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Almost every area of employment law is subject to significant change this year. We will continue to stay abreast of those changes, and to advise our clients accordingly. When changes to policies or procedures are needed, we will let you know. Here are some of the issues we are monitoring:
UNION ORGANIZING
Employee Free Choice Act
This hotly contested proposed legislation would give unions the right to recognition in the workplace once a majority of employees sign cards saying they want a union. This would eliminate the secret ballot election process generally used today. The bill would also impose a limited time for the parties to negotiate an agreement, or require that an arbitrator do so if the parties were unsuccessful. This is one of organized labor's top legislative goals. It remains to be seen whether business groups will be able to defeat the bill, and what effect the economy will have on the bill's prospects.
WAGES
Lilly Ledbetter Fair Pay Restoration Act, The Fair Pay Act, the Title VII Fairness Act, and the Paycheck Fairness Act
These bills would significantly expand the filing period and the reasons for which employees could seek redress for alleged pay discrimination, and would drastically increase employers’ recordkeeping requirements. The definition of pay discrimination might even be expanded to include discrimination in the payment of pension benefits.
Employee Misclassification Prevention Act
This legislation would amend the FLSA to increase penalties and enforcement against employers that misclassify employees as independent contractors. The DOL and the states would be required to seek out misclassification. Employers would have an affirmative duty to notify workers of their classification and their right to challenge it.
WORKPLACE ADMINISTRATION
Healthy Families Act
This would require employers with 15 or more employees to provide at least seven days of paid sick leave each year to employees who work 30 or more hours a week. Pro-rated sick leave would be required for part-time employees.
Crime Victims Employment Leave Act
This Act would amend the FMLA to permit leave for employees who are violent crime or domestic violence victims, or whose immediate family members are violent crime or domestic violence victims, to attend court proceedings.
The America's Workers Act
This proposed Act would expand occupational safety regulation under the Occupational Safety and Health Act by increasing whistleblower protections and increasing penalties.
SEXUAL ORIENTATION
Employment Nondiscrimination Act
This Act would amend Title VII to add sexual orientation as a protected class. Unknown following disagreement among supporters, is whether transgendered employees would also be protected. Legislation is also expected at the state level.
This article is provided for general informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Employers are urged to consult a Cooper & Walinski attorney concerning any specific legal questions they may have. |
