Workplace Legal and Regulatory Updates

There are several important employment-related political and legal issues to keep an eye on this year. Congress is working on legislation dubbed the Employee Free Choice Act (HR 1409/S 560), which would make it easier for employees to unionize. Healthcare reform and economic problems have overshadowed it to date, but look for organized labor unions to increase pressure as those issues subside. Also under consideration in Congress is legislation requiring employers to provide paid sick leave, and experts expect some form of a mandate to be enacted.

The U.S. Supreme Court is also active with employment law considerations and will likely rule on at least eight employment-related cases in the next few months, including a suit involving the National Labor Relations Board.

Labor law experts expect the Equal Employment Opportunity Commission to issue new guidance on age discrimination, as well as the Occupational Safety and Health Administration to increase regulatory activity. It also is likely the U.S. Department of Labor will continue to emphasize enforcement of wage and hour requirements.