Now that we know President Barack Obama will remain in office for the next four years, what can employers expect from a second-term Obama Presidency?
Department of Labor (DOL) –
Expect to see an increase in activity from these sub-agencies of the department: Wage and Hour Division (WHD), Occupational Safety and Health Administration (OSHA) and Office of Federal Contractor Compliance Programs (OFCCP), that will add to employers’ compliance obligations. There will be aggressive investigations in under the Fair Labor Standards Act (FLSA). Employers need to be cautious of 1099 contractors and overtime provisions. Employers may also see a more activity from OSHA with stricter Injury and Illness Reporting Obligations. OSHA has proposed requiring employers to report workplace amputations to the agency within 24 hours, as well as all in-patient hospitalizations within eight hours. Existing recordkeeping rules require employers to report in-patient hospitalizations of three or more employees to OSHA within eight hours. Any workplace fatality would continue to be reportable as well. OFCCP, proposed regulations for federal contractors and subcontractors to include setting veteran “goals” in area of underutilization. Also, OFCCP has proposed imposing added disability-related restrictions on federal contractors and subcontractors to include requesting disability status of applicants and new hires, setting disability “goals” in areas of underutilization.
Equal Employment Opportunity Commission (EEOC) –
Expect the EEOC to scrutinize common Americans with Disabilities Act (ADA) reasonable accommodations and the use of background credit checks.
Health Care and Employee Benefits –
The three (3) government agencies primarily charged with health care reform is the Department of Health and Human Services, Department of Labor and Internal Revenue Service. Employers should expect audits of their payroll records, employee inclusions in benefits and record compliance.
National Labor Relations Board –
Employers should expect to see more Presidential Executive Orders as well as NLRB and Department of Labor agency initiatives. The National Labor Relations Act’s impacts both union and non-union employers. The NLRB may make it easier for unions to organize workers. The NLRB’s “protected concerted activity” initiative is creating a significant concerns. Employer policies dealing with social media, “at will” status, class action waivers, electronic communications, confidentiality of investigations, harassment and solicitation/distribution are among those receiving critical scrutiny from the Board.
Immigration –
President Obama key issues has included whether to create a “path to citizenship” for certain illegal aliens, increased national security, and I-9 employment eligibility verification ensuring that employers hire legal workers (a new Form I-9 is pending).
