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January will bring an inauguration of a new President, a Democrat-led Congress and the possibility of several new labor and employment laws.
While the economy will be squarely in the headlines, the following three laws should definitely be on your radar screen. The laws will likely change as they go through the legislative process, but here's what you need to know now.
- The Employee Free Choice Act (EFCA): Obama co-sponsored the EFCA which would change the union certification process by eliminating secret ballot elections and would only require a majority of workers to sign authorization cards designating a union as their bargaining representative. Many employers worry that this would take away their chance to argue against unionization, which they currently have the right to do during the campaign period leading up to the secret ballot.
- The Re-Empowerment of Skilled and Professional Employees and Construction Tradeworkers (RESPECT) Act: Another piece of legislation co-sponsored by Obama, this Act was designed to change the definition of "supervisor" under the National Labor Relations Act (NLRA). If passed, many front-line supervisors would become eligible to join the same unions as the employees they supervise.
- The Lily Ledbetter Fair Pay Act: This act is strongly supported by Obama and would give workers more time to sue for pay discrimination by resetting the statute of limitations and would allow victims to sue for punitive and compensatory damages. Opponents of the bill are concerned that such legislation will place an unfair burden on employers and encourage frivolous lawsuits.
What you can do: Contact your legislators to find out their positions on these bills and what their intentions are. Maintain a proactive, positive approach with your employees and keep your workplace relationships in good shape. Talk to other business owners to get their perspectives and take action as you see appropriate.
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