Staying current on employment bills and changes to labor and employment laws is time consuming.
Fortunately, staying up to speed in those areas is not something you have to do on your own. Syndeo and its industry partners have the expertise you need to help you stay informed on changes that could affect your business in 2023 and beyond.
Here are four employment bills that employers should be watching in 2023. The following is a summary of these bills by Gordon Berger, a partner with the FisherBroyles LLP law firm.
- Employee Rights Act (H.R. 7194, S. 3889). This bill proposes to add increased protection for secret ballot elections and extend such protections to workers deciding whether a union will go on strike; require union recertification elections when union membership drops below 50 percent; protect employee privacy; provide protection from political spending by requiring workers to “opt-in” to have any portion of their paycheck used by unions to support political candidates or parties, and codify the traditional joint employer “direct, immediate control” standard.
- Ensuring Workers Get PAID Act (H.R. 5743). This bill reestablishes the Payroll Audit Independent Determination program, with U.S. Department of Labor oversight, and allows employers to report wage & hour violations in lieu of litigation. Employers can participate by agreeing to a self-audit of the wage & hour allegations. The DOL will review the audit and oversee a settlement with covered employees if the application is approved. Employees who accept a settlement under the program forgo the right to litigation.
- The Working Families Flexibility Act (H.R. 1980). This bill would legalize private sector employers offering compensatory time at a rate of one and one-half hours for each hour of employment for which overtime compensation otherwise is required; employees would be able to accrue a maximum of 160 hours of comp time.
- The Workflex in the 21st Century Act (H.R. 4248). This bill would authorize a new type of benefit plan under the Employee Retirement Income Security Act (ERISA) with a safe harbor if the plan is in conflict with state paid leave laws so long as an employer offers a minimum amount of paid leave. Employers would have the option to provide flexible workplace arrangements such as a combination of paid leave and flexible work options exempt from certain employee benefits and state and local laws. Such a plan would have to be offered to all employees with a minimum amount of paid leave per year from 12 to 20 days, depending on the size of the employer and employee service time. The plan could entail one of these flexible work options: a biweekly work program, a compressed work schedule, a remote work program, a job-sharing program, flexible scheduling, or predictable scheduling.
We and our industry partners will continue to track these employment bills and provide updates accordingly.
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