Close
Learning Methods
Classroom
A traditional classroom couples on-site learning with the added value of face-to-face interaction with instructors and peers. With courses and exams scheduled worldwide, you will be sure to find a class near you.
Interaction
Highly Interactive
On-going interaction with instructor throughout the entire classroom event
Interaction with peers/professionals via face-to-face
Components (May Include)
Onsite
On-site instructor-led delivery of course modules, discussions, exercises, case studies, and application opportunities
Supplemental learning elements such as: audio/video files, tools and templates, articles and/or white papers
E-course materials available two weeks prior to the course start date; printed course materials ship directly to the event location
Duration
One + Days
Varies by course ranging from one to multiple days
Technical Needs
Specific requirements are clearly noted on the course page
Virtual Classroom
Ideal for those who appreciate live education instruction, but looking to save on travel. A virtual classroom affords you many of the same learning benefits as traditional–all from the convenience of your office.
Interaction
Highly Interactive
On-going interaction with instructor throughout the entire virtual classroom event
Interaction with peers/professionals via online environment
Components (May Include)
Live online instructor-led delivery of course modules, discussions, exercises, case studies, and application opportunities
Supplemental learning elements such as: audio/video files, tools and templates, articles and/or white papers
E-course materials available up to one week prior to the course start date. Recorded playback and supplemental materials available up to seven days after the live event.
Duration
Varies by course ranging from one to multiple sessions
Technical Needs
Adobe Flash Player
Acrobat Reader
Computer with sound capability and high-speed internet access
Phone line access
E-Learning
A self-paced, online learning experience that allows you to study any time of day. Course material is pre-recorded by an instructor and you have the flexibility to view content modules as desired.
Interaction
Independent Learning
Components (May Include)
Pre-Recorded
Pre-recorded course modules
Supplemental learning elements such as: audio/video files, online quizzes
E-course materials start on the day of purchase
Optional purchased print material ships within 7 business days
Duration
120 Days - Anytime
120-day access starts on the day of purchase
Direct access to all components
Technical Needs
Adobe Flash Player
Acrobat Reader
Computer with sound capability and high-speed internet access
Close
Contact Sponsor
E-Reward
Online
Paul Thompson
Phone: 1 44 01614322584
Contact by Email | Website
Close
Sorry, you can't add this item to the cart.
You have reached the maximum allowed quantity for purchase in your cart or the item isn't available anymore.
Product successfully added to your cart!
Price
View your cart
Continue shopping
WORKSPAN
WORKSPAN DAILY |

What Employers Should Know Ahead of Inauguration Day

Elections have consequences — especially for employers. With the November 2020 elections in the rearview mirror, many employers are peering through their crystal balls to glean some insights as to what might be in store for them on the labor and employment policy front.

Image

The continuing pandemic, teetering economy, and social unrest make it even more vital for employers to prepare for pending policy changes. Here are the major labor and employment policy changes employers should expect in 2021.

A Divided Legislature?

The two Georgia Senate runoff elections scheduled for Jan. 5, 2021 have enormous implications for federal labor and employment policy in the next few years. If the Democrats win those two races, this would give them the 51 votes needed to abandon the legislative filibuster. (Vice President Kamala Harris can cast tie-breaking votes.)

With no filibuster, Democrats could pass bills with 51 votes, as opposed to 60. However, Sen. Joe Manchin (D-WV) has already stated that he will not vote to eliminate the filibuster. Other Democrat senators have sent similar signals. Because Democrats cannot afford to lose a single vote, just this one defection means that it is likely that the legislative filibuster will remain intact, at least for the immediate future. Accordingly, labor and employment related bills such as the Protecting the Right to Organize (PRO) Act, the Paycheck Fairness Act and an increase in the minimum wage, will likely be blocked.

This is not to say that there will be absolutely no employment legislation passed in Congress. Several bills that passed the House in the 116th Congress with bipartisan support could be reintroduced in the 117th Congress with a renewed push to get them across the finish line. These bills address matters such as pregnancy accommodation in the workplace, the multi-employer pension crisis and eliminating the 7% per-country cap for employment-based immigrant visas.

Despite all this, political winds can change abruptly, so employers should still remain vigilant with regard to the PRO Act, especially. This bill will be the top labor legislative priority for Democrats and labor organizations. Among other provisions, the PRO Act would:

• Resuscitate and codify National Labor Relations Board (NLRB) decisions concerning joint employer, gerrymandered bargaining units and employee email access.
• Codify the “ambush” elections, persuader and notice posting regulations.
• Prohibit right-to-work laws.
• Create a private cause of action for unfair labor practices (ULPs).
• Allow for new civil penalties, including liquidated damages.
• Codify the California’s A.B. 5 regarding independent contractors.
• Require binding arbitration for first contracts.
• Overturn the Supreme Court’s decision in Epic Systems, essentially prohibiting arbitration agreements.
• Prohibit employers from permanently replacing strikers while also allowing secondary boycotts.

If the PRO Act become law, it will be the most significant labor legislation since the Wagner Act in 1935.

On the Regulatory Front

When President-elect Biden assumes office on Jan. 20, 2021, expect him to waste no time issuing and repealing executive orders. Indeed, President Trump’s Executive Order on diversity and inclusion training will probably be rescinded before the inaugural balls later that evening. Many of President Trump’s immigration-related executive orders, such as those concerning refugees, asylees and certain COVID-19 related restrictions, will also be rescinded. Regardless of which party is in the White House, federal contractors often serve as guinea pigs for the respective administration’s policy preferences. Expect this administration to follow suit.

At the agencies, the continuing COVID-19 crisis has catapulted workplace safety into the national conversation. The Trump Department of Labor’s Occupational Safety and Health Administration (OSHA) addressed the pandemic’s impact on the workplace through the issuance of non-binding guidance materials, rather than a one-size-fits-all standard that could not adapt to various industries or our changing understanding of the virus. Employers can expect a Biden OSHA to take the opposite approach and issue a COVID-19 specific emergency temporary standard (ETS) to apply to the workplace. This will be the top employment policy priority for the Biden administration, and an ETS will likely issue shortly after inauguration day.

Beyond an ETS, once Biden’s nominees are in place at the Department of Labor (DOL), National Labor Relations Board and other agencies, they are expected to undertake a “repeal and replace” campaign of regulations and policy prescriptions enacted by the Trump administration.

At the DOL, this includes regulations on joint employer under the Fair Labor Standards Act (FLSA), independent contractors under the FLSA, and potentially the overtime regulations. A Democrat majority at the NLRB will be expected to reverse the joint employer regulation and restore the entirety of the Board’s 2015 changes to its election procedures.

Thus, while the Senate may serve as a check on the administration’s more ambitious legislative priorities, the employer community should prepare for a much more aggressive regulatory and enforcement agenda in 2021. Preparing now can help prevent employers from being caught flatfooted in the future.

About the Author

Jim Plunkett Bio Image

James Plunkett is senior government relations counsel in the Washington, D.C. office of Ogletree Deakins.


About WorldatWork

WorldatWork is a professional nonprofit association that sets the agenda and standard of excellence in the field of Total Rewards. Our membership, signature certifications, data, content, and conferences are designed to advance our members’ leadership, and to help them influence great outcomes for their own organizations.

About Membership

Membership provides access to practical resources, research, emerging trends, a professional network, and career-building education and certification. Learn more and join today.