What will the election mean for your business?

Part 1 - What will the election mean for your business?

by Amie Remington, Esq., on November 16, 2020
This election cycle has been emotionally charged for both sides. Although there are still no concrete answers at the time of this post, we wanted to provide you with meaningful insight into what to expect in the event of a change in administration.

For employers and employees, the Biden Administration could look very different than the Trump Administration. The Biden Administration will need to quickly address COVID-19 challenges such as additional PPP loans, expanded COVID-19 legislation, and a national response to COVID-19 safety standards. We anticipate that OSHA will play a large part in the COVID-19 response. While the Trump Administration cut the number of OSHA inspectors to a 49-year low, OSHA will likely engage more inspectors to work with employers to ensure worker safety in the workplace, and, where necessary, to assess penalties on non-compliant employers.

A Biden Administration is also likely to put a renewed focus on the Department of Labor’s Wage and Hour Division. Employers can expect the administration to prioritize misclassification, compliance with wage and hour rules, posting requirements, and recordkeeping requirements. Additionally, concerning pay transparency and equity, the Department of Labor's Equal Employment Opportunity Commission's EEO-1 Component 2, which would require the reporting of wages by gender and race and some version of the previous bill, the Paycheck Fairness Act, may become priorities.

Employers are also likely to see a more pro-union stance from the administration. In the Obama Administration, there was a push for “quickie elections” and a shift away from secret ballot elections. Some similar form of those agendas may go forward in the next few years.

It is almost guaranteed that the Affordable Care Act will remain a top Administration initiative. Portions of the ACA are currently before the United States Supreme Court, which is interpreting legislative language related to the Act.

Finally, with a new administration, businesses could also see changes in the policies dictating paid employee leave, employee privacy and data security, restrictive covenants, and affirmative action.

Join us Dec. 2 at 1 p.m. as we further explore the potential impacts of the new administration in a free webinar: Register today!
Amie Remington, Esq.

As General Counsel of LandrumHR, Amie advises on all business and employment-related legal issues. She is also a regular speaker at national and state-wide events, discussing all aspects of employment law that affect all employers, including Title VII of the Civil Rights Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, the Americans with Disabilities Act, and the state counterparts to these laws. Before joining LandrumHR, Amie was a partner in the law firm of Bozeman, Jenkins & Matthews, P.A., where she represented employers, management and the State of Florida in all types of employment-related matters. At the firm, Amie focused on policy creation, prevention of discrimination and harassment and management education and training, as well as all aspects of employment litigation, including trial and appeal work.

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