Renewed Employment Law Enforcement
When President Obama was inaugurated and the new Congress sworn in, there was a lot of talk about the enactment of new labor and employment legislation. The Employee Free Choice Act (EFCA) has perhaps received the most attention, but there are a dozen other pending bills that would expand employee rights. With the economic crisis and health care reform occupying so much presidential and congressional attention, the proposed labor and employment legislation seems stalled.
Two recent stories underscore that, regardless of new legislation, there will be renewed enforcement of labor and employment laws. Attorney General Eric Holder announced that he’s beefing up the Civil Rights Division of the U.S. Justice Department. Although employment law isn’t the only thing on the Civil Rights Division’s radar, it will be a principal concern of the Division’s renewed enforcement.
And a new report on low paid workers demonstrates that they are often not paid overtime or even the minimum wage. Secretary of Labor Hilda Solis has said since her confirmation that the Department of Labor will aggressively pursue employers not complying with the Fair Labor Standards Act. Secretary Solis responded immediately to this new report by saying this is an example of why her department needs to be more aggressive.
New labor and employment laws may be slower to come than was initially anticipated. But there are plenty of laws already on the books, and the Obama administration’s heightened determination to enforce them will create the need on the part of all employers to make sure they’re in compliance with the laws presently on the books. Employers may have a year or so before they’re having to worry about new laws. All employers have to do now is worry about the new enforcement of the old ones.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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I fully agree with this article. Two of my clients are being audited by the Department of Labor on cases that wouldn’t have been on the radar screen a few years ago.
The investigators are being more aggressive and spending more time per audit. Look for this trend to continue.
All employers should take some time now to review their employment practices and policies before the US comes calling.
LD