With the impending installment of a new presidential administration, employers can expect a potential wave of newly-proposed, employment-related federal legislation. For example, President-elect Biden has already announced or indicated support for (i) mandating 12 weeks of paid leave for all workers for their own or a family member’s serious health condition, (ii) banning or substantially limiting non-compete agreements, (iii) banning or limiting mandatory arbitration agreements and class action waivers, (iv) raising the federal minimum wage to $15 per hour, and (v) measures that would strengthen the rights of unionized employees and those who seek to unionize. In addition to these potential legislative initiatives, leadership changes among various federal agencies, including the Department of Labor, the EEOC, and OSHA are also likely to bring a shift in enforcement priorities. Employers are well-advised to think proactively about their current policies, procedures, and employment-related agreements, and assess and address compliance vulnerabilities, so as to stay ahead of the forthcoming curve. We wish you a very happy, peaceful, and healthy New Year.
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