A Report on US Labor and Employment Issues [2021]

    J Bruce

    Now that the inauguration has gone and the Biden administration has begun its work, merchants should take stock of the anticipated issues to become more prominent in 2021 and determine how to prepare for the obstacles that each of these issues poses. In addition, both employers and employees would do well to familiarize themselves with legal procedures and work with the right employment lawyer Burbank CA.

    Below are some of the burning labor and employment issues this 2021 that will affect employers and employees.

     

    1. Federal Labor Policy Changes

    With the Democrats in charge of the White House, the United States Senate, and the United States House of Representatives, federal labor and employment policy will undoubtedly change in many ways.

    Businesses should expect labor policy changes and modifications to workplace safety regulations, wage and hour policies, the federal minimum wage, requirements for exempt salary, and specific definitions for joint employers and independent contractors, as covered by the Fair Labor Standards Act.

     

    2. COVID-19 Compliance

    Businesses should expect to see a stream of ever-changing local, state, and federal executive orders, statutes, and ordinances related to COVID-19. 

    The government will continue dialogue with businesses concerning capacity, social distancing, closures, and mandatory masks. Companies will also have to take care of protective measure requirements and customer screening as well.

     

    3. Diversity & Inclusion

    Following the 2020 Black Lives Matter protests and the presence of active and persistent movements other social justice movements, businesses will continue to prioritize diversity and inclusion (D&I).

    Last year, many retailers already stepped up their game by developing, implementing, and administering complete diversity and inclusion programs and training efforts.

    This pattern is predicted to continue through the year 2021. In addition, the federal government will likely also step up its demand for more proactive D&I or unconscious bias training for federal contractors.

    Given the administration's increased emphasis on "equity," merchants may wish to consider embracing the concept of equity in their diversity and inclusion efforts, as well as including measures to benefit neglected populations.

     

    4. Mask-wearing

    Retailers are expected to confront some consumers who refuse to wear face masks as long as health organizations advise most public members to do so—which might be until 2022. Unfortunately, retailers which enforce a rigid "no mask, no service" policy may suffer legal repercussions.

    Customer opposition to face masks can raise difficult questions about disability and religious accommodation and quickly lead to lawsuits. Retailers, on the other hand, have had some luck in court in fighting these lawsuits.

    In Pennsylvania, one district court denied a plaintiff's request for a preliminary injunction to change a grocery store chain's policy, citing that the mask policy did not discriminate against the plaintiff because of his disabilities.

    Once a considerable fraction of the population has been vaccinated, customer challenges to face mask policies may take on a new aspect. For example, customers may decline to wear face masks if they have received vaccinations.