Areas of Interest During Obama’s Second Term

by | Feb 1, 2013 | General | 0 comments

The Impact of Obama’s Re-election on Employers

Now that the November Presidential election is behind us, many employers are asking: What impact will President Obama’s re-election have on employers? Here are a few key areas that will continue to receive heightened attention during Obama’s second term.

OFCCP During Obama’s first term, the Office of Federal Contract Compliance Programs (OFCCP) proposed regulations that would impact government contractors. Among these were proposals to increase pressure on contractors to hire Veterans and the disabled, including setting utilization goals for such groups, such as a target hiring goal of 7% of each job group for individuals with disabilities. It is likely the OFCCP will continue to make compensation a priority.

NLRB Under Obama, the NLRB has invalidated employer social media policies that appear to limit what employees can say over social media, and certain employer rules that prohibit employees from discussing ongoing internal investigations with coworkers. It is likely the NLRB will continue to aggressively pursue employer policies and practices which it perceives as having a chilling effect on employees’ Section 7 rights. Employers should consider reviewing their employee handbooks in consultation with HR Consultants to mitigate the risk of unfair labor practice charges.

EEOC Under the Obama administration, the EEOC has aggressively pursued its systemic discrimination initiative, in many cases using a charge by a single employee as the launching pad to conduct facility-wide investigations. The Strategic Enforcement Plan (SEP) targeted, among other issues, eliminating systemic barriers to hiring and recruitment, LGBT (lesbian, gay, bi-sexual, and transgender) coverage under Title VII’s existing sex discrimination provisions, and employers who fail to accommodate pregnant females with work restrictions through forced leaves of absence.

Immigration President Obama is pushing for comprehensive federal immigration reform, capitalizing on the support he received from the Latino community during the election.

Healthcare President Obama will continue to implement the Patient Protection and Affordable Care Act (PPACA) that he signed into law on March 23, 2010. Employers should be mindful of the compliance deadlines and consult an expert to ensure they meet the PPACA’s requirements.

Employers must be vigilant ensuring that their employment practices comply with ever changing federal and state regulatory requirements.