New Administration Plans Changes to Workplace Regulations

President Biden recently announced the first details of his proposed economic policies. Many of these initiatives contain provisions that will directly impact employers and business owners.

Although most of these changes will require congressional approval before becoming law, the broad strokes of the new policies are gradually coming into focus. As workplaces continue to reopen from COVID-19-related shutdowns and restrictions, understanding and preparing for implementation of these proposals is increasingly important.

The pertinent changes, part of President Biden’s “American Rescue Plan,” call for actions including, but not limited to:

Renewal and Expansion of the Families First Coronavirus Response Act (FFCRA)

• Removal of existing exemptions based on business size (over 500 or under 50 employees).
• Mandating over 14 weeks of paid FMLA for individuals who are under quarantine, caring for family members with COVID-19 symptoms or with additional childcare responsibilities due to school closings.
• Expanding emergency paid leave to federal workers.
• A $1,400 cap on weekly paid leave benefits.
• Elimination of tax credits for employers with over 500 employees.

Expansion of OSHA

• Creating a “COVID-19 Protection Standard” to expand OSHA protection to more workers.
• Requesting congressional approval to expand OSHA funding.

Expansion of Federal Unemployment Insurance

• $400 per week in unemployment insurance through September 2021.
• Expanding eligibility to certain self-employed workers.

Increasing the Minimum Wage to $15 per Hour

• Ending the tipped minimum wage and sub-minimum wage for workers with disabilities.

Hazard Pay for Frontline Workers

• Without more details, it remains unclear how Congress could implement this goal.

Conclusion

If the new administration garners sufficient support from Congress, many of these changes could be forthcoming in the immediate future. It should be noted, however, that the details and implementation of these proposals are all subject to change during the legislative process.

Employers and business owners should monitor these developments closely as they continue to evolve. Employers may need to amend their reopening plans as needed. Consulting with an attorney may be warranted to analyze and prepare for the implications of these proposals on a situation-specific basis.

The Coronavirus Task Force at Klehr Harrison stands ready to assist you in your business and legal needs. We will continue to provide additional information and guidance as the COVID-19 situation develops.

Author Jonathan Krause is a partner in the Litigation Department at Klehr Harrison.