Employco Blog

With Joe Biden on pace to become the 46th president of the United States, employers can expect several changes to the workplace legal landscape over the next four years. Here are the TOP 5 expected changes following Biden’s inauguration on January 20, 2021:

1. Affordable Care Act (ACA) – President-elect Biden has pledged to strengthen the ACA including an expansion of coverage to more uninsured and underinsured. The Supreme Court’s decision in California v. Texas, which has the potential to significantly affect the future of the ACA, is expected in early 2021.

2. Employee Leaves of Absence – The U.S. workforce is anticipating the introduction of a new federal paid leave law.  Although the nation got a glimpse of temporary federal paid leave under the Families First Coronavirus Response Act (FFCRA), a new program could provide employees with up to 12 weeks of paid time off.

3. Labor Relations – Biden has been vocal with his eagerness to bolster union representation including additional protections for organizing activity and new appointments to the National Labor Relations Board (NLRB).

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Each year, the Kaiser Family Foundation conducts a survey to examine employer-sponsored health benefits trends. On October 8, 2020, Kaiser released this year’s survey results – the following notes summarize the main points of the 2020 survey:

Worker Contributions – The average worker contribution toward the premium (payroll deduction) was 17% of the total premium for single coverage and 27% for family coverage. Employees at organizations with a high percentage of lower-wage workers (where at least 35% make $25,000 or less annually) made above-average contributions toward family coverage—35% vs. 24% when compared to employees at firms with a smaller share of lower-wage workers. In terms of dollar amounts, workers contributed $1,243 and $5,588 per year toward their premiums for single coverage and family coverage, respectively.

Plan Enrollment – The following were the most common plan types in 2020:

• Preferred provider organizations (PPOs)—47% of workers covered
• High deductible health plans (HDHPs)—31% of workers covered
• Health maintenance organizations (HMOs)—13% of workers covered
• Point-of-service (POS) plans—8% of workers covered

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On September 30, 2020, the Occupational Safety and Health Administration (OSHA) published two additional answers to its list of COVID-19 frequently asked questions (FAQs). The new answers clarify when employers must report COVID-19 in-patient hospitalizations and fatalities.

Reporting Hospitalizations – OSHA requires employers to report in-patient hospitalizations only if the hospitalization occurs within 24 hours of an exposure to COVID-19 in the workplace. As a result, employers must report COVID-19 hospitalizations only if the hospitalizations are:

• For in-patient treatment; and
• The result of a work-related case of COVID-19.

The report must be submitted within 24 hours of the time the employer determines there was an in-patient hospitalization caused by a COVID-19 case. Hospitalization for diagnostic testing or observation only is not “in-patient” hospitalization.

Reporting Fatalities – OSHA requires employers to report fatalities that occur within 30 days of an exposure to SARS-CoV-2 in the workplace. Fatality reports must be submitted within eight hours of the time the employer learns that the fatality took place and that it was due to a work-related exposure.

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Election season is upon us and we’re likely to see some heated discussions. We also need to be ready for employee time off requests to vote during work hours.

Keeping Political Discussions Civil at Work – Political discussion has and will continue to be a reality in many work environments. Work can already be a stressful place for many, with political discussion adding an additional stressor for employees—and in many cases, an additional concern for employers. While disagreement in and of itself isn’t always a detriment to all workplaces, political discussion can negatively affect the work environment for many employees.

• Address expectations—Employers can focus on clarifying what expectations are and how employees can engage civilly. Employers can also clarify what their policies are for political discussion.
• Focus on behaviors, not beliefs—Focus on what behaviors are appropriate—rather than what employees should believe or think. Employers should clearly outline what types of behaviors are not welcome, while avoiding providing direct or indirect guidance on how an employee should feel about political issues.
• Encourage respect—The reality is that not all employees will agree on every topic—whether work-related, personal or political. Employers should focus on encouraging employees to respect each other and their thoughts—even if they disagree.
• Lead by example—Should leaders endorse specific political parties or political candidates—or behave heavily partisan—it may have an impact on the norms of the workplace culture. Employees who feel differently may not feel comfortable speaking up. To that end, these same employees may even feel that their personal views could hold back their careers in the workplace. If leaders showcase desired behaviors, that can help set the expected behaviors within a company culture.

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