What’s the status and the future of employment law?

As the 2017-2018 congressional calendar draws to a close, so does the likelihood of new employment laws making it out of the 115th Congress. While this means the end of the road for some proposed legislation, now is the perfect time to review the many federal and state laws that could still reappear next year.

Several federal laws could make waves in 2019, especially given the outcomes from the contentious 2018 midterms.

Paid family leave

Both Democrats and Republicans proposed paid family leave bills this year, though neither of the two frontrunners made much headway before the session ended. The Democratic-backed Family And Medical Insurance Leave (FAMILY) Act would pay up to two-thirds of wages for 12 weeks for new mothers and fathers, as well as those caring for family members. The bill would be financed by a payroll tax.

The Republican-backed Economic Security for New Parents Act bill would offer a tax credit for businesses that give workers up to 12 weeks of partially paid parental leave. The leave would be paid for using funds borrowed from the individual employee’s Social Security benefits. the right to exercise power over a worker, even if one of the companies didn’t use that power, they were all considered employers for legal purposes (including union bargaining).

With the proposed rule change, the NLRB would revert to its pre-2015 interpretation of joint employers, meaning that only the company that actually exerted control over the employee (through hiring, firing, discipline, etc.) would be considered an employer for legal purposes.

J.J. Keller & Associates Legislation may go dormant while Congress breaks for the holidays, but employers should stay informed and aware that such activity will likely be back next year.

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ANN POTRATZ