What do the 2018 midterm results mean for employment law?

What do the 2018 midterm results mean for employment law?

What do the 2018 midterm results mean for employment law?

By Calvin Gower, Trüpp.

Now that midterm elections are in the books, it’s time to look at what we can expect on the employment law landscape come 2019. With a flipped blue House and a further solidified red Senate, a few predictions have been made for what will be set in motion in the near future.

More focus on worker friendly initiatives.

It’s expected that the House will make its initial push with worker friendly measures related to ACA expansion, Medicare, and paid employee-leave. These measures will likely be based on campaign promises but lack the overall balance to get over the Senate hurdle, leading to the belief that they won’t find much success.

We can expect to see the House exercise its power overseeing several federal agencies, including the U.S. Department of Labor (USDOL) and the National Labor Relations Board (NLRB). More checks and balance should be in place going forward and will likely come to light with the USDOL’s effort to propose a new overtime rule and the NLRB’s move to return the joint employment rule to a more measured level.

Paid sick leave will have the best chance of success.

While other initiatives have little chance of landing in the middle ground, paid sick leave legislation will more likely have success. Both parties have expressed that this type of law would be beneficial. Expect this to be the top of the agenda.

Stability from the Department of Labor.

Several federal agencies are expecting major shake ups as far as leadership goes, but Secretary Alexander Acosta doesn’t seem to be on the chopping block. If the DOL doesn’t see a switch at the leadership level, we can expect to see consistency from this agency.

Source: Fisher Phillips