Update on the Obama L&E Agenda

I attended a seminar this week in which four very highly accomplished lawyers gave participants an overview of employment law issues under the Obama administration; specifically, the speakers addressed EFCA, the Paycheck Fairness Act, the Arbitration Fairness Act, and certain Executive Orders impacting governmental contracting - all topics we’ve covered here.  If you’d like a copy of the handout, send me an email.

What I learned is that the changes in the labor and employment landscape are far from over.

The speakers explained that while EFCA appeared to be the centerpiece of Obama’s Labor and Employment Agenda, the scuffle with healthcare has put this issue on the backburner, at least for this session.  The experts indicated that the chances of its passage are very likely, but in a much altered state.  You’ll recall the biggest issues under EFCA involve “card check”/secret ballot union elections, binding arbitration, and enhanced remedies under the NLRA, including injunctive relief.  Real reform or an overhaul of the NLRA has not occurred in a very long time; accordingly, expect some changes, just not right away.

In addition, once the healthcare debate dies down or gets resolved, expect to see some action on the Employment Non-Discrimination Act of 2009, which would provide an employee’s sexual orientation and gender identity with a protected status similar to that already afforded race, gender, religion, national origin, color, age and disability. The Act would be enforced by the EEOC, and any claims under the Act would be subject to the same mandatory administrative process set forth for claims under Title VII.

Summer may be over, but we’re a long way from seeing the end of labor and employment changes - we’ll keep you posted.