- Employers must take a pro-active stance against union infiltration by educating employees about their rights and training supervisors to properly handle employee questions and negotiation techniques.
- If a majority of employees sign union authorization cards, they can demand that a company "abide by the new EFCA law" without an NLRB election.
- Companies can expect to see increases in charges of unfair labor practices, strong-arm negotiation tactics, and an explosion in union membership.
"Nothing in my lifetime, including the Civil Rights Act of 1991, would change our labor and employment laws as dramatically as EFCA would," says Michael J. Lotito, a recognized workplace law expert and partner at Jackson Lewis LLP.
Other issues that employers will need to take action upon include:
The Lilly Ledbetter Fair Pay Act
- Employers must take the initiative to institute a fairness-in-compensation policy and educate managers and supervisors about compliance.
- Employers must also proactively educate employees about their rights and the filing procedures of claims.
Illegal Immigration
- Employers should prepare for an increase in the number of H1-B Visas being issued.
- Employers will have to take on more responsibility in assisting illegal workers on the path to documentation.
In addition, the Family Medical Leave Amendments Act was signed by President Bush in October and will go into effect in January 2009. Employers are expected to face significant compliance responsibilities in the coming year.
