As The Workplace Is Evolving, New Federal Labor Laws May Be On The Horizon

By: Latoya Laing and Katherine Mendez

As the workplace continues to evolve, lawmakers are poised to develop the labor laws of tomorrow. A new Democratic House Committee recently held a hearing to address the concerns of the ever-changing workplace.

On October 23, 2019, the House Committee on Education and Labor held its first hearing on the “future of work.”

The “future of work” has caught the attention of lawmakers. Indeed, the Health, Employment, Labor and Pensions Subcommittee and the Workplace Protections Subcommittee are focusing their efforts on revamping laws related to workers’ rights. Issues like the decline in labor organizing, deregulation in high risk sectors, and wage stagnation are prompting lawmakers to consider passing new laws to address employee protections.

At the hearing, Representative Alma Adams stated that as the relationship between workers and employers changes, the protections provided by our key labor and employment laws are “eroding.”[1] Representative Adams also emphasized the risks associated with the modern day workplace, stating:  “the lack of clarity in work arrangements can undermine the safety of workers because there is less certainty about who is responsible for supplying safety equipment and safety training. This adds risk for temporary and contract workers who are twice as likely to die from falls than workers in traditional employment according to labor department data.”[2]

David Weil, a Dean and Professor at the Heller School for Social Policy and Management at Brandeis University also testified at the first Committee hearing.  In his statement, Weil offered comments on how lawmakers can preserve worker protections.  Weil stated that the “fissured workplace,” a result of outsourcing and subcontracting, has had a significant impact on core worker protections.[3]  Specifically, Weil stated that the fissured workplace prompts consequences like “lower wages, fewer benefits, unreliable hours, and limited or no labor and employment protections.”[4]

This “fissured workplace” is highlighted in certain on-demand work platforms and apps. Digitally-enabled employers hire independent contractors, set pricing standards for work performed, and incentivize contractors with flexible hours and high earning potential.  Weil argued that this often results in lower wages, longer hours, and increased health and safety risks.[5]

Weil further suggested that the Committee start with guaranteeing the core principal that people be compensated for the work they do at a wage “reflecting social needs.”[6]  Weil went on to say that it is fundamental that workers should not be discriminated against for exercising rights and should have the right to work in a safe environment regardless of their employment classification.

No doubt in part due to this testimony and other influences, high on the Committee’s to-do list is a plan to push a bill proposing extensive changes to federal labor law in the “Protecting the Right to Organize Act.” The Act would substantially broaden worker’s rights to strike and unionize. The Act also seeks to expand the National Labor Relations Board’s power to punish employers for blocking a union campaign.

With two more hearings set in this series, employers should stay alert and be prepared to revise policies and procedures to comply with newly enacted laws.

[1] The Future of Work: Preserving Worker Protections in the Modern Economy, YOUTUBE (October 23, 2019), https://www.youtube.com/watch?v=fPOKec2EYeQ

[2] Id.

[3] David Weil, Preparing for the Future of work through understanding the present of work: A fissured workplace perspective (October 23, 2019), p. 2

[4] Id.

[5] Id. at p. 6

[6] Id. at p. 10