MEAT+POULTRY - November 2024 - 78

LABOR
Election expectations
In late October the presidential
election polls indicated the race was
a virtual tie. The truism " elections
have consequences " is certainly the
case where workplace regulations and
enforcement are concerned.
For the almost four years of
Democratic control, we have seen
mostly pro-employee and pro-union
shifts in the workplace. Early in
his administration President Biden
promised the most pro-union
administration in history and
aggressive enforcement of workplace
regulations. While there was slight
uptick in enforcement, it never quite
reached the promised levels. The
union-dominated National Labor
Relations Board (NLRB) did its best
to favor unions, it did not score
any decisive victories. What could
four more years of Democratic
control mean?
First, it would likely mean at least
somewhat aggressive workplace
enforcement that was initially
promised. For example, the number
of Occupational and Safety Health
Administration (OSHA) workplace
inspectors has doubled, providing
the capacity for increased workplace
safety enforcement. A Democratic
Congress would likely once again
attempt to pass the pro-union PRO Act.
Paid family leave could be another
potential change. A currently proposed
bill would be much like the Family
and Medical Leave Act (FMLA) that
provides up to 12 weeks of unpaid
leave for an employee's serious illness
or that of an immediate family member
- but with some level of guaranteed
compensation during such leave. Given
Republicans' support for some form
of paid family leave, passage of such
legislation is possible, in some form.
There is likewise bipartisan
agreement that the $7.25 federal
minimum wage is overdue for an
increase. Democrats have favored
an increase in the minimum wage to
$15, while Republicans have variously
supported $10 to $12. Another
Democratic administration would also
ensure continued union domination of
the NLRB.
OPPOSITE AISLE
A Republican victory would not
guarantee employers will not be
subjected to substantial enforcement
activity. Even if Republican heads of
the NLRB and DOL might favor more
targeted enforcement, enforcement
actions are largely controlled by career
bureaucrats in field offices.
Broad agency policy may be
dictated by political appointees
in Washington, but day-to-day
enforcement is the domain of regional
and district personnel, which would
likely continue apace. Most employers
settle claims because appeals are
expensive and rarely successful.
While OSHA and especially the
DOL's wage and hour unit remained
fairly dormant, the NLRB demonstrated
a more active approach, keeping with
President Biden's pledge to support
unions. While the NLRB would become
decidedly more pro-employer once
Republican nominees are seated, as
noted NLRB field agents regularly find
a way to rule in favor of unions. Thus,
workplace matters arising under the
NLRB's jurisdiction will continue to be
problematic for employers.
One significant regulatory change
that will occur irrespective of who
wins in November is an increase of the
minimum threshold salary for overtime
exemption, scheduled to take effect
Jan. 1, 2025. However, since most
employers have been increasing pay to
keep up with inflation and attract and
retain employees, the impact of this
salary threshold increase will not prove
significantly disruptive for many.
While it is a fool's errand to predict
specific scenarios that will or won't
play out during the next four years,
we can be confident that another four
years with Democrats at the helm will
embolden a pro-union NLRB, increase,
at least somewhat, safety and wage and
hour enforcement, and maybe even
usher in paid leave nationwide.
RICHARD D. ALANIZ | meatpoult r y@sos land.com
Broad agency policy may be dictated by
political appointees in Washington, but
day-to-day enforcement is the domain of
regional and district personnel, which
would likely continue apace.
78 MEAT+POULTRY | 11.24 | www.meatpoultry.com
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http://www.meatpoultry.com
MEAT+POULTRY - November 2024

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