The complexities of US Labor Law – an evolving landscape. Thought leaders share their views on the HR profession and its direction for the future

Date13 November 2017
Published date13 November 2017
DOIhttps://doi.org/10.1108/SHR-08-2017-0054
Pages285-287
AuthorAshley Kaplan
Subject MatterHR & organizational behaviour,Employee behaviour
The complexities of US Labor Law – an
evolving landscape
Thought leaders share their views on the HR profession and its
direction for the future
Ashley Kaplan
Ashley Kaplan is based at
ComplyRight, Pompano Beach,
Florida, USA
The labor law posting
requirements provide one of
the more “visible” indicators
of the USA Labor Law regulatory
landscape, and recent changes
indicate a significant shift in which
governmental bodies are exercising
their authority.
Historically, most regulation has
been from the federal level, but
recently, cities and states are
increasingly enacting their own
minimum wages and sick leave
laws. Further, a jurisdictional battle
has begun to brew as cities override
federal and state minimum wages,
while some states simultaneously
preempt cities from enacting their
own labor law ordinances.
From 2013 through the midpoint of
2017, there have been 376
employment law changes that
prompted edits or new additions to
the labor law posters that US
businesses are mandated to
display; 120 of those came in 2016
alone, and only 3 were at the federal
level.
In an early 2017 survey of 230
businesses, ComplyRight asked if
managing labor law posting
compliance had increased in
complexity over the past few years –
90 per cent said yes. As the US
Federal Administration pushes to
ease business regulations under
President Donald J. Trump, city and
state governments will likely
continue to take regulatory issues
into their own hands, further
complicating the business
environment as employers juggle
with multiple conflicting authorities
(Table I).
USA Labor Law posting
compliance today
Up to 21 postings are required
for federal/state compliance.
Up to 9 additional postings are
required by city/county laws.
Additional postings are required
for government contractors and
certain industries.
170 plus postings are required
by different federal/state
agencies
In total, 22,000 local US
jurisdictions have regulatory
authority.
The Federal Government posting
fines were recently increased to
$33,000per location;
non-compliance can also
increase liability in civil lawsuits.
Strategic commentary
DOI 10.1108/SHR-08-2017-0054 VOL. 16 NO. 6 2017, pp. 285-287, © Emerald Publishing Limited, ISSN 1475-4398 STRATEGIC HR REVIEW PAGE 285

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