HR Policy Association staff engaged in a comprehensive discussion regarding upcoming workplace-related legislation and regulations and examined their potential implications on employers.
What was discussed: This webinar explored current factors shaping federal agencies and Congress, featuring in-depth discussions on pending workplace-related regulations, insights into emerging trends, and challenges in influencing workplace public policy.
“Whole-of-Government” continues: HRPA staff emphasized the Biden Administration's commitment to maintaining the "Whole-of-Government" approach in shaping labor and employment policy. Amidst apparent congressional gridlock, the labor and employment agenda is poised to forge ahead via regulators. Anticipate an influx of proposed and final rules throughout the year coming from the FTC, SEC, DOL, and NLRB.
Key Takeaways:
- Artificial intelligence will continue to garner much attention as agencies carry out the Biden administration’s Executive Order on AI. Congress will remain active, especially in the Senate, but proposals are in the early stages.
- Health care transparency remains a focus with House passage of the Lower Costs, More Transparency Act (H.R. 5278). We expect the Senate will consider this legislation, which expands pharmacy benefit manager and hospital transparency, early this year. Additionally, the final Mental Health Parity Rule is anticipated to be released by July 2024.
- Non-compete agreements will remain top of mind as the Federal Trade Commission’s proposed near total ban is expected to be released in April 2024. Expect state action to continue as New York Governor, Kathy Hochul (D), vetoed legislation that would ban non-compete agreements, stating she supported a $250,000 salary threshold.
- The Securities and Exchange Commission is poised to have a big year as the proposed rule on Human Capital Management is expected this spring, and the proposed rule of Corporate Board Diversity is expected in October 2024.
- Labor and employment is a hot topic as recent NLRB decisions begin to make an impact in 2024. Additionally, The Department of Labor (DOL) released its Final Independent Contractor Rule on Wednesday, and we expect DOL to release the Final Overtime Rule this spring. Lastly, be on the lookout for the Occupational Safety and Health Administration to issue the Final Walkaround Rule, also this spring.
In case you missed it: Here is a link to the webinar presentation.
