Workplace law 2020: what has—and will—affect your workplace

Every employer was affected by several decisions made, regulations and orders issued, or laws passed by the three branches of the federal government in 2019. In what follows, we will review the most significant of those actions and look at anticipated actions in 2020. As eventful as 2019 was, 2020—even without an election—promises to be more so.

Joint employers

A joint-employer interpretation was issued from the U.S. Department of Labor (DOL) and, as expected, was based on the traditional and narrow strictures of direct control of the day-to-day terms and conditions of employment. Such a position will give substantial liability protection to franchisors and employers of contracted workers on a variety of work-based claims. (For more on the DOL's interpretation, see "DOL issues joint-employer rule: Employer liability narrowed" on page 2.) We anticipate both the NLRB and the EEOC to issue complementary positions, with the DOL regulations reflecting prior rulings of the Board and memoranda from the General Counsel (on "gig" employees, for example).

But the issue will not end there—then the litigation will begin. It is foolhardy to predict the outcome of any legal challenge; nonetheless, it appears the NLRB has been careful to observe the regulatory norms and, by adopting an interpretation that had been accepted for decades, further strengthened its position before the courts.

From the DOL