Uncertainty Returns To The Employment Landscape In 2019

The midterm elections that took place in November 2018 have the employer community wondering what to expect in 2019. This article will examine how those elections might impact labor and employment policymaking in 2019.

U.S. House of Representatives

The most significant change resulting from November's elections is that Democrats are now in control of the House of Representatives for the first time in nearly a decade. Democratic leadership has already named Representative Bobby Scott (D-VA) to be chair of the House Committee on Education and Labor (formerly known as the House Committee on Education and the Workforce). Here are just three of a myriad of issues that Scott and the committee will address.

Sexual Harassment

The #MeToo movement has focused the nation's attention on sexual harassment in the workplace. But because sexual harassment is already unlawful under Title VII of the Civil Rights Act of 1964, House Democrats will surely offer other vehicles to address this problem. Bills that were introduced in the 115th Congress to ban (or at least limit the scope of) arbitration agreements and nondisclosure agreements will undoubtedly be reintroduced in 2019.

Paid Leave

Republicans can no longer simply say no to paid leave policy proposals. These days, the questions are "What kind of leave?" and "Who pays for it?" President Trump made paid leave a campaign promise and included a proposal in his 2017 budget. The Tax Cuts and Jobs Act of 2017 provides some incentives for employers that offer paid leave, and other proposals, such as the Workflex in the 21st Century Act and the Family and Medical Insurance Leave (FAMILY) Act, have also been introduced. While significant debate over these various proposals is likely to occur in 2019, it is doubtful that there will be much compromise.

Minimum Wage

Raising the federal minimum wage will assuredly be part of the Democrats' policy agenda. In fact, committee Democrats have already criticized Republicans for not holding a hearing on the minimum wage during the eight years they held the majority.

U.S. Senate

The Senate remains firmly under Republican control in 2019. With the Democrats maintaining their ability to filibuster unwanted legislation, as well as their newfound control of the House, it is unlikely that major employment legislation will make it through the Senate, despite the Republican majority. In fact, employment legislation that might be passed by the House, such as an increase in the...