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NOV./DEC. 2020 WWW.HEALTHCARENEWS.COM 23
HEALTHCARE LAW
An Employment-law Forecast
Biden Administration Will Create a More Employee-friendly Landscape
By ANDREW J. ADAMS, Esq.
On the heels of a fiercely contested election, President-elect Joe Biden has started his transition work, and has laid out plans that have the potential to affect business owners nationwide.
As expected, many these changes lean
in favor of the employee as opposed to the employer. However, some plans should assist small businesses. While it’s difficult to predict the future, we can make some solid projec- tions about what employers can expect from the Biden administration.
Workplace Safety and OSHA
The most immediate effect upon employers is likely to be a push by the Biden administra-
“The most immediate effect upon employers is likely to be a push by the Biden administration to enact emergency standards requiring employers to develop workplace- safety plans in reaction to the
COVID-19 pandemic.”
tion to enact emergency standards requiring employers to develop workplace-safety plans in reaction to the COVID-19 pandemic. Under the current administration, the Occupational Safety and Health Administration (OSHA) performed the lowest number of inspections in the history of the agency and reduced the number of inspectors on staff to the lowest level in the past 40 years.
will likely face harsher penalties for non-com- pliance and more substantial fines than they have over the past four years.
Employers are also likely to encounter
the return of the Obama administration’s workplace-safety reporting rule. This would require certain employers to report illness and injury information to OSHA, which will then be maintained online as publicly available information.
Wage-and-hour Law
President-elect Biden’s campaign has stated he will seek to address wage inequalities between black and white workers, make it easier for workers to pursue claims of dis- crimination, and push for a higher minimum
wage. The admin- istration would increase the fund- ing allotted to the Equal Employ- ment Opportu- nity Commission, the federal agency tasked with en- forcing employ- ment-discrimina- tion laws.
In what is likely to be an immedi-
ate change, Biden is expected to rescind Presi- dent Trump’s executive order banning train- ing for federal agencies and contractors that contained “offensive and anti-American race and sex stereotyping and scapegoating.” The executive order banned training on several topics and recommended keyword searches for terms such as “white privilege,” “systemic racism,” and “unconscious bias” to identify if trainings were inappropriate under the order.
American Women’s College, the school’s online division created to serve adult women students. The program is open to licensed RNs.
“Our BSN program features dedicated, experienced nursing faculty who provide our students with the most relevant, evidence-based information in a supportive environment,” said Josh Hamilton, chief nurse administrator and director of Bay Path’s doctor of nursing prac- tice – family nurse practitioner program. “Our grads can integrate the knowledge and skills
his campaign, Biden called for an increase
to a $15 minimum wage by 2026. Another likely outcome is an increase in enforcement and compliance actions against employers for wage-and-hour violations, alongside en- hanced penalties.
In a follow-up to the first piece of legisla- tion enacted by the Obama-Biden administra- tion (the Lilly Ledbetter Fair Pay Act), Biden will also prioritize ending paycheck discrimi- nation, evidenced by his strong support of the Paycheck Fairness Act, which would amend federal equal-pay laws to require “a bona
fide factor other than sex, such as education, training, or experience” in awarding differ- ent pay to men or women doing the same or similar work; protect workers from retaliation for discussing wages; and ban the use of salary history in the hiring process.
As an aside, Biden also supports federal leg- islation that would provide 12 weeks of paid leave for employees for their own or a family member’s serious health condition.
Small Businesses
Biden plans to restructure the existing Pay- check Protection Program by adding over- sight and an approval guarantee for eligible businesses with 50 or fewer employees. The plan also calls for measures to increase small- business access to capital through an initia- tive called the Small Business Opportunity Fund.
Immigration
The president-elect has proposed a 180-de- gree turn from the current administration’s policies when it comes to immigration. The Biden plan would call for easing legal im- migration into the U.S., including a pathway to citizenship for the large number of im-
Please see Law, page 35
Bay Path Named on List of Top Nursing Schools in Massachusetts
Biden will immediately address these policies, leading to increased inspections
and enforcement, as was the case under the Obama administration. This means employers
Employers can also expect a push at the federal level for a $15 minimum wage; during
LONGMEADOW — Bay Path University was included on a list of top nursing schools in Massachusetts for those seeking to obtain a bachelor’s degree in nursing science. The list, compiled by the website Best Nursing Programs, looked at schools with programs designed for RNs wanting to advance their credentials with a bachelor’s degree. Bay Path was ranked 13th on a list of 25 programs.
Bay Path’s bachelor of science in nursing is a fully online degree administered through the
necessary to attain critical, practice-focused out- comes. Because of that, our Bay Path BSNs are frequently sought as leaders and members of all kinds of highly skilled, professional interdisci- plinary teams.”
A BS in nursing is often required for leader- ship roles within a hospital or medical practice, as well as other administrative positions. The website looked at affordability, accessibility, and a program’s ability to position RNs for ca- reer growth in developing their rankings.