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Since 2020 threw a wrench into many of the expected employment norms, it helps to look forward to a future where employment laws may be affected by the massive cultural shifts that have happened over the last two years. There are a few national employment laws that are worth watching. Here are just a few laws that are on the horizon for next year.

Paid Sick Leave

President Biden has proposed an expanded and comprehensive parental, family, and medical leave overhaul as one component of the American Families Plan. While it may take some time and faces strong opposition, the proposal will not only allow for better family leave, such as for the birth of a child or adoption, it will also provide a guaranteed paid leave for serious illness, including caring for family members.

Expanded OSHA Enforcement

Throughout 2021, the Biden administration has expanded OSHA enforcement over multiple matters. In September, for example, the Department of Labor announced measures to protect workers from heat hazards on the job both indoors and out. OSHA regulations have also been reported throughout the last two years to protect workers on the job from COVID-19. More expansion of safety protocol is expected into 2022.

Return of FLSA Overtime Limits

In 2016, the Obama administration shifted the overtime requirements under FLSA to nearly double what it had been in the past. The new regulation meant that many more workers became qualified for unemployment. However, that was reversed by the Trump administration. There is still speculation whether Biden will roll that back.

Expanded EEOC Reporting

Another repeal of a Trump-era law came in the form of Biden signing a joint resolution to roll back the EEOC rule that would have overhauled the pre-litigation settlement process. While some argued that it would provide more information for employers, there was also a concern that it would split the EEOC’s focus and resources.


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