The American labor laws that people enforce today were written almost a century ago. But today, we can revise the rules and can make sure that the work policies we are implementing are suitable for the current workforce. Every state is taking measures for that and they have been offering paid leaves, sick leaves and other kinds of benefits as well. But is it right what they are doing? And how can it be improved? Right now, paid leaves law is implemented in six American states and Washington D.C. Sick day leaves have also been added to the law of eleven different states. These laws also include part-time self-employed and seasonal workers as well. Let’s have a look at in what ways the lawmakers can establish policies that will respond to the needs of the workforce of this generation.
All Employees Should Be Covered
When it comes to defining which employees will be covered, policymakers need to make sure that their definition of working employee is not vague and covers all kinds of employees. We can take a simple example of the minimum wage laws. In some states, the minimum wage law does not include workers like farmworkers, domestic workers, etc. There is no valid reason why they should not be included. Some of the states do not include them because their definition is vague, while others have clearly left them out by wording. To improve that, policymakers need to make sure that they include them in the laws with very clear language. A very fine example is in front of our eyes in the shape of paid leaves and earned sick days, which are very broad, and everything is stated clearly in them. Private organizations can also take this as an example to improve workplace laws in their place as well. The standard and basic workforce must not be ignored and should be included in the laws with clear wording. A lot of policies are designed keeping in mind the size of the industry and the sector. This practice should also be avoided because every worker has a right to get basic facilities so they can take care of themselves and their families. This can also be improved by expanding the funding for sick leaves and paid leaves. The more people contribute the safer the fund will be.
Self-Employed People Must Not Be Ignored
Paid leaves and earned sick days may work for employees associated with a certain company, but they do not include the independent workers that get hired by the contractors. Policymakers need to find another way to ensure that self-employed people are also getting benefits from the law. This can be improved by focusing on social insurance programs instead of workplace policies only. The Family Act law in New York is an example as it was constructed of social security and automatically includes self-employed workers. When policymakers move towards universal coverage, it becomes more beneficial. They just need to provide a stable structure that will be fair of the self-employed class as well. With the Family Act, both the employer and employee have to contribute. But when you are self-employed, it means you are paying both things. It will be extremely difficult and will be a huge burden on the self-employed person. This can be made better by leaving the option for the self-employed person. It is better to encourage them to contribute voluntarily instead of providing them automatic coverage. In Washington, self-employed people are only asked to contribute the employee part only, which is an option that all policymakers should consider. This needs to be done because the part of the self-employed contribution will go to the state as well, and it will not be fair. Earned sick days laws also do not include contractors and self-employed people. A great solution for this could be providing a fund in which the self-employed people will pay, and the contractor will have access to it whenever it is needed.
Must Pay Attention to Eligibility Requirements and Waiting Time
Policy-makers need to make sure that the eligibility criteria are defined after keeping the people in mind who are working in non-standard arrangements. This is to make sure that they are exercising their rights and are getting benefits as well. There could be several reasons why one is not considered eligible. These may include temporary employees, part-time workers, and seasonal workers, who are often not considered because the laws are not written in their favor. When it comes to medical leave or family leave, a person must meet the minimum wage requirement or must be working for a certain period of time in the company. Lawmakers can make it easy for the workers by reducing the minimum wage requirement. In the state of California, an employee must earn $300 per month to meet the requirement. This requirement is very easy to meet as the minimum wage amount is not high. For Sick day leave most states have made it mandatory for the employer to provide it from the day an employee has joined, but in some states and companies, you still have to spend 60 to 90 days to become eligible for the sick leave. For people who are not working often are moving from one place to another because of their job nature are often hurt by this law. So the lawyers need to be flexible and they must make sure that no matter what the job nature of the employer is, he or she is not getting the benefits.
Ensuring Job Protection
The laws and policies must also make sure that the workers can practice their rights without being stopped by the employer. It is important for workers to feel safe and confident whenever they take their leaves. They must never be scared or think that taking it can hurt them. Working people can also take legal action if they have to face unfair consequences after taking their rightful leaves. A lot of people report that they get salary cuts, demerit points, or hour’s reduction for exercising their right to avail paid leaves. If a company is doing wrong, its employee has the full right to lodge a legal complaint against it. They can also hire a Los Angeles Workers Comp Lawyer and can build a strong case against the company. Non-standard employees must also be included in the protection act as they have been neglected for so long now.
Educating the Workforce About Their Rights
Making the laws is one thing, but the lawmakers also need to make sure that the laws that are being implemented are brought to the attention of the workforce as well. A worker has to deal with a lot on a daily basis and it is a high chance that they would not even be aware of their rights. That is why policymakers need to invest in awareness as well. They need to educate the working class about employment laws. Also, significant investment is needed in it, because certain kinds of employees cannot be reached. Especially self-employed people; they are hard to reach as they do not have direct contact with any human resources and have more than one source of income. Once they have been educated, the work is still not done. When they have known about the law, they will also need to know about the process and how they can get certain things done. So, they must be educated about the application procedure as well. They must also reach out to the people who are working in partnerships and their employer identifies as a partner.
Joint Employment Issues Must Not Be Ignored
Policymakers also need to take joint-employment and its issues into account. There are a lot of non-standard employees who are working for more than one employer on the same project. For example, an independent associate lawyer could be assigned to a client of a law firm by the firm itself, and in that case, it would be confusing for the lawyer to determine where to exercise the rights. In that case, the employer needs to make it clear in the first place. And if that is not the case, policymakers must define it clearly that who the employer is.
Part-Time Workers Rights
Part-time workers are often neglected when it comes to the leaves. Policymakers must focus on their rights as well. Most of the laws state that part-time workers who work for a specific number of hours in a week are the only ones eligible for the leaves. In some states, a part-time worker only earns 1 hour of sick leave for every 30 hours he or she works. The actual amount of hours varies from state to state. The goal is to make sure that part-time workers are getting the same benefits as full-time workers. So deciding the leaves on the number of hours is a great way to determine that. This model can also be used for other kinds of workers as well who are not working full-time.