Workplace Changes Coming With Boost in Labor Protections

The Obama administration is cranking out a slew of regulations affecting businesses. Most of the changes will boost labor protections against workplace hazards, discrimination, unfair pay policies and in other personnel disputes. Among the changes:

Safety checks. Much tougher enforcement from the Occupational Safety and Health Administration is in the works. The agency will launch a big new push on ergonomics, perhaps making another run at producing a specific rule on repetitive-motion injuries. But legislation to give OSHA beefed-up powers, including bigger fines for violations and providing wider protection to whistleblowers, won't pass anytime soon.

Wages. Expect quicker and more thorough follow-up of worker complaints. The Labor Department's Wage and Hour Division is putting 250 more investigators on the job to probe pay disputes and try to resolve problems. Plus there will be more enforcement of rules against unfair practices.

Discrimination. A broader definition of disability will expand protection under the Americans with Disabilities Act to more individuals. Business groups are up in arms about the proposed rule by the Equal Employment Opportunity Commission, saying the agency exceeded its authority by including in the proposed rule a list of impairments that will consistently meet the definition of disability. Another EEOC rule will impose restrictions on health-risk assessments (HRAs), a key component of employers' wellness programs. The rule implements a 2008 law banning the use of genetic information in decisions on employment. Its broad definition of "genetic information" includes family medical history, and employers may not provide any rewards or penalties tied to an HRA that asks for family medical history.

Union rights. A pro-labor stance by the National Labor Relations Board is certain as soon as Congress confirms President Obama's appointees, giving Democrats a majority. Look for reversals of key decisions made by Bush appointees on the use of e-mail by workers for union organizing and the representation of nonunion workers at disciplinary meetings. The new board also is likely to narrow the definition of a supervisor, which will make more workers eligible to join a union.

Employer groups are not opposing a bill to ban employer discrimination based on sexual orientation, and it is a good bet for passage. The legislation won't apply to businesses with fewer than 15 workers, the military or religious organizations.