Following the recent elections in the United States, uncertainty regarding modifications to reforms and laws that will be changed due to the change of government has caused constant concern among citizens, Latino workers, and undocumented immigrants.The regulation of workers, increase in minimum wage, and expansion of benefits granted by social security are just some of the points that have been modified as of this year or that await modifications for the benefit of citizens regarding the Labor Law, all in the search to avoid injustices, mistreatment, or labor discrimination.
In the event of suffering any type of cases like these, it is important to consult with a labor attorney who can guide you to know if you have a case and how you should take legal action in this regard. At Conexión Legal we can assist you with professionals in this matter to support you free of charge and transparently.
The Fair Labor Standards Act (FLSA) and the Department of Labor
This law is responsible for establishing rules for minimum wage, employment of minors, the payment of overtime and during pregnancy, which apply to both full-time workers and part-time workers, while the Department of Labor is responsible for administering federal employment laws such as the minimum wage law.
The Department promotes the well-being of unemployed persons, workers, and retired persons. It helps improve working conditions and promotes better employment opportunities through training programs and employment assistance.
One of the priority changes regarding the Labor Law is its program to increase the national minimum wage from $7.25 to $15 dollars per hour by 2026 and expand social security benefits for those over 78 years old, low-income persons, and those who have been widowed.
Recently, on August 21, 2020, a rule was presented that annuls the regulatory clause establishing that the Citizenship and Immigration Service (USCIS) has 30 days from the date an asylum applicant submits Form I-765 to grant or deny a work permit.
This facilitates any migrant to be able to recognize themselves as a legal worker and thus be able to obtain social security with which they can have access to quality medical care and many other benefits.
In addition to all of this, one of the main commitments of elected president Joe Biden, and one of the most expected by citizens affected by the COVID-19 pandemic which has affected mainly small businesses and Latino workers, has been economic assistance for those who have suddenly lost their employment.However, this type of financial aid and extension of unemployment insurance due to coronavirus must be negotiated with Congress, which has not even been accounted for with the previous government.
During his campaign, Biden presented an economic plan called "Build Back Better" in which 700 billion dollars will be allocated to boost American manufacturing by encouraging the purchase of domestic products among its citizens, which according to forecasts will generate more than five million jobs in those sectors.
In addition to seeking, through fiscal policy, to generate the necessary stimulus to drive technological innovation, reduce the dependence on other countries such as China, achieving a "rebuilding of the middle class" with tax policies that promote the economy of small and medium-sized businesses.
It is important to mention that regardless of the changes that the Labor Law has planned for this new government, protection reforms for Latino workers continue and must be respected by any employer.
In the event that you suffer any type of unjustified dismissal or workplace harassment, you have the right to consult with a labor attorney who can guide you free of charge and subsequently take your case and assist you legally, such as the professionals who collaborate at Conexión Legal. Contact us through WhatsApp or Schedule your Consultation to learn about the alternatives for your case.Follow the steps of the following form to schedule your free consultation appointment.
