How to foster a safe, happy workforce as unionization increases

Workers want to be heard, and their voices have grown louder over the past several years. Although stabilizing in 2023 following the record 50.5 million Americans who quit their jobs in 2022, the “Great Resignation” fueled desires for greater flexibility and fulfillment at work and high confidence about the ability to find new employment. It also created urgency for employers to act on employee demands.

A resurgence in unionization has brought even more benefits to workers. According to the Bureau of Labor Statistics, 191,000 U.S. workers joined unions in the private sector last year, bringing the total to 7.4 million. Prominent union wins, like the outcome of the United Auto Workers Union (UAW) and SAG-AFTRA strike, have snowballed alongside an administration that describes itself as “the most pro-union in American history.”

Essentially, the U.S. labor movement is having “a moment.”

A unionized workforce means employers must be extra aware of their contractual obligations and responsibilities to employees. Should they fail to comply with agreements and relevant labor laws, they face hefty penalties, the force of an entire union, and the broader reputational damage that non-compliance brings.

There’s a mounting array of state and federal legal obligations governing leave entitlements, wage standards, break time, and scheduling requirements that are essential to get right. Following the correct policies and procedures also helps to keep the workforce happy, healthy, and productive. Let’s dig deeper into how you can keep your employees satisfied and maintain compliance with labor laws.

Identifying the right regulations

Not every employment law applies to every employer, as certain regulations apply to some but not all, and other laws only apply to employees who have worked for an organization for a certain amount of time. To ensure compliance, shore up your program by maintaining a complete understanding of which federal, state, and local laws you must abide by. Some laws, for instance, require posters at the workplace that summarize the law for employees, while others will have implications for operations and employee rights.

Simply learning about the employment laws that apply to your organization is not enough. To ensure full compliance, every business, large or small, must create a continuous compliance plan to stay on top of federal, state, and local law changes. This is not an easy task since new and amended employment laws are constantly being passed. For instance, new laws enacted in 2023 that employers may need to heed include the California Reproductive Loss Leave, the Illinois Paid Leave for All Workers Act, the Pregnant Workers Fairness Act, new guidance on the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act.

Conducting practical training and recordkeeping

It is also crucial to ensure all impacted management team members are knowledgeable about the employment laws and policies applicable to your employees. While senior leadership and HR teams need to know what should be happening, it is equally essential to ensure that front-line managers are informed and empowered to enact those standards.

Ongoing training and clearly written policies are crucial to safeguarding compliance. These should be developed in collaboration with operational leaders to ensure compliance requirements are both well understood and operationalized by schedulers and front-line managers. Digitizing these policies to enable rapid updates as well as instant access by managers can help to ensure adoption.

Moreover, proper recordkeeping is vital, as federal, state, and local laws may contain a provision requiring relevant records to be maintained for a certain amount of time. For example, FMLA requires employers to keep certain FMLA-related leave records for no less than three years.

If a lawsuit or agency charge arises, proper recordkeeping protects your company and its employees. Conduct routine internal audits for relevant federal, state, and local employment laws to further strengthen compliance efforts. These audits help identify areas to strengthen compliance activities and create a detailed, documented paper trail to help establish compliance if the company is ever involved in an agency investigation or lawsuit.

Utilizing technology

Given the multitude of employment laws to contend with and the constant regulatory changes to track, manual workforce administration can be time-consuming and error-prone. Each organization has unique compliance requirements beyond basic regulations, including industry standards, corporate policies, health and safety rules, security matters, and union and collective bargaining agreements.

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Leveraging technology can help you keep it all straight. The right tools and systems can streamline compliance processes, reduce the risk of errors, and ensure that you remain current with the latest legal requirements. Today’s leading platforms can balance everything from compliance requirements to unique union rules and internal policies. This reduces the burden on the shoulders of managers, who are freed up to focus on creating and maintaining a positive environment for employees.

While the prospect of a unionized workforce may seem daunting to some companies, fearing potential conflicts and compliance challenges, it doesn’t have to be a burden. By embracing the principles of transparency, open communication, and fair labor practices, businesses can foster a collaborative and mutually beneficial relationship with their employees and their unions.

The key lies in recognizing that the goals of the company and its workers are not inherently at odds but rather intertwined. When employers invest in the tools, training, and technology necessary to ensure compliance with labor laws and to promote a positive work environment, they lay the foundation for a more stable, productive, and successful organization.

Sandra Moran, Chief Marketing Officer at WorkForce Software