By: Eva Zelson
On: July 31, 2024
What Employment Law Trends have Emerged Recently?
To many observers, there are six key trends in employment law that have emerged recently:
Employment lawyers and employees alike should stay informed about the following emerging employment law trends.
- Use of AI in Hiring: AI is being used in hiring and other employment decisions to try to make the process more efficient. However, experts believe AI hiring biases will lead to increased instances of litigation.
- Pay Issues: Employers face increasing pressure to stay informed about pay transparency regulations as these laws gain traction across various jurisdictions.
- Employee Classifications: The rise of freelance workers in the current gig economy presents legal challenges for employers.
- Data Management and Privacy: The evolving landscape of data privacy, characterized by a growing belief in individual data ownership, will likely lead to increased regulation of employer data. Several states have already enacted data privacy laws, including Colorado, Connecticut and Utah.
- Disability Accommodations: In 2023, the EEOC filed 48 disability ADA lawsuits on behalf of employees, almost doubling the cases from the previous year (27). Experts believe this trend will continue.
- Family Leave Laws: States are passing more and more family and medical leave laws. As a result, employers must comply with all applicable federal, state and local laws.
The Bostock Decision and How has it Been Interpreted
The Bostock v. Clayton County decision was a Supreme Court Case in 2020 in which the plaintiff (Gerald Bostock) was terminated from employment at his place of work after he discussed the possibility of a gay softball league at his work. In a 6-3 ruling, the Court decided that discrimination based on sexual orientation or gender identity is still discrimination and ruled that Title VII laws should still apply. Since that ruling, the Bostock case has been applied to a variety of employment law cases involving discrimination, mostly based on sexual orientation and gender identity. Bostock has also been applied to instances of gender stereotyping or misgendering, and that any instances of discrimination that are clearly based on those factors are in violation of Title VII protections.
What is New in How the Courts Have Addressed Employee Accommodations?
The biggest employment law concerning accommodations is that courts are finding that employers must treat pregnant employees in the same manner that they are required to accommodate employees with disabilities. We are seeing a shift in courts to grant protections for women who have difficult pregnancies or other medical issues during their pregnancies. Courts are also beginning to explore the applicability of religious accommodations as well. For example, the 7th Circuit Court rejected an argument by the EEOC that a manager for a Walmart could reasonably ask for Friday nights and Saturdays off to accommodate his religious preferences because it would have had a high burden on the store’s ability to function.
Employment Law Trends relating to National Labor Relations Board Cases
There has been a recent spotlight on labor issues ignited by the Hollywood strike in 2023, which has sparked a renewed interest in unionization. Consequently, the NLRB has seen an uptick in unfair labor practice complaints. Experts believe this increase is at least partly due to a broader understanding that workers, regardless of union affiliation, can utilize the NLRB to address workplace grievances. The NLRB’s efforts to disseminate this information have been instrumental in driving this trend.
Employment Law Trends relating to Non-Compete Agreements
In April 2024, the Federal Trade Commission (FTC) issued a comprehensive ban on non-compete agreements. This rule prohibits employers from using non-compete clauses with all employees, regardless of position or salary, with very limited exceptions. However, the ultimate fate of this ban remains uncertain due to legal challenges questioning the FTC’s authority to enact such a ban. As always, if an employer asks you to sign a non-compete agreement as a condition of employment, it is advisable to ask an employment lawyer to review it before signing it.
Employment Law Trends to Watch
Without a doubt, we should keep an eye on the trends already mentioned, as they are sure to develop further, and others will emerge. Zeff Law Firm makes it a point to stay well informed of all employment law trends, from Civil Rights to discrimination, to wrongful termination of any kind. If you have any questions contact the employment law attorneys at the Zeff Law Firm to discuss your case.