Are you looking into emerging employment law trends?

The pandemic has made many business owners realize they do not know much about current employment law issues. Many employers have experienced an uptick in complaints and litigation.

In this article, we’ll identify emerging employment law trends that employers should be aware of. 

Wage and Hour Claims

Telework forced many companies to set aside the traditional ways they track employees in the workplace, which made them vulnerable to employee claims that employers did not provide correct breaks or overtime for remote work.

Even though your workforce has shifted to working remotely, your company is still required to follow , such as those that involve pay, breaks, and meals. 

To minimize these claims, employers should make sure employees are properly compensated for all hours worked, or else they are in a with their employees.

Similarly, if an employer cannot afford to pay employees, they should lay employees off or seek out loans or grants for funding. 

Employers must minimize minimum wage violations by complying with all laws that require companies to reimburse employees for expenses incurred in a new working-from-home situation.

Employers are advised to set clear expectations with employees and conduct regular check-ins to maintain clear communication. 

Complaints Involving Leave

As the events of the pandemic unfolded last year, Congress passed a law that imposed a federal paid sick time mandate. Small businesses with fewer than 500 employees were required to provide them with a set period of compensated time off for reasons linked to COVID-19. 

Many employers failed to comply with their obligations and denied the requested leave, threatening to . Not only that, but employers miscalculated pay and requested the wrong documents. 

Employers should continue to take steps to understand what their obligations are under federal and state law while providing paid leave when appropriate. 

Emerging Employment Law Trends

In the past, many people only considered workplace safety for dangerous jobs such as warehouses and construction. However, the CDC and OSHA have both released guidance for employers and safety recommendations for certain industries. 

Essential employers saw an increase in the number of complaints to OSHA about COVID-19-related workplace safety. Workers additionally got caught up in workplace safety laws to ensure their employers follow all of the rules and regulations.

In many cases, OSHA uses a rapid response investigation that doesn’t include a visit to the location. Under their recordkeeping requirements, COVID-19 is considered a recordable illness, and a company can face risks for failure to comply. 

Employers must continue to focus on this guidance even after COVID has ended so they can ensure the safety of their workers and protect the business from liability. 

Workplace Discrimination

As employers continued to force employees back to the office during the pandemic, they found their employees were reluctant to return, especially those with preexisting conditions and were considered high-risk. 

Employers who tried to force these individuals to come back to the office may have found lawsuits brought to them under the Americans with Disabilities Act, which required employees to report any employer that denied a request for reasonable accommodation that allows an individual to do their job safely. 

While most Americans are currently vaccinated and can be asked to return to the office, employers must continue to follow any rules imposed by the ADA so they can avoid discrimination lawsuits.

Harassment 

The pandemic pushed individuals to their limits. While many political views were aired out in the open, others viewed this as a time to discriminate against and harass their employees, coworkers, and more.

Harassment in the workplace leaves you open to the risk of litigation. Some types of harassment are illegal, such as harassment due to:

• Race 
• Age
• Sex
• Religion
• Nationality
• Disability
• Having taken Family Medical Leave

Employers who were found guilty of harassment due to employees taking family medical leave for a COVID-19-related issue were subjected to lawsuits.

Some types of harassment, such as bullying or having a boss who is mean, are not considered illegal, so your employees cannot sue you for berating them, but they can ruin your reputation, and your behaviour can result in a high turnover rate. 

Emerging Employment Law Trends

Many states took a look at equal pay in 2021. For example, California employers were required to file their first annual 2020 California Pay Data Report by the end of March. 

Similarly, Colorado made some changes to its Equal Pay Act, which included not making compensation decisions based on sex, creating a written job description for each role within the company, and posting open positions complete with job descriptions and salaries before filling the positions.

Also, they must not ask applications to state their previous salaries. 

Equal pay laws have been put in place to force employers to take a closer look at the wage gap and make informed decisions about how much they pay employees based on their sex. 

Minimum Wage Increase

The federal minimum wage increased to $10.95 per hour in 2021 for federal contract workers. This trend is part of a larger plan to increase the federal minimum wage over the next few years so more individuals can make a living to afford housing, food, bills, and more. 

Diversity, Inclusion, and Equity

Diversity, inclusion, and equity will continue to be important topics on the subject of workplace discrimination. In addition to racial and gender diversity, many companies should focus on investing in age-based diversity as well. Companies will need to continue to focus on a successful diversity and inclusion program to help them avoid discrimination claims. 

Final Thoughts on Emerging Employment Law Trends

The legislative and public health measures related to COVID-19 have made employees more aware of their rights. While many workers are vaccinated, they spend their time learning about employment law to the best of their ability due to anger at how their employers handled the situation in the workplace. 

Businesses need to continue to exercise diligence to mitigate the risk of employment claims by reviewing all new and older laws. Make sure you review all local and federal laws, regulations, and agency guidance to assure you are protected. 

If you are interested in emerging employment law trends, check out some of the links on this page to learn more.