Hot Topics in Labor & Employment Law-Hot Topics in Labor & Employment Law Recording

Video Transcription

Video Summary

In a comprehensive presentation on labor and employment law updates for 2023, Erin Malone detailed key federal government agency activities and legal developments impacting employers. The EEOC’s draft Strategic Enforcement Plan (SEP) for 2023-2027 outlines priority areas including harassment, retaliation, discriminatory recruitment, pay disparities, and technology-related discrimination—particularly involving AI in hiring. The EEOC is especially focused on vulnerable workers and calls for scrutiny of industries like construction. Guidance on post-pandemic accommodations affirms ongoing protections for long COVID and disability-related needs, including the expansion of reasonable accommodations such as remote work under the ADA. The DOL's updates cover FMLA eligibility for remote workers, new mental health workplace guidance, and the PUMP Act enhancing nursing mothers' rights. The presentation also highlighted the Pregnant Workers Fairness Act, which requires reasonable accommodations for pregnancy-related conditions beyond ADA protections. Key court rulings include the Supreme Court’s rejection of the de minimis cost standard for religious accommodation denials, raising employer burdens significantly. Pending regulatory changes include the DOL’s proposed substantial increase in the salary threshold for exempt employee status and an FTC proposal aiming to restrict non-compete agreements. The NLRB’s new stance challenges overly broad confidentiality and non-disparagement clauses in severance agreements. Employers are advised to monitor evolving state laws and federal agency enforcement to navigate this dynamic legal landscape.

Keywords

EEOC Strategic Enforcement Plan

harassment

retaliation

discriminatory recruitment

pay disparities

AI hiring discrimination

post-pandemic accommodations

Pregnant Workers Fairness Act

NLRB confidentiality clauses