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

Hot Topics in Labor & Employment Law Slides

Pdf Summary

The 2023 Employment Law Hot Topics presentation by Erin L. Malone of Phelps Dunbar LLP covers key federal developments affecting employers and employees. The EEOC’s 2023-2027 Strategic Enforcement Plan prioritizes protecting vulnerable workers (including those with disabilities, LGBTQI individuals, and older or low-wage workers), eliminating discriminatory recruiting and hiring barriers—especially those involving AI and automated systems—and combating pay discrimination. Post-pandemic EEOC guidance emphasizes continuation of reasonable accommodations provided during COVID-19, addressing long-COVID under the ADA, and prohibiting discrimination linked to pandemic-related traits or precautions.<br /><br />The rise of work-from-home arrangements is noted in both ADA and FMLA contexts, with remote work increasingly accepted as a reasonable accommodation under ADA and clarifications on FMLA eligibility tied to the employee’s official worksite rather than home. The Department of Labor (DOL) has issued guidance on mental health accommodations and introduced a Mental Health at Work resource hub.<br /><br />New laws impacting pregnant and nursing workers include the Pregnant Workers Fairness Act (effective June 27, 2023), requiring reasonable accommodations for pregnancy-related conditions, and the PUMP Act (effective April 28, 2023), which strengthens protections for nursing mothers, including pay for time spent expressing breast milk.<br /><br />The U.S. Supreme Court’s June 2023 Groff v. DeJoy ruling raised the standard employers must meet to deny religious accommodations under Title VII, requiring demonstration of substantial increased costs rather than minimal or “de minimis” expense.<br /><br />Looking ahead, the DOL proposed raising the salary threshold for exempt employees from $35,568 to $55,068 annually, potentially impacting overtime eligibility. The FTC is moving to largely ban non-compete agreements with a final rule expected in 2024. Additionally, the NLRB’s McLaren Macomb decision restricts overly broad non-disparagement and confidentiality clauses in severance agreements, protecting employee rights to discuss workplace issues and engage with unions or legal forums.<br /><br />Overall, these developments reflect a heightened enforcement focus on equity, reasonable accommodations, transparency, and employee protections in the evolving workplace landscape.

Keywords

Employment Law 2023

EEOC Strategic Enforcement Plan

Reasonable Accommodations ADA

Work-from-Home ADA FMLA

Pregnant Workers Fairness Act

PUMP Act Nursing Mothers

Groff v. DeJoy Title VII

DOL Salary Threshold Proposal

FTC Non-Compete Ban

NLRB Severance Agreement Rulings