“Workplace Now” is a new quarterly report concerning the rapid changes occurring in today’s workplaces. We will identify key areas that General Counsel, HR Professionals, Corporate Risk Managers and Insurance Professionals should consider in evaluating workplace concerns.
This four part series will examine future issues that we predict will become major areas of discussion in the years to come. Our first discussion will cover the expansion of local and state workforce laws and how employers, particularly those with national workforces, have quite literally been overtaken by these dynamic changes at the local level.
The second report will identify the expected “fallout” from artificial intelligence (“AI”), and how it will impact: corporate workforce adjustments, the evolution and selection of candidates based on an AI model, and discuss discrimination issues attendant to AI selection models.
The third installment will review the First Amendment and privacy rights of employees and discuss whether there are limits on when employers can take action with respect to employees who engage in legal behavior that employers deem “inappropriate” when there is no direct connection to the workplace per se. This area is particularly relevant given the fact that employees’ lives are often an open book on social media, and ever-evolving technological tools will enable employers to conduct “deep” background checks.
The last installment for 2018 will examine the “new” protected classes in America, particularly American citizens, and H1B class litigation.
We will attempt to examine what variables will likely shape workforces in the future, and what role government will play in such changes. As discussed below, one such change is the abdication of federal agencies in moving employment law forward due to Congressional gridlock, and the fact that the vacuum created by this gridlock is rapidly being filled by state and local legislation.