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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

12/4/2023  /  401k , Acquisitions , Affirmative Action , Artificial Intelligence , Automotive Industry , Bias , California Consumer Privacy Act (CCPA) , Car Dealerships , Chevron Deference , Child Labor , College Admissions , Colleges , Construction Industry , Consumer Privacy Rights , Coronavirus/COVID-19 , Corporate Counsel , Criminal Prosecution , Cybersecurity , Data Deletion , Data Privacy , Data Security , Department of Homeland Security (DHS) , Department of Labor (DOL) , Diversity , E-Verify , Educational Institutions , EEO-1 , Electronic Records , Employee Handbooks , Employer Liability Issues , Employment Eligibility Verification , Employment Litigation , Employment Policies , Equal Employment Opportunity Commission (EEOC) , EU , Exempt-Employees , Fair Labor Standards Act (FLSA) , Federal Contractors , Federal Labor Laws , Federal Trade Commission (FTC) , Foreign Corrupt Practices Act (FCPA) , Foreign Nationals , Foreign Workers , Form I-9 , H-1B , Health Care Providers , Healthcare Facilities , Healthcare Workers , Highly Compensated Employees , Hiring & Firing , Hospitality Industry , Hotels , Human Resources Professionals , International Labor Laws , Joint Employers , Jury Verdicts , L-1 Visas , Labor Reform , Labor Relations , Labor Shortage , Manufacturing Employers , Mergers , Mexico , Name and Likeness , New Legislation , New Rules , NLRB , Non-Compete Agreements , OFCCP , OSHA , Over-Time , Pay Data , Pay Equity Laws , Pay Transparency , Payroll Taxes , Privacy Laws , Professional Employer Organization , Proposed Rules , Recordkeeping Requirements , Recruitment Policies , Remote Working , Reporting Requirements , Restaurant Industry , Restrictive Covenants , Retirement Plan , Salaried Employees , Scheduling Letters , School Districts , School Policies , SCOTUS , SECURE Act , Severance Agreements , Sports , Staffing Agencies , State Labor Laws , State of Emergency , Student Athletes , Student Loans , Students , Tip Credit , Title IX , Trade Secrets , Transgender , Union Organizers , Unions , Universities , USCIS , Wage and Hour , Workplace Safety , Workplace Violence

Pandemic-versary is Upon Us: The 5 Ways Your Workplace is Different Now Than 3 Years Ago

It was March 11, 2020 – three years ago – that a series of earth-shattering events occurred over the course of a few hours that would forever change the nature of the workplace. Most of us remember exactly where we were on...more

Caging the Kraken: 4 Steps for Employers to Curb the Spread of COVID’s Most Contagious Mutation

As we enter the new year, and the fourth year of the pandemic, the COVID-19 virus continues to mutate. Two new Omicron subvariants, known as XBB and XBB.1.5 – unofficially nicknamed “Kraken” by some scientists – have emerged...more

The New BA.5 Subvariant Is a Reminder for Employers the Perils of COVID-19 Aren’t Going Away: Your 4-Step Plan

With the uptick in the COVID-19 positivity rate due to the emerging dominance of the BA.5 variant – thought to be the most transmissible yet – beleaguered employers once again find themselves in the position of confronting...more

OSHA Extends COVID-19 Emphasis Program for Healthcare Industry While Plotting Permanent Rule

Federal workplace safety officials just announced an extension of its COVID-19 National Emphasis Program (NEP) that focuses its inspection targeting efforts on hospital and skilled nursing care facilities that treat or handle...more

Transportation Mask Mandate Struck Down: What it Means for Employers

After the news yesterday that a federal court judge struck down the CDC’s mask mandate for airplanes, mass transportation, and transit hubs, many employers immediately wondered what it might mean for their business. Though...more

Should Employers Rescind Their Mask Mandates? A Pros and Cons List to Consider Before Dropping Your Pandemic Policies

As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more

Indiana Employers Should Remain on Guard as Governor Holcomb Ends COVID-19 State of Emergency

Indiana just joined a growing number of states that have rescinded their COVID-19 states of emergency while also enacting new pandemic-related legislation – but employers shouldn’t completely let down their guard just yet....more

SCOTUS Vaccine Aftermath: What Should Employers Do Now?

The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded Tuesday by shelving the emergency rule altogether. In some ways, these two developments mean that the pathway for...more

Forecast: January 2022 Edition

Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

SCOTUS Keeps Employers in Vaccine Limbo – How Should You Proceed While We Await Decisions

In a surprise move, the Supreme Court failed to resolve either of the two pending workplace vaccine cases yesterday morning despite having announced a special decision day that led most Court observers to think that yesterday...more

Supreme Court Strikes Down OSHA’s Vaccine ETS: An Employer’s 6-Step Priority List

The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3...more

Vaccine Showdown at the Supreme Court: Lawyers Preview and Predict Outcome of Pivotal Battle

Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the...more

Federal Appeals Court Reinstates OSHA’s Vaccine Mandate-or-Test ETS: An Employers’ 5-Step Compliance Plan

In one of the more shocking developments in a year full of surprises, a federal appeals court breathed new life into the Biden administration’s mandate-or-test emergency vaccine rule with a stunning Friday afternoon decision....more

The Calm Before the Storm: Status Update on OSHA Vaccine ETS Litigation

Employers may feel confused about the status of the lawsuits that blocked the OSHA Vaccine mandate-or-test ETS from going into effect as originally planned. Not only do you feel stuck in a litigation limbo, but you can’t make...more

Court Blocks Healthcare Vaccine Mandate Across the Nation: A Game Plan for Healthcare Employers

Not 24 hours after a Missouri federal court temporarily blocked the Centers for Medicaid and Medicare Services (CMS) from enforcing its COVID-19 vaccine mandate in 10 states, a Louisiana federal court took one giant step...more

OSHA’s Vaccine ETS Encounters More Turbulence as Appeals Court Extends Halt – How Can Employers Make a Smooth Landing?

In a terse 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its preliminary stay that blocked the mandate-or-test Emergency Temporary Standard (ETS) late Friday, further complicating the status of...more

Federal Appeals Court Blocks OSHA’s Mandate-or-Test Emergency Vaccine Rule: What Does This Mean for Employers?

Citing potential “grave statutory and constitutional issues” with the mandate-or-test emergency vaccine rule unveiled by OSHA on Thursday, a federal appeals court just issued an order blocking the ETS from taking effect on a...more

Comprehensive FAQs for Employers on the OSHA Vaccine Emergency Temporary Standard (ETS)

Federal workplace safety officials just released the mandate-or-test workplace vaccine emergency rule, and employers are sure to have questions. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and...more

How Employers Can Handle Confidentiality and Privacy Concerns Related to Collecting COVID-19 Vaccine Information

With many current COVID-19 safety protocols dependent on vaccination status, verification and vaccine mandates continue to raise unique confidentiality and privacy considerations for employers. Here are some important points...more

What Legal Challenges Will Await the OSHA Vaccine Emergency Temporary Standard?

As part of his administration’s plan to combat the COVID-19 pandemic, President Joe Biden recently announced a “six-pronged, comprehensive national strategy” to use every tool at his disposal to enforce vaccine and testing...more

Kentucky Hospital Employees Latest to File Suit Over Workplace Vaccine Mandate

Coming on the heels of Kentucky’s record-high number of COVID-19 infections, dozens of employees of St. Elizabeth Healthcare just filed a lawsuit in the U.S. District Court in Covington against the hospital in response to its...more

5-Step Plan for Employers After President Biden Announces Workplace Vaccine Mandates

In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced Thursday that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more...more

Indiana Employers and Educators Need to Adapt to Updated COVID-19 Control Measures

The Indiana State Department of Health (ISDH) recently updated its COVID-19 control measures in response to the resurgence of positive cases across the state, and all employers regardless of industry will be expected to take...more

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