FP Workplace Law Forecast 2024

What Will 2024 Bring?

Legal Battle Over Joint Employer Rule Employer advocacy organizations have already initiated legal action in an attempt to derail or block the joint employer rule, and we can expect similar efforts going forward. In the past several years, this strategy has effectively been used to stop finalized regulations related to all manner of workplace-related (and other) issues from taking effect as scheduled. However, you cannot count on this procedural mechanism to be successful given the uncertainties of litigation. Limits on Agency Power The Supreme Court is likely to strike down (or at least water down) the so-called “Chevron deference” this term, which will have profound implications on administrative agencies — including the NLRB — as well as employers dealing with these agencies. Numerous regulations could face legal challenges and be held invalid because the agencies would lose their interpretation power even if the statutes they administer and enforce appear ambiguous. Expansion of Remedies We predict the NLRB will overturn its Ex-Cell-O Corp. decision, which prohibited the Board from issuing any additional remedies besides make-whole relief (such as compensatory damages) for unfair labor practices concerning failure to bargain, and that it will take the opportunity to uphold the General Counsel’s memo restricting mandatory captive audience meetings.

AI Focus

Predictive Analytics Will Aid Employers’ Efforts AI can enable employers to better predict and prepare for union organizing campaigns by analyzing employee sentiment and communication patterns, helping them to proactively address workplace concerns. Employers can also use AI to analyze factors leading to strikes and predict their potential duration and impact, aiding in contingency planning and in making informed decisions about concessions or negotiations.

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