Happy New Year! As
we reflect on the past year and prepare for 2015, certain issues keep taking
center stage. Although employment law is
too dynamic to allow any certainty about what the next year will bring, we offer
five things that we think employers should be sure to keep an eye on:
1. The Active NLRB. If 2014 tells us anything, it’s that the NLRB
is prepared to weigh in – heavily – on a variety of employment issues. We see no reason for that to change in 2015,
although the Republican-dominated Congress is likely to subject the Board to
considerable scrutiny. In the upcoming year, we expect the NLRB to continue its
interest in social media, issue employee and union-friendly rulings, and
generally test
the limits of its mandate.
2. HR Technology. In 2014, we saw significant advancement in
technology intended to address employer challenges, from diversity
recruiting to rising
health care costs. Despite its
promise, some of this new technology may create risks related to discrimination
and information security, and could cause more problems than it solves. We
expect the EEOC, other governmental agencies, and perhaps plaintiffs’
attorneys, to pay attention to this issue in 2015.
3. Wellness Programs. Many employers have implemented or are
considering wellness initiatives. Some
wellness programs may run afoul of federal or state law. Last year, the EEOC took unprecedented
action in response to wellness programs that it believed were not truly
voluntary, or that sought too much information.
One of the EEOC’s stated priorities for 2015 and beyond is to issue
guidance on wellness programs and increase enforcement actions against non-compliant
employers.
4. Security of Employee Information. In cybersecurity breaches affecting numerous
employers, from the University of Pittsburgh Medical Center to Sony Pictures, employee
information has been inappropriately accessed. The results have included identity theft and
tax fraud, and in some cases affected employees have sued their employers for
failure to secure their information. We expect more breaches and more such lawsuits
in 2015.
5. Changing Employee Expectations. In
2014, employees protested and lawmakers listened. States and municipalities implemented paid
sick leave, raised minimum wages, and provided additional protections for pregnant
workers. In 2015, we expect this
trend to continue.
Posted by: Kate Bischoff
