The Fearless Forecaster has resurfaced for his annual predictions for the upcoming year in the field of labor and employment law. Gazing into his crystal ball reveals a number of strong candidates for 2024, and the overall theme emerging for the new year is technology.

Advances in technology have already impacted the practice of law but, in case you are wondering, this article was written by the author and not some artificial intelligence (AI) such as ChatGPT. Surely, as we started to see in 2023, attorneys this year will rely more and more upon AI to help draft pleadings, write briefs and for a variety of other tasks, but attorneys better check legal citations, as AI has been caught creating non-existent case law to write a persuasive brief. That said, and in no particular order, here are the most likely top 10 hot topics in labor and employment law for 2024.

1. Employee Monitoring and Privacy: Employee monitoring is not something new. It has been around for some time as has the enabling technology. For example, for years, businesses that employ truckers to haul their products have relied upon software such as Drive-Cam to monitor their driving habits and view accidents. A similar technology comes standard in all Tesla vehicles. In the past, when negotiating collective bargaining agreements (CBAs), labor unions often opposed and challenged Drive-Cam’s use as it is a mandatory subject of bargaining because it affects health and safety. It is now more widely accepted. With...

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