This article originally appeared in Bloomberg Law and is republished here with permission.
Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen dramatically, but these trends bring new challenges for employers to stay compliant with federal, state, and local laws.
The tight labor market and another Covid-19 variant have left many employers struggling to hire and retain talent, with the glut of open positions expected to continue well into 2022. With total job openings well above their pre-pandemic peak, employers must adapt in this labor market.
Adapting means providing increased flexibly for workers, and the use of non-traditional employment relationships like part-time and temporary options has risen dramatically. But with these hiring trends comes both expected and new challenges for employers to stay compliant.
The current jobs report confirmed the labor market remains hot. Unemployment fell to 4.0% while the economy added 467,000 jobs. Employers struggled to attract candidates even when offering incentives such as increased pay, vacation time, and bonuses for seasonal employees, and additional overtime incentives for regular employees.
To attract applicants, many employers are removing barriers to employment, such as educational requirements and pre-employment screenings....
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