Employers and alternative dispute resolution providers face new challenges in 2023 from the virtual working world. Remote workers, new statutory provisions, and a major overtime case before the US Supreme Court highlight the new year in employment law.
Most mediators, and many employers, first encountered remote work when Covid-19 hit in March 2020. The US Census Bureau reported in September that the percentage of people primarily working from home tripled to 17.9% (27.6 million people) in 2021 from 5.7% (roughly 9 million people) in 2019. Employees report that they are more productive, have more working time without a commute, and are less distracted by co-workers.
There are upsides and downsides to this. One downside is the risk for more harassment cases. While one might think a remote workforce would have fewer harassment claims, three studies—from Project Purple, Project Include, and Deloitte—show an increase in sexual and other harassment reports, including for race and age discrimination.
Perhaps working remotely tends to make employees less inhibited in electronic communications, but as practitioners and mediators know, these electronic communications often become prime exhibits.
Which state...
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