As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more details on these issues in prior editions of SuperVision. Many of these issues will continue to be relevant to employers as we move into 2025. Rest assured, we will keep an eye on these and other issues so that we can keep you updated on the legal and regulatory issues impacting your business.
- Second Trump Term - The incoming administration will indeed have a real impact on issues facing employers in the L&E arena. Despite a seemingly more pro-labor DOL appointee, labor relations, in general, should return to a more balanced environment, including reversing generalized efforts that assisted union organizing. Government oversight of workplace safety issues will also likely be relaxed. Immigration reform will likely make for a tighter workforce pool overall, including tightening up on highly skilled foreign workers. We also expect a much easier path to classifying workers as impendent contractors, including reimplementing DOL rules on the subject. – Eric W. Iskra
- Expansion of Adverse Action – In Muldrow v. St. Louis, decided on April 17, 2024, a unanimous Supreme Court addressed the standard proving an adverse action under employment discrimination laws like Title VII, ADA, and ADEA. Rather than a substantially material harm, there must only be ...
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