A Look at Past & Future Labor and Employment Law Disputes

A number of businesses financially suffer each year due to labor and employment law disputes. As commercial litigation attorneys in Texas, we deal with a number of these disputes each year, customizing our approach based on our client businesses’ needs and the disputes themselves.

Below, we discuss some of the most important employment law trends from 2018, and look forward to what businesses can anticipate this coming year:

#MeToo & Sexual Harassment Training Requirements

This year’s #MeToo movement arguably affected every year of employment law, from arbitration, to training on harassment, to consequences for employees found to have engaged in inappropriate behavior. If businesses learned anything, it is that they can potentially face liability not only due to the actions of supervisors and employee, but also based on the accusations themselves and how the business addresses them. What businesses also have to understand is that the biggest impacts on liability and legal requirements have come from local and state laws and regulations, many of which were put into place just this last year. In this respect, every business should, at a minimum, consult an experienced employment lawyer to ensure that they are in compliance with sexual harassment training and other requirements, including businesses in the state of Texas. Also expect to see related legislation this coming year, particularly when it comes to equal pay requirements.

Artificial Intelligence

2018 also involved many businesses bringing new types of artificial intelligence into the workplace, not only affecting the composition of the current and future workplace, but assumptions surrounding the risk of engaging in misbehavior in the workplace. However, businesses still need to ensure that they are still careful about discrimination and disparate impact claim, for example, in the areas of employee benefits programs and privacy as they bring this new technology in.

Legal Transitions

2018 saw the confirmation of Brett Kavanaugh to the U.S. Supreme Court and transitions within the Department of Labor and National Labor Relations Board. This will inevitably have an effect on employers and management, including in the area of joint-employment rules.

Still, vacancies remain on the Equal Employment Opportunity Commission, which has a significant impact on labor disputes. Currently, the Commission lacks a quorum, which will also affect votes on future labor nominees.

Contact Our Texas Commercial Litigation Attorneys

Other important legal issues that employers will face this coming year include data privacy, gender identity, and the legalization of medical and recreational marijuana. When it comes to business disputes, it is crucial that you work with a firm that has significant experience in these issues.

The Brownsville commercial litigation attorneys of Colvin, Saenz, Rodriguez & Kennamer, L.L.P. have been providing strategic commercial litigation advice and representation to companies for more than 60 years. Contact us today to find out how we can help you.

Resources:

natlawreview.com/article/employment-law-week-january-7th-2019-look-back-and-year-ahead

twc.texas.gov/news/efte/harassment.html

https://www.rcclaw.com/texas-supreme-court-to-hear-business-dispute-that-could-end-punitive-damages/