Dive Brief:
- A Seyfarth Shaw survey of 700 legal and HR professionals found that 30% fear workplace changes and compliance challenges, Corporate Counsel reports. However, most respondents said they were hopeful about technological changes in the workplace.
- In the Future Employer Outlook Survey, 35% of the respondents said they believe the U.S. Labor Dept. will be the most aggressive government agency with respect to compliance over the next five years. The next most aggressive agencies include the EEOC (26%), U.S. Dept. of Homeland Security (20%), National Labor Relations Board (13%) and U.S. Dept. of Justice (6%).
- Many of the respondents recognize the current atmosphere as pro-business under the Trump administration, with nearly half (48%) believing that the executive branch will impact the future workplace the most. More than a third (32%) think the judicial branch will impact the workplace the most, and one-fifth (20%) believe the legislative branch will have the greatest effect.
Dive Insight:
Most of the survey respondents (68%) anticipate an increase in employment lawsuits making their way to the U.S. Supreme Court. The reasoning behind this data point isn't detailed, but one explanation might be that opposition among workers toward perceived anti-labor government policies could trigger more lawsuits on which the lower courts can’t seem to agree.
Respondents also pointed out the incongruity between some state and federal laws, which could pose a challenge to both HR and the legal community.
One respondent mentioned that only minor amendments have been made to labor laws since the late 1930s. These Depression-era mandates don’t address the growing independent workforce, as the respondent noted.
Eventually, however, lawmakers will have to reckon with the gig economy. This might include adjusting laws to reduce employers’ liability in hiring and re-classifying these workers. Additionally, new legislation might be drafted in order to protect independent workers’ rights and wages.