Get ready for 2023 employment law changes.
Do you wish you had a crystal ball for what might be coming in 2023? We asked a top employment lawyer to engage in a bit of clairvoyance.
COVID: While many believe the pandemic is behind us, attorney Daniel A. Kaplan disagrees. "Do I think COVID is over? The answer is no."
He predicts COVID will still affect employment law well into the next year and advises employers to "change with it and follow CDC guidelines."
Speaking with Business Management Daily as part of its HR Specialist Summit, Kaplanan attorney with Foley and Lardner LLPoffered legal advice to HR pros whose companies are still impacted by the global health crisis, among other concerns for 2023.
"Long-haul COVID is a significant issue," he said, which may require employers to grant short-term leaves for conditions covered by the ADA, including neurological and mental health issues, cardiovascular conditions, respiratory illness and vascular implications. Employers must still consider accommodations.
Anti-trust violations: Kaplan also predicted the DOJ will become more aggressive in 2023 following violations of the Sherman Act. This antitrust law prescribes the rule of free competition among those engaged in commerce. In other words, no poaching from competitors in this heated talent war.
He advises clients not to agree with competitors on employee compensation and the terms or conditions of employment, and to have an anti-trust compliance policy that addresses labor market collusion. Consult with an attorney if your company might have been involved in a wage-fixing or nosolicitation...
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