How 2024 will shape the future of employment and labor law

As national attention shifts to the upcoming presidential election, 2024 will be a significant year for the future of employment and labor law. Littler, an employment and labor law solutions company, recently released their annual employer survey report, which examines how employer expectations and workplace policies are evolving.

The survey found that while some U.S. employers anticipate less new legislation over the next year, many are bracing for increased regulatory enforcement from the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 

Nearly 80 percent of respondents said they expect a moderate or significant impact from the DOL over the next year, compared to just 65 percent who said the same in 2022. 

“While all eyes will certainly be on the outcome of the presidential election, which will shape the direction of employment and labor policy for years to come, employers right now are feeling the impact of various activities and initiatives from regulatory agencies. The NLRB in particular has been pursuing an agenda to reshape U.S. labor law and overturn decades of well-established NLRB precedent, leading to significant changes affecting both unionized and non-union workplaces,” said Michael Lotito co-chair of Littler’s Workplace Policy Institute. 

According to the survey, respondents expect to see significantly fewer changes when it comes to paid sick time and family leave requirements, as well as income equality-related measures such as pay transparency and overtime rules over the next year. However, 51 percent of respondents said they anticipate seeing employment law-related changes when it comes to AI in the workplace, compared to just 20 percent of respondents last year. 

While no clear path has emerged for AI regulation at the federal level, there has been more activity to pass or propose legislation regulating AI at the state and local levels, especially as it pertains to the use of AI throughout the hiring process, the survey found. 

Regardless of the changes that will affect the workplace over the coming year, 87 percent of respondents said they are concerned about managing divisive political and social beliefs among employees leading up to the 2024 political election. 

It will be essential for employers to strike a balance amidst a period of significant changes when it comes to the future of employment and labor law over the next year.