Bloomberg Law’s news team spoke with panelists from Littler’s annual Executive Employer Conference, which was held May 2-4 in Phoenix, Arizona. The exclusive video interviews with Littler’s management-side attorneys and with corporate leaders covered a broad spectrum of employment and labor topics addressing significant developments, emerging trends, and challenges facing in-house counsel, employee relations professionals, and human resources executives.
Workplace Policy Institute State of Play
The National Labor Relations Board “one way or the other” is going to undo a closely watched Obama-era decision that expanded joint employer liability for businesses, Littler shareholders Michael Lotito and Maury Baskin tell Bloomberg Law. The co-chairs of Littler’s Workplace Policy Institute also say to expect the Labor Department to make a “modest adjustment” to the federal overtime rule, increasing the salary threshold under which workers are automatically entitled to time-and-a-half pay for extra hours.
The Battle Over Arbitration Continues
The Supreme Court is on the verge of deciding a trio of cases testing the limits of mandatory arbitration clauses that could have a huge impact on employers and their workers, Littler shareholder Rob Friedman tells Bloomberg Law. The justices are considering whether to ban contract language that forces workers to waiver their rights to class actions in employment disputes. A ban could cause “a very dramatic change” in the way businesses draft employment contracts.
Today it is no longer a case of if, but how employers evolve to address addiction in the workplace, Littler shareholders Nancy Delogu and Dale Deitchler tell Bloomberg Law. “Addiction is pervasive in the U.S.” and the workplace, and the best approach to management is to focus on performance and behavior, enforcing policies and standards, and to consider programs or policies that can safely allow for employees in recovery to return to work.
Watch additional videos from the conference here.