Seismic Shifts in Labor Law: What You Need to Know
At Regard Law Group, we know how important it is to stay informed on changes in employment law and the labor landscape. After all, changes to the rules and regulations that govern our workplaces are bound to directly impact most Americans and their families, and without the proper information, our clients won’t be able to respond appropriately to any challenges that might arise.
Employment disputes are often viewed in the abstract or at a distance, something that happens to “other people.” In reality, disputes between employers and employees are quite common, even when both parties enter into an agreement with the best of intentions.
Our expert attorneys want you to know your options, understand your legal protections, and be prepared to assert them with confidence. That’s why we’ve compiled a primer on major developments in the world of employment law below.
What’s Going on Out There?
For starters, the recent resolution of the United Auto Workers Union strike has underscored the growing power of labor to effectively negotiate contract disputes.
The UAW won more than just wage hikes. They were also able to undo certain concessions that were agreed upon in contract negotiations dating back to 2007 as auto-makers reeled from unfolding financial crises.
The elimination of pay tiers was also seen as a major victory, with employees securing concessions on behalf of low-paid temporary workers as well as right-to-strike agreements when faced with factory closures.
The UAW’s win demonstrates that informed employees can directly benefit from a firm understanding of the legal agreements that govern their labor. Fortunately, both the federal government and the state of Kentucky offer many legal protections to employees in the event of a dispute, so incidents like this serve as a potent reminder that workers still have options to actively pursue and protect their interests. If your rights regarding pay or benefits have been violated, we can help you.
Another development concerns the legal conversation surrounding remote work and services. We’re already quite familiar with the difference between in-person services and their remote counterparts, so we’re paying close attention to decisions that involve such disparities.
An important ruling in the Eastern District of Virginia found that a school principal could not claim reasonable accommodation as justification for remote work once students had returned to learning in person.
Crucially, the court found that even though this principal was able to prove she had a disability under the Americans with Disabilities Act, the “essential function” of her job was defined by on-site instruction in person.
The court held that “temporary pandemic-related modifications of certain essential functions [do] not mean that the essential functions have somehow changed. Thus, once NPS required students and employees to return for in-person instruction, Jordan was required to resume her ‘job’s essential functions’ as they ‘were in the pre-COVID era.’ “
Clearly, the tide is turning towards a more just and equitable demarcation between in-person and virtual services. Employers will be glad to know that the courts support their right to determine what counts as “essential,” while employees should take note of how on-site presence and in-person services factor into requests for reasonable accommodation.
The attorneys at Regard Law Group, PLLC, have proven experience in negotiating high-level disputes concerning contract law, and they’re always ready to assist with aggressive, innovative legal representation. Contact our office to schedule an initial consultation or get more information about our services.