What Changes Are Coming to Employment Law?
After each term of the Supreme Court of the United States (SCOTUS), it is important to review the decisions to see if any of them apply to your business. There were some employment law decisions handed down this past term, and the following are some that all employers should keep in mind and some that might happen in the next SCOTUS term. For specific questions, contact an Encino employment lawyer directly.
Unions and Employer Property
In the case Cedar Point Nursery v. Hassid, SCOTUS ruled that an agricultural employer does not have to allow union organizers access to the property to discuss collective bargaining benefits with workers. While this only applies to the agriculture industry, the ruling could very well influence future decisions regarding union access to other types of worksites.
One SCOTUS case involved a high school cheerleader suspended from the JV squad due to a social media post. The Court ruled that such a suspension violated the student’s First Amendment rights. Even though this case involved a student and public schools, the case can be relevant to private employers who might consider terminating an employee for social media or out-of-work speech. Based on this decision, the Court is against limits on expression, which can include those of employees on their own social media accounts.
Accessing and Using Information from Work Computers
The Computer Fraud and Abuse Act (CFAA) prevents people - including employees - from accessing computer information without authority or accessing off-limit files within an employee computer. However, does an employee violate the CFAA if they access information with authorization and misuse the information? In Van Buren v. United States, SCOTUS held that when an employee has the authority to access information, misusing that information is not a CFAA violation. Employers might need to reconsider information access policies in light of this decision.
Next SCOTUS Term
The previous term did not address many employment matters, though there are some on the horizon for the next term. First, SCOTUS agreed to hear a whistleblower case regarding whether the federal courts can vacate or confirm an arbitration award. The Court will also hear a case regarding employee benefits and potential ERISA violations due to an employer charging excessive fees to employees for a retirement plan.
Looking further into the future, some additional hot topics in employment law that might reach the Court next year include:
- Various COVID-19 issues, including vaccine mandates, accommodations for religion or disabilities, wage and hour issues, and rules regarding remote work
- Reasonable accommodations for religious beliefs and religious discrimination
- How the legalization of marijuana should impact policies for employee drug testing and how testing might constitute unlawful monitoring of an employee’s lawful conduct out of work
Learn More from Our Encino Employment Lawyers
If you assistance with any type of employment law question or concern, our legal team at Kaufman McAndrew LLP is ready to help. We represent employers and aim to prevent conflicts and resolve any disputes with employees efficiently. Call 818-788-5767 or contact us online today.