Before I get into my employment law predictions for 2018, let me thank my friends, family, colleagues and clients. You’ve helped make 2017 so successful. I am so grateful and blessed to have so many wonderful people in my life. Practicing law gives me the opportunity to help others and change their lives for the better. I enjoy what I do, and I like helping my clients with their employment law issues.
Here are just a few of the highlights and milestones for me in 2017:
- I, along with my co-counsel Patrick Kitchin, obtained a seven figure settlement on behalf of a class of hair stylists in the Bay Area.
- I hiked the mountains in New Mexico at the Philmont Scout Ranch with my two sons and three other Boy Scouts.
- I began bicycling and jogging, increasing my cardiovascular health so I can almost keep up with my three teenage children.
- I celebrated 19 years of marriage to my beautiful wife.
- I conducted several presentations regarding employment laws, with a specific emphasis on home care workers, including presentations to the Professional Fiduciary Association of California, the East Bay and the Golden Gate Enrolled Agents Associations, the California Society of CPAs and the Special Needs Symposium.
Thank you and may your holiday season be filled with warmth and love, and may you experience a prosperous 2018.
Rob’s Employment Law Predictions for 2018
A client asked about my 2018 employment law predictions.
There is a significant push toward more transparency in the workplace. Laws prohibiting employers from asking about prior salaries combined with protections for employees who discuss salaries with co-workers will make it more difficult for employers to justify pay differentials. I predict that more discussions about pay will result in more litigation regarding pay practices in 2018.
The media has recently focused on sexual harassment in Hollywood and politics. The increased media hopefully opens the door for more discussions about appropriate workplace conduct. I predict we will see an increase in sexual harassment claims in 2018. I also predict employers will take greater steps to ensure their workplace is free of unlawful harassment, including training managers and supervisors how to respond to complaints. Recent changes in the law regarding what must be included in mandatory sexual harassment prevention training will also increase the dialogue regarding treating persons with dignity and respect regardless of their gender or lifestyle.
I predict employers will struggle with proper hiring techniques. Beginning 2018, employers cannot ask about prior salaries and cannot ask about convictions until after the employer extends a conditional offer of employment [not true for all employers]. Many employers don’t know about the changes. Those employers may be targeted for individual or class actions for inappropriate questions during the hiring process.
I predict wage and hour lawsuits will continue to increase in 2018. We will see more class actions and PAGA claims. Now that PAGA actions are not subject to arbitration, means more plaintiffs attorneys will use PAGA claims to avoid arbitration. Additionally, recent cases expanded the scope of discovery in PAGA actions. Plaintiffs attorneys now have more tools to obtain information during litigation.
Those are my predictions for employment law related problems in 2018. We’ll have to wait and see whether my predictions come true.
If you have questions about employment laws, feel free to contact me in the New Year. I work with employees and employers to resolve workplace disputes.
Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.
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