New Developments in the Post-Pandemic Workplace

The modern workplace looks much different than it did prior to the COVID-19 pandemic, and both employers and employees are facing new challenges.

One in five workers has signed — perhaps unwittingly — a noncompete agreement promising not to leave for a competitor. On January 5, the Federal Trade Commission published a notice that it would ban all noncompetes, following up on a Uniform Law Commission Act that bans some noncompetes but allows others. This promises to have seismic effects on workplace relations and talent retention.

Workers are also increasingly demanding privacy, especially as they work from home, and employers are carefully navigating these demands. In addition, a growing number of workers are compelled to arbitrate their complaints rather than file lawsuits. Congress pushed back in 2022 with legislation protecting workers pursuing sexual harassment claims.

Meanwhile, strikes are up as workers push for unions and the Biden National Labor Relations Board becomes more aggressive. Though less than six percent of the private sector is unionized, unions appear to be becoming newly relevant.

Join this interactive, fast-paced discussion with Cornell Law School’s Stewart Schwab to learn the latest legal developments in workplace law.

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