Trends in US Labor and Employment

This year we've seen very public campaigns at Amazon and Starbucks, alongside a significant industrial action affecting John Deere, so as a result of this we've seen clients flock to law firms and lawyers with experience in organizing efforts.  

Another major disruption in this market has been the on-again, off-again attempts by the Biden Administration to impose vaccination or testing mandates on large employers and government contractors. This has, predictably, led to a mass movement to employment counsel, particularly those familiar with the Occupational Safety and Health Administration (OSHA).  

Outside of the pandemic, one of the major Labor & Employment trends has been employee mobility being at an all-time high. One of the interesting by products of this has been the rise of trade secrets litigation, brought on by the Great Resignation as both clients and law firms tell us of the increasing demand for expertise as employees with valuable information move between employers at an unprecedented rate. 

2022 will likely see the Democratic Party lose its majority in the house, potentially leading to legislative deadlock, attorneys are still waiting to see if this will lead to a flurry of agency rule-making affecting employers. One cast-iron change is at the National Labor Relations Board (NLRB), which in 2022 switched to a Democratic majority. The board has already indicated it will expand legal protections for workers and do away with some positions that were held under the Trump Administration, so Labor & Employment attorneys expect an upswing of work surrounding compliance and enforcement. 

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