Labor law is a diverse space that covers cases with premises in discrimination, sexual harassment, wages, healthcare, disability and whistleblowing. Not only do employers need to be able to navigate the complex laws inherent to each of these categories, but they also need to deal with sensitive issues that are historical hotbeds for employers, such as discharging and training employees.
The key takeaway for employers is to implement preventative measures that ensure they’re proactively addressing each of the areas of potential litigation, while encouraging their employees to come forward with issues before they seek legal action.
Litigation concerning the use of social media is another area that has seen an increase of activity in the past few years. Using social media to evaluate a candidate can be particularly risky for businesses, says Pierce. “If you have this applicant, and you’re going to look at their LinkedIn profile or Facebook page, maybe the information there is correct and maybe it’s not correct. Maybe you’re going to find something about an applicant that you shouldn’t know, that could later be used against you to suggest that you made a decision on that person because of their background, where they’re from, or even their sexual orientation.”