With 2023 here, it’s time to look ahead to key issues affecting employers in the coming year. Notably, these issues share a major driver: remote and hybrid work models. Here’s a peek at top labour and employment law trends for employers to watch out for in 2023.

FREMONT, CA: Changes in the labour laws will continue to impact many workplace practices, including vaccination requirements, hybrid and remote work, travel restrictions, and ensuring workers with underserved opportunities can access the labour market. These inquiries will require outside labour attorneys and in-house legal counsel to answer and comprehend. As the area of labour and employment law develops over the coming years, employers must take into account the following trends.

Quelling Quiet Quitting: On social media, the idea of quiet quitting—where a person continues to work but ceases to go above and beyond, performing only what is officially required—has received a lot of attention. Employers are starting to face a serious problem as workers place more value on the "life" component of the work-life balance equation. Employers are also attempting to determine what, if anything, can be done about it. The good news is that employers have resources at their disposal to combat quiet resignation, such as:

Written employment contracts: Employee rights, obligations, and expectations will be made plain to employees through a well-crafted and effectively implemented written employment contract that includes explicit terms regarding work assignments, working hours, and pay. This document may also grant the authority to terminate an employee if they fail to uphold those conditions.

Incentive compensation: Offering incentives to employees for exceeding performance goals, such as bonuses, paid time off, or other rewards, may encourage them to put in the extra effort. However, it's crucial to carefully craft incentive plans to avoid future liability for them even after the employment relationship has ended.

"When there is a fierce talent competition, a voluntary “disconnecting from work” policy that is (well-drafted and effectively administered) sends a message to both present and potential employees that an employer is eager to help workers balance their home and work life"

Job satisfaction: Consider ways to improve job satisfaction, which is less of a legal concern than an engagement one. For instance, refusing to offer remote work opportunities can induce disengagement, which in turn can lead to employee dissatisfaction. Employers have the authority to determine an employee's place of employment. So take into account the model that will benefit the staff and the company equally.

Progressive discipline: While employers have the right to control the workplace, they can only expect adequate - not exceptional - performances from their employees. If an employee's performance falls below a certain threshold, the employer may gradually penalise the employee for poor performance and, ultimately, terminate their employment. However, companies always have the option to fire employees without cause as long as they receive the proper amount of notice or compensation.

Demands to Disconnect: Employee requests for more flexibility have led to the retention of remote and hybrid work arrangements post-pandemic, which has led to rising employee demands for a "right to disconnect." Employees' "right to disconnect" often refers to their decision to disengage from communication about their jobs post-working hours. Employers may decide to implement a voluntary "disconnecting from work" policy as a recruitment and retention strategy even if they are not legally compelled to do so. Due to COVID-19, a lot of employers have switched to a hybrid or remote work model, which has caused the distinction between personal and professional lives to become hazier. When there is a fierce talent competition, a voluntary "disconnecting from work" policy that is (well-drafted and effectively administered) sends a message to both present and potential employees that an employer is eager to help workers balance their home and work life.

More Employee Monitoring: With remote or hybrid work arrangements becoming more prevalent, employers are exploring how to monitor employees generally and remote workers specifically.

Maintaining compliance with all federal and state labour laws and regulations is integral to running a business. In addition to being among the easiest to violate, labour and employment regulations are also among the most important.