Jackson Lewis P.C. • jacksonlewis.com 2021: The Year Ahead for Employers 1
2021
THE YEAR AHEAD FOR EMPLOYERS
In 2020, COVID-19 collided with a presidential election, forever
altering the workplace as we knew it. In 2021 employers are faced with
reimagining the employer/employee relationship while simultaneously
trying to keep pace with the evolution of workplace law.
2021: The Year Ahead for Employers details trends, legislation, regulation
and litigation nationwide to help employers know what to expect in the
coming months. We hope the report will prove to be a useful resource
as you consider employment issues and navigate the coming year.
Highlights
• Diversity, equity and inclusion initiatives are on the rise in number and complexity, spanning the public and private
sectors and addressing issues like pay equity, corporate board composition and diversity and anti-discrimination
training;
• Class action litigation is increasing dramatically i n the areas of higher education, biometric and other COVID -
related data and worker classication as the workplace has gone remote;
• Investigations and enforcements of fraud and abuse have come into sharp focus wi th the allocation of billions of
federal dollars;
• Benets and leave policies were greatly expanded to accomm odate the realities of COVID-19 and work/life balance;
• Dramatic shifts in immigration policy are anticipated as President-ele ct Joe Biden campaigned on reversing travel
bans, caps on the number of im migration and refugees, reinstating DACA and more;
• Restrictive covenants and other tools to prevent unfair competition may disappear at the federal level; and
• There may be an increase in the federal minimum wage.
Introduction
Table of Contents
4 Afrmative Action, OFCCP and Government Contract Compliance
6 Class Actions and Complex Litigation
9 Corporate Diversity Counseling
11 Corporate Governance and Internal Investigations
13 Disability, Leave and Health Management
15 Drugs and Alcohol
17 ERISA Complex Litigation
19 Health and Retirement
22 Immigration
25 International Employment
27 Labor Relations
32 Litigation
34 Privacy, Data and Cybe rsecurity
38 Restrictive Covenants, Trade Secrets and Unfair Competition
39 Wage and Hour
43 White Collar/Government Regulatory Enforcement
45 Workplace Safety and Health
46 Workplace Training
47 Citations
