In 2022, employers will still be dealing with the coronavirus pandemic. Some employers may try to prevent the spread of illnesses by asking staff to get booster vaccinations or delaying their return to work. As they develop their rules, these employers will be confronted with a number of legal issues.
Other legal obstacles in 2022 could include a likely change of the US Department of Labor’s (DOL) overtime rule and the spread of state paid-leave laws.
Employers may also wish to pay more attention to non-solicitation agreements as a result of the Great Resignation.
Here are seven legal trends to look out for in the coming year:
Booster shots are not currently included in the definition of “fully vaccinated” by the US Centers for Disease Control and Prevention. Two weeks after the second dosage of a two-dose series, such as the Pfizer or Moderna COVID-19 vaccine, or two weeks after a single-dose jab, such as the Johnson & Johnson injection, full vaccination takes effect.
“A large number of enterprises will reopen in person in 2022, some for the first time in two years and others after multiple trial runs.” said Alana Genderson, an attorney from Washington D.C. Many businesses, she added, will rethink the logistics of reopening and adopt a variety of employment and safety plans.
The Department of Labor has stated that it feels there are too few nonexempt workers in the United States who are subject to overtime rules under the Fair Labor Standards Act.
“We could see activity related to the salary threshold for exempt employees,” Nuzzo said. “Some have advocated for a minimum salary threshold as high as $85,000 per year to qualify as an exempt employee, which would represent a significant jump from the current threshold of $35,568,” he noted.