Pryor Cashman Partner LaKeisha M.A. Caton, a member of the Labor + Employment and Litigation Groups, spoke with Legal Dive about the big labor law issues from 2023—and looks ahead to what could be coming in 2024.
In the article, "2023 will be remembered as a big year for employment law," LaKeisha discusses the legal changes that are impacting return-to-office policies, pay transparency, discrimination, and more, all of which are keeping in-house counsel and L+E lawyers busy.
LaKeisha notes that 2023 laws making weight and height protected characteristics in New York City and San Francisco could influence other jurisdictions:
Lawmakers "in New Jersey and Massachusetts have introduced bills banning height and weight discrimination, and New York state, I expect, will follow," Caton said. "I can't say it's a nationwide effort; some states are more protective than others, but I expect other jurisdictions will pass laws." Michigan is one state that has already enacted a size discrimination law.
She also says that NYC's 2023 pay transparency law, which requires pay ranges in job listings, is likely to have expanded impact in 2024:
Pay transparency is triggering antitrust concerns to the extent employers see what their competitors are paying and match that when they list job openings; that could expose them to charges of collusion as the Federal Trade Commission and the Department of Justice step up their scrutiny of competition in labor markets.
"There are issues that are raised by pay transparency which wasn't the intent at all but are possible negative consequences of these new laws," Caton said.
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