As courts increasingly enforce applicable state and local laws that make marijuana legal instead of the federal law that makes it illegal, workplace substance abuse policies need a re-look. Jackson Lewis principals Catherine Cano and Kathryn Russo share insights on how the rapidly proliferating laws protecting marijuana and CBD are making marijuana issues for employers more complex.

The advanced technologies that facilitated much of the organizational productivity and business profitability during the pandemic will continue to raise legal and compliance issues in 2023. Listen as Jackson Lewis principals Jason C. Gavejian and Joseph J. Lazzarotti discuss the top issues data collection and use are causing for employers.

Organizing and strike activity will continue its upward trajectory in 2023. Jackson Lewis principals Richard F. Vitarelli and Jonathan J. Spitz say macroeconomic factors (e.g., pay, staffing, health safety), a labor-leaning NLRB GC, and pro-union earmarks in government contracts are fueling the trend across the country.

In what is likely the busiest time for workforce reductions since the pandemic began, employers should engage in longer-term, strategic thinking about how to adjust staffing levels. Jackson Lewis principals Michael Jakowsky and Isaac J. Burker offer best practices for WARN and disparate impact analyses.

New rulemaking to raise the salary level for exempt employees and an expected final DOL rule that is expected to make classifying workers as independent contractors less easy will be top-level topics in 2023. Jackson Lewis principals Jeffrey W. Brecher and Justin R. Barnes discuss the novel legal challenges likely to arise and how employers can prepare.

The sky is not yet falling for non-competes. Jackson Lewis principals Clifford R. Atlas, Daniel J. Doron and Erik J. Winton say the FTC's four varieties of alternatives to its own proposed rules suggests now is the time for employers to read the room and address any potential issues.

Benefits beyond the usual medical, dental and vision will continue to occupy HR ideas and initiatives in 2023. Jackson Lewis principals Joy Napier-Joyce and Melissa Ostrower note that employers will be proactive, formalizing and distributing policies focused on both retention through benefits and recession should one materialize.

OSHA enforcement and regulatory rulemaking will be big in 2023. Jackson Lewis principals and former feds Courtney M. Malveaux and Melanie L. Paul say heat illnesses, infectious disease standards, electronic recordkeeping requirements, and higher fines are just some of the action areas for which employers need to prepare.

Even though workplace conversations about mental health and wellness have become more acceptable, most employers are not therapists. Jackson Lewis principals Michael Griffin and Michael Thomas discuss how employers can establish a better baseline beyond legal obligations to reap the benefits that come from a workplace where employees are healthy, show up fully and thrive.

Employers can expect to face a rash of requests that reflects rising employee IQ regarding what can be accommodated beyond the usual disability and religious considerations. In this podcast, Jackson Lewis principals Patricia Anderson Pryor and Katharine C. Weber explore the context and challenges of this expanding accommodations environment.