HR Legal and Compliance 2023: A Year in Review and Strategies for the Future

The ever-evolving nature of employment laws, coupled with the global shifts in work culture, has made the HR function more crucial than ever.

As we bid farewell to 2023, it's essential to reflect on the myriad challenges and changes we came across throughout the year.

Undoubtedly, the most significant change in the HR landscape has been the continued embrace of remote work. As per Forbes, as of 2023, 12.7% of full-time employees work from home, while 28.2% work a hybrid model. This illustrates the rapid normalization of remote work environments.
 

The pandemic accelerated this shift, but its impact on HR legalities is ongoing. As HR professionals, you've grappled with questions surrounding remote work policies, employee monitoring, and compliance with labor laws across different jurisdictions. In 2024, the challenge will be to strike a balance between employee autonomy and organizational compliance.

DEI(B) has become a focal point for organizations, prompting HR professionals to implement robust policies and practices. However, as the focus on diversity and inclusion intensifies, so does the scrutiny from a legal perspective. Ensuring fair and unbiased recruitment, promotion, and compensation practices is essential to avoid legal pitfalls.

In Decoding Apple's $25 Million Settlement: A Deep Dive Into PERM Recruitment Practices, Sylvia Bokyung St. Clair and Helena Wasey Abebe, both associates at Faegre Drinker, analyze the PERM recruitment practices, drawing essential lessons from Apple's experiences with discriminatory practices.

As employers, it is time for you to review your recruitment strategies and be wary of the repercussions and implications such cases can have on the bottom-line of your business.

The integration of artificial intelligence (AI) and machine learning in HR processes has streamlined many functions, from recruitment to employee engagement. However, with great innovation comes legal responsibility.

As we step into 2024, it's crucial for HR professionals to be well-versed in the legal implications of AI, especially concerning data privacy, algorithmic biases, and potential discrimination.

Laura Funk, Partner, and Suzie Allen, Attorney, both from Constangy, Brooks, Smith & Prophete, LLP, offer a comprehensive analysis of the proposed Bill C-27 Amendments in Bill C-27 Amendments: Strengthening Data Privacy And AI Accountability. They share some key takeaways on how these amendments aim to fortify data privacy and augment accountability.

With organizations expanding their global footprint, HR professionals are confronted with the challenge of understanding and complying with diverse international labor laws. In this edition, we also talk about managing cross-border HR legalities, ensuring that your organization stays compliant while fostering a cohesive global workforce.

As we anticipate what lies ahead in 2024, HR must focus on future-proofing their strategies. This includes staying ahead of legislative changes, leveraging technology responsibly, and fostering a workplace culture that aligns with legal and compliance requirements.

We will continue to explore the evolving HR legal and compliance landscape while offering you proactive measures to mitigate the risks that accompany such transformations.

We aim to equip you with the knowledge and strategies needed to navigate the evolving HR legal landscape in the coming year too.

Till then, stay safe, stay informed, and stay compliant!