SimplyHR | Employment & Labor Blog 

We are finally moving past the plethora of pandemic-era employment laws that riddled this blog over the past two years. However, not all will be quiet in 2023, as the breadth of pending U.S. Supreme Court cases and issues agencies are reviewing is wide and has the potential to disrupt several industries. This recap and forecast highlights a few of those topics.

In what is considered an “unprecedented action,” the Department of Justice (DOJ) has switched sides to argue on behalf of employers, and against the position of the National Labor Relations Board (NLRB), in the U.S. Supreme Court battle over employment agreements mandating arbitration. The DOJ said Friday that it no longer supports workers in the case NLRB v. Murphy Oil, which addresses whether an employment contract that requires the employee to waive his or her right to bring a class-action lawsuit against the employer violates the National Labor Relations Act.