In Conversation with Michael Landen: Trends & Challenges of Employment Law 

From litigating discrimination claims, wage disputes, ensuring compliance with the Americans with Disabilities Act (ADA) and other employment laws, and counseling clients about employment issues of all shapes and size, the legal landscape governing the employer-employee relationship is more intricate than ever before. 

We sat down with Michael Landen, recently appointed Shareholder at Kluger, Kaplan, Silverman, Katzen & Levine, to delve into the trends shaping employment law and how businesses are navigating challenges in the workplace. 

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Q: Michael, given your extensive experience in employment law, what are some of the most pressing legal challenges facing employers and employees today

M: The landscape of employment law is dynamic, presenting many challenges for both employers and employees. Key issues leading the front include recent changes concerning the enforcement of restrictive covenant agreements, ADA compliance, discrimination claims, and wage disputes, as emerging technologies and regulatory updates further complicate matters. For example, the Federal Trade Commission (FTC) published a Final Rule on Non-Competes, adopting a comprehensive ban on new non-competes for all workers, including senior executives. Furthermore, recently issued remote work has introduced new policy considerations, while Diversity Equity and Inclusion (DEI) initiatives require careful implementation to avoid legal pitfalls. Millennials, now the largest labor segment, bring new expectations for flexibility, pay increases, and transparency. Additionally, the rise of Artificial Intelligence (AI) in the workplace has increased concerns about privacy, data protection, and bias. Legal practitioners and businesses must continuously monitor and address these challenges and ensure compliance and fairness in the workplace.

Q: Building on that, how do you anticipate advancements in technology influencing the legal landscape of employment law?

M: Technology’s rapid advancement has been an issue in employment law for years. While automation and AI offer efficiency in areas such as recruitment and compliance monitoring, they also raise concerns regarding data privacy and algorithmic bias. Moreover, the widespread adoption of remote work platforms introduces cybersecurity complexities and labor law compliance challenges. To stay ahead of the curve, legal practitioners must stay up to date on developments to effectively address emerging legal and ethical considerations and should proactively integrate technology-aware strategies in order to navigate the evolving landscape while safeguarding the rights of employers and employees.

Q: Your experience spans various areas, including ADA compliance, discrimination claims, and employment contracts. What drives your passion for this practice area?

M: Employees are often companies’ most valuable assets, and the way companies and their employees interact is critical to business performance. I enjoy getting to know clients, understanding their businesses, and helping them maximize the value of their team members. Employment law is dynamic and multifaceted, with each case presenting unique challenges and opportunities for resolution. Whether it’s assisting employers with ADA accommodations or advocating for employees facing discrimination, my goal is to provide effective legal solutions that safeguard the rights and interests of all parties involved.

Q: With that, could you share any notable cases or challenges you’ve encountered that have shaped your approach to advocating for clients and navigating the legal landscape?

M: One of the most impactful challenges I’ve faced in recent years stemmed from the unprecedented disruptions caused by the COVID-19 pandemic. As businesses grappled with shutdowns and transitions to remote work, the legal landscape surrounding employment practices underwent profound transformations. From re-evaluating employee guidelines to implementing new policies that reflect the realities of a post-pandemic world, navigating these changes required a proactive and strategic approach.

This highlighted the importance of implementing clear internal policies that govern how people work and how expectations are set. I worked closely with clients to update handbooks, address remote work policies, enact new workplace health and safety measures. These experiences emphasized the necessity of proactive compliance and strategic advocacy in the face of rapidly changing circumstances.

More recently, the FTC’s Final Rule on Non-Competes, which becomes effective September 4, 2024, provides that it is an unfair method of competition for a person to enter into a non-compete clause, to enforce a non-compete clause entered into after the effective date, or to represent that the individual is subject to a non-compete clause.  The rule is a new development in the employment sphere, especially in Florida, where non-competes were legal and widely used. Such a change warrants attention from both employers and practitioners to address the ever-changing landscape. Employers, for example, will need to provide notice to any workers who have existing non-competes, advising those employees that the non-competes are no longer valid.

Q: Looking ahead, what advice would you offer to businesses and individuals navigating the complexities of employment law in today’s fast-paced world?

M: Prioritize proactive compliance measures to mitigate legal risks and ensure a fair and inclusive workplace. This includes consulting regularly with business clients and employees, staying updated on relevant laws and regulations, implementing robust policies and procedures, and fostering open communication channels with employees. By taking a proactive and strategic approach to employment law, businesses and individuals can navigate the complexities of workplace with confidence and resilience.