Why Employers Should Keep on Top of the Changing Labor Landscape

Columbus-area attorneys offer insights on what businesses should know about unionization, class actions and other workplace trends.

Shannon Shelton Miller
| Columbus CEO

Work-life balance, remote work and shifting employee expectations have defined the post-pandemic workplace landscape. As employers continue to address those issues, they’re also encountering new legal concerns and challenges.

Courts are increasingly taking on cases related to remote work, and businesses are seeking counsel about managing misconduct complaints and developing artificial intelligence policies. Organizations also are experiencing an uptick in employee interest about unions. In November, for example, Columbus Metropolitan Library employees announced their intent to unionize, and workers from Jeni’s Splendid Ice Creams filed a petition to join United Food and Commercial Workers Local 1059.

How can businesses keep up with the evolving landscape? Attorneys in the Columbus offices of three multistate firms share their insights on current workplace trends and offer guidance employers can use to help navigate those issues.

Attorneys Cite a Shift in Unionizing

Littler, a multinational labor and employment law firm, noted in its 2025 Labor Survey Report that while union representation petitions rose through 2024, they fell in 2025. Brooke Niedecken, co-chair of Littler’s labor practice, says those numbers indicate employees might be curious about unions because they want more choices in the workplace, but they might not complete the unionization process if employers have solid engagement plans in place.

Still, businesses should be prepared for the possibility of unionization and more aggressive organizing efforts, including strikes, walkouts or coordinated corporate campaigns. Negotiations and proposals that once took place behind the scenes are often posted on social media, turning local workplace concerns into national issues. Niedecken adds that organizing is taking place in industries that hadn’t seen it before, and strikes and work stoppages are happening in places where such action had been absent for years.

“We prepare for all sorts of issues in the workplace, so collective bargaining and work stoppages should be thought of in the same way, so we have an effective plan as opposed to doing it on the fly,” she says. “In our labor report, one of the things we found—which is similar to my experience in practice—is that many employers aren’t preparing for organizing if they haven’t already seen it happen in their workplace.”

Employers Should Focus on Policies and Training

Chris Green, a partner with business and employment firm Amundsen Davis, stresses the importance of keeping company policies updated to address the current workplace environment, as well as delivering ongoing training to avoid potential legal issues. He says he’s seen an increase in employee complaints of misconduct, harassment or microaggressions in the workplace, but when details are revealed, the issue can be more nuanced.

“Younger employees might expect a different work environment than employees in the past, and an interaction that might be a misunderstanding can turn into a hostile workplace complaint,” Green says.

Marissa Borschke, an associate with Amundsen Davis, says drafting and redrafting work from home policies has become common as workplaces adapt to hybrid or remote work as their new norm. Having an AI policy is also important, and employers are advised to be transparent with employees about how AI can be integrated into their work.

“We have a lot of requests for AI policies,” Borschke says. “The technology is evolving, and AI can be used as a helpful tool in the workplace.”

Employee Class Action Complaints Grow

The emergence of class action lawsuits related to remote or hybrid work is a trend Chris Tackett, a commercial litigation attorney with Bailey Cavalieri, is seeing more consistently. Across the country, employees are filing complaints claiming they aren’t being fully compensated for all work done at home.

Tackett is also seeing more legal action related to disputes over noncompete agreements and intellectual property, along with questions about the extent of acceptable discovery due to the growing amount of data that can be accessed, removed and shared digitally.

A recent U.S. District Court decision from the Southern District of Ohio, Lott v. Recker Consulting LLC, addressed the question of compensable time in remote environments. While the employees in the class action claimed they were not paid for all their working time per the Fair Labor Standards Act, the court ruled compensable time began when employees started operating the system required for their jobs and ended when they left that system. The time they spent starting up or shutting down their computers was not considered compensable.

“Class actions are the most noteworthy because when you have clients who are employers and they have a lot of employees, it’s a multiplier on the potential exposure in an action,” Tackett says. “Even if the harm is really small, if it’s happening to enough people, they believe they can make it worth pursuing.”

Niedecken says it’s always beneficial for employers to review their employee engagement policies and practices and update them as needs change.

“I think employers need to lean into things employees are saying they want from their workplace, and I think many already are,” Niedecken says. “It also has the larger goal of retention and employee satisfaction—all of those things really go hand in hand.”

Shannon Shelton Miller is a freelance writer.

This story appears in the Winter 2026 issue of Columbus CEO. Subscribe now.

Reach Out

Don’t hesitate to reach out to us to discuss your specific needs. Our team is ready and eager to provide you with tailored solutions that align with your firm’s goals and enhance your digital marketing efforts. We look forward to helping you grow your law practice online.

Our Services:

Blog Post Writing

We do well-researched, timely, and engaging blog posts that resonate with your clientele, positioning you as a thought leader in your domain. Content Writing: Beyond blogs, we delve into comprehensive content pieces like eBooks, whitepapers, and case studies, tailored to showcase your expertise.

Website Content Writing

First impressions matter. Our content ensures your website reflects the professionalism, dedication, and expertise you bring to the table.

Social Media Management

In today’s interconnected world, your online presence extends to social platforms. We help you navigate this terrain, ensuring your voice is consistently represented and heard.

WordPress Website Maintenance

Your digital office should be as polished and functional as your physical one. We ensure your WordPress site remains updated, secure, and user-friendly.

For more information, ad placements in our attorney blog network, article requests, social media management, or listings on our top 10 attorney sites, reach out to us at seoattorneyservices@gmail.com.

Warm regards,