TOP 10 THINGS YOU NEED TO KNOW NOW ABOUT

EMPLOYMENT LAW

About the FirmRepresents management exclusively in every aspect of employment, benefits, labor, and immigration law and related litigation

800 attorneys in 57 locations nationwide

Current caseload of more than 6,500 litigationsapproximately 650 class actions

Founding member of L&E Global

A leader in educating employers about the laws of equal opportunity, Jackson Lewis understands the importance of having a workforce that reflects the various communities it serves

Strategically Located Throughout the Nation to Serve Employers’

Needs

Locations Nationwide**Jackson Lewis P.C. is also

affiliated with a Hawaii-based firm

57

Goals

Offer solutions to get ahead of these issues before problems

arise

Provide an overview of some of the hottest issues

in employment law that affect your business now

Raise red flags for risks and potential exposure

10. Free to Fire for Friday Night Pot

• Number of states legalizing marijuana growing

• Recreational marijuana legal in Washington, Colorado, Alaska, Oregon and D.C.

• 20 additional states report marijuana legalization ballot measures in the November 2016 election

• Marijuana is a hazy issue for employers

• Coats v. Dish Network (Colo. 2015)

9. Paid Sick Leave Is Getting . . . Contagious • Number of states and cities requiring paid sick

leave is growing

• States: Connecticut, California, Massachusetts, Oregon, D.C.

• Cities: San Francisco, Seattle, NYC, Jersey City, Neward, Oakland, Tacoma, Philadelphia, Pittsburg

• President Obama’s Executive Order 13706 effective January 1, 2017

• Healthy Families Act (up to 7 paid sick days if passed)

8. I am not their employer, am I?

• DOL, NLRB, and OSHA have all expanded the universe of who qualifies as a “joint employer” within the last year

• Focus on the economic realities of the relationship

Prepare now:• Evaluate the quality of your business partners• Evaluate strength of indemnification

provisions• Consider privileged analysis to “shore up”

joint employment factors

7. Your “Updated” Handbook Is Already Outdated

• Expanding relevance of the NLRA to non-union employers

• EEOC’s continued focus on systemic discrimination

• LGBT Rights

• States passing significant employment laws

6. When Bruce Becomes Caitlyn • Some states explicitly protect

against discrimination based on employees’ gender identity and gender expression

• What about federal law?

• Policies and training- Dress code- Restrooms (OSHA)

5. Known Disabilities – You Must Accommodate

• Increased focus on pregnant employees and applicants

• Increased focus on systemic disability discrimination

• Part of the EEOC’s priority of eliminating barriers in recruitment and hiring

4. Unknown Religious Beliefs –You Have to Accommodate

Them Too• Increased media and political attention on

issues of religious freedom

• EEOC v. Abercrombie & Fitch (June 2015)

• Employers must provide accommodation unless creates an undue burden

3. You Don’t Know What You Don’t Know About Pay

• Equal Pay is a media and political focus

• One of the EEOC’s top six enforcement priorities

• EEOC proposed changes to the EEO-1

• Lawsuits steadily on the rise (including class actions)

• Want to get ahead of this issue? Conduct an internal pay analysis

2. You Don’t Need A Crystal Ball

EEOC’s Top 6 Enforcement Priorities

1. Eliminating barriers in recruitment and hiring2. Protecting immigrant, migrant and other

vulnerable workers3. Addressing emerging and developing issues4. Enforcing equal pay laws5. Preserving access to the legal system6. Preventing harassment through systemic

enforcement and targeted outreach

1. 50,440—What is this? Are you ready?

• “White collar” exemptions to the FLSA

• Salary basis changing- In 1975, 62% fell below the salary basis- Today, 8%

• $23,660 ($455/week) $50,440 ($970/week)

• Highly compensated, $100,000 $122,148

• Changes will affect approximately 5 million workers

• Get your time clocks ready!

The Top 10 Things You Need To Know, Now About Employment Law

Chase T. SamplesJackson Lewis P.C. | Greenville Officechase.samples@jacksonlewis.com864-672-8034

Kristen M. BaylisJackson Lewis P.C. | Denver Officekristen.baylis@jacksonlewis.com303-876-2217