Top 15 Employment Law Trends to Watch for in 2015
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In 2015, employers will face a number of workplace challenges when it comes to managing, monitoring and maintaining their workforce. From providing paid sick leave and equal opportunity under state and municipal laws to extending equal rights and benefits to same-sex partners and accommodating pregnant women, complying with these new obligations may require you to change the way you operate your business. These issues are not only scary, but can be costly for employers in terms of time, money and resources. Here are the top 15 employment law Issues employers cannot afford to ignore in 2015: 1. Off-Duty Use of Medical and Recreational Marijuana 2. Paid Sick Leave 3. Affordable Care Act Employer Mandate 4. Immigration 5. Protecting Company and Employee Privacy in the Digital Age 6. Safe Driving Laws 7. E-Cigarette Use in the Workplace 8. Reasonably Accommodating Pregnant Women 9. Wellness Programs Conflicting with ADA, GINA, and FMLA 10. Growing Acceptance of LGBT Rights and Same-Sex Marriage 11. Workplace Bullying 12. Addressing Domestic Violence 13. Minimum Wage and Wage and Hour Laws 14. Providing Workplace Protections to Interns and Volunteers 15. Ban the Box
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Top 15 Employment Law Trends to Watch for in 2015
- 1. 15 Issues Employers Cant Afford to Ignore
- 2. Failure to comply with the following new laws & employment trends could result in: Civil fines Costly lawsuits Criminal penalties Harm to your business reputation Countless hours spent towards litigation and investigation of claims
- 3. The EEOC won $294M in recoveries and settled 136 lawsuits for $22.5M Top 10 settlements in wage + hour class actions totaled $215.3M 2014
- 4. 21,934 unfair labor practice charges were filed with the NLRB Wage + Hour Division collected $249,954,412 in back wages 2013
- 5. Off-Duty Use of Medical + Recreational Marijuana
- 6. 25 states have now legalized the use of medical marijuana with a handful of them legalizing the use of marijuana for recreational purposes.
- 7. 2 1 Challenges in employee discipline arise for off-duty use Reasonable accommodations for an employees use of medical marijuana may need to be provided The IssueS:
- 9. New laws are requiring employers to provide employees with full wages for leaves of absence due to illness, injury or medical condition, and medical diagnosis or treatment.
- 10. 2 1 The IssueS: Tracking how time off is accrued Ensuring notice of leaves are provided Calculating the time required by the employer for paid sick leave3
- 11. Affordable Care Act Employer Mandate
- 12. Effective January 1, 2015 the employer (aka pay or play) mandate under the ACA requires large applicable employers to either offer affordable health coverage to its employees or pay a penalty.
- 13. Employers should proceed cautiously when considering to reduce its workforce size to avoid the decision of having to pay or play The decision to pay or play is complex and involves a number of factors 2 1 The IssueS:
- 14. Immigration
- 15. On November 20, 2014, President Obama issued an Executive Order which could allow as many as 5 million undocumented immigrants to remain in the US if they meet certain conditions.
- 16. 2 1 The IssueS: Individuals requesting work permits may get deportation relief for three years at a time Once an employee comes forward and identifies him/herself as a undocumented, an employer could be sanctioned under federal law for now knowingly employing an undocumented worker
- 17. Protecting Company + Employee Privacy in the Digital Age
- 18. With the rise of computer usage, email, the internet, smart phones and other mobile devices, protecting company and employee privacy, safety and security has become progressively challenging.
- 19. 2 1 The IssueS: 3 Potential damage to your brands reputation if an employee badmouths your company on social media Risks to loss of confidential information and trade secrets Emerging technologies, such as Google Glass and cloud computing, also create new risks
- 21. In 20123,328 people were killed and an estimated 421,000 people were injured in distracted driving related accidentsa 9% increase over 2011.
- 22. 2 1 The IssueS: In recent years, OSHA has increased its enforcement related to workplace driving, including distracted driving policies Under OSHAs General Duty Clause, it is part of an employer's legal duty to provide a safe working environment which includes keeping its drivers from texting while driving
- 23. E-Cigarette Use in the Workplace
- 24. The use of e-cigaretteselectronic, vapor-based cigarettes aka e-cigsis on the rise in the US as an alternative to cigarettes and cigars.
- 25. 2 1 The IssueS: Some individuals have reported to the FDA that exposure to e-cig vapor has prompted respiratory problems, nausea, headaches, coughing and irritation to the eyes, nose and throat 3 states to date (CO, NJ + TN) and several local governments have implemented laws that prohibit e-cigs in the workplace
- 26. Reasonably Accommodating Pregnant Women
- 27. Over the past year, there is growing trend to provide equal access and reasonable accommodations to pregnant women in the workplace. The US Supreme Court recently addressed this issue in Young v. UPS.
- 28. 2 1 The IssueS: In July 2014, the EEOC released comprehensive guidance regarding accommodating pregnancy in the workplace ranging from granting leave to temporarily reassigning job duties For new mothersproviding lactation accommodations and breastfeeding support may also be included
- 29. Wellness Programs Conflicting with ADA, GINA + FMLA
- 30. With the ACA providing incentives for workplace wellness programs, an increasing number of employers today are offering them as a way to help employees be healthy and manage health care costs.
- 31. 2 1 The IssueS: As part of a wellness program, a health risk assessment may be administered that could present conflicts with HIPAA, ADA + GINA regulations The EEOC has been cracking down on pursuing and penalizing employers who implement involuntary wellness programs
- 32. Growing Acceptance of LGBT Rights + Same-Sex Marriage
- 33. 2014 was a historic year for gay rights and the rights of same-sex couples to marry. To date, 36 states permit same-sex marriage.
- 34. 2 1 The IssueS: In US v. Windsor, the Defense of Marriage Act was declareddefining marriage as only between man and woman and limiting the term "spouse" to an individual of the opposite sex, unconstitutional July 2014President Obama signed Executive Order 13672 which prohibits discrimination against employees & applicants based on sexual orientation and gender identity
- 36. According to a 2014 Workplace Bullying Institute survey, 27% of Americans have suffered serious bullying and abusive conduct at work.
- 37. 2 1 The IssueS: Workplace bullying may be particularly hard to define because it covers a wide range of conduct and behavior including physical threats, hostile words or any actions intended to interfere with an employees work Bullying can lead to decreased employee productivity and morale, workplace violence, workers compensation claims and health care costs, absenteeism and an array of potential lawsuits
- 39. In the past year, domestic violence has made major headlines in professional sports and reminded employers that domestic violence is a very real issue that can negatively impact the workplace.
- 40. 2 1 The IssueS: 3 Failure to properly manage domestic violence victims can lead to potential lawsuits under Title VII and the ADA and similar state laws An employer may face tort liability or liability under OSHA for failing to provide a safe and secure workplace free from hazards Claims of discrimination may arise for denying time off to the victim
- 41. Minimum Wage and Wage + Hour Laws
- 42. In 2014, over half of the states and a handful of municipalities raised their minimum wage. In 2015, the Department of Labor (DOL) will increase enforcement efforts and will not hesitate to pursue employers who violate wage and hour laws.
- 43. 2 1 The IssueS: Violators of wage & hour laws could face fines, penalties, increased risk to civil lawsuits and potential criminal prosecution February 2015the DOL is set to release new overtime rules in which it will revise the overtime exemptions & increase the availability of overtime pay
- 44. Providing Workplace Protections for Interns + Volunteers
- 45. A growing movement among the states to enforce laws that provide workplace protections to interns and volunteers have already been passed in CA, IL, NY, OR + DC.
- 46. 2 1 The IssueS: 3 Under such laws, an employer is prohibited from discriminating against and/or harassing interns based on protected status A discrimination and harassment free workplace and basic civil rights should be afforded to all, regardless of employment status Interns & volunteers are granted the same protections as employees
- 48. 2014 marked the year that the Ban the Box trend really started to spread as more states and cities have enacted or proposed such legislation.
- 49. 2 1 The IssueS: Ban the Box initially only applied to public employers but is now starting to cover private employment The EEOC has supported Ban the Box measures and encourages employers to conduct an individualized assessment in light of criminal background disclosure
- 50. Download our FREE Whitepaper! New Year = New Challenges Are you prepared? Get tips and resources on how to respond and stay legally compliant with this years new challenges & emerging trends. Download Now
- 51. . Legal Editor at XpertHR @BethZoller1
- 52. Ensure you are up-to-date with new laws and emerging trends with
- 53. Save time researching Search once find it all with a single comprehensive resource Mitigate Risk Stay ahead of ever-changing laws with attorney-written content All-in-one online service to help you manage your day-to-day HR and compliance tasks. Get daily compliance support Get practical guidance on how to solve every day employee challenges
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