Jackson Lewis, one of the nation's leading employment law firms, covers top employment law trends for 2016 and beyond, including wage and hour laws, paid sick time, pregnancy leave, equal pay and much more.

1. TOP 10 THINGS YOU NEED
TO KNOW NOW ABOUT
EMPLOYMENT LAW

2. About the Firm
Represents 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 litigations
approximately 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

3. Strategically Located Throughout the
Nation to Serve Employers’ Needs
Locations Nationwide*
*Jackson Lewis P.C. is also
affiliated with a Hawaii-based firm
57

4. 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

5. 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)

6. 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)

7. 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

8. 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Outdated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

9. 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)

10. 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

11. 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

12. 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

13. 2. You Don’t Need A Crystal
Ball
EEOC’s Top 6 Enforcement Priorities
1. Eliminating barriers in recruitment and hiring
2. Protecting immigrant, migrant and other vulnerable
workers
3. Addressing emerging and developing issues
4. Enforcing equal pay laws
5. Preserving access to the legal system
6. Preventing harassment through systemic
enforcement and targeted outreach

14. 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!

15. Chase T. Samples
Jackson Lewis P.C. | Greenville Office
chase.samples@jacksonlewis.com
864-672-8034
Kristen M. Baylis
Jackson Lewis P.C. | Denver Office
kristen.baylis@jacksonlewis.com
303-876-2217