HOT EMPLOYMENT LAW TOPICS PRESENTED BY:

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1 HOT EMPLOYMENT LAW TOPICS PRESENTED BY: Julie E. Reid li id

2 Background Information Attorney in Blank Rome s Employment, Benefitsand Labor Practice Group Concentrate practice in employment law Experienced in counseling clients regarding all aspects of the employment relationship, and in employment litigation Admitted in Pennsylvania and NewJersey; practice is national in scope Based in the firm s Philadelphia office Direct Dial: Reid@BlankRome.com

3 Top Ten Employment Law Topics Layered Employment Rights The Employment Relationship: Is At Will Right for You? Independent p Contractors versus Employees Protection of Confidential Information Wage and Hour Concerns

4 Top Ten Employment Law Topics Personnel Management Training and Recordkeeping Personnel Management Training and Recordkeeping Preventing Discrimination and Harassment Claims Time Off and Leaves of Absence Social Media and Mobile Devices Recent State and Local Trends

5 More Employee Rights Layered Employment Rights You Must Know Where You Operate Must Know Where You Operate Local State Federal

6 At Will Employees Presumption that employees are employed at will May be altered by contract Specified term of employment Set notice period before termination Termination only for specified reasons Consider C setting forth thterms in an offer letter ltt Do you need an employment contract? What about an Employee Handbook?

7 Independent Contractors v. Employees Federal and State Departments of Labor havecracked down on misclassification Avoid tax payments, as well as workers comp and unemployment comp payments IRS and States apply tests based on a number of factors Case specific specific, butturnson turns how muchcontrol control employer has over worker For independent contractors, consider using written agreements One situation can prompt an audit, or a class action

8 How to Protect Confidential Information Technology Technologymakes theftof information mucheasier What are you doing and what can you do to protect against theft? No one size fits all approach beware of form agreements Non Disclosure/Confidentiality Clauses Non Solicitation Non Competition Consider: What is important to your business? And, how can this person harm your business if he or she leaves?

9 Wage and Hour Concerns Exempt versus non exempt Determine up front and periodically review Utility of job descriptions Presume non exempt, unless Paid on a salary basis at least $455/week (may be higher under state law) Duties fit within a recognized exempt category If non exempt Must pay 1.5x regular rate of pay for all hours worked over 40 in a workweek; keep records of all hours worked Cannot contract away

10 Personnel Management Pre Hire Considerations (background checks, drugtests) Training managers and non managers Communicating g avenues for employees to raise concerns Proactive v. reactive Process for documenting concerns Performance standards and appraisals Personnel files Termination processes Separation agreements, Exit Interviews, Letters of Reference

11 Preventing Discrimination Claims Know what the Federal, State, and Local Laws Provide Adopt and Know Your Policies EEO, Anti Harassment, Reporting Procedures, No Retaliation Monitor the Environment Promptly investigate andtake corrective action if needed Document facts and findings Ensure no Retaliation Timing is Everything Timely notification to insurers

12 Time Off and Leaves of Absence Various federal and state laws to consider if applicable FMLA (50 employees within 75 miles) ADA (15 employees) State laws (PHRA 4 or more employees; NJ State Disability Leave) Workers comp Is the person disabled, or is there a serious health condition? Leave as an accommodation Does time off have to be paid? Paid/unpaid time off policies (vacation, sick leave)

13 Proliferation of Social Media and Mobile Devices Is it smart to friend applicants and employees? Pre employment searches and requests for passwords On duty and off duty conduct Utility of social media to achieve business goals Consider adopting a policy or guidelines to address NLRB concerns not just for unionized workforces Managing mobile devices Company issued or employee s own device Privacy and security issues

14 Recent State and Local Law Trends Limitations on Criminal History Inquiries Laws Prohibiting Discrimination Against the Unemployed Pregnancy Accommodation Laws Paid Sick Time Acts Time Offforfor Domestic Violence/Sexual Assault Victims

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