Hot Topics in Employment Law 2015 Tina Harkness

Hot Topics in Employment Law 2015 Tina Harkness, Esq. , SPHR

SCOTUS Update DOL can change its mind without notice or comment EEOC conciliation efforts subject to judicial review Same-sex marriage legal in all 50 states

SCOTUS Update Knowledge not required if need for religious accommodation motivated employment decision SCOTUS’s next term

Affordable Care Act • Survives federal subsidies challenge • Prepare for full implementation of employer mandate January 2016 • Section 6055 and 6056 reporting • Cadillac tax

Agency Update

Fair Pay and Safe Workplaces EXEMP T OR NON-

Independent Contractors Many class actions IRS audits MOUs with state agencies DOL Administrator’s Interpretation July 15, 2015

Pregnancy EEOC guidance Young v. UPS Is accommodation required?

Sexual Orientation/ Gender Identity EEOC more aggressively pursuing LGBT issues OFCCP rule prohibiting sexual orientation and gender ID discrimination OSHA issues guidance on restrooms for transgendered workers

Wellness Programs Comply with HIPAA, GINA, and ACA EEOC suits EEOC rule re ADA

Marijuana Controlled Substances Act Not required to “accommodate” Coats v. Dish Network

Federal Contractors • Self-identification • Pay transparency • Benchmarks and utilization goals • Equal pay report • LGBT discrimination • Minimum wage • Sex discrimination • Blacklist

Legislative Update

Trends Worth Watching Proliferation of state and local laws Increased regulatory activity and energy Agencies testing their limits How the courts have responded

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