envision, strategize and actualize trends & issues to watch for in 2016 anna elento-sneed...

envision, strategize and actualizeenvision, strategize and actualize

Trends & Issues to Watch For In 2016

Anna Elento-SneedJanuary 2016

Webinar Wednesdays

Copyright © 2015 ES&A, Inc. • All Rights Reserved • Confidential and Proprietary <#>

DISCLAIMER

This presentation is provided for informational purposes only and is not intended and should not be construed to constitute

legal advice.

Please consult an attorney if you have specific legal issues.


TRENDS TO WATCH … CLOSELY• Growth in Use of Contingent Workers• Increasing Workforce Diversity• Demands for Work-Life Balance• Proliferation of Technology in the Workplace• Politicization of the Workplace • Aging Labor Force


CONTINGENT WORKERS

• The Trend– Full time employees are becoming an anachronism– Contingent workers may become the “new norm”– Contingent workers include:

• Part time workers• Temporary contract employees• Workers from subcontractors or affiliates • Workers of franchisees• Staffing agency workers• Employees from PEOs• Independent contractors


CONTINGENT WORKERS

• The Issues– Misclassification of employees as independent contractors

• Uber (USDOL, Hawaii DLIR)(drivers)– Challenges to wage & hour exemptions

• Home Care Association v. Weil (USDOL)(exemptions for home health care workers)

– Franchisor liability for actions of franchisees• McDonalds (NLRB)

– Joint employer arguments• Browning Ferris Industries of California (NLRB) (staffing agency workers)• Miller & Anderson Inc. (NLRB) (unionization of workers employed

simultaneously by separate companies)


CONTINGENT WORKERS

• The Impact On Employers– Increased government agency investigations

• Federal - NLRB, USDOL, IRS• State – Unemployment Insurance Division, Wage Standards Division,

Disability Compensation Division– Lawsuits, particularly class action lawsuits– Union organizing – Increasing labor costs


WORKFORCE DIVERSITY

• The Trend– Demographics of American workforce is changing

• Race• Sex• Education • Age (see discussion below)

– Congress, state legislatures and courts are expanding protected classifications and concepts of equal employment opportunity

– Protected groups are becoming more assertive • Disabled• LGBT• Religious • Ethnic groups


WORKFORCE DIVERSITY

• The Issues– Understanding new or expanded protected classifications

• Sex (male, female, transgenders)• Gender identity and expression• Sexual orientation

– Defining the limits equal employment opportunity• Equal treatment (transgenders, same sex marriage)• Reasonable accommodation (disabled, work injuries, pregnancy, mental

impairments, religious)– Managing competing interests

• Religion v. sexual orientation • Disabled employees v. replacement hires• Harassment


WORKFORCE DIVERSITY

• The Impact On Employers– Balkanized workforces– Increased government agency investigations:

• Federal – EEOC, OFCCP, OSHA• State – HCRC, DLIR Wage Standards Division (work injury cases)

– Lawsuits, particularly class action lawsuits


WORK-LIFE BALANCE

• The Trend– Employees requiring time off to care for aging parents,

children and/or grandchildren– Employees seeking flexible work schedules– Employees demanding living wages


WORK-LIFE BALANCE

• The Issues– Paid sick leave• Government contractors• Hawaii State Legislature

– Increases in minimum wage – Limitation of FLSA exemptions• USDOL regulations on salary test

– Flexible work schedules– Telecommuting• EEOC guidelines on reasonable accommodations


WORK-LIFE BALANCE

• The Impact On Employers– Increased labor costs • Wages• Benefits

– Union organizing– Staffing challenges


TECHNOLOGY IN THE WORKPLACE

• The Trend– Technology has become ubiquitous• More and more functions are being automated• Technology & software is constantly updated

– Technology is increasing productivity expectations and eliminating jobs

– Bring Your Own Device programs are becoming popular• Smart phones• “Wearable” devices

– Government cannot keep up, so businesses are “filling” the gaps


TECHNOLOGY IN THE WORKPLACE• The Issues– Reductions in force– Skill gaps & training challenges– Non-compete agreements– Confidentiality agreements– Cybersecurity issues – Electronic discovery issues– Lack of regulation, lack of uniformity, incompatibility of

systems– Government entities creating problems rather than

helping to solve them


TECHNOLOGY IN THE WORKPLACE

• The Impact On Employers– Job security issues– Poor employee morale– Loss of trust– Lower productivity and performance– Privacy concerns–Management stress


POLITICIZATION OF THE WORKFORCE

• The Trend– Agencies are more liberal– Courts are more conservative– Congress is too polarized agree on anything– And it’s an election year!



• The Issues– NLRB’s “revision” of long-standing rules/concepts

• Quickie election• Rules on social media and handbook policies• Joint employer rules

– Congress’ fight on• Affordable Care Act• NLRB authority• EEOC class action cases

– U.S. Supreme Court cases on class action lawsuits• Tyson Foods (FLSA case)• Associated Builders & Contractors of Texas v. NLRB (“quickie election” rule)



• The Impact On Employers– Quickie NLRB elections– Constantly changing rules– Litigation over compliance issues– Loss of productivity–Management stress


AGING LABOR FORCE

• The Trend– There are growing numbers of older workers in the labor

pool• The “retirement age” has gone up• More and more workplaces have 3-4 generations of employees

– “Baby boomers” are expected to retire in the next 5-10 years• Significant retirements are expected in the public sector• Major industries (e.g. tourism) also anticipate significant

retirements


AGING LABOR FORCE

• The Issues– Disability accommodations– Performance standards

• Physical abilities• Mental abilities

– Benefit costs• Medical coverage• Retirement plans

– Generation gap • Communication challenges• Discrimination & harassment claims


AGING LABOR FORCE

• The Impact On Employers– Increased labor costs– Skill gaps• Loss of experience• Lack of technical skills

– Loss of productivity–Morale problems– Government agency investigations– Litigation


BOTTOM LINE• Continued volatility in labor & employment laws– Lack of clear “direction” from government– Lot of “talk” due to upcoming elections

• Uncertainty in the quality and size of the labor pool• Continued pressure on employers to “make do” with the

human resources they have– Alternatives to employees– Technology innovations

• Stressful workplaces• More litigation• Possible resurgence in unionization


FOR MORE INFORMATION

• If you have any follow up questions, email us at – [email protected]– [email protected]

• For access to these materials, email [email protected]

• Watch for ELA webinar on 2015-2016 cases• Our next webinar will cover – The IRS and the Affordable Care Act

mailto:[email protected]



envision, strategize and actualize trends & issues to watch for in 2016 anna elento-sneed...

Documents