Florida Human Resources

People & Strategy     

FLHRPS Orlando Meeting - Nova Southeastern University - July 28 - Speaker Juan Lopez of Wilson Elser Moskowitz Edelman & Dicker LLP - "Labor Law Updates"

  • 28 Jul 2015
  • 8:00 AM - 10:00 AM
  • Nova Southeastern University - Room 111 - 4850 Millenia Blvd, Orlando

Registration

  • No Cost for FLHRPS Members or
    Visitors.

Registration is closed

2015-16 Employment Law Updates

(NOTE: we have revised the topics to include late breaking developments in employment law)

We look forward to seeing you on July 28th for this very important program presented by employment attorneys Juan Lopez-Campillo and Angela Duerden.  We also wanted to reach out to all those registered and encourage you to bring a guest if you have not already thought of that.  We always have plenty of room and coffee, of course.  Guests are always welcome and of course, there is no charge for guests.

Please register any guests and join us on July 28th at 8AM for our next Florida Human Resource People & Strategy (FLHRPS) meeting in Orlando, Florida at Nova Southeastern University near Millenia Mall, when employment attorneys Juan Lopez-Campillo and Angela Duerden of Wilson Elser Moskowitz Edelman & Dicker LLP will present: 

Breaking Developments in Wage/Hour Law

On July 6, 2015, the U.S. Department of Labor announced its intention to limit those covered by the Fair Labor Standards Act’s white-collar exemptions by increasing the salary basis in 2016 to $970 per week or $50,440 per year.  A little over one week later, the Wage and Hour Division of the DOL published an Administrator’s Interpretation stating that the appropriate test to determine whether a worker is an employee or an independent contractor under the FLSA is the multi-factorial “economic realities” test.  Applying this test, the DOL reasoned that most workers are employees under the FLSA, rather than independent contractors.  We will discuss these developments and their impact on business.

NLRB’s New Joint Employer Standard

The National Labor Relations Board is poised to issue a decision that could significantly affect your workplace.  The Browning-Ferris Industries of California, Inc., et al., v. Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters will decide the standard for determining joint employer status - a standard that the NLRB has indicated that it wants to alter.  With President Obama’s appointees filling all five seats at the NLRB, the odds favor a decision that will abandon the historic test for joint employers in favor of a test that sweeps most outsourcing arrangements into joint employment.  We will discuss this development and its impact on business.

Ban-the-Box Legislation

States and local jurisdictions are increasingly adopting ban-the-box legislation designed to provide job candidates with an arrest or conviction with more opportunities to be evaluated on their skills and experience when applying for positions with private employers.  We will discuss steps you can take to comply with ban-the-box legislation and other issues surrounding criminal background checks.

Complying with Union Regulations

Some employers are surprised to learn the National Labor Relations Act applies to all employers – not just those with unions.   Even more surprising is what constitutes “protected concerted activity” according to the NLRB.  The NLRB’s recent focus on Section 7 rights in the workplace, especially with regard to employee handbooks, corporate policies, and posts on social media, may create potential liability where once there was none.  We will discuss what non-unionized employers can do to protect themselves from an unfair labor practice charge.

LGBTQ Workplace Issues

We will discuss the impact of the landmark Supreme Court case of Obergefell v. Hodges and other court decisions on the workplace.

Marijuana Legalization and Drug-Free Workplace Policies

To date, four states and the District of Columbia have legalized recreational marijuana use.  Eleven other states have legalized medical marijuana use.  The measure to legalize medical marijuana will again be in front of Florida’s voters next year.  How does the states’ legalization of marijuana affect an employer’s drug-free workplace policies? 

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