2019 brought many changes and challenges to the world of labor and employment – and we expect 2020 to be no different. From drug testing to immigration, the following are issues that those in the labor and employment industry should be prepared to tackle in 2020.
State Medical Marijuana Laws & Drug Testing
As more states enact legislation for the legalized use of marijuana in one form or another, employers struggle to find safe ground for their drug-free workplace policies and drug testing policies in 2020. Our attorneys will attempt to provide guidance and advice for employers in coping with this dilemma and in responding to potential conflict between such state laws and employer policies.
Leave Sharing Programs and Potential Tax Consequences
More employers are implementing policies which allow employees to share or donate accrued and unused leave time to co-workers in need. A significant increase in such policies was seen in 2019 and is expected to continue into 2020. Such policies certainly have advantages for both employer and employees – however, many employers, and most employees, are unaware of the potential tax consequences such programs can have on the employee donating the leave if the policy or program is not properly drafted and utilized. By addressing the IRS guidelines and offering advice, our attorneys will work to help employers minimize or avoid negative tax consequences on the generosity of donating employees when implementing such policies and programs.
FLSA – New Exemption Threshold
In 2019, the Department of Labor issued its new final rule pertaining to overtime exemption. Under this final rule, the “salary test” is increased from $455 a week to $684 a week and takes effect Jan. 1, 2020. Employers should not be caught off guard. To hopefully minimize the impact of the pending increase in your payroll, our attorneys will provide some guidance and advice moving forward under the new final rule.
Continuing Issues Under #MeToo Movement
Further litigation under the #MeToo Movement in 2020 is anticipated, as there was no slow-down in these cases in 2019. Our attorneys will offer guidance for appropriately investigating and responding to #MeToo claims against the company in 2020.
Butler Snow’s labor and employment practice represents private and public sector employers throughout the United States in every aspect of the employment relationship. At the core of the practice is a philosophy that preventative advice and action are the most efficient means for resolving and preventing workplace disputes. Butler Snow excels in providing counseling, training, litigation defense, traditional labor relations representation and immigration services for employers. For more information about the practice, click here.
Timothy W. Lindsay has practiced exclusively in the area of labor and employment law since 1987 and possesses extensive experience in defending public and private employers against claims involving a wide variety of state and federal labor and employment laws.