2018 Employment Law Hot Topics Delmarva -SHRM Presentation March 20, 2018 Presentation By: Richards, Layton & Finger, P.A. Jennifer C. Jauffret and Lori A. Brewington

Transgender Protections DOL repeals ban on transgender discrimination in the workplace.

Work Place Harassment -#MeToo and #TimesUp

Joint Employment DOL rejects Obama-era guidance NLRB overturns Obama-era joint employment ruling

Proposed FLSA Overtime Rule The DOL predicted in its Fall Regulatory Guidance, published December 14, 2017, that it will issue a Proposed Overtime Rule by October 2018. The DOL is expected to raise the salary threshold for White Collar Exemptions, but not as high the Obama Administration.

Greater Deference to Handbook Policies Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004) decision Under Lutheran, the Board set out a test for when the rule of any employer- unionized or not- will violate the NLRA. This rule included examination of whether employees would reasonably construe the rule’s language to prohibit protected, concerted activity. The rule has been applied to strike down social media and confidentiality policies under the Obama Board. But Lutheran was overturned December 14, after Republicans assumed control of the Board. Now that it has been overruled employers should expect to receive more latitude for the policies that are neutral on their face, such as confidentiality policies.

OSHA Rules and Drug Testing Policies

DOL set to review FMLA Forms The DOL completed updates to FMLA Forms and extended its expiration date to May 2018. Watch for any changes to the form after May and ensure only the most current version is used for Employee Leave Requests.

EEOC Statistics Strategic Plan for FY 2018 – FY 2022

Marijuana Marijuana in the Workplace Delaware’s Adult Use Cannabis Task Force HB 110

Paid Leave Parental Bereavement Act would entitle eligible employees to up to 12 weeks of leave during any 12 month period due to the death of a child. Federal Family Leave for Parental Involvement in Education Act would enable an employee covered by the Family Medical Leave Act to take time out to participate in his or her children’s and grand-children’s education.

Paid Sick Leave Paid Sick Leave Delaware Paid Sick Leave Maryland DE State Workers (HB No. 283) Paid Sick Leave Maryland Maryland’s “Sick and Safe Leave” Law

DE Proposed Minimum Wage Bill Delaware’s Proposed Minimum Wage Bill (SA No. 3 to SB No. 10)

Pay Equity Pay Equity Laws Wage Disclosure Bill (HS No. l for HB No. 1)

DE Equal Rights Delaware Equal Rights Amendment (H.B. 299) AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL PROTECTION.