1. © 2017 Hinman, Howard & Kattell, LLP - Attorney Advertising
Human Resources Issues for the Multi-Generational Workforce June 6, 2017
Dawn J. Lanouette
Hinman, Howard & Kattell, LLP
80 Exchange Street, PO Box 5250
Binghamton, NY
(607)
© Hinman, Howard & Kattell, LLP - Attorney Advertising

2. © 2017 Hinman, Howard & Kattell, LLP - Attorney Advertising
Disclaimers
This presentation is not intended to be legal advice. It is for information only.
This may be considered attorney advertising. You should not rely on it as legal advice.
Please contact an attorney to discuss your specific situation.
© Hinman, Howard & Kattell, LLP - Attorney Advertising

3. Social Media

4. Social Media Statistics
1.28 billion people log onto Facebook daily (18% increase year over year) (Source: Facebook as 05/03/17)
6,000 Tweets per second
500 million videos and photos per day on Instagram
34% of workers surveyed by Pew in 2014 said they used social media to take a break from work

5. Social Media Legal Issues
Privacy
Concerted Activity
Criticism of Supervisors
NLRB v. Pier 60 (April 2017)

6. Tattoos, Piercings, Dress Code
47% of those 35 and younger had one or more tattoos
3 in 10 adults have tattoos

7. Legal Rules v. Practical Reality
“In general, an employer may establish a dress code which applies to all employees or employees within certain job categories.  However, there are a few possible exceptions.”
--EEOC
--EEOC Guidance

8. Exceptions (Dress Code)
National Origin
Religious Dress
EEOC v. Abercrombie & Fitch
Disability Accommodation

9. Exceptions (cont.) (Dress Code)
What about Gender?
May Have Differences that conform to gender norms (i.e. pierced ears, long hair)
OFCCP Guidelines prohibit Gender Stereotyping (eff. August 15, 2016) 40 C.F.R. 60
Union Insignias

10. Marijuana 70% Favor Medical Legalization in some form
58% overall favor Legalization
62 % among adults under 30
56 % among those aged 30 to 49
49 % among those aged 50 to 64
31 % among those over 65
--October 2015 Gallup Poll

11. Compassionate Care Act, NY Public Health Law 3360
Medical Marijuana
Compassionate Care Act, NY Public Health Law 3360
Medical Marijuana use is a disability under Reasonable Accommodation Law
Do Not Have to Accommodate Impairment at Work
Do Not Have to Violate Federal Law or Lose Federal Contract or Funding
Statute Prohibits Use in Public Places

12. Marijuana Legal Issues
Medical Marijuana--Compassionate Care Act (N.Y. Pub. Health Law § 3360)
Recreational Use in Legalized Form
Marijuana Tourism

13. Technology

14. Technology: Legal Issues
Privacy and Security
Personal Devices
Age Discrimination Claims
FLSA Wage and Hour Claims

15. Paid Family Leave

16. Paid Family Leave Important Dates
June 1—Commissioner Set the Rates
July 1—Deductions from Pay checks start (remember to tell employees at least 7 days in advance)
January 1, 2018—Paid Leave Begins

17. Paid Family Leave—Overview
Job Protection and Health Insurance Protection for Employees
Covered Employee--Full time employment for 26 weeks or part-time employment for 175 days
Leave may be taken for Birth, Adoption, Foster Care, Serious Health Issue of immediate family member, Military Exigency Leave
Has Required Notices
Contains process for Eligibility Verification
Contains a no retaliation/discrimination provision
Dispute resolution is arbitration

18. Paid Family Leave (cont.)

19. Paid Family Leave (cont.)

20. What to Do Now? Realistically assess your workforce and business needs
Update your employee handbook
Have strong on boarding
Train Front Line Managers and Supervisors

21. QUESTIONS??
Most images courtesy of  Ryan McGuire at Gratisography.com