1. 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

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

3. Work Place Harassment
-#MeToo and #TimesUp

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

5. 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.

6. 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.

7. OSHA Rules and Drug Testing Policies

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

9. EEOC
Statistics
Strategic Plan for FY 2018 – FY 2022

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

11. 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.

12. 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

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

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

15. 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.