1. Navigating the HR Highway
Recognizing new stops, detours and bypasses
Robert J. Roux
Louisiana Workforce Commission

2. Robert Roux, la Workforce Commission
Phone: (225)

4. EMPLOYMENT LAW
Incorporates all rights and responsibilities within an employer/employee relationship.

5. EMPLOYMENT LAW CREATED via Legislation via Regulation and Rule
United States Supreme Court
Executive Orders

6. Employment law
Enforcement
USDOL
EEOC
NLRB
OFCCP
Others

7. EMPLOYMENT LAW - Changes

8. Fmla and other benefits
Obergefell v. Hodges
Affirmed Same-Sex Marriage

9. RELIGION EEOC v. Abercrombie & Fitch
The company’s failure to accommodate a job applicant who wore a hijab violated civil rights law.

10. SEX
Macy v. Holder
Transgender people are protected by Title VII’s prohibition on sex discrimination in the workplace.
Sexual orientation
Sexual Identity

11. SEX
Non-discrimination also applies to bathrooms.

12. Young v. United Parcel Service
PREGNANCY
Young v. United Parcel Service
An employer who refuses a pregnant employee’s request for an accommodation is guilty of discrimination if others with similar restrictions have been granted accommodations.

13. FLSA Threshold defining EXEMPT employee From $23,660 ($455/week)
To $47,476 ($913/week)
Plus annual adjustments

14. FLSA Integrity Staffing v. Busk Clarified Compensable work
Activity must constitute a “principal activity” of the employees’ job.
And activity must be “integral and indispensable” to their jobs.

15. Independent Contractor
Determination
A worker who is “economically dependent” on an employer is considered to be an employee.

16. Independent Contractor
“Most workers are employees under FLSA’s broad definition!”

17. Employment Law Trends The Future?
E.O
Minimum Wage
$10.10/hour
Tipped employees - $4.90/hr

18. Employment Law Trends The Future?
E.O
Pay transparency

19. EXECUTIVE ORDERS
E.O
Prohibits LGBT Discrimination on basis of sexual orientation or gender identity
EEO clause/tagline must include “sexual orientation” and “gender identity.” ‘LGBT’ is not acceptable to use.

20. Employment Law Trends The Future?
E.O
Providing Paid Sick Leave
Up to 56 hours/year
1 Hr. Sick Leave per 30 Hrs. of Work

21. Employment Law Trends The Future?
Fair Pay and Safe Workplaces Executive Order
Companies with history of employee rights violations should not receive federal contracts

22. Fair Pay and Safe Workplaces Executive Order
Disclose recent violations of various workplace laws before being awarded federal contracts.
Provide wage notifications to employees and notify independent contractors of their non-employee status.
Refrain from requiring
employees to sign pre-dispute
arbitration agreements

23. NLRB
SOCIAL MEDIA
Section 7 of the National Labor Relations Act allows employees to “engage in …concerted activities for the purpose of… mutual aid or protection.”
Offensive language may be protected!

24. NLRB
SOCIAL MEDIA
Facebook “Likes” can be protected concerted activity.

25. NLRB EMPLOYER OWNED TRACKING DEVISES – GPS
Not an “Unfair Labor Practice”

26. NAVIGATING THE HR HIGHWAY
BE CAREFUL!
ANY QUESTIONS?