Every day, employers face an evolving landscape of labor and employment legal challenges. Navigating these challenges requires thoughtful planning and skilled guidance in order to maintain an accommodating and legally sound workplace. Together, Jones Walker’s Labor & Employment Practice Group and Employee Benefits Team have put together a list of key issues that impact business operations helping employers understand these issues and ensuring their business remains compliant.

Accommodation and Leave

• Americans with Disabilities Act (ADA) issues concerning reasonable accommodations and the interactive process
• Leave requirements under the ADA and applicable state and federal laws
• Pregnancy accommodation requirements
• Latest hot topic issues under the Family & Medical Leave Act

Wage and Hour

• Fair Labor Standards Act (FLSA) classification issues and navigating the salary basis and duties tests under the FLSA
• Impact of incentive bonuses on overtime rates
• Proper recording of employee worktime

Employee Benefits

• Employer group health plan coverage remaining in effect for employees who are on leave or no longer working full time and who under the terms of the plan should be issued a COBRA notice
• Failure to properly compute compensation for purposes of 401(k) deferral and matching contributions
• Rehired employees who should be immediately eligible and vested under the employer’s 401(k) plan, based on prior service
• Self-funded health plans that have not completed a non-quantitative treatment limitation (NQTL) analysis (regarding mental health parity requirements)
• Lack of a prudent process for review of 401(k) investments and fees or regular RFPS for recordkeeper services, risking class action litigation for breach of fiduciary duty

Workplace Management

• Handling employee complaints
• Employee leave situations
• Minimizing the risk for discrimination claims in connection with terminations
• Social media violations — evaluating discipline/terminations in the context of compliance with the National Labor Relations Act

Health and Safety

• Proper Occupational Safety and Health Administration (OSHA) recordkeeping
• Benefit of company internal OSHA audits
• Assistance in handling OSHA inspections
• Trump administration changes and effects on enforcement

Immigration Compliance

• Immigration and I-9 compliance/ICE raids and proper handling given the new White House administration