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