Workplace Changes and Challenges: Hot Topics and Emerging Employment Law Issues (Self-Study)

Course Description

The 21st century American workplace is undergoing a rapid transformation fueled by technological advancements, dramatic shifts in social and cultural paradigms and increased connectivity. Many current workplace issues are not adequately addressed by historical labor and employment laws. Local, state and federal laws are being enacted or modified to address relevant current issues. It is critical that employment lawyers are monitoring emerging issues and remain current on new laws or modification of existing laws in their jurisdictions of practice.

This course will provide a general overview of each emerging issue, as well as summary of applicable laws, selected legal considerations and a lively discussion of practice-pointers, for litigators and general counsel, designed to optimize the lawyer’s likelihood of obtaining a successful outcome or implementing an appropriate and compliant company policy.

Syllabus

1: Gig Workers and Alternative Employment Relationships

• Summary of the Gig Economy and its Impact on the American Workforce
• Independent Contractor v. Employee
• Compensation Issues
• Employment Law Protections
• Analysis of Key Cases

2: Legalization of Marijuana and Drug Policies

• Medical v. Recreational Marijuana Use
• Accommodating Marijuana Use
• Punishing Employees for Off-Duty Marijuana Use
• Drug Use and Impairment While at Work
• Drug Testing
• Review of State laws

3: E-Cigarette Laws

• Overview of E-Cigarettes/Vaping and Their Relationship to Smoking
• Legality of E-Cigarette Use in the Workplace (Federal v. State laws)
• Employment Policies Banning or Curtailing E-Cigarette Use at Work
• Disciplining an Employee for Off-Duty E-Cigarette Use

4: Social Media Password and other Privacy Protections

• Requiring Employee’s to Provide Social Media Passwords, Provide Access to Social Media Accounts or “Friending” Employer
• Employer Information Gathering and Unauthorized/Undisclosed Review of Employee Personal Social Media Accounts, E-mail, Blogs or other E-Communications
• Employer Collection, Storage and Use of Employee Biometric Data
• Employer Policies Restricting Employee Use of Personal Electronic Devices or Accessing Personal Accounts While at Work
• Survey of State Employee Privacy Laws

5: “Ban-the-Box” Laws and Limitations on Credit-Checks

• Summary of the purpose and existence of “Ban-the-Box” and Credit- Check Laws
• Issues on Job Applications and During Job Interviews
• Post-Hiring Inquiries
• Survey of State Laws

Instructors

Kathleen C. Chavez, Esq.

Elizabeth C. Chavez, Esq.