Concurrent Session. Jim Reidy

Transcription

1 Concurrent Session with Jim Reidy 1 How Many Employment Laws and Regulations Can you Comply with?....wait, there s still more! Review of Pending and Potential Workplace Laws and Regulations and their Impact on HR. 2 Good intentions can often lead to unintended consequences. It is hard to imagine a law intended for the workplace known to Henry Ford can serve the needs of a workplace shaped by the innovations of Bill Gates. Tim Walberg 3 1

2 Life is really simple, but we insist on making it complicated. Confucius 4 INTRODUCTION Labor and Employment law is like New England weather: if you don t like it, just wait a few minutes. Congress is still in a partisan deadlock, but federal and state agencies have still been very active. The New Hampshire legislature also continues to consider and adopt new workplace laws. Courts from state courts to the U.S. Supreme Court have ruled on, and are still considering, a wide variety of workplace legal issues promises another exciting year for HR professionals. This outline is intended as a preview of proposed laws/regulations, and enforcement activities as well as workplace cases pending before the U.S. Supreme Court. 6 2

3 OK, before we begin, how about a quiz? 7 How many states currently recognize same sex marriage? A. 25 B. 30 C. 37 D How many states currently permit medical marijuana? A. 42 B. 23 C. Seriously? Do I need a doctor s note? D

4 Which states have legalized recreational marijuana? A. So, I don t need that doctor s note? B. Colorado, Alaska, Washington, Denver and Alaska. C. Colorado, Oregon, Alaska and Washington D. Altered states? 10 Here is a true/false test regarding state laws that are still on the books. 11 In Alaska it is illegal to tie your pet to the roof of your car. True or False? 12 4

5 In Arizona it is illegal for men and women over age 18 to have less than one missing tooth visible when smiling. True or False? 13 In Colorado it is illegal to drive a tractor to work. True or False? 14 In Connecticut it is illegal to blow a whistle outdoors. True or False? 15 5

6 In Florida it is illegal for hot dog vendors to dress provocatively. True or False? 16 In Hawaii riding in the back seat of a car without a seatbelt gets you a fine but riding unfastened in the bed of a pickup truck is completely legal. True or False? 17 In Kansas it is illegal to say something rude on the phone. True or False? 18 6

7 In Maine you cannot be fired for testing positive for drugs or alcohol. True or False? 19 In Massachusetts men now get paternity leave and accommodations. True or False? 20 In Minnesota November 30 th is a state holiday known as Stay home because you are well day. True or False? 21 7

8 In Missouri employee absences related to tornado warnings and alerts must be documented for paid time off purposes. True or False? 22 In Rhode Island it is illegal to bring clams into the workplace. True or False? 23 In Pennsylvania, convicted felons may not be denied employment but can be banned from bingo. True or False? 24 8

9 In Vermont it is illegal to take your clothes off in public but, if you undress at home and then leave the house, that s perfectly fine. True or False? 25 Oh, you think other states have all the crazy laws? How about a few from New Hampshire workplace laws? 26 In New Hampshire you need NHDOL approval for Sunday work unless you are employed as: A fireman in a stationary plant; A person who sets sponges in a bakery; or An operator at a telegraph office. RSA 275:35 Sunday Work 27 9

10 Did you know it s illegal to deduct a negative balance of commission draws from an employee s final paycheck? RSA 275:42 VII 28 Employers cannot require employees to work more than 5 consecutive hours without permitting a 30 minute meal break. RSA 275:30-A 29 So, what happens when a shift is 5, 6 or 10 hours long? What if the employee isn t hungry? 30 10

11 And my favorite 31 If you accidently overpay an employee you cannot deduct the amount from his/her pay without written approval from the employee and even then the deduction cannot be more than 20% of the employee s paycheck. RSA 275:48 (d)(4) 32 Had enough? 33 11

12 Wait, wait there s still more. 34 Ok, how about some more proposed laws in New Hampshire and Congress 35 PROPOSED / PENDING WORKPLACE BILLS 36 12

13 NEW HAMPSHIRE LEGISLATION 37 HB 163 Title: Establishing a state minimum hourly rate Summary: Would re-establish a minimum hourly rate. Comment: There were five similar bills considered this session. Status: Inexpedient to Legislate. 38 HB 361 (New Title): Establishing a committee to study the definition of "employee" and the application of that definition to persons who work exclusively at home via the Internet for online business activities. Summary: Would establish a committee to study the definition of employee and the application of that definition to persons who work exclusively at home via the Internet for online business activities. Status: Passed the House with Amendment. Referred to Senate Commerce

14 HB 365 Title: Prohibiting an employer from using credit history in employment decisions Summary: Would establish the Employee Credit Privacy Protection Act which would prohibit employers from using credit history in employment decisions. Status: Inexpedient to Legislate. 40 HB 411 Title: Prohibiting the payment of subminimum wages to persons with disabilities Summary: Would prohibit employers from employing individuals with disabilities at an hourly rate lower than the federal minimum wage except for practical experience or training programs. Status: Passed the House with Amendment. Referred to Senate Commerce. Report filed: Ought to pass. 41 HB 496 Title: Prohibiting public employers from using criminal history in employment decisions Summary: Would prohibit public employers from inquiring into or considering the criminal record of an applicant for employment during the initial application process. Status: Laid on table

15 HB 600 Title: Relative to paid sick leave for employees Summary: Would require covered employers to provide paid sick leave for employees. Comment: Massachusetts just adopted a similar bill. Status: Inexpedient to Legislate. 43 SB 55 Title: Allowing private employers to establish a policy granting a veterans preference in employment decisions Summary: Would permit private employers to establish a policy for granting a preference to veterans in hiring, promotion, and retention decisions. Status: Passed the Senate. Referred to House Commerce and Consumer Affairs. 44 SB 156 Title: Prohibiting discrimination against employees who are victims of domestic violence, sexual assault, or stalking Summary: Would prohibit an employer from discriminating against an employee who is or has been a victim of domestic violence, sexual assault, or stalking. Would also provide enforcement through the NH Commission for Human Rights. This bill is a request of the committee to study the protection of employees from domestic violence, established in SB 390 (2014, 208:2). Status: Laid on table

16 HB 450 (New Title) relative to the definition of "employee" for the purposes of workers' compensation and unemployment compensation. Summary: Would clarify the definition of employee for purposes of determining an independent contactor. Status: Passed the House with Amendment. Referred to Senate Commerce. 46 BILLS PENDING BEFORE U.S. CONGRESS 47 Working Families Flexibility Act of 2015 (HR 465) Introduced in the House by Representative Martha Roby (R- Alabama) and referred to committee on January 22, Note: This is a reintroduction of HR 1406 (113th) into Congress. HR 1406 (113th) passed the House. (S 233) Introduced in the Senate by Senator Mike Lee (R-Utah) and referred to committee on January 22, Note: This is a reintroduction of S 1623 (113th) into Congress. S 1623 (113th) was not enacted. Summary: Would amend the FLSA to implement various adjustments to the system of compensatory time off between private employers and their employees. These changes include the rate at which compensatory time off accumulates, the notice requirements between the respective parties, and others. Also makes an employer who violates the requirements liable to the affected employee for the amount of the compensatory time accrue, plus certain liquidated damages. Requires the Comptroller General to report to Congress every three years on compliance

17 EEOC Transparency and Accountability Act (HR 550) Introduced in the House by Representative Tim Walberg (R-Michigan) and referred to committee on January 27, Note: This is a reintroduction of HR 4959 (113th) into Congress. HR 4959 (113th) was not enacted. Summary: Would direct the Equal Employment Opportunity Commission (EEOC) to provide information on its public website regarding each case brought in court by the EEOC after a judgment is made with respect to any cause of action. Amends the Civil Rights Act of 1964 to change how the EEOC must engage in informal conciliation before bringing suits. Directs the EEOC Inspector General to notify Congress of any sanctions, fees, or costs imposed on the EEOC by a court and to investigate such cases and report to Congress regarding the steps being taken to reduce such instances. 49 Worksite Reporting Act (HR 128) Status: Introduced in the House by Representative Gene Green (D-Texas) and referred to committee on January 6, Summary: Directs the Secretary of Labor to revise certain regulations under the Occupational Safety and Health Act of 1970 so as to require site-controlling employers to keep a site log for all recordable injuries and illnesses occurring among all employees on the particular site, whether such employees are employed directly by the site-controlling employer or are employed by contractors or temporary help or employee leasing services. 50 National Right-to-Work Act (HR 612) Introduced in the House by Representative Steve King (R-Iowa) and referred to committee on January 28, Note: This is the fourth consecutive session in which this bill has been introduced. (S 391) Introduced in the Senate by Senator Rand Paul (R- Kentucky) and referred to committee on February 5, Summary: National Right-to-Work Act Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement that is a union security agreement, to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union 51 dues or fees as a condition of employment). 17

18 End Pay Discrimination Through Information Act (S 83) Introduced in the Senate by Senator Dean Heller (R- Nevada) and referred to committee on January 7, Note: This is the third consecutive session in which this bill has been introduced. Summary: Amends the Fair Labor Standards Act of 1938 to revise the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a sex discrimination complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, including an investigation conducted by the employer. 52 Original Living Wage Act of 2015 (HR 537) Introduced in the House by Representative Al Green (D-Texas) and referred to committee on January Note: This and a closely related bill have been reintroduced under this name and under the name the Living American Wage (LAW) Act since the 109th Congress by the same sponsor. Summary: Would amend the FLSA to increase the minimum wage beginning September Requires the Secretary to determine such minimum wage rate by June 1, 2015, and once every four years thereafter. Prohibits any adjustment if the determination would result in a minimum wage lower than the current one. Sets out factors for calculating the new wage. 53 Hire More Heroes Act (HR 22) Introduced in the House by Representative Rodney Davis (R-Illinois) and referred to committee on January 6, (S 12) Introduced in the Senate by Senator Roy Blunt (R- Missouri) and referred to committee on January 6, Summary: This bill amends the Internal Revenue Code to add a provision to exempt any employee with coverage under a health care program administered by the Department of Defense, including the TRICARE program, or by the Veterans Administration, from classification as an eligible employee of an applicable large employer for purposes of the employer mandate under the Patient Protection and Affordable Care Act to provide such employees with minimum essential health care coverage

19 Save American Workers Act (HR 30) Introduced in the House by Representative Todd Young (R-Indiana) and referred to committee on January 6, The House passed the bill on January 8, Summary: This bill amends the Internal Revenue Code to change the definition of "full-time employee" for purposes of the employer mandate to provide minimum essential health care coverage under the Patient Protection and Affordable Care Act from an employee who is employed on average at least 30 hours of service a week to an employee who is employed on average at least 40 hours of service a week. 55 Immigration Innovation (I-Squared) Act (S 153) Introduced in the Senate by Senators Orrin Hatch (R- Utah), Amy Klobuchar (D-Minnesota), Marco Rubio (R- Florida), Chris Coons (D-Delaware), Jeff Flake (R-Arizona), and Richard Blumenthal (D-Connecticut), and referred to committee on January 13, Summary: The bill would change worker visas and the H-1B application by, among other things, increasing the cap from 65,000 to between 115,000 and 195,000 based on market conditions and existing demand. Makes various additional changes to the temporary visa processes. 56 Wounded Warriors Federal Leave Act (HR 313) Introduced in the House by Representative Stephen F. Lynch (D- Massachusetts) and referred to committee on January 13, 2015, (S 242) Introduced in the Senate by Senator Jon Tester (D-Montana) and referred to committee on January 22, Summary: Entitles any federal employee who is a veteran with a serviceconnected disability rated at 30% or more, during the 12-month period beginning on the first day of employment, to up to 104 hours of leave, without loss or reduction in pay, for purposes of undergoing medical treatment for such disability for which sick leave could regularly be used. Requires the forfeiture of any such leave that is not used during such 12- month period. Requires such employee to submit to the head of the employing agency certification that such employee used such leave for purposes of being furnished treatment for such disability by a health care provider

20 Federal Employees Paid Parental Leave Act (HR 532) Introduced in the House by Representative Martha Roby (R- Alabama) and referred to committee on January 26, Summary: Would amend the paid parental leave system for federal employees by, among other things, providing up to six weeks of paid leave in connection with the birth or placement of a child. 58 Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act (HR 1003) Introduced in the House by Representative Todd Rokita (R- Indiana) and referred to committee on February 13, 2015 (S 507) Introduced in the Senate by Senator Marco Rubio (R-Florida) and referred to committee on February 12, 2015 Summary: Amends the National Labor Relations Act to declare that neither its prohibition against interference by an employer with employees' right to bargain collectively, nor the terms of a collective bargaining agreement entered into between employees and an employer after enactment of this Act, shall prohibit an employer from paying an employee higher wages, pay, or other compensation than the agreement provides for. 59 Healthy Families Act (HR 932) Introduced in the House by Representative Rosa DeLauro (D- Connecticut) and referred to committee on February 12, (S 497) Introduced in the Senate by Senator Patty Murray (D-Washington) and referred to committee on February 12, Summary: Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least 1 hour of paid sick time for every 30 hours worked. Authorizes small employers with fewer than 15 employees to provide the same paid sick time, but allows them to opt out. Requires any small employer that opts out to provide at least 56 hours of unpaid sick time to each employee per calendar year. Declares that an employer shall not be required to permit an employee to earn more than 56 hours of paid sick time in a calendar year, unless the employer chooses to set a higher limit

21 Legal Workforce Act (HR 1147) Introduced in the House by Representative Lamar Smith (R- Texas) and referred to committee on February 27, Summary: This bill would require employers to check new hires authorization status. The requirement would begin in October 2016 and employers would check using the E-Verify system. 61 Preserving Employee Wellness Programs Act (HR 1189) Introduced in the House by Representative John Kline (R- Minnesota) and referred to committee on March 2, 2015 (S 620) Introduced in the Senate by Senator Lamar Alexander (R- Tennessee) and referred to committee on March 2, 2015 Summary: This bill would clarify rules relating to nondiscriminatory employer wellness programs as such programs relate to premium discounts, rebates, or modifications to otherwise applicable cost sharing under group health plans. 62 REGULATORY ACTION / ENFORCEMENT ACTIVITY 63 21

22 Equal Employment Opportunity Commission Enforcement Statistics On February 4, 2015, the EEOC released its Fiscal Year 2014 enforcement and litigation data. The agency received 88,778 charges of workplace discrimination and noted that the number of overall charges decreased, while retaliation claims reached a record high of 42.8% of the total charges filed (37,955 claims). The EEOC believes that the lower overall number is due in part to the government shutdown, as shown in the first quarter s 3,000-5,000 fewer filings than the other quarters. 64 Equal Employment Opportunity Commission Enforcement Statistics (continued) Coming in at second place are race discrimination, remaining steady at 35% (31,073 claims). The EEOC s enforcement programs produced $296.1 million in total monetary relief prior to the filing of litigation. Lawsuit wise, the EEOC s Office of the General Counsel filed 133 suits on the merits, which is slightly higher than the two previous fiscal years. Those suits produced $22.5 million in monetary relief. 65 Equal Employment Opportunity Commission Enforcement Statistics (continued) The remaining claims, in order of descending prevalence, were: Sex (including pregnancy and sexual harassment): 26,027 (29.3 percent) Disability: 25,369 (28.6 percent) Age: 20,588 (23.2 percent) National Origin: 9,579 (10.8 percent) Religion: 3,549 (4.0 percent) Color: 2,756 (3.1 percent) Equal Pay Act: 938 (1.1 percent) but note that sex-based wage discrimination can also be charged under Title VII's sex discrimination provision Genetic Information Non-Discrimination Act: 333 (0.4 percent) 66 22

23 New Hampshire Commission for Human Rights Statistics New Hampshire submitted 64 charges in FY 2014,.1% of the US totals. Of those submitted claims, 34.4% alleged retaliation, 32.8% alleged age discrimination, 31.3% alleged sexual discrimination, and 28.1 alleged discrimination on the basis of disability. 67 Office of the Federal Contract Compliance Program ( OFCCP ) Moving to Update Sex Discrimination Guidelines The Office of the Federal Contract Compliance Program issued a Notice of Proposed Rulemaking on January 28, 2015 that they intend to update their Sex Discrimination Guidelines. The updates will rescind outdated guidance as well as assuring the guidelines are better aligned with current law and better address the realities of the current workplace. The comment period ran from January 30th through March 31st. The proposed regulations aim to address, among other things, pay discrimination, sexual harassment, hostile work environments, lack of workplace accommodations for pregnant women, gender identity issues, and family caregiving discrimination. 68 The DOL Seeks to Address Employee Misclassification as Independent Contractors The DOL s Wage and Hour Division ( WHD ) is in the midst of a movement to rectify the misclassification of employees as other types of workers. Such misclassifications harm the employees and employers, as well as the country s economy as a whole. Misclassified employee s often lose out on critical benefits and protections to which they are entitled, including family and medical leave, overtime, minimum wage and unemployment insurance. Economically, misclassification results in losses to various important entities such as the Treasury, the Social Security and Medicare funds, and state unemployment insurance and workers compensation funds

24 THE IRS VOLUNTARY CLASSIFICATION SETTLEMENT PROGRAM (VCSP) In general Originally announced in 2011 and expanded in 2012, the VCSP is a voluntary program that permits taxpayers to reclassify independent contractor workers as employees for employment tax purposes. In exchange for voluntary compliance, the IRS reduces federal employment tax liability for past misclassifications and avoids addressing the cost and expense of engaging in audits. 70 THE IRS VOLUNTARY CLASSIFICATION SETTLEMENT PROGRAM (continued) In order to be eligible for amnesty and the reduced tax, an employer must: 1. have treated the workers in the past as nonemployees, 2. have filed all required IRS Forms 1099 for the workers for the previous three years, 3. not currently be under an employment tax audit by the IRS, and 4. not currently be under audit by the Department of Labor or a state agency concerning the classification of these workers. 71 THE IRS VOLUNTARY CLASSIFICATION SETTLEMENT PROGRAM (continued) The employer must apply to be accepted into the program at least 60 days prior to reclassifying an independent contractor as an employee. If accepted into the program, the employer will only have to pay taxes on the misclassified worker s compensation for the most recent tax year, even if the person was misclassified for multiple years, and all penalties and interest will be waived. Most states do not have a similar amnesty program

25 The DOL Revised the Definition of Spouse in the Family and Medical Leave Act ( FMLA ) to Include Same-Sex Spouses In June 2014, the DOL announced a proposed rule modifying the FMLA in several ways, the most potentially significant of which is expanding the FMLA s definition of spouse to extend to all eligible employees in legal same sex marriages, regardless of where the employees live. The notice of proposed rulemaking comes in part as a result of the Supreme Court s United States v. Windsor decision in which the Court struck down the Defense of Marriage Act provision that limited marriage and spouse to opposite-sex marriage under federal law. 73 The DOL Revised the Definition of Spouse in the Family and Medical Leave Act ( FMLA ) to Include Same-Sex Spouses (continued) The word spouse in the FMLA before the rulemaking applied only to opposite-sex spouses who reside in a state recognizing same sex marriage. The new rule changes that definition such that eligibility for FMLA protections is based on the law of the states in which the marriage occurred. This means that all legally married couples have consistent FMLA rights regardless of whether the state in which they are currently employed recognizes their marriage status. The old rule s shorthand was a state of residence rule, whereas the new rule looks to the place of celebration. The rule s comment period lasted from June 27, 2014 to August 11, The DOL issued a Final Rule on February 25, 2015 which was scheduled to go into effect on March 27, The DOL Revised the Definition of Spouse in the Family and Medical Leave Act ( FMLA ) to Include Same-Sex Spouses (continued) In Texas v. U.S., The United States District Court for the Northern District of Texas ordered a preliminary injunction staying the application of the DOL s revised final rule expanding FMLA coverage to include same-sex spouses. The injunction stayed the rule s application in Texas, Arkansas, Louisiana, and Nebraska. The holding came one day before the rule took effect on March 27, A hearing date was set for April 10,

26 The DOL Revised the Definition of Spouse in the Family and Medical Leave Act ( FMLA ) to Include Same-Sex Spouses (continued) In a filing in the related matter, the DOL said that it would not enforce the provisions of the FMLA in question in the 4 affected states, but would in the other 46 states. The Court declined the DOL s request to dissolve the preliminary injunction. See The EEOC Asks the DOL to Update the FMLA forms to Comply with the Genetic Information Nondiscrimination Act ( GINA ) On November 10, 2014, the EEOC recommended that the DOL S WHD update their forms for the FMLA to comply with GINA. GINA regulates how and when businesses can use or disclose genetic information. The FMLA s WH-380-E form requires employers to lawfully request medical information from the relevant employee, but doing so as currently set up could potentially implicate GINA s prohibition on requested genetic information without falling under an exception. 77 The EEOC Asks the DOL to Update the FMLA forms to Comply with the Genetic Information Nondiscrimination Act ( GINA ) (continued) The EEOC provided model language in its November 12, 2014 recommendation to ensure the employer s request did not ask for genetic information. This request came as the DOL updated the forms, which it must submit to the Office of Management and Budget ( OMB ) every three years for approval under the Paperwork Reduction Act of After posting notice in the Federal Register on February 25, 2015, the DOL updated its core FMLA forms to shift the previous forms expiration date from February 28, 2015, to April 30, As of writing, drafts of the updated forms had not yet been released

27 FLSA White-Collar Regulations are on the Horizon President Obama signed a Presidential Memorandum on March 13, 2014 that directs the DOL to update regulations defining which white collar workers can receive pay for hours worked over 40 in a workweek. The President s memo asked the DOL to raise the rarely adjusted threshold level for the salary basis test from $455 to account for inflation. As it stands, the exception currently covers workers earning as little as $23,660 per year. For comparison, the 1975 threshold was nearly $1,000 in current dollars. 79 The Supreme Court Rules on the Department of Labor s Failure to Engage in Notice and Comment Rulemaking The Supreme Court granted certiorari in the D.C. Circuit s Perez v. Mortgage Bankers Association case on June 16, 2014 to determine whether federal agencies must engage in notice-and-comment rulemaking before significantly altering interpretive rules that interpret agency regulations. On March 9, 2015, the Supreme Court unanimously held that the Administrative Procedure Act ( APA ) expressly exempts federal agencies (such as the DOL) from noticeand-rulemaking requirements for such changes to interpretive rules. 80 So, what does that mean? 81 27

28 WORKPLACE CASES PENDING BEFORE UNITED STATES SUPREME COURT 82 What level of knowledge must an employer have had in order to have violated Title VII by firing an employee or refusing to hire an applicant based on religious observance and practice? Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, case no , certiorari grant October 2, Oral argument February 25, Once More into the ACA Breach: Now for the Exchanges. King v. Burwell, case no , certiorari granted November 7, Oral argument March 4, What will the Court do? Congress? The President? 84 28

29 Wait, wait, there s still more!!! 85 NLRB AMBUSH ELECTIONS On December 15, 2014, the National Labor Relations Board (NLRB) published a final rule changing the procedures applicable to so called representation cases. Known colloquially as quickie election or ambush election rule. 86 NLRB AMBUSH ELECTIONS (continued) Highlights Employer, employees, or labor organizations can file their representation petition electronically Requires service on other parties Contemporaneous with the petition, petitioner must file showing of interest and identify representatives Employer must post and distribute to employees a notice of the petition s filing and possible election to follow 87 29

30 NLRB AMBUSH ELECTIONS (continued) Highlights Requires employers who customarily communicate electronically with employees to distribute election notices to employees electronically and, within 2 business days of direction of election electronically transmit to other parties and NLRB a list of employees with contact information, shifts, job classifications, and work locations (expanded Excelsior lists) 88 NLRB AMBUSH ELECTIONS (continued) Highlights Standardizes pre-election hearing procedures and practices Permits NLRB regional directors to defer decisionmaking on eligibility and inclusion issues affecting small percentages of the voting unit to the post-election stage, on the premise that the purpose of the pre-election hearing is to determine whether it s appropriate to conduct an election and not the size of the electorate 89 NLRB AMBUSH ELECTIONS (continued) Highlights Changes post-election hearing procedures, but no longer grants automatic stays where a request for review is filed with the NLRB Requires NLRB regional directors to specify details concerning the timing of elections in post-election hearing direction for election orders and to schedule elections for the earliest date practicable 90 30

31 MEDICAL AND RECREATIONAL MARIJUANA 91 MEDICAL AND RECREATIONAL MARIJUANA Issues: Cross state enforcement Federal contractor compliance Testing concerns Accommodation issues? 92 UNLIMITED VACATION AND SICK LEAVE? IT COULD HAPPEN! 93 31

32 CONCLUSION Workplace laws and regulations, especially over the last twenty-five years have evolved at a rate often faster than the business community s ability to understand and comply with the new obligations. Hopefully, this outline has provided a useful preview of what may be coming along next. 94 In the meantime good luck! 95 That all folks. Stay tuned! 96 32

33 Thundering Applause! 97 Thank You! Attorney Jim Reidy Sheehan Phinney Bass + Green 1000 Elm Street Manchester, NH (603) jreidy@sheehan.com 98 33