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2019 Employment Law Trends [Webinar Recap]

Insights and analysis from an employment law expert

A look back at the biggest topics and trends in employment law and HR compliance

It’s been an active year of changes since our last employment law trends webinar with Alexis C. Knapp, a board-certified attorney and shareholder at Littler, an international employment law firm. Knapp joined us once again to discuss the biggest HR compliance stories of the past year and what regulations and enforcement employers might see on the horizon.

Watch the on-demand recording of our 2019 employment law trends webinar:

This webinar was presented by Alexis C. Knapp on April 25, 2019.


Did you know? You can earn recertification credit through the Human Resources Certification Institute (HRCI) by watching the on-demand recording of any G&A Partners webinar recorded in the current calendar year. To earn HRCI recertification credit you must watch the video above in its entirety and follow the instructions to request your credit.

Don’t have time to watch the full webinar? Check out our recap of Alexis’ key points:

Changes to EEO-1 filing requirements

Even while the number of new charges filed has gone down, the Equal Employment Opportunity Commission (EEOC) has been busy reducing its backlog of cases. In some of the biggest news from this corner, the stay imposed in 2017 on the Obama-era request for pay data to be included when filing the EEO-1 was lifted in March. This means that pay information is now required by the September 2019 filing, pending further litigation.

Proposed rules amending the FLSA

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Last revised nearly 60 years ago, the Fair Labor Standards Act (FLSA) is facing several possible changes that would have a significant impact on employers, chief among them joint employer and overtime regulations.

  • Relevant to any business that shares employees or has multiple entities, a new four-factor test has been proposed by the Department of Labor (DOL) for identifying joint employer status to determine which employer is responsible for the payment and time management of the employee.
  • Thought to be tabled, the overtime rule is back in discussion. In March, the DOL proposed clarify what pay is included in the regular rate for the purpose of determining overtime pay. The proposed rule would definitively exclude the cost/value of certain benefits and perks (such as bonuses and reimbursed expenses) from being used to calculate an employee’s regular rate of pay.

 Clarification on use of FMLA leave

Recently, the DOL emphatically stated that employees do not get a choice in choosing to designate an absence as leave provided through the Family and Medical Leave Act (FMLA). This means that if an employee qualifies for leave under the FMLA, they cannot decline or delay using it in favor of using paid sick time. (Nor can employers fail to designate leave as FMLA leave once they are aware that the absence is for an FMLA-qualifying reason.)

But employers shouldn’t forget that once FMLA runs out, leave as an accommodation under the Americans with Disabilities Act (ADA) might still apply to the absence.

If you missed the live presentation, you can still earn recertification credit through the Human Resources Certification Institute (HRCI) by watching the recording below in its entirety and following the instructions on how to claim your credit. Please be aware, however, that HRCI guidelines only allow providers to award recertification credit for watching on-demand webinars if they were recorded during the current calendar year.

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HR Certification Institute Approved Provider 2018G&A Partners is a recognized provider of recertification credits. HR Certification Institute® preapproved this program for 1 HR (General) credit towards aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification.

The use of the HRCI logo is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.

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