2015: Year in Review and 2016: Key Employment Issues on the Horizon

January 27, 2016

Presented By: Scott F. Cooper & Stephanie G. Kaplan

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Disclaimer

© 2015, Blank Rome LLP. Notice: The purpose of this update is to identify select developments that may be of interest. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. This update should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.

Presenters

Scott F. Cooper– Chair, Labor and Employment

Practice Group– Cooper@BlankRome.com– 215.569.5487

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Stephanie G. Kaplan– Associate, Labor and

Employment Practice Group– SGKaplan@BlankRome.com– 215.569.5381

Introduction: Looking Back on 2015 & Preparing for 2016

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Agenda

The Backdrop: From 2015 Into 2016A Look Back at Top

Issues from 2015A Look Ahead at

“Three Big Issues” to Watch in 2016

1/28/20165

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Backdrop From 2015 Into 2016: Presidential Election Further Divides Country

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Backdrop From 2015 Into 2016: The Economy Still Driving Employment Issues

Landmark Supreme Court Decision: Obergefell v. Hodges, 135 S. Ct. 2584 (2015) The Fourteenth Amendment

requires a State to license a marriage between two people of the same sex The Fourteenth Amendment

requires a State to recognize a lawful same-sex marriage performed in another State

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2015 ReviewTopic 1: Same Sex Marriage

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2015 ReviewTopic 2: Agency Activism

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2015 ReviewTopic 2: Agency Activism: The EEOC

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Presumptive Use of Employer’s E-mail System for Union Activity Broadened protections for employees’

negative statements about employer Guidance on employer

rules/handbooksWithholding witness statements –

overruling 37 year-old precedent! Changes to Election Rules

2015 ReviewTopic 2: Agency Activism: The NLRB

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2015 ReviewTopic 3: The New Frontier for the ADA

Looking Ahead in 20161: Increased State and Local Regulation

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The Battle Continues: Are your third-party relationships at risk of joint-employment classification?

Looking Ahead in 20162: Expanding Joint Employer Liability

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Looking Ahead in 20163: Pay Rate Wars

Questions?

Scott F. Cooper– Chair and Partner, Labor and

Employment Practice Group– Cooper@BlankRome.com– 215.569.5487

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Stephanie G. Kaplan– Associate, Labor and

Employment Practice Group– SGKaplan@BlankRome.com– 215.569.2381