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2015: Year in Review and 2016: Key Employment Issues on the Horizon
January 27, 2016
Presented By: Scott F. Cooper & Stephanie G. Kaplan
Ask Your Employment Lawyer
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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.
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Presenters
Scott F. Cooper– Chair, Labor and Employment
Practice Group– [email protected]– 215.569.5487
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Stephanie G. Kaplan– Associate, Labor and
Employment Practice Group– [email protected]– 215.569.5381
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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
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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
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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
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Questions?
Scott F. Cooper– Chair and Partner, Labor and
Employment Practice Group– [email protected]– 215.569.5487
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Stephanie G. Kaplan– Associate, Labor and
Employment Practice Group– [email protected]– 215.569.2381