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The following is a summary list of the top 20 legal challenges , I see, for U.S. employers in 2018 :
1. 2018 Election Uncertainty between Trump and the Republicans, and the Democrats.
2. The continuing threats of Cyber Breach on our technological infrastructure.
3. Evolving Workforce issues of : (a) drawing in talent outside of employers' primary geographic areas; (b) providing workers with greater work/life flexibility; (c) helping employees save on commuting and childcare costs; and (d) taking advantage of emergency technologies.
4. Equal Pay Issues for all employees, particularly women and minorities;
5. Diversity in an increasingly global world;
6. Compliance with the National Labor Relations Board's (NLRB's) new guidance on employment handbooks;
7. Dealing with issues of laws that limit pre-employment inquiries about criminal histories of job applicants ( also called "Ban-the-Box" legislation);
8. Transgender workplace issues;
9. "Social Media Watch" of employees by employers;
10. The NLRB's revision of the joint-employer standard and expansion of the pool of "employers";
11. Trade Secrets and the safeguarding of them will continue to be a significant issue;
12. The Occupational Health and Safety Administration (OSHA) new injury reporting requirements will continue to be an issue;
13. Paid sick leave;
14. "The 1099 Worker" (independent contractor, etc.) versus employee issue will continue to be debated at the Department of Labor, etc.
15. Same-sex marriage.
16. Reasonable accommodation for employees.
17. Telecommuting and flexible work schedules for employees.
18. Electronic "Workplace Wearables".
19.The redefinition and expansion of who is entitled to overtime; and increase in minimum wage issues.
20. Generally, the definition "independent contractor" under DOL and IRS rules.
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