Timely HR Issues - Harassment, Marijuana, Employment Laws and More

Stay up-to-date with popular HR topics and learn how to:

• Understand how to define and apply rules in relation to what constitutes workplace harassment
• Coordinate FMLA, OSHA, ADA and Drug-free Workplace requirements when handling an employee who tests positive for THC
• Identify the SSA’s no-match letter dos and don’ts for resolving errors and ensuring “safe harbor” for your organization
• Apply the 2020 FLSA overtime exemptions to the qualified positions in your organization
• Conduct a thorough workplace harassment investigation
• Implement policies and training programs that address workplace harassment issues
• Find the latest legal thinking on the classification of independent contractors and Gig Economy workers using the ABC Test
• Become familiar with the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA)
• Discuss the liabilities involved if an employee contracts COVID at work

Every day, the headlines sound more and more like a soapy TV drama, or a satire ripped from the headlines of The Onion. Sex, drugs, money and absurdity dominate the national conversation at an unprecedented level. This is why employers and human resources professionals must have a firm understanding of the laws and evolving definitions surrounding employment law and changing HR trends.

Facts and figures

• In 2018, more than 7,500 sexual harassment claims were filed with the EEOC which was a 14% increase from the previous year. — National Conference of State Legislatures
• 32% of employees don't know that jokes can be a form of harassment. — True Office Learning
• There are 1.2 million authorized users of medical marijuana in the United States. — Society for Human Resource Management
• 33 states allow marijuana for medical use and 11 states allow recreational use. — Society for Human Resource Management
• 1.3 million American workers are now eligible for overtime pay as of 1/1/2020. — Department of Labor

I. Harassment and Title VII Protections

• Title VII protections
  • When is a “religion” a religion?
  • Understanding the full scope of sexual harassment
• The evolving issues and definitions you should understand
  • Gender identity and expression
  • Sexual misconduct vs sexual assault
  • Defining consent
  • Romantic relationships in the workplace
• Policies, procedures and training responsibilities
  • Keys to writing defensible policies and procedures
  • Tips for designing training that covers all aspects of harassment
• How to conduct a proper harassment investigation

II. Marijuana in the Workplace

• Federal Law vs. State Law – Who Wins?
  • Which laws apply when an employee travels to a state where marijuana is legal
  • Next steps when CBD oils create a “false” positive
• Pros and cons of including THC testing in your drug screening process
  • Off duty conduct laws
  • States that prohibit THC screening
• How to handle FMLA, ADA, OSHA and Drug-free workplace when an employee uses marijuana legally
  • Medically
  • Recreationally

III. Social Security Administration No-Match Letters

• Key steps to resolving the no-match
• Tax reporting obligations
• How the letter affects I-9 and eVerify processes
• What to do when the problem is not easily identified
• Tips for conducting a successful and compliant discussion with the employee

IV. Worker Classification

• Three keys to determining proper classification between exempt and non-exempt
• Meeting the salary threshold using the 10% allowance
• Understanding the Gig Economy
• Contractor classification and the ABC Test
• DOL and IRS classification tests