What are the Biggest Legal Questions Facing Employers?

“What is work” does not just fall under the wage-and-hour umbrella. Yes, it is important under the FLSA to understand the compensable nature of working time, and how technology, like off-the-clock emails and smartphone use, impacts this question. Equally, if not more important, however, is the issue of the location of work, and the flexible work schedules, telecommuting, and work-life-balance implications of this question. If technology has freed us from the shackles of a four-walled office and nine-to-five time clock, does it also mean that technology has stretched the workplace to anywhere and the workday to anytime? And, with this “freedom”, should not employers be more lenient with time off, paid or unpaid.

 

“Who is an employee” is equally important. I’m not just talking about the FLSA implications of employee vs. independent contractor, or employee vs. intern. I’m also talking about the potential for joint-employer liability under the NLRA, Title VII, OSHA, and other statues. And, don't forget the ongoing debate over whether Title VII protects LGBT workers.

So, readers, what say you? What are the most important workplace legal issues facing you and your businesses? Leave a comment below, or tweet me @jonhyman with the hashtag #BiggestEmployerIssue