XpertHR, a provider of legal information to employers, listed some of the scariest legal challenges employers will face in 2016.

“From providing paid sick leave to extending equal rights and benefits to same-sex partners, employers must comply with new obligations,” said XpertHR Legal Editor Beth Zoller. “An employer who is not prepared can face increased costs, including civil fines and fees, as well as criminal penalties, administrative complaints, potential litigation and harm to its business reputation.”

Some of XpertHR’s top challenges employers will face in 2016 are:

• Same-Sex Marriage — The Supreme Court ruled that same-sex married couples have a constitutional right to marry and are therefore entitled to the same rights and benefits as opposite-sex married couples nationwide.
• Reasonable Accommodations for an Increasingly Diverse Workplace — As workplaces become more inclusive, an employer must ensure that its workplace policies and practices are legally compliant and provide workers with reasonable accommodations based on pregnancy, religion, disability, sexual orientation, etc.
• Paid Sick Leave — In addition to President Obama’s Executive Order providing paid sick leave for federal contractors, paid sick leave laws continue to be passed on the state and local level. An employer should determine whether any of the new laws apply and ascertain whether the leave the employer is required to provide is paid or unpaid.
• Workplace Wearables — There are risks to wearables, including employee access of inappropriate information, harassment and invasion of privacy issues, viruses or malware can be introduced into the employer’s private and secure network, etc. It is advisable to implement a carefully worded wearable technology policy and outline the proper and improper use of wearable technology in the workplace.
• Redefining and Expanding Who Is Entitled to Overtime and Raising the Minimum Wage — The Department of Labor’s proposed regulations, if made final, would greatly increase the number of employees eligible for overtime.
• Providing Independent Contractors with Increased Workplace Rights — Prudent employers should assess all independent contractor relationships and review the measures in place to reduce the risk of misclassification.
• Revising the Joint Employer Standard and Expanding the Pool of Employers — An employer should closely evaluate its business relationships and contracts to assess whether they have the right to control, either directly or indirectly, the terms and conditions of a contracted employee or another business’ employee.
• Telecommuting and Flexible Work Arrangements — Approximately 30% to 45% of the US workforce now telecommutes on some basis. If an employer chooses to allow employees to telecommute or enter flexible working arrangements, it should be sure to maintain a firm policy that clearly sets forth guidelines.

“To best protect themselves and avoid expensive lawsuits, employers should review and revise their workplace policies and practices and make sure that they are legally compliant,” Zoller said.