Independent contractor misclassification ranks among the 11 scariest issues U.S. employers face this year, according to XpertHR, a provider of legal information to employers. Other scary subjects: wage and hour disputes, legalized marijuana use, and background check regulations.
Here are the 11 scariest issues for employers, according to XpertHR:
- Medical and recreational marijuana use. In states that permit marijuana use, employers need to clarify that marijuana is prohibited in the workplace.
- Same-sex marriage. Employers should know the tax benefits provided to an employee’s same-sex spouse or partner, and whether the state follows or departs from federal law.
- Technology in the workplace. Employers should create distinct “bring-your-own-device” policies and explain what constitutes acceptable and unacceptable use of social media while at work.
- Healthcare reform. Recently released final regulations relaxed the rules for employers with 100 or more employees, and further delayed compliance until 2016 for employers with 50 - 99 employees.
- Immigration and Form I-9 compliance. Employers must strike a balance between ensuring an authorized workforce while avoiding discriminating against authorized workers.
- Misclassification of independent contractors. Improper classification can lead to a variety of liabilities.
- Minimum wage and overtime violations. Employers should be up-to-date with their state requirements regarding minimum wage and overtime.
- Curtailing background checks. In states and cities that have adopted “ban the box” legislation, employers should make sure to eliminate the criminal history box from job applications.
- Emerging protected classes and curbing workplace discrimination. Even if an employer’s state does not yet specifically prohibit discrimination, it is advisable for an employer to be proactive and prohibit it.
- Employee leaves and reasonable accommodations. Make sure that leave policies do not require automatic termination of employees who take extended leaves of absence.
- Expansion of “protected concerted activity.” Employers need to make sure they do not unreasonably restrict employees from exercising their Section 7 rights.