2019 brought many changes and challenges to the world of labor and employment – and we expect 2020 to be no different. From drug testing to immigration, the following are issues that those in the labor and employment industry should be prepared to tackle in 2020.

State Medical Marijuana Laws & Drug Testing

As more states enact legislation for the legalized use of marijuana in one form or another, employers struggle to find safe ground for their drug-free workplace policies and drug testing policies in 2020. 

Leave Sharing Programs and Potential Tax Consequences

More employers are implementing policies which allow employees to share or donate accrued and unused leave time to co-workers in need. A significant increase in such policies was seen in 2019 and is expected to continue into 2020. Such policies certainly have advantages for both employer and employees – however, many employers, and most employees, are unaware of the potential tax consequences such programs can have on the employee donating the leave if the policy or program is not properly drafted and utilized. 

FLSA – New Exemption Threshold

In 2019, the Department of Labor issued its new final rule pertaining to overtime exemption. Under this final rule, the “salary test” is increased from $455 a week to $684 a week and takes effect Jan. 1, 2020. Employers should not be caught off guard. 

Continuing Issues Under #MeToo Movement

Further litigation under the #MeToo Movement in 2020 is anticipated, as there was no slow-down in these cases in 2019. 

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