Each new year brings new challenges that HR professionals and employers need to watch out for. With laws and trends changing at a constant rate it can be quite easy to fall behind. This year we surveyed nearly 1,200 HR professionals ranging from all job levels and company sizes and came up with this top 10 list. Some key challenges include: Trump Administration uncertainty, the overtime rule injunction, equal pay, managing the rise of the gig economy and more. Be sure to stay ahead of the game by taking a glance at this SlideShare to learn more of what’s to come in the near future filled with guidance and resources from our experts.

1. Top 10
Employment Law Challenges
of 2017

2. 2017 Will Bring Significant
Changes in the Workplace
New Federal
Administration
oTrump White
House
oRepublican
House & Senate
1 2
Federal Agency
Actions/ State &
Municipal Laws
Aimed at expanding
employee rights

3. Criminal penalties
Administrative actions
Litigation
Costs of Noncompliance
Harm to business reputation and public image
Civil fines
Each new year brings changes in the workplace and the
legal landscape that keep employers on their toes. Failure
to comply could make an employer susceptible to:

4. XpertHR Survey: Most
Challenging HR
Compliance Issues of
2017
o Surveyed nearly 1,200 HR professionals in
November 2016 on their views of
compliance challenges in 2017
o Responses came from small, medium and
large employers, a wide variety of
industries, spanning all geographic areas of
the country
Job Level Breakdown:
Company Size Breakdown:
6%
7%
27%
35%
16%
2%
4% 3%
CEO, C-Level, EVP
SVP, VP, GM
Director
Manager, Supervisor
Administrator, Analyst, Specialist,
Coordinator
Business Owner
Other
Junior/Entry-Level
49%
21%
19%
11%
1 - 249
250 - 999
1,000 - 9,999
10,000+

5. Compliance Challenge: Election1
Historic election
There is now a great deal of
uncertainty with incoming Trump
administration and Republicans now in
control of both the House and the
Senate.
Obama’s initiatives
Many employers are wondering
what will happen to Obama’s
pro-employee initiatives

6. Compliance Challenge: Election1
What Is at Stake?
o The Supreme Court and its effect on employment cases
o The National Labor Relations Board's (NLRB's) appointees and issues which include expanded workplace rights, protected
concerted activity, independent contractors, temporary workers and joint-employer doctrine
o Obama-backed employment initiatives such as: the revised overtime regulation; the Equal Employment Opportunity
Commission's (EEOC's) revised EEO-1 Report that will collect data on compensation and hours worked, plus the EEOC's
focus on expanding protections based on gender identity and sexual orientation; increased penalties and reporting
requirements under the Occupational Safety and Health Administration (OSHA); paid sick leave for federal contractors and
immigration measures.
o Congressional measures backed by Democrats related to fair pay, reasonable accommodations for pregnant women and paid
sick leave
o Cyber security and data privacy
o Federal regulations on businesses and the return to states’ rights

7. Compliance Challenge: Election1
Minimum wage
(Arizona, Colorado, Maine
and Washington)
Recreational
marijuana
(California, Massachusetts and
Nevada)
Medical marijuana
(Arkansas, Florida, Maine and
North Dakota)
Paid sick
leave
(Arizona and
Washington)
State and Local Legal Changes

8. Compliance Challenge: Election1
What an Employer Should Do
o Comply with the laws that are on the books, at least until they are changed
o Monitor developments closely
o Maintain adequate records and documentation regarding employees and employment actions

9. Compliance Challenge: Workforce Planning2
21st Century Workforce Trends Impact Recruiting, Hiring and Ret
Gig economy
Alternative
work
arrangements
Aging
workforce
Search for
talent/finding high
quality applicants
Changing societal
demographics
Global marketplace

10. Compliance Challenge: Workforce Planning2
XpertHR Survey
of respondents said they were
extremely or very challenged in
finding high quality applicants
were extremely or very challenged
by employee engagement and
satisfaction
were extremely or very challenged
by employee retention
found aligning talent retention
strategy with business objectives to
be extremely or very challenging
55%
45%
43%
felt extremely or very challenged
by screening candidates (i.e., Ban
the Box, FCRA/credit checks)
found aligning talent acquisition
strategy with business objectives to
be extremely or very challenging
21% 37%
38%

11. Compliance Challenge: Workforce Planning2
What an Employer Should Do
o HR should play an active role in shaping the evolving workforce
o Align HR objectives with business objectives
o Investing in talent - greater return on investment/improves economic performance
o Bring creative solutions to business challenges
o Strengthen corporate brand and reputation
o Follow trends in technology, industry and diversity
o Provide mentoring and leadership to employees

12. Compliance Challenge: Mandated Employee Leave
Protections
3
Following the rapid rise of leave
laws
Managing complex
interrelationships
The following are examples of potential
interplays between varying leave laws:
o Injured employee - FMLA, ADA and workers'
compensation
o Sick employee - State and local paid sick leave
laws and the ADA
o Pregnant employee/new parent - FMLA, state
family leave laws, paid family leave insurance
o Military employee – USERRA, ADA- family
military leave- state military leave laws
Federal -
FMLA, ADA,
USERRA*
Federal
Guidance from
EEOC
State and local
level – paid
sick leave,
military leave,
domestic
violence leave,
bereavement
leave
* FMLA - Family and Medical Leave | ADA - Americans with Disabilities Leave |
USERRA - Uniformed Services Employment and Reemployment Rights Act

13. Compliance Challenge: Mandated Employee Leave
Protections
3
XpertHR Survey
28%
of employers find
administrative burden of
managing leaves extremely or
very challenging
found determining what federal,
state and local leave law provisions
apply to specific employee
situations to be extremely or very
challenging
34%
of employers find tracking and complying
with rapidly changing leave laws across
states to be extremely or very challenging
while 28% find tracking and complying with
rapidly changing leave laws across
municipalities to be extremely or very
challenging
of respondents to indicate that
determining overall business
strategy for employee leave
benefits and compliance is
extremely or very challenging
28% 28%

14. Compliance Challenge: Mandated Employee Leave
Protections
3
What an Employer Should Do
o Determine which leave laws apply to each workplace
o Revise policies and procedures, employee handbooks and workplace notices to properly advise
employees of their rights under leave laws
o Review all paid time off, vacation or other paid leave policies and reasonable accommodation
policies to determine if other policies may need to be created
o Train supervisors on leave laws and how to handle leave requests
o Understand how different leave related laws intersect

15. Compliance Challenge: Threat of a Cyber Breach4
Rapid pace of technological
developments, omnipresent internet
and mobile devices
o Significant impact on the workplace in
terms of mobility, communication,
productivity and efficiency
o Risks with regard to safety and security -
can lead to data breaches and loss of
confidential information or damage an
employer’s reputation
Minimize risk
HR needs to take steps to minimize
risk of cyber breaches and to
protect digitally-maintained
confidential information, such as
trade secrets

16. Compliance Challenge: Threat of a Cyber Breach4
XpertHR Survey
32%
of respondents stated that they
found preventing cyber breaches to
be extremely or very challenging
of respondents noted that
managing mobile devices and
wearable technology is extremely
or very challenging
44%

17. Compliance Challenge: Threat of a Cyber Breach4
What an Employer Should Do
o Safeguard confidential information and minimize the risk of a cyber breach
o Critically assess, audit and properly safeguard the confidential information belonging to:
• Employers (i.e., trade secrets and confidential and proprietary information)
• Employees (i.e., credit reports, social security numbers and driver's license information, health and medical records)
• Customers (i.e., credit card data and purchasing records)
o Make sure employer’s confidential information is secure through the use of encryptions and firewalls
o Develop, implement and enforce policies to minimize risk
• Confidentiality policies
• Privacy policies
• Mobile device policies
• Policies regarding social media and internet use

18. Compliance Challenge: Threat of a Cyber Breach4
What an Employer Should Do (Continued)
o Utilize nondisclosure agreements
o Train employees and supervisors
o Screen potential employees for dishonest or fraudulent conduct
o Conduct exit interviews
o Make sure all equipment and technological devices are returned
o Terminate access to private and confidential information

19. Compliance Challenge: Benefits and the ACA5
ACA (The Affordable Care Act)
Reporting deadlines, penalties
Challenging issues around complicated relationships such as independent
contractors, gig economy and joint employers
The annual health care
reporting requirements
Failure to comply with
deadlines face penalties
and costs
On-demand or gig economy
with large number of
independent contractors and
temporary employees
Joint-employer doctrine and
determining which entity
controls the employee is a
further complication

20. Compliance Challenge: Benefits and the ACA5
XpertHR Survey
of respondents stated that ACA
reporting requirements were very
or extremely challenging
38%
of respondents ranked this as their
first, second or third highest
concern for 2017 on a scale of 1-10
30%
were concerned about the ACA in
general and rated it extremely or
very challenging
36%

21. Compliance Challenge: Benefits and the ACA5
Benefit Programs
Pros
Helps attract and retain employees,
increases employee engagement and
provides an employer with a
significant competitive advantage
Cons
Rising healthcare costs require
creative strategies and evolving
offerings

22. 27%
extremely challenged or very
challenged by offering different
benefits to different groups of
employees
challenged by aligning benefits
offerings with business objectives
21%
Compliance Challenge: Benefits and the ACA5
XpertHR Survey

23. Compliance Challenge: Benefits and the ACA5
What an Employer Should Do
o Complete the proper forms accurately and
in a timely manner
o With regard to independent contractors, gig
workers, or in a joint-employer situation, an
employer should carefully assess each
worker and the employment relationship,
and evaluate who has the right to control
and direct the individual’s work as well as
how, where and when the work is
performed
o Offer creative options such as tuition reimbursement, flexible
work time, commuting benefits, gym membership, dental and
vision insurance
o Manage needs of different cohorts with different generations in
the workforce - reject cookie cutter approach
o Consider supplemental and voluntary options, personalization
and customization
o Understand increased use of technology and mobile
applications
o Make sure that any wellness programs comply with the EEOC’s
rules under the Genetic Information Nondiscrimination Act
(GINA) and the Americans with Disabilities Act (ADA)
effective January 1, 2017
ACA Employee Benefits

24. Compliance Challenge: Evolving Workforce6
New Ways of Working
Telecommuting
Job sharing and
flexibility
Flex time
On-demand or gig economy –
independent contractors /
freelancers / temporary /
contingent workers

25. Ability to employ workers from diverse
geographic areas
Compliance Challenge: Evolving Workforce6
Pros
Flexibility for workers, savings on
commuting and childcare

26. Compliance Challenge: Evolving Workforce6
Challenges
Application of federal, state and local
laws regarding discrimination and
harassment protections
Managing and classifying employees
for wages and overtime protections
National Labor Relations Board
(NLRB) bargaining rights

27. Compliance Challenge: Evolving Workforce6
XpertHR Survey
50%
extremely challenged when it comes
to remote workers and telecommuting
or alternative work arrangements such
as job sharing and flex time
of employers selected the evolving
workforce as one of their top
concerns
20%

28. Compliance Challenge: Evolving Workforce6
What an Employer Should Do
o Establish policies regarding telecommuting/remote workers to meet deadlines,
maintain accountability
o Maintain policies requiring employees to track time and avoid working
unauthorized overtime
o Properly classify workers
o Evaluate working relationships and make sure they are legally compliant

29. Compliance Challenge: Equal Pay7
Focus of Federal and State Law
Equal Employment Opportunity Commission (EEOC) Strategic
Enforcement Plan
Sets forth equal pay as an enforcement priority
EEOC
Revised EEO-1 Report will collect information on compensation and
hours worked
State laws
Expanding reach of state and municipal leave laws. Some amended
laws prohibit employers from banning salary discussions, or prohibit
employers from requesting salary information

30. 7 Compliance Challenge: Equal Pay
XpertHR Survey
Say changes to the EEO-1 Report
(to include information on
compensation and hours worked)
will be extremely or very
challenging
25%
one in four believe that equal pay
and wage transparency is
extremely or very challenging
25%
More than one in three
respondents ranked pay issues in
their first, second or third
workplace challenge in a scale of
1-10
33%

31. o Review pay practices, job descriptions, salaries, benefits and bonuses to make sure that the employer is
not discriminating based on sex, race, national origin or any other protected class
o Make sure wage differentials are based on legitimate and nondiscriminatory factors — such as education,
training or experience — and supported by written documentation, or they should be corrected
o Maintain EEO policy prohibiting wage discrimination
o Institute internal multichannel complaint procedure allowing an employer to investigate claims of
discrimination
o Create clear guidelines for compensation, including salary increases and bonuses based on predictable,
objective and nondiscriminatory factors such as merit, productivity, performance, sales or some
combination of factors should be established
7 Compliance Challenge: Equal Pay
What an Employer Should Do

32. o Train managers and those with hiring or supervisory responsibilities on parameters
o Document all decisions regarding hiring pay, performance and promotion
o Implement recordkeeping policies and procedures
o Keep record of wages, job classifications, pay performance, promotion and other terms and
conditions of employment
o Avoid limiting employee discussions of wages
7 Compliance Challenge: Equal Pay
What an Employer Should Do (Continued)

33. Compliance Challenge: Employee Handbooks8
Pros
Communication tool between
employer and employees
Guides managers and supervisors
on how to handle frequently
encountered issues
Sets forth standards for employee
behavior, workplace conduct and
performance expectations
Incorporates and communicates
an employer’s goals and
mission
Prevents and defends
against lawsuits

34. 8
XpertHR Survey
Compliance Challenge: Employee Handbooks
of respondents are extremely or very
challenged by keeping employee
handbooks current with new laws and
trends
find it extremely or very challenging to
ensure handbooks are read and used
actively by employees
are extremely or very challenged by
having employee handbooks align with
their business objectives
are extremely or very challenged by
incorporating municipal requirements
into employee handbooks
40%
42%
21%
of respondents feel extremely or very
challenged by the NLRB invalidating
employer policies
are extremely or very challenged by
multistate handbook variations
21% 22%
26%

35. 8
What an Employer Should Do
o Remain compliant with latest federal, state and local laws and the interplay between those laws
o Monitor legal developments in areas such as EEO, leave, safety and accommodations that
change rapidly
o If employer operates in multiple jurisdictions, consider adopting broad workplace policies
encompassing federal, state and municipal requirements or use addenda
o Draft policies in a narrow and unambiguous manner so they do not infringe upon the employee
right to engage in protected concerted activity
o Be particularly cautious about policies addressing social media, contact with the press,
confidentiality, investigations and employee communications
Compliance Challenge: Employee Handbooks

36. 8
What an Employer Should Do (Continued)
Compliance Challenge: Employee Handbooks
o Make the employee handbook and its policies easily accessible, readable, relevant and interesting
o Use hypotheticals, practical examples, anecdotes and narratives as well as colors, visuals and
graphics
o Train all employees and supervisors on handbook provisions
o Require employees and supervisors to acknowledge receipt and review

37. Compliance Challenge: Overtime Changes9
Revised Overtime Rules
New overtime rules scheduled to take effect on December 1, 2016 would
have made salaried workers earning up to $47,476 per year or $913 per
week eligible for overtime pay.
On November 22, 2016, the US District
Court for the Eastern District of Texas
issued a preliminary injunction
preventing the DOL from implementing
and enforcing the new overtime rule.
The DOL may appeal the injunction,
but for the time being, the overtime rule
will not be implemented or enforced.

38. 9
XpertHR Survey
One in three of respondents stated
that the revised overtime rules were
going to be extremely or very
challenging
33%
One in five of respondents
anticipated that properly classifying
and managing newly nonexempt
employees under the revised
overtime rules would have been
extremely or very challenging
20%
More than four in ten of
respondents revealed that
preventing nonexempt employees
from working off hours, such as
checking emails, would have been
extremely or very challenging
40%
Compliance Challenge: Overtime Changes

39. 9
What an Employer Should Do
Compliance Challenge: Overtime Changes
If rules go forward
o Proceed with the changes regarding
reclassification of workers
o Revise employee handbook and internal
policies and practices on time-keeping, meal
and rest breaks, working off the clock,
overtime, and telecommuting
o Closely monitor any overtime worked to
avoid liability
o Communicate changes to employees and
supervisors
o Provide proper training
If employers had not
changed pay practices
o Maintain their current pay practices
and should wait and see what
happens in the courts
o Track employee hours
Employers that increased,
or planned to increase,
salaries
o May rescind raises but this could
lead to morale and communication
issues
o Make up difference with bonus
o Focus on minimizing negative
feelings and providing continued
incentive
1 2 3

40. 10 Compliance Challenge: Diversity in an Increasingly Global
World
Pros of a Diverse Workforce
Increasingly global world
Better brand reputation and
customer relations
Compliance perspective –
EEO laws
Higher productivity and
efficiency
Numerous business and
cultural benefits
Improvements to the
bottom line

41. 10 Compliance Challenge: Diversity in an Increasingly Global
World
XpertHR Survey
found aligning diversity and
inclusion efforts with business
strategy is extremely or very
challenging
20%
found building and maintaining a
diverse workforce to be extremely
or very challenging
20%
of respondents feel extremely
challenged or very challenged when
it comes to managing different
generations in the workplace
26%

42. o HR should be proactive and incorporate diversity into the employer’s organization create an inclusive
workplace with training and policies to support
o Align diversity with business goals and corporate strategies
o Obtain buy-in of key stakeholders and those in upper management
o Understand benefits diversity bring to the organization
o Look beyond geographic pool when hiring, and reach out to a wide variety of candidates
o Maintain neutral job advertisements
o Focus on an individual’s education, skills and experience
10 Compliance Challenge: Diversity in an Increasingly Global
World
What an Employer Should Do

43. o Develop and enforce policies and practices encouraging diversity and tolerance
o Prohibit discrimination and harassment
o Provide reasonable accommodations
o Provide training to supervisors and employees
o Consider utilizing employee resource groups or affinity groups for those who share common traits or
characteristics (i.e., working mothers, LGBT individuals, veterans, Hispanics and individuals with
disabilities) as valuable tools to promote diversity
10 Compliance Challenge: Diversity in an Increasingly Global
World
What an Employer Should Do (Continued)

44. Final Thoughts
o Prepare for challenges
o Review and revise workplace policies and
practices
o Ensure workplace policies and practices are
legally compliant
o Be proactive and prepared to respond to
changes in a meaningful way
o Remain transparent with employees
regarding any changes to workplace polices
and practices

45. Free Annual Report: Top 10
HR Compliance Issues of 2017
Each new year brings new challenges to the workplace.
Are you prepared?
Get practical tips and expert guidance on how to respond and ensure
legal compliance with 2017's top HR challenges and emerging trends.
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