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Видео добавленное пользователем “Epstein Becker Green”
EEOC Releases Retaliation Guidance (with David Marden)
 
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On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued new guidance on workplace retaliation. The EEOC’s final guidance on retaliation includes concrete examples of retaliation issues that the courts have largely agreed upon, as well as expanded definitions of “adverse action” and “causal connection.” The guidance also describes “promising practices” for reducing the possibility of retaliation, including anti-retaliation training and proactive follow-up with potential targets. Retaliation has become the most frequent form of employment claim across business sectors. The percentage of EEOC charges in this area has almost doubled since the last guidance was issued. David Marden, from Epstein Becker Green, has more. This is a segment from Employment Law This Week® (Episode 41: Week of September 12, 2016), an online series by Epstein Becker Green. https://www.youtube.com/watch?v=Tp7YqdaD2gE Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
Просмотров: 841 Epstein Becker Green
Resignation Starts Clock for Constructive Discharge Claims (with Lauren Malanga Casey)
 
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The U.S. Supreme Court ruled that the clock for constructive discharge claims starts with resignation, resolving a circuit split on the issue. An employee for the U.S. Postal Service filed an Equal Employment Opportunity Commission (EEOC) charge alleging constructive discharge 41 days after he submitted his resignation but 96 days after the last allegedly discriminatory act. A federal civil servant must contact the EEOC within 45 days of the “matter alleged to be discriminatory.” The lower court dismissed the employee’s claim, but the Supreme Court reversed this decision, ruling that the clock for constructive discharge claims begins when an employee gives notice of resignation, not after the employer's last act of bias. Lauren Malanga Casey, from Epstein Becker Green, has more. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
Просмотров: 932 Epstein Becker Green
Halting Sexual Harassment: 7 Rules of the Road
 
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Learn the “7 Rules of the Road” for halting sexual harassment in the workplace, presented by attorneys Jennifer Gefsky and Ian Carleton Schaefer: Rule #1: Don’t Be Creepy Rule #2: Minimize Touching Rule #3: It’s Not About You - It’s About Me Rule #4: No Dreams and Definitely No Beds Rule #5: One Free Compliment Rule #6: Keep Your Clothes On Rule #7: Apply the Rules Equally This video was prepared as part of Halting Harassment: Rules of the Road for a Respectful and Inclusive Workplace, an interactive e-learning solution to newly enacted mandatory training requirements created by law firm Epstein Becker Green. Halting Harassment can help employers, in jurisdictions with such requirements and as well as those without them, encourage behaviors that foster a work environment free from discrimination and harassment. Harassment in the workplace is a very serious issue, and forward-looking employers engage employees in respectful, inclusive conversations on preventing harassment in the workplace. Learn more: http://www.HaltingHarassment.com These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Developing an Effective Telecommuting Policy - Featuring Coleen Cohen
 
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Coleen Cohen, HR Generalist for the Financial Times, shares some advice on developing a strong and effective telecommuting policy. This is an extended "Tip of the Week" segment from Employment Law This Week (Episode 26: Week of May 9, 2016), an online series by Epstein Becker Green - http://bit.ly/1X3VdLN Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
Просмотров: 479 Epstein Becker Green
EEOC Unveils New Nationwide Policy for Position Statements (with Lauri Rasnick)
 
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Our top story this week: The Equal Employment Opportunity Commission (EEOC) announces new nationwide disclosure rules for position statements. Retroactive to January 1, 2016, employers should expect the disclosure of their position statements to the charging party, even if the statement contains confidential information. Under the new policy, complainants have the right to request access to the statement and respond to it, but any response from the charging party will not be disclosed to the employer in turn. Lauri Rasnick, from Epstein Becker Green, has more on what this means for employers. For information about the EEOC’s new policy, see our Retail Labor and Employment Law blog: http://bit.ly/1OVfD1j Visit http://www.EmploymentLawThisWeek.com These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
Просмотров: 861 Epstein Becker Green
SEC Awards $17 Million to Whistleblower (with Victoria Sloan Lin)
 
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The Securities and Exchange Commission (SEC) issued a whistleblower award of more than $17 million. It is the second-largest award in the history of the agency’s whistleblower program. Awards range from 10% to 30% of monetary sanctions that exceed $1 million. This award marks the end of a one-month period—from May 13 through June 9—in which five whistleblowers received more than $26 million. Victoria Sloan Lin, from Epstein Becker Green, goes into further detail. This is an extended interview segment from Employment Law This Week (Episode 31: Week of June 20, 2016), an online series by Epstein Becker Green - http://bit.ly/1ZWOkeP Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Whistleblowers Under Sarbanes-Oxley & Dodd-Frank: An Interview with John F. Fullerton III
 
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There is no clarity ahead over what constitutes a whistleblower. Marketing firm Neo@Ogilvy has decided not to appeal a case to the U.S. Supreme Court that would have tested the definition of a “whistleblower” under the Dodd-Frank Wall Street Reform and Consumer Protection Act. At issue is whether an employee can be eligible for anti-retaliation protection under the Dodd-Frank Act even if he or she does not provide information of corporate wrongdoing directly to the SEC. The U.S. Court of Appeals for the Fifth Circuit says “no,” but the Second Circuit disagrees. We asked John Fullerton from Epstein Becker Green to discuss how employers should navigate this uncertain road, now that the Supreme Court won’t be weighing in. Click here for more on the 2nd Circuit's decision - http://bit.ly/1QyK4AE This is an extended interview, an excerpt of which was featured as the top story in Employment Law This Week, Episode 6 (Nov. 23, 2015) - http://bit.ly/1PRx4EJ Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Privacy and Behavioral Health: Much More Than HIPAA – Behavioral Health Crash Course Webinar Series
 
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Epstein Becker Green Webinar, with Attorney Patricia Wagner (March 8, 2016). Topics include: * An overview of privacy requirements for behavioral health information under state law, 42 C.F.R. Part 2, and HIPAA * The impact of those requirements on the sharing of information during the transaction * The impact of those requirements on the ongoing operations of the organization We know that you are busy and want to stay current on trending issues. To meet this need, we are offering a “crash course” webinar series. You can pick and choose sessions to attend or sign up for all five 15-minute sessions, depending on your availability and level of interest. In each compact, 15-minute installment, we will guide you through a different behavioral health issue. This webinar series should be of interest to providers, payors, private equity investors, and other health care and mental health stakeholders. http://www.ebglaw.com/events/privacy-... These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week - Episode 33 - Week of July 12, 2016
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week's stories include . . . (1) EEOC Calls for Increased Harassment Prevention - http://bit.ly/29sdd24 Our top story: The Equal Employment Opportunity Commission (EEOC) urges increased harassment prevention measures in the workplace. About one third of charges filed with the agency in 2015 involved claims of some form of harassment. The agency recommends that employers update their worker training to focus on bystander intervention and workplace civility. In addition, employers should increase their own awareness of risk factors. These include physical isolation of workers and significant power disparities. Bill Milani, from Epstein Becker Green, has more: "The report suggests employers should take a number of actions concerning harassment in the workplace. First, an audit of organizational risk factors as outlined by EEOC. ... Second, a review of your policies against discrimination and harassment to ensure that they are current, they reference all of the protected classes, not just sexual harassment, but harassment based on race, color, religion, ethnicity. Training. Training is vital. Training for all employees on anti-harassment. ... On top of the training that all employees received, managers trained to understand their heightened responsibilities as the employer, managers trained to understand their role in the complaint procedure. And finally, crucial that leadership embrace and be accountable for issues of workplace conduct." (2) SEC Chairman Pushes Board Diversity Disclosure - http://bit.ly/29tVdzX The Securities and Exchange Commission (SEC) calls for board diversity disclosure. SEC Chairwoman Mary Jo White is advocating a new regulation requiring companies to disclose information about the racial and gender diversity of their boards. White contends that existing disclosures do not provide investors with enough information and pointed out that female directors comprise just 20 percent of Fortune 500 companies. The timeline for issuing the proposed regulation has not yet been announced. (3) Chicago City Council Approves Paid Sick Leave - http://bit.ly/29zlrqA Employers in the city of Chicago will soon be required to offer up to 40 hours of paid sick leave a year. The City Council unanimously approved the paid sick leave ordinance, which will apply to all individuals and businesses with at least one employee. Chicago will now join more than two dozen other U.S. cities that require employers to provide paid sick leave. The mayor is expected to sign the ordinance, which is scheduled to go into effect July 1, 2017. For more on this story, click here: http://bit.ly/2a2yLzz (4) NJ Justices Extend Reach of Law Against Discrimination - http://bit.ly/29zl2UT The New Jersey Supreme Court extends the state’s Law Against Discrimination. A medical response services company fired an employee who was going through a marital separation with a coworker. The termination was based on a supervisor’s assumption that it would likely lead to an "ugly divorce." The Court ruled that the marital status protection in the New Jersey Law Against Discrimination applies in this case, effectively expanding the law to include protections for separated, divorced, and widowed employees. (5) Tip of the Week - http://bit.ly/29sdJgC Diane DiResta, Founder and CEO of DiResta Communications, shares some advice for in-house counsel on how to be more media savvy: "Today more than ever before, everybody needs broadcasting skills, even if you’re in-house counsel. Maybe you’re never talking to the national media, but you will be interviewed at a conference, and it may be over telepresence or live stream. So it’s really important that people have media and broadcasting skills. ... The first thing you need to know is, what is your message? Create message points for yourself and always remember the rule of three. Three is that magical number. People remember things in threes. So have three distinct messages. The second thing to be aware of is you need to keep it simple. ... The way you do that is to create sound bites. A sound bite is a quotable quote. It’s a sentence or two that can easily be lifted. ... The third thing is to stay on message. And what I mean by that is that it’s easy to go off in another direction, so use the skill of bridging. What bridging is, is you answer the reporter or interviewer’s question, and then you always bridge back to your message. ...Those messages are your home base. And that’s how you succeed in a media interview." Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week - Episode 15 - Week of February 15, 2016
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week’s stories include . . . (1) Zika Virus: What Employers Should Know - http://bit.ly/20QtyC6 Our top story this week: The Zika virus is on the march. For the fourth time in history, the World Health Organization has declared a global public health emergency, following the spread of the Zika virus throughout Latin America and the Caribbean. The disease can have harmful effects on fetuses, and the Centers for Disease Control and Prevention has warned against travel for pregnant women and their partners. The Zika crisis has important implications for employers. Workers who travel for their jobs may request accommodations, and employers should make these workers aware of the risks if they aren’t already. Denise Dadika from Epstein Becker Green gives her advice for employers. For more on this topic, click here - http://bit.ly/1SLNiT6. (2) New Privacy Shield Agreement Replaces Safe Harbor - http://bit.ly/1QwTo3p The United States and European Union (EU) agree to a Safe Harbor replacement framework. Negotiators from the European Commission, the executive body of the European Union, and the United States have agreed to a data transfer pact that will allow for the legal transfer of personal information across the Atlantic. The new Privacy Shield will require "strong oversight" by the U.S. Department of Commerce and the Federal Trade Commission to ensure the protection of personal data from individuals in the EU. U.S. companies receiving personal data from the EU will now likely have stronger obligations to protect the individual rights of EU citizens under the agreement. The new data pact still requires political approval. In the meantime, the EU Standard Contractual Clauses and Binding Corporate Rules remain valid. For more information on the EU-U.S. Privacy Shield, click here -http://bit.ly/1SlTS2b. (3) Third Circuit Sets “Contributing Factor” Standard - http://bit.ly/1KL2HQC The U.S. Court of Appeals for the Third Circuit defines “contributing factor” under the Sarbanes-Oxley Act. A former employee brought a retaliation claim against electronics maker Tyco, alleging that he was fired after whistleblowing activities. Tyco argued that the whistleblowing was irrelevant to his firing, which, as the company claimed, was based on a well-documented investigation into sexual misconduct. The Third Circuit ruled in favor of Tyco and, in doing so, established a new standard in the circuit for a “contributing factor,” defining it as “any factor, which alone or in combination with other factors, tends to affect in any way the outcome of the decision.” (4) H-1B Lottery Season Approaches - http://bit.ly/1Xof1YN Employers prepare for the H-1B lottery. In less than two months, employers will submit their H-1B petitions to the U.S. Citizenship and Immigration Services, hoping to get one of 85,000 employment-based visas available for fiscal year 2017. The number of H-1B applications has increased in each of the last three years, with 233,000 applications filed for fiscal year 2016. Employers making decisions on whom to support for these visas should keep in mind that F-1 students with STEM (science, technology, engineering, and math) degrees face special challenges in obtaining extensions of their optional practical training (OPT), due to a recent district court decision. For more on the district court’s decision on the F-1/OPT STEM extension, click here - http://bit.ly/1XnT2Bh. (5) In-House Counsel Tip of the Week - http://bit.ly/1o7iq1W Maryrose Maness, Senior Vice President & Chief Employment and Corporate Infrastructure Counsel at Warner Music Group, gives her advice on cybersecurity for global companies in light of the new EU-U.S. Privacy Shield agreement. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
Просмотров: 757 Epstein Becker Green
Employment Law This Week - Episode 17 - Week of March 8, 2016
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week's stories include . . . (1) EEOC Unveils New Nationwide Policy for Position Statements - http://bit.ly/1X7zQa8 Our top story this week: The Equal Employment Opportunity Commission (EEOC) announces new nationwide disclosure rules for position statements. Retroactive to January 1, 2016, employers should expect the disclosure of their position statements to the charging party, even if the statement contains confidential information. Under the new policy, complainants have the right to request access to the statement and respond to it, but any response from the charging party will not be disclosed to the employer in turn. Lauri Rasnick, from Epstein Becker Green, has more on what this means for employers. For information about the EEOC’s new policy, see our Retail Labor and Employment Law blog: http://bit.ly/1OVfD1j. (2) Second Circuit Rules That “Hispanic” Is a Race - http://bit.ly/1R0YoNw "Hispanic-is-not-a-race" defense fails in the Second Circuit: When a Cuban-born lieutenant was hired as the new police chief of a Long Island town, a white police lieutenant filed a lawsuit claiming discrimination on the basis of race. A jury found in his favor. In trial and on appeal, the town argued that "Hispanic" is not a race, therefore there was no race discrimination. In a case of first impression, the Second Circuit ruled that “Hispanic” is a race under US Code Section 1981 and Title VII. (3) NLRB Finds Computer Use Rule Interfered with Union Election - http://bit.ly/1TFdUp7 The National Labor Relations Board (NLRB) cracks down on employers restricting the content of personal emails sent through the employer’s email system: In 2014, the NLRB ruled that employees who have email through their employers can use that email to communicate about union-related issues. In a recent election at Blommer Chocolate Company, the union claimed that company email rules interfered with the voting process. Employees were allowed to use the company’s email system for personal emails, but were prohibited from expressing personal opinions in their emails to coworkers. The NLRB found that this rule interfered with elections and that a second election should occur. One of the questions that arises from this ruling is the issue of where the line is between what employers can prohibit - harassment, for example - and what they cannot. We’ll have more on this topic as it develops. For more information, see our Management Memo blog: http://bit.ly/1VVVfml. (4) Big Data Health Tracking Raises Privacy Concerns - http://bit.ly/1TFeD9P Employers’ use of Big Data to track the health of workers is quickly becoming a privacy concern: According to a recent Wall Street Journal article, firms providing wellness services and insurers are now using algorithms to identify employees who may be making big health decisions. This includes workers who are trying to conceive, considering surgery, or looking for a new doctor. While only aggregated data is shared with employers, the article raised privacy concerns, because companies may be able to identify employees with medical issues based on the data. Regardless of the information available to them, it’s important for employers to ensure their employment decisions are not in any way affected by the information they receive. The Americans with Disabilities Act (ADA), Genetic Information Nondiscrimination Act (GINA), privacy, and other theories or claims might be used by creative plaintiff’s counsel if employers don’t exercise care and caution in this emerging area. (5) In-House Tip of the Week - http://bit.ly/1TmZytl Stewart Scott, General Counsel and Head of Legal for Daiwa Capital Markets America Inc., gives some advice on providing in-house client service. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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The Expanding Purview of Disparate Impact Claims, with David W. Garland - Employment Law This Week
 
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The Eleventh Circuit opens the door for “disparate impact” claims from applicants as well as employees. The court allowed an age bias claim to go forward against R.J. Reynolds Tobacco Company from an online job seeker who was rejected repeatedly for employment. Company guidelines allegedly directed hiring managers to target people who are “2-3 years out of college” and to “stay away from” applicants with “8–10 years” of experience. The plaintiff is arguing that these guidelines have a disparate impact on older workers and led the company to reject his application. David W. Garland from Epstein Becker Green goes into further detail. Click here for more on recent EEOC initiatives to monitor - http://bit.ly/1XhRFV2 This is an extended interview, an excerpt of which was featured as the top story in Employment Law This Week, Episode 8 (Dec. 14th, 2015) - http://bit.ly/1Y9hiGi Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Defend Trade Secrets Act Signed into Law (with David Clark)
 
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President Obama signs the Defend Trade Secrets Act of 2016 (DTSA). Under the DTSA, employers can now sue in federal court for trade secret misappropriation. Though there is some overlap with the Uniform Trade Secrets Act — adopted in some version by 48 states — the DTSA marks a notable change in how these cases are litigated, creating a federal civil cause of action. The new law contains broad whistleblower protections and new requirements for employers to give notice of these protections. David Clark, from Epstein Becker Green, has more on how the DTSA will impact state laws. For more on this story, click here: http://bit.ly/27HQg0b Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 89 - Week of October 2, 2017
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! (1) DOL Overtime Exemption Thresholds - http://bit.ly/2fyc7CQ The Department of Labor’s (DOL’s) 2016 overtime rule has been permanently enjoined and appears to be dead in the water. With the comment period for the DOL’s new Request for Information ending last week, there will probably be a new overtime rule issued in the near future. Secretary of Labor Alexander Acosta has said that he believes the salary threshold for overtime exemptions should be around $33,000. Paul DeCamp, a former Administrator of the DOL’s Wage and Hour Division, now with Epstein Becker Green, gives us some context. For more, click here: http://bit.ly/2fCBIOt (2) Recent Developments on Tip Pooling - http://bit.ly/2yyZxul The DOL has taken a hardline position that employers cannot dictate the distribution of customers’ tips. But the circuits are split on the issue. Under the new administration, the DOL has announced that it plans to rescind its controversial regulation restricting tip pooling and distribution. But even without a regulation from the DOL, states can still regulate the practice, and employees can still pursue private lawsuits. Until the DOL acts, employers should exercise caution, review applicable state law, and look at whether their circuit has taken a position on the existing regulations. For more, click here: http://bit.ly/2fCBIOt (3) SCOTUS Hears Arguments on Class Action Waivers - http://bit.ly/2xQcrqK The Supreme Court is kicking off its fall term with oral arguments in three related cases. The National Labor Relations Board (NLRB) has found that mandatory arbitration and class action waivers violate employees’ rights under the National Labor Relations Act (NLRA). The circuits are split on the issue and have disagreed as to whether the Federal Arbitration Act trumps the NLRA or vice versa. While the High Court has been highly supportive of mandatory arbitration in recent years, it has not yet ruled on class action waivers in an employment context. For more, click here: http://bit.ly/2fCBIOt (4) “Time Rounding”: The Next Wave of Class and Collective Actions - http://bit.ly/2woAxp1 Looking ahead to the next wave of class and collective actions, we're seeing a surge in lawsuits that focus on time-rounding policies. While rounding an employee’s time up or down is lawful as long as it’s evenhanded, the plaintiffs in these cases argue that employees are regularly disadvantaged by the practice. Facing increasing scrutiny over time-rounding policies and how they’re executed, it won’t be a surprise to see employers weighing the value of time rounding against the risk of litigation. For more, click here: http://bit.ly/2fCBIOt (5) Authorities Wrestle with the Definition of “Employee” - http://bit.ly/2x2P524 Under the Obama administration, we saw significant attempts to expand the definition of “employee” to workers who previously had been treated as independent contractors. The Wage and Hour Division issued an Administrator’s Interpretation establishing a presumption that almost anyone doing work for an employer was an “employee.” But the White House and Republicans in Congress are working to reverse this trend under the Fair Labor Standards Act and the NLRA. The DOL has withdrawn the Administrator’s Interpretation and Congress is considering several options on the issue. Steve Swirsky, from Epstein Becker Green, tells us what’s on the horizon. For more, click here: http://bit.ly/2fCBIOt Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Analyzing Trends in Utilization Management - Population Health Webinar Series
 
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Epstein Becker Green Webinar - Moderated by Bob Atlas, EBG Advisors We will examine the evolution of utilization management (UM) programs over the past three decades, with a detailed overview of how this managed care function is regulated. Among other issues, the webinar will highlight the impact of the Affordable Care Act and other regulatory reforms on the ways that health plans make “medical necessity” determinations and how the appeals process works when a “denial” of care occurs. In addition, we will review the scope, licensure requirements, reviewer qualifications and the ways in which UM services are often integrated into a “care coordination” approach to managing patients. The webinar will also offer an overview of RegQuest™, a new regulatory compliance tool created by EBG Advisors and Schooner Strategies. This resource provides health plans, regulators and others with invaluable information regarding current regulations and laws. RegQuest is the first comprehensive resource on the topic since URAC’s Utilization Management Guide was published in 2005. During the webinar, panelists will focus on several components of UM regulations, including: * Information on the scope, licensure information, program requirements, and reviewer qualifications * The state surveys conducted by the RegQuest team * Provide and overview of the appeals process * Key trends in medical management * How traditional UM functions are becoming integrated into population health programs. This webinar is a must-attend event for regulators, health plan executives and others interested in the trends, regulations and laws pertaining to utilization management. Moderator: * Bob Atlas, MBA, Strategic Advisor and President, EBG Advisors, Inc. Speakers: * Cheri Lattimer, RN, BSN, CEO, Consulting Management Innovators (CMI) * Garry Carneal, JD, MA, President and CEO, Schooner Strategies See http://www.ebglaw.com/events/analyzing-trends-in-utilization-management-a-focus-on-regulations-thought-leaders-in-population-health-webinar-series/ These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Career Pathways: Attorney Cliff Barnes, Part 1: Developing Diverse Leaders
 
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The firm celebrates Diversity Awareness Month each October. Our Career Pathways series this month features attorney Clifford E. Barnes. In Part 1, Cliff discusses how throughout the firm's history, diversity and professional development have fueled an entrepreneurial culture. Learn more about Epstein Becker Green: http://www.ebglaw.com/careers Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. Founded in 1973 as an industry-focused firm, Epstein Becker Green has decades of experience serving clients in health care, financial services, retail, hospitality, and technology, among other industries, representing entities from startups to Fortune 100 companies. Operating in offices throughout the U.S. and supporting clients in the U.S. and abroad, the firm’s attorneys are committed to uncompromising client service and legal excellence. The content of these materials is copyrighted to Epstein Becker & Green, P.C.
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Employment Law This Week® - Episode 34 - Week of July 18, 2016
 
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Welcome to Employment Law This Week® - subscribe to our channel for new episodes every Monday! This week's stories include . . . (1) Ninth Circuit Affirms Conviction for Unauthorized Password Sharing - http://bit.ly/29YT6qk Our top story: The Ninth Circuit says unapproved use of a former co-worker’s password can be criminal. An ex-recruiting firm employee used a current worker's credentials to gain unauthorized access to a company database. The Ninth Circuit held that this act violated the "without authorization" prong of the Computer Fraud and Abuse Act, noting that permission for legal access must be given by a computer system’s owner. This decision could have wide-reaching implications in an area of law that has become increasingly criminalized over the past few years. Jim Flynn, from Epstein Becker Green, has more. "The Nosal case takes the criminalization trend forward in three important ways. First, it takes the statute out of a very technical hacking basis and applies it to a very common-sense situation. .The second way it brings it forward is to really couple what's going on in the Computer Fraud and Abuse Act with what's going on in the Economic Espionage Act. And that's an important development. The Nosal case deals with both of them and shows that enforcement can be very effective. The third way that it brings forward trade secret law is to show that there is the availability of criminal relief, but all of these developments also apply on the civil side, because the statutes have civil remedies as well. I, as an attorney representing private litigants, can bring forward claims very similar to what prosecutors do." (2) NLRB Changes Rules for Organizing Mixed Units - http://bit.ly/29CgVTb Unions can now organize employees of two companies together without the permission of either employer. That’s according to the NLRB, which ruled this week in Miller & Anderson that it would recognize these mixed units when they find that the companies are joint employers and share a “community of interest.” The Board’s decision overrules their 2004 Oakwood Care Center decision, which held that these mixed units would only be ordered where both employers agreed. This decision will impact many employers and is likely to increase union efforts to represent leased and temporary workers along with an employer’s own workforce. For more on this case, click here: http://bit.ly/29VleLq (3) Seventh Circuit Appeal Clarifies Mental Health Accommodations in the Workplace - http://bit.ly/29UFFJu In Felix v. Wisconsin Dept. of Transportation, the Seventh Circuit Appeals Court ruled in favor of an employer who terminated a longstanding worker with an anxiety disorder. After the employee was found in a public area rolling around on the floor, the company placed her on leave under the Family and Medical Leave Act and ordered an independent medical examination. She was ultimately fired. The worker then filed a lawsuit claiming that she was fired because of her disability. The appeals court found that an employer isn't required to ignore disruptive behavior even if it's the result of a disability, noting that the employer gave careful consideration to the incident before deciding to terminate. (4) EU Leaders Approve Privacy Shield Deal - http://bit.ly/29Jv1Sn The “Privacy Shield” data transfer pact goes into effect: The European Commission has approved the Privacy Shield, which will allow personal data to be transferred from the EU to the United States. The previous Safe Harbor framework was ruled invalid in 2015 by the European Court of Justice, leaving US companies operating internationally in legal limbo. The new framework tightens restrictions and imposes stronger obligations on US companies to protect the data of Europeans. (5) Tip of the Week - http://bit.ly/29KhCw9 Sharon Scrima, Human Resources Specialist at Nippon Life Global Investors Americas, tells us some advice on the importance of management training for new supervisors. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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The DOL's Wage and Hour Division Offers Guidance on Joint Employment
 
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The Department of Labor’s Wage and Hour Division offers its interpretation of joint employment. The federal Wage and Hour Division issued an Administrator’s Interpretation with new guidelines for joint employers under the FLSA and Migrant and Seasonal Agricultural Worker Protection Act. The Division makes it clear that it believes employers are regularly part of joint employment relationships with their vendors and business partners. If an employee files a claim or lawsuit and a joint-employment relationship is found, both employers can be found liable for violations. Michael Thompson, from Epstein Becker Green, has more. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week - Episode 10 - Week of January 11, 2015
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week’s stories include... (1) New California Laws in 2016 - http://bit.ly/1OSBXiQ Starting this year, California employers will have 33 days to correct wage statement violations before employees can sue under the state’s Private Attorneys General Act. In addition, AB 304 amends California’s Paid Sick Leave Law to authorize employers to use their own methods of calculating accrued sick leave, as long as the leave accrues regularly and 24 hours of leave accumulates by the 120th day of employment. Also, foster parents, stepparents, and anyone acting in loco parentis are now included as parents who can take unpaid time off from work to address needs related to a child’s school or child care provider. Finally, and perhaps most importantly, a new amendment to California’s “Fair Pay Act” toughens the state’s existing equal pay law. The old law prohibited gender-based pay differentials for employees doing equal work in the same establishment.  The law now requires equal pay for male and female employees who do “similar work” under “similar working conditions.” This means that the law may no longer take into account varying cost of living in different areas of the state. William O. Stein from Epstein Becker Green goes into more detail. Click here for more on the Fair Pay Act - http://bit.ly/1VQPhUg (2) Minimum Wage Rises in Many States Nationwide - http://bit.ly/1POfekU Nationwide, the activism around minimum wages has had a big impact on new legislation coming into effect this year. Sixteen states and the District of Columbia will raise their minimum wages in 2016. California and Massachusetts will have the highest state minimum wages at $10/hour. Some city governments have gone even higher.  San Francisco employers and large Seattle employers that do not provide medical benefits will have to pay a minimum of $13/hour. Click here for specific minimum wage rates - http://bit.ly/1JzqHW2 (3) New York Implements the "Women's Equality Act" - http://bit.ly/1JzzN5i In New York this month, the state will implement the “Women’s Equality Act,” which, among other provisions, requires that employers provide accommodations to all pregnant employees, not just those with pregnancy-related disabilities. And in late December, New York City issued an interpretation of the city’s Human Rights Law explaining that employers must use an individual’s preferred pronouns and titles, provide single-sex facilities consistent with an employee’s gender identity, and cannot have any dress code requirements that differ based on gender. Click here for more on the Women's Equality Act - http://bit.ly/1mIOrx6 (4) EEOC Releases Guidelines on Muslim Discrimination - http://bit.ly/1PjnZRe On the federal level, the Equal Employment Opportunity Commission (EEOC) released new guidance documents over the holidays on workplace discrimination against Muslims or Middle Eastern individuals. The agency released separate documents for employees and employers addressing harassment, intimidation, and discrimination. Among other things, the guidance explains that comments about “terrorism” or “ISIS” can be ethnic or religious slurs that can create a hostile work environment. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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New Jersey Passes Diane B. Allen Equal Pay Act (with Denise Dadika)
 
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New Jersey passes sweeping equal pay legislation. Governor Murphy has signed what some claim are the strongest equal pay restrictions in the country. The new legislation amends the state’s Law Against Discrimination to prohibit employers from paying members of a protected class less than other employees for substantially similar work. The legislation allows employees in those protected classes to recoup up to six years of back pay and prohibits employers from taking action against employees who discuss wages. Denise Dadika, from Epstein Becker Green, has more. This is an extended interview from Employment Law This Week® (Episode 115: Week of April 30, 2018), an online series by Epstein Becker Green. https://youtu.be/C4roMH2Ru6g Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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ACA Information Reporting on Forms 1094 and 1095 B&C: Getting Ready for 2017 Webinar
 
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Join Michelle Capezza, Member of the Firm at Epstein Becker Green, and Howard M. Gerver, President of ACA Managed Services, for a conversation regarding best practices for ACA information reporting, addressing such topics as: * Data collection and troubleshooting * Addressing invalid names and social security numbers * Determining whether an offer of qualifying coverage was made and assigning the correct code * Employee Status Codes * Misclassified workers * Approaching corrections and penalties * New Developments With the first year of ACA information reporting completed, it is time to prepare for 2016 information reporting that will be filed in 2017. As the potential for IRS audits and penalties loom, explore some of the pitfalls and lessons learned from the recent inaugural process in order to streamline and improve your compliance with the requirements. Webinar recorded on September 8, 2016. http://www.ebglaw.com/events/aca-information-reporting-on-forms-1094-and-1095-bc-getting-ready-for-2017-webinar/ These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week - Episode 8 - Week of December 14, 2015
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week's stories include... (1) Court Expands Purview of “Disparate Impact” Claims - http://bit.ly/1Q8x451 Our top story this week: The Eleventh Circuit opens the door for “disparate impact” claims from applicants as well as employees. The court allowed an age bias claim to go forward against R.J. Reynolds Tobacco Company from an online job seeker who was rejected repeatedly for employment. Company guidelines allegedly directed hiring managers to target people who are “2-3 years out of college” and to “stay away from” applicants with “8–10 years” of experience. The plaintiff is arguing that these guidelines have a disparate impact on older workers and led the company to reject his application. David Garland from Epstein Becker Green goes into further detail. Click here for more on recent EEOC initiatives to monitor - http://bit.ly/1XhRFV2 (2) Affirmative Action in Education - http://bit.ly/1Nnu4Mf This week, the Supreme Court of the United States heard arguments in an affirmative action case, Fisher v. University of Texas. We will be following up in later episodes on issues surrounding applicants and affirmative action in employment, in light of the possible implications of this case. (3) Fifth Circuit Clarifies What Constitutes Genetic Information - http://bit.ly/1OXV9bw A paramedic with the San Antonio Fire Department sued his employer after he was placed on alternative duty for refusing to take a physical exam as part of the department’s wellness program. The Fifth Circuit ruled that the Genetic Information Nondiscrimination Act (GINA) prohibits tests that examine DNA and other structures within human cells, but not medical tests like those for cholesterol or blood counts. Click here for more on wellness programs - http://bit.ly/1Y37Jha (4) Alleged ADA Violation Challenged - http://bit.ly/1Q8xzfs Orion Energy Systems and the Equal Employment Opportunity Commission (EEOC) both moved for summary judgment in their ongoing wellness program penalty battle. Orion offered a wellness program through which the company paid the health insurance premiums of participating employees who took a medical exam. The plaintiff refused and therefore had to pay more than $400 per month to cover her insurance premiums, along with a $50 monthly penalty for refusing the fitness part of the program. Orion claims that the medical exam was voluntary, but the EEOC contends that the financial consequences made it involuntary and illegal under the Americans with Disabilities Act (ADA). (5) Potential Limitations on Time Restrictions in Employment Contracts - http://bit.ly/1NTlkMZ The New Jersey Supreme Court could limit an employer’s right to put contractual time restrictions on employee suits. Nine months after his termination, the plaintiff, a former employee of the Raymour & Flanigan furniture chain, sued the company for alleged disability bias under the New Jersey Law Against Discrimination. Despite the two-year statute of limitations under the law, the employer included a six-month time limit in the plaintiff’s employment application. After the furniture company won a victory in the lower courts, the New Jersey Supreme Court is considering whether the time limit is enforceable. Increasingly, courts around the country are scrutinizing contract terms between employers and employees. We’ll keep watching this one to see how the high court rules. (6) Tip of the Week - http://bit.ly/1TGfPWu Heidi Hayden, Chief People Officer at the National September 11th Memorial & Museum, shares some advice on supervisor and HR roles in handling employee relations issues. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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How Do I Execute a Risk Mitigation Plan? - Privacy & Security Crash Course
 
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Epstein Becker Green Webinar - Presented by Brandon C. Ge After an organization has conducted a risk assessment and identified risks and vulnerabilities, key decisions must be made on how to manage and mitigate those risks to acceptable levels. In this crash course webinar, we’ll walk you through prioritizing risks and deciding what security measures to implement. Visit http://www.ebglaw.com/events/privacy-security-crash-course-how-do-i-execute-a-risk-mitigation-plan-15-minute-webinar/ These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 109 - Week of March 19, 2018
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! (1) NYC Introduces Expanded Sexual Harassment Legislation - http://bit.ly/2tPGQF6 Our top story: New York City introduces #MeToo legislation. The City Council has introduced a package of bills modifying sexual harassment laws. One bill would require private employers with at least 15 employees to implement annual sexual harassment training. The laws could add significant and costly requirements, particularly for smaller businesses. Ian Carleton Schaefer, from Epstein Becker Green, has more. For more, click here: http://bit.ly/2FMLJQX (2) Sixth Circuit: Title VII Covers Gender Identity - http://bit.ly/2FWukc1 The U.S. Court of Appeals for the Sixth Circuit rules that Title VII of the Civil Rights Act of 1964 (“Title VII”) covers gender identity. The Equal Employment Opportunity Commission (“EEOC”) sued a Michigan funeral home for firing its director after learning that she planned to transition from male to female. The employer claimed protection under the Religious Freedom Restoration Act. The federal district court agreed, but a panel for the Sixth Circuit found that firing the plaintiff due to her transgender status was unlawful discrimination on the basis of her sex. The court also held that enforcing Title VII did not "substantially" burden the employer’s religious exercise. This is the second federal appellate court in recent weeks to have sided with the EEOC’s interpretation of “sex” under Title VII. For more, click here: http://bit.ly/2pl1IyT (3) Nurse Can Pursue False Claims Act Suit - http://bit.ly/2FNkHZI The Sixth Circuit ruled that a nurse who claims that she quit her job rather than participate in fraud can proceed with her False Claims Act lawsuit alleging constructive discharge. The district court dismissed her suit, holding that such a claim requires the employer to have a “specific intention” to cause the employee to quit. The Sixth Circuit reversed and concluded that an employer’s intent can support a constructive discharge claim if it can reasonably foresee that the plaintiff might be forced to resign as a consequence of its actions. (4) DOJ Sues Wisconsin County for Flu Shot Policy - http://bit.ly/2FQJEn0 A nursing assistant got sick over a county flu shot policy. An employee at a Wisconsin county nursing home claims that she was forced to get a flu shot despite her religious objections. The county policy required a written statement from a clergy member in order to get a religious exemption. The employee was not affiliated with a church and provided a letter she'd written herself. She was forced to get the shot to avoid termination. After she filed an EEOC complaint, the agency referred the case to the Justice Department, which has now filed a Title VII suit claiming that the county’s policy fails to reasonably accommodate religious beliefs. (5) Tip of the Week - http://bit.ly/2pnHwgD Russ Ebersole, General Manager for King Cole Audio Visual Service, shares some advice for small employers on keeping up and complying with employment laws in the current environment: “In 2017, countless new employment laws were enacted in New York State, California, Illinois, and many other jurisdictions. These include wage and hour, family leave and sick time policies, scheduling requirements, tax levies, and more. Small businesses are not exempt, and keeping abreast of these changes can be a daunting task. We must become familiar with these laws of regulations, and we must also develop policies and procedures for proper implementation. Failure to comply can be costly. So, how do we stay on top of it all? Review the advisories and other resources sent by outside counsel, like Epstein Becker & Green. Seek additional resources, such as state and local government websites. Sign up for their mailing list so you receive timely updates directly from the source. For example, Governor Cuomo's office releases many of these advisories in New York.” Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Recent Employee Arbitration Agreements - Featuring Nausheen Rokerya
 
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Nausheen Rokerya, Associate General Counsel, Labor & Employment, for Visiting Nurse Service of New York, offers some advice on what to do in light of recent employee arbitration agreement decisions. This includes most recently the Gold decision in New York, which found class action waivers to be unenforceable: “New York employers sitting in Manhattan and the Bronx are bound by the Gold decision, and so they should carefully consider the likely impact it will have on litigation strategy of plaintiffs' attorneys. First, plaintiffs' lawyers are unlikely to file FLSA complaints in federal court, where Second Circuit precedent finding class action waivers enforceable is still binding. At the same time, we do expect to see an uptick in state court filings, where plaintiffs' lawyers are likely to seek to nullify class action waivers, making it nearly impossible for employers to then rely on those waivers to defeat class certification. While the Gold decision is current law in Manhattan and the Bronx, the U.S. Supreme Court is actually scheduled to hear oral argument on this very issue on October 2. We do expect the [Supreme] Court's decision to resolve the current split among the federal courts sometime in early 2018.” This is a "Tip of the Week" segment from Employment Law This Week® (Episode 87: Week of September 18, 2017), an online series by Epstein Becker Green. https://youtu.be/trXUq_taCAU Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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"Leave" as a Reasonable Accommodation Under the ADA - Featuring Nausheen Rokerya
 
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Nausheen Rokerya, Associate General Counsel for Visiting Nurse Service of New York, has some advice on leave as a reasonable accommodation under the Americans with Disabilities Act, based on guidance from the Equal Employment Opportunity Commission (EEOC). This is a "Tip of the Week" segment from Employment Law This Week® (Episode 61: Week of February 27th, 2016), an online series by Epstein Becker Green. https://youtu.be/3K4qLTY9-R8 Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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The EEOC's New National Origin Discrimination Guidance (with Richard Palmer)
 
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Here’s your chance to weigh in on new national origin discrimination guidance. The Equal Employment Opportunity Commission (EEOC) is soliciting public comments until July 1 on its proposed new guidance. Approximately 11% of private-sector EEOC charges filed in fiscal year 2015 were national origin discrimination claims. The new guidance addresses issues like human trafficking, accent discrimination, and job segregation. Richard Palmer, from Epstein Becker Green, goes into further detail: "The new guidelines are similar in scope to the guidelines issued back in 2002. However, some areas have been expanded, and there are some new areas altogether. . . . One area where an employer may want to provide public comment relates to customer preference. As written, it is unlawful for an employer to base an adverse employment decision on the preference of a customer to deal with someone without an accent. . . . In addition, the proposed guidance contains a new section called ‘Promising Practices.’ I encourage employers to review these practices and comment if you believe that these practices are overreaching." This is an extended interview segment from Employment Law This Week (Episode 30: Week of June 13, 2016), an online series by Epstein Becker Green - http://bit.ly/1VRbCUg Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 114 - Week of April 23, 2018
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! 1. DOJ Cracks Down on Non-Solicitation Agreements - https://bit.ly/2Hoqt4N Our top story: The Department of Justice (DOJ) makes good on its promise to crack down on non-solicitation agreements. The DOJ’s Antitrust Division has entered into a settlement with two of the world’s largest railroad equipment manufacturers, part of the broader antitrust investigations announced by the agency in October 2016. According to the DOJ, the two companies had entered into a no-poaching agreement that “restrained competition for employees.” The civil complaint is the first case brought by the DOJ since its 2016 antitrust guidance statement. In a press release, the DOJ noted that this particular case was a civil one because the agreement ended before the 2016 guidance, but the agency said that it would criminally prosecute any violations that post-dated the guidance. Eddie Loya, a former federal prosecutor and Member of the Firm at Epstein Becker Green, has more: “Although there was a written agreement in this case, the DOJ made it clear in announcing the settlement that they would prosecute cases where there was an oral agreement or where there was a handshake and a nod. And the DOJ is going to look at the company's relationships with one another, how business is done over time, and the entire circumstances to see whether or not companies, in fact, had an agreement not to compete with one another for employees. And so, companies need to be extra vigilant here and not be complacent and be under the misimpression that these types of cases are only set aside for the most egregious offenders.” For more, click here: https://bit.ly/2JdPBvL 2. Labor Department Releases First Opinion Letters - https://bit.ly/2F8zdu1 Opinion letters make a comeback. The U.S. Department of Labor’s Wage and Hour Division has released three opinion letters. The first explains when hourly employees with irregular work hours must be paid for time spent traveling between worksites. The second states that an employee’s 15-minute breaks required under the Family and Medical Leave Act are not compensable because they primarily benefit the employee. And the third explains that certain lump-sum payments qualify as earnings under the Consumer Credit Protection Act if made in exchange for personal services. Notably, these are the first opinion letters issued by the Division in nearly a decade. Last year, the Department of Labor announced a resumption of the practice, which was discontinued under President Obama. For more, click here: https://bit.ly/2HEOd8i 3. Senate Confirms John Ring to NLRB - https://bit.ly/2HoiSrf John Ring joins the National Labor Relations Board (NLRB). The Senate has narrowly confirmed Ring to a seat on the NLRB. This returns the NLRB to a full five members and restores the 3-2 Republican majority. The management-side employment lawyer fills the seat left by former Chairman Philip Miscimarra. President Trump has now tapped Ring to serve as the NLRB’s Chairman. Member Marvin Kaplan, who had been serving as Acting Chairman, continues to serve on the NLRB. For more, click here: https://bit.ly/2qOUW4T 4. New State Law Developments Affecting Employers - https://bit.ly/2HlIvJc There are two new state law developments to highlight this week on opposite coasts. New Jersey has passed the Paid Sick Leave Act, which requires all private employers to provide up to 40 hours of paid sick leave a year, regardless of the company's size. This law will preempt the patchwork of local sick leave laws within the state. And Washington State has passed #MeToo legislation prohibiting nondisclosure agreements related to discussing sexual harassment or assault allegations in the workplace. That law will go into effect on June 7. For more, click here: https://bit.ly/2HgmUBT 5. Tip of the Week - https://bit.ly/2HKb2Hr John Tomaszewski, Jr., from BDO USA, LLP, offers advice on updating compensation structures and benefits policies in 2018. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 82 - Week of August 7, 2017
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! (1) DOL Issues RFI on FLSA Overtime Exemption Regulations - http://bit.ly/2ubo7E5 Our top story - The Department of Labor may be moving to formally roll back Obama-era overtime exemption regulations. Regulations that more than doubled the salary thresholds for most white-collar exemptions were supposed to go into effect in December 2016, but the Department was enjoined from enforcing them. The DOL has now issued a Request for Information seeking public comment on topics including the amount of the salary threshold, how it should be determined and whether there should be any minimum salary requirement at all. Adriana Kosovych, from Epstein Becker Green, has more. (2) Second Circuit: NLRA Does Not Preempt NYSHRL- http://bit.ly/2vxPHL3 The Second Circuit finds that the NLRA does not preempt the New York State Human Rights Law for discrimination claims filed against a union by its members - Members of a New York local accused the union of discriminatory activity in violation of the New York State Human Rights Law. The union sued for declaratory judgment, arguing that the state law was preempted by the NLRA's duty of fair representation. Reversing the lower court's ruling, the Second Circuit found that the duty of fair representation in the National Labor Relations Act presents no conflict with the NY law, and was not designed or intended to preempt state laws focused on combatting discrimination. (3) San Francisco Bans Salary History Inquiries - http://bit.ly/2vxZS29 San Francisco bans salary history inquiries - San Francisco joins New York City, Philadelphia, and the states of Massachusetts, Delaware, and Oregon as the latest jurisdiction to pass this type of legislation. The law will prohibit employers from asking applicants about current or past wages. The Parity in Pay Ordinance also bars employers from releasing salary information to a prospective employer without written consent. This legislation is based on the theory that relying on compensation history to determine starting pay contributes to gender wage inequities. The law will go into effect on July 1, 2018. A similar law is currently pending in the California Senate. Click here for more: http://bit.ly/2v3qiq9 (4) Pregnant Workers Fairness Act Signed Into Law - http://bit.ly/2huzhO2 And the Pregnant Workers Fairness Act is signed into law in Massachusetts - Starting April 1st, 2018, employers in Massachusetts must make reasonable accommodations for pregnant workers and workers with pregnancy-related conditions. The law also protects these workers from related discrimination and retaliation. Massachusetts joins 21 other states and D.C. in explicitly granting these protections. (5) Tip of the Week - http://bit.ly/2vy8fL1 Jennifer Fournier, General Counsel and VP of the HR and Compliance Group at The Schuster Group, provides some advice on utilizing job descriptions to minimize risk and improve communication. “Clear and concise communication written through the job description is a wonderful way for employers and employees to work together to understand exactly what the goals are for the position. When they're able to do that, you're going to find that your employees have greater productivity over time and increased job satisfaction, which will do nothing but benefit your organization. When we have a good job description on paper, we're able to look at that in a risk management way. We can refer back to that when we're dealing with discipline and other corrective actions that may need to occur along the way as someone is employed with you. And that can really help to minimize your litigation risks and, unfortunately, if you go to that place, have great documentation for your attorneys and legal team to move forward with whatever action might be out there.” Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Overview of Value-Based Payments Efforts Under Medicare - Crash Course Webinar Series
 
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Epstein Becker Green Webinar with Attorney Helaine Fingold - Value-Based Payments Crash Course Webinar Series - May 3, 2016. Topics include: * Highlights of the U.S. Department of Health and Human Services' goals and timeline to move fee-for-service Medicare from volume to value * A summary of the value-based payment initiatives being implemented in the fee-for-service Medicare program, including those for hospitals, physicians, home health, and skilled nursing facilities http://www.ebglaw.com/events/overview-of-value-based-payments-efforts-under-medicare-value-based-payments-crash-course-webinar-series/ These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Trends in Medicaid Disruption: Thought Leaders in Health Law Video Series
 
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In this Thought Leaders in Health Law® video, Jackie Selby, Kevin J. Malone, and Clifford E. Barnes, attorneys in the Health Care and Life Sciences practice, take a look at what the ongoing shift of Medicaid funding from the federal government to the states means for health care payors and providers. This video discusses the following: * Steps the Trump administration has taken to shift Medicaid funding to the states, despite the failure of formal legislation to replace the Affordable Care Act * The impact that the shift in funding will likely have on coverage and reimbursement * The increased need for health care providers to continue to work collectively towards value-based payment and delivery system reform * How to address the legal issues and risks that will result from this increased focus on value-based payment * Changes both health care payors and providers should consider in light of these funding and payment trends Epstein Becker Green’s Value-Based Purchasing and Accountable Care team assists both health care payors and providers in assessing risk and finding the business and legal solutions to best execute value-based purchasing arrangements: https://www.ebglaw.com/value-based-purchasing-and-accountable-care/ The Thought Leaders in Health Law® video series tracks the latest trends in multiple areas of the health care and life sciences industries, featuring attorneys and advisors from Epstein Becker Green and EBG Advisors. Visit http://www.ebglaw.com/thoughtleaders These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. THOUGHT LEADERS IN HEALTH LAW® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Big Data & People Analytics - Employment Law This Week® - Episode 111 - Week of April 2, 2018
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! Big Data and People Analytics In this week’s show, we take a look at the legal implications of an intriguing trend in the field of human resources: the use of big data and people analytics. These tools can assist employers in analyzing large data sets to help with hiring, recruiting, measuring productivity, evaluating fitness for promotion, and more. Frank Morris, from Epstein Becker Green, has seen data analytics emerge as an increasingly important area of his practice: “Businesses are using people analytics today to get away from what they've done in the past— just using headhunters, posting to job boards, seeking resumes, putting ads both online and in hard copy papers—to get a broader net, and to get a broader net of folks brought in who are going to be able to do the work that now needs to be done in an increasingly tight labor market, and to be diverse and inclusive at the same time. So, it really marks a change in the way the net is being cast, as well as some of the indicia that are supposedly being tested through the use of people analytics.” The opportunity to increase efficiency, reduce costs, and improve decision-making is huge. The vast majority of U.S. employers consider people analytics important, and investors see the market potential. In recent years, billions of dollars have been invested in backing companies making applications that use this technology. But Deloitte’s HR Consulting branch reports that, as of early 2016, only 8 percent of companies were actually using predictive analytics. One reason that employers have been slow to deploy the technology is that it carries its own risks of legal exposure. Nathaniel Glasser, from Epstein Becker Green, recently collaborated with Frank Morris on an article looking at the legal implications of this technology. We asked him about the risks: “The expectation with using people analytics is often that you'll reduce subjectivity and therefore decrease the risk of an intentional discrimination claim. Companies have to be careful that the algorithm that they use doesn't perpetuate biases or otherwise increase the risk of a disparate impact claim. Companies also must be aware of the record-keeping rules that apply to them, whether they're a private company serving the private sector, or a federal contractor that might be subject to different record-keeping requirements under the OFCCP.” For more, click here: https://www.ebglaw.com/news/big-data-people-analytics-and-employment-decisions-the-rewards-and-often-overlooked-risks/ Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 57 - Week of January 30, 2017
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! (1) Supreme Court Will Resolve Class Action Waiver Split - http://bit.ly/2kNu6FY Our top story: The U.S. Supreme Court takes on class action waivers. In 2012, the National Labor Relations Board (NLRB) ruled that class action waivers in arbitration agreements violate employees’ rights under the National Labor Relations Act (NLRA). The U.S. Court of Appeals for the Second, Fifth, and Eighth Circuits disagreed, finding that these waivers do not violate the NLRA and are enforceable under the Federal Arbitration Act. More recently, the Seventh and Ninth Circuits sided with the NLRB on the issue. The Supreme Court will consider three cases in order to resolve this split, but any resolution could depend on the timing of the hearing. If the case is heard this term, before President Trump’s nominee for the vacancy on the Supreme Court is confirmed, it could end in a 4-4 tie. That would leave the law as it stands, and the split would continue. John Houston Pope, from Epstein Becker Green, has more. For more, click here: http://bit.ly/2kKl54l (2) DOL Files Suit Against Oracle - http://bit.ly/2kI9nE2 The Department of Labor (DOL) is accusing computer technology giant Oracle America of paying women and minorities less than their counterparts and of discriminatory hiring practices that favor certain Asian applicants. The suit was filed after an audit by the Office of Federal Contract Compliance Programs at Oracle’s headquarters in California, which found violations from January 2013 to the present. The DOL is seeking a court order canceling Oracle's federal contracts and requiring relief for the affected groups. Oracle claims that the suit is politically motivated. For more, click here: http://bit.ly/2jKjLNk (3) EEOC Releases FY 2016 Claims Data - http://bit.ly/2kkQ5a7 Equal Employment Opportunity Commission (EEOC) claims increased for the second year in a row. The EEOC has released detailed breakdowns of the 91,503 workplace discrimination charges filed in fiscal year 2016. Retaliation charges were the most common in 2016, making up 45.9% of all charges filed. This is the first year that the agency has included statistics about LGBT charges in its summary, showing the resolution of 1,650 sex discrimination charges and the recovery of $4.4 million for LGBT individuals. (4) Final Rule for Highly Skilled Workers Goes Into Effect - http://bit.ly/2jwLU6Q U.S. Citizenship and Immigration Services and the Department of Homeland Security have published a final rule that makes it easier to sponsor and retain skilled workers. The rule gives added job flexibility and protection to foreign workers in H-1B status or in the process of applying for a green card, and the rule adds grace periods for certain skilled workers to remain in the country while between jobs. Also, the rule expands the eligibility of certain employers for H-1B cap exemptions and clarifies how hospitals and other health care organizations can benefit from these provisions. For more, click here: http://bit.ly/2kLDwSn (5) Tip of the Week - http://bit.ly/2jocYdq Hakim Berry, Chief Human Resources Officer for the Northeast Region of Tenet Healthcare, has some advice on the impact of social technology in the health care workplace: Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Non-Solicitation Violation Leads to $6.9M in Damages (with Anthony Laura)
 
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Former employees turned competitors in Pennsylvania are hit with $4.5 million in punitive damages. An insurance brokerage firm sued a group of employees, claiming that they violated their non-solicitation agreements by luring away employees and clients to launch a new office for a competitor. A lower court awarded the firm nearly $2.4 million in compensatory damages and $4.5 million in punitive damages because of the defendants’ outrageous conduct. On appeal, the appellate court agreed and upheld all damages. Anthony Laura, from Epstein Becker Green, has more. This is a segment from Employment Law This Week® (Episode 43: Week of September 26, 2016), an online series by Epstein Becker Green. https://www.youtube.com/watch?v=Rhif9SGytzw Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week - Episode 32 - Week of June 27, 2016
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week's stories include . . . (1) NJ Supreme Court Voids Filing Deadline - http://bit.ly/295iWrd Our top story: The New Jersey Supreme Court voids a time limit on discrimination claims. A furniture store employee filed a discrimination claim nine months after he was fired, alleging he was terminated in retaliation for filing a worker’s comp claim. While the state of New Jersey has a two-year time limit for filing claims under the Law Against Discrimination, the worker had signed a job application with the company that imposed a six-month time limit. In a landmark decision, the New Jersey Supreme Court reversed appellate and trial decisions in this case, ruling that the contract violates public policy. Carmine Iannaccone, from Epstein Becker Green, tells us how this ruling could impact the way that employers use their job applications: "Employers really use employment applications for a lot of reasons, in addition to finding out background and experience and making employment decisions. They do use the application to remind the employee about the at-will employment status. They use it to obtain commitments to arbitrate, and if, as the court said, employment applications are, by definition, contracts of adhesion, it may be that employers are going to have to look carefully at their employment applications and maybe separate out arbitration commitments and other agreements that the employee makes in signing the employment application, because the court believes that there isn’t meaningful bargaining and the employee really isn’t in a position to agree to things in the employment application process." (2) EEOC Releases Sample Employee Wellness Notice - http://bit.ly/28Ts17b As part of its final rule on wellness programs, the U.S. Equal Employment Opportunity Commission (EEOC) stipulated that employers that ask employees medical questions as part of a wellness program must post a notice to participants. The agency recently issued a sample notice for employers to use as a guide, providing much-needed clarification on the issue. According to the sample, the notice must clearly explain what information will be collected, how it will be used, who will have access to the information, and how it will be kept confidential. (3) DOL Clarifies Timeline of “Persuader Rule” Enforcement - http://bit.ly/28SneVX The Department of Labor (DOL) spells out the timeline for its amended “Persuader Rule.” The Office of Labor Management Services indicated that indirect persuader activities do not need to be reported if they arise from agreements entered into before July 1, 2016. Indirect activities occur when a persuader does not directly communicate with employees. Under the amended Persuader Rule, employers and labor relations consultants, including law firms, will be required to report indirect activities. Activities arising from arrangements made by this Thursday will not need to be reported. In related news, an injunction against this amended rule was denied last week, though a U.S. district court judge in Minnesota found that the DOL likely exceeded its authority in changing the advice exception. There are two other challenges to this amended rule currently in the courts. For more on this story, click here: http://bit.ly/28TNDEc Find more on the district court case here: http://bit.ly/28SWK4t (4) First Circuit Upholds Reversal of Pin Ban - http://bit.ly/28StFHf A Honda dealer's dress code banning pins violates the rights of employees under the National Labor Relations Act to wear union insignia. That’s according to the U.S. Court of Appeals for the First Circuit, which recently upheld a decision by the National Labor Relations Board (NLRB) on the matter. The Honda dealer significantly revised its handbook in 2013 after challenges from employees, but it failed to get rid of its ban on pins. The NLRB rejected the ban, and the company appealed to the First Circuit. In a split decision, the First Circuit backed the NLRB, granting its petition for enforcement. The dissenting judge argued that the majority’s decision makes it difficult for businesses to enforce dress code policies, allowing the NLRB to play “fashion police.” (5) Tip of the Week - http://bit.ly/28T1bLj Vera Sullivan, Founder and President of Diversityforce LLC, shares some advice on building partnerships to achieve organizational goals. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Seventh Circuit Panel: Title VII Does Not Cover Sexual Orientation Bias (with Jeremy Brown)
 
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Our top story: A panel of the U.S. Court of Appeals for the Seventh Circuit ruled that Title VII of the Civil Rights Act of 1964 (Title VII) does not cover sexual orientation bias. A teacher at a community college filed suit after being passed over six times for a full-time position, alleging that the rejections were based on her being a lesbian. The Seventh Circuit panel, in Hively v. Ivy Tech Community College, upheld a lower court's dismissal of the case, noting that sexual orientation is not included in the workplace protections covered under Title VII. The three-judge panel criticized this lack of protection but said that any change must come from the U.S. Supreme Court or a new federal law from Congress. Jeremy Brown, from Epstein Becker Green, has more. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Summary Judgment Granted in Whistleblower Case (with Jason Kaufman)
 
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A Dodd-Frank whistleblower case is dismissed in the U.S. District Court for the Southern District of New York. The court granted the employer’s summary judgment motion, ruling that two executives could not causally connect their termination to what the judge found to be vague complaints about the company's internal controls. The judge noted that the three months between the executives’ activity and their termination was too long to be considered connected, without any corroborating evidence. Jason Kaufman, from Epstein Becker Green, has more: This is a segment from Employment Law This Week® (Episode 61: Week of March 6th, 2017), an online series by Epstein Becker Green. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Breaking News – NLRB Proposes Change to Test for Determining Joint-Employer Status
 
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In this breaking news flash from Employment Law This Week®, Steven M. Swirsky, a Member of the Firm and former National Labor Relations Board (“NLRB” or “Board”) attorney, discusses the significance of the NLRB's proposed rule that would adopt a new standard for determining whether two employers are “joint employers.” He also addresses what employers can expect to happen next with the proposed rule, including possible challenges to the Board’s efforts to adopt this new standard in light of the conflict-of-interest dispute that resulted from the NLRB vacating its December 2017 decision in Hy-Brand (in which the Board attempted to adopt a similar standard and overrule the Obama-era standard previously adopted in Browning-Ferris Industries). For more, read this recent blog post: https://www.managementmemo.com/2018/09/14/nlrb-proposed-rule-will-redefine-joint-employer-status-rule-will-overrule-browning-ferris-and-require-direct-and-immediate-control/ We invite you to view Employment Law This Week® – tracking the latest developments that could impact you and your workforce. The series now features three components: Breaking News, Deep Dives, and Monthly Rundowns. Watch the series and subscribe for email notifications: http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Sexual Harassment Allegations Lead to Shareholder Lawsuits (with William Milani)
 
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Sexual misconduct in the C-suite leads to shareholder lawsuits. Last month on this program, you heard that sexual misconduct allegations would start impacting shareholder value and reputation. Now we’ve got a case study in Wynn Resorts. After The Wall Street Journal uncovered multiple sexual misconduct allegations against Casino mogul Steve Wynn, the company’s stock fell nearly 20 percent. Wynn resigned a week later, but the company’s troubles were far from over. The first shareholder lawsuit was filed the day Wynn resigned, and to date three suits by shareholders claim that Wynn and the Board breached their fiduciary duties to the company and its shareholders. Bill Milani, from Epstein Becker Green, has more. This is an extended interview from Employment Law This Week® (Episode 106: Week of February 26, 2018), an online series by Epstein Becker Green. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 70 - Week of May 1, 2017
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! (1) Second Circuit Rules Facebook Rant Was Protected Activity - http://bit.ly/2qo9W7X Our top story: An employee’s Facebook rant was protected activity, says the Second Circuit. In the midst of a tense union campaign, a catering company employee posted a profanity-laced message on Facebook. The post insulted his supervisor and encouraged colleagues to vote for unionization. The employee was subsequently fired. Upholding an NLRB ruling, a panel for the Second Circuit found that the post was protected under the NLRA and the employee should not have been terminated. The Court noted that Facebook is a modern tool used for organizing. Ian Carleton Schaefer, from Epstein Becker Green, has more. For more, click here - http://bit.ly/2oQHyKM (2) Three Classes Certified in DC Metro Bias Case - http://bit.ly/2qo8t1B A district judge certified three classes in a DC discrimination case: A group of African American applicants and employees for the Washington Metropolitan Area Transit Authority claim they were disproportionately impacted by the agency’s background check system. The plaintiffs are arguing that they were disqualified because of criminal history that was unrelated to the job or occurred so long ago that it was irrelevant. A federal judge declined to certify a single class in the case, certifying three subclasses instead. Each class represents a different job category, which corresponds to different parts of the policy. (3) Philadelphia’s Salary History Law Temporarily Stayed - http://bit.ly/2oR6XUm Philadelphia's salary history ordinance is on hold: The law prohibiting employers from requesting an applicant's salary history was set to go into effect on May 23. A district judge temporarily stayed the effective date, and the City has agreed not to enforce it until the court has resolved an injunction request from the Chamber of Commerce for Greater Philadelphia. Among other constitutional challenges, the Chamber claims that the law violates the First Amendment. They argue that it unduly restricts an employer’s free speech because it is highly speculative whether the law will lessen wage disparities caused by gender discrimination. Click here for more - http://bit.ly/2qenOWg (4) DOL's Overtime Rule Appeal Delayed - http://bit.ly/2pqrd19 The DOL’s overtime rule will stay enjoined: The Fifth Circuit has granted the government’s request to delay its appeal of the injunction against the new salary thresholds. Before Alexander Acosta was confirmed as Secretary of Labor last Thursday, the Trump administration sought more time to determine what position it will take on the controversial rule. The government's final reply brief will now be due on June 30, unless another extension is requested. Click here for more - http://bit.ly/2pp8NOn (5) Tip of the Week - http://bit.ly/2pdLoBb Rochelle Kopp, Managing Principal for Japan Intercultural Consulting, shares some advice on best practices for team-building across cultures. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week - Episode 13 - Week of February 1, 2016
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week’s stories include ... (1) Wage and Hour Division Offers Guidance on Joint Employment - http://bit.ly/1PN42lI Our top story this week: The Department of Labor’s Wage and Hour Division offers its interpretation of “joint employment.” The federal Wage and Hour Division issued an Administrator’s Interpretation with new guidelines for joint employers under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. The Division clarifies that it believes that employers are regularly part of joint-employment relationships with their vendors and business partners. If an employee files a claim or lawsuit and a joint-employment relationship is found, both employers could be found liable for violations. Michael Thompson from Epstein Becker Green goes into greater detail. For more on the Administrator’s Interpretation, click here: http://bit.ly/20350Qt (2) EEOC Seeks Public Input on Guidance for Retaliation Claims - http://bit.ly/1RW82qn The Equal Employment Opportunity Commission (EEOC) is soliciting comments on new guidance for retaliation against employees who file discrimination claims. The agency last offered guidance on the issue in 1998, and the percentage of retaliation claims has grown by roughly half since that time. Taking into account significant rulings from the U.S. Supreme Court and lower courts on retaliation, the proposed guidance, among other things, adds extensive guidelines regarding retaliation against employees seeking accommodations for disabilities and makes clear that the EEOC considers prohibitions on discussing compensation to be highly suspect. To submit your comments, go to regulations.gov by February 24. For more on the EEOC’s new proposed retaliation guidelines, click here: http://bit.ly/1P0IxAJ (3) Eleventh Circuit Upholds OSHA Violation with Participating Supervisor - http://bit.ly/1PQuiCb The U.S. Court of Appeals for the Eleventh Circuit in Quinlan v. Secretary, U.S. Department of Labor limits the supervisory misconduct defense against Occupational Safety and Health Administration (OSHA) citations. At a construction worksite, a supervisor and his subordinate from Quinlan Enterprises were found working on a 15-foot wall without fall protection or a secure ladder. The company was held responsible for the OSHA violation because, in most cases, a supervisor’s knowledge of a violation is imputed to the employer. Quinlan appealed, citing the Eleventh Circuit’s decision in Comtran Group, Inc. v. U.S. Dept. of Labor. In Comtran, the Eleventh Circuit held that, when a supervisor participates in the violation independently, the supervisor’s knowledge of the act is not sufficient to establish that the employer is aware. The Quinlan court disagreed, noting that the Comtran exception does not apply because the supervisor was not the sole participant in the violation. For more on the Quinlan decision, click here: http://bit.ly/1Txa8g7 (4) Judge OKs Firing for Positive Marijuana Test in NM - http://bit.ly/1PQuotf There are no accommodations for medical marijuana in New Mexico. A district judge in Albuquerque ruled that Tennessee-based Tractor Supply Co. did not violate the law when it fired an employee who tested positive for marijuana. The employee uses medical marijuana under a doctor's recommendation, and he informed a hiring manager of his use during the process. The judge found that the employer had no duty to accommodate the use of a drug that is illegal under federal law. For more on this story, click here: http://bit.ly/2035yWM (5) In-House Counsel Tip of the Week - http://bit.ly/1nJ21kL Andrew Lauer, General Counsel for Yeshiva University, provides advice on how to manage an employee during the employment lifecycle. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 122 - Week of June 25, 2018
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! Artificial Intelligence in the Workplace “AI,” or artificial Intelligence, has been a buzzword for as long as any of us can remember. But now AI is entering the workplace at a rapid pace. As the technology gets more sophisticated and useful, employers are facing new challenges. Michelle Capezza, from Epstein Becker Green, has more: “With the changes in automation and artificial intelligence being introduced into the workplace, employers really need to strategically plan for the future and determine what the future composition of their workforce will be. If they're looking to fully automate departments, for example, or particular jobs, they may need to consider a serious workplace transition policy, as they need to move certain employees into different roles or actually transition individuals out of the company. They might need to consider severance programs, voluntary retirement programs, job sharing, virtual telecommuting, and flexible work arrangements, and even consider how they might reskill and retool their existing employees to prepare them for the new roles they may have to undertake, working alongside a machine in a co-bot type of a relationship.” Another area of concern is the impact of the future workforce on labor union relations. Adam Forman, from Epstein Becker Green, has more: “For those who have a union relationship already, employers need to keep in mind that the introduction of new AI technologies are a mandatory subject of bargaining, and, absent language in their contract reserving the right to unilaterally implement, they need to bargain over the implementation with the union. For those employers who do not have a union, they need to be mindful that fear and anxiety of employees may lead them to go to a union and try to organize with the belief that it could save their otherwise soon-to-be-outsourced job.” The human workforce can also feel threatened by changes in benefits and compensation. Employers should consider taking proactive steps in this area to ensure a positive work environment, as Michelle Capezza let us know: “One of the top concerns for employers definitely will need to be to determine what will be the right balance of benefits and compensation for the future workforce. We are going to see a need for a highly skilled worker, someone who adds value as a human when there are certain jobs being performed by machines for some of the more routine tasks.” Adam Forman has more: “As with most HR best practices, there's no one-size-fits-all strategy for employers who are looking to implement AI in the workplace. There are, however, several universal factors that most employers should consider. The first is the team that's going to be implementing it. It's important to have a multidisciplinary team made up of HR, legal, and the business and operational units. Next, it's important to do your due diligence. Analyze the vendor contracts and the algorithms to ensure that they're compliant with labor employment law. And after you've implemented, it's important that you aggressively monitor the technologies to assure that they are not having an unintended consequence or perhaps exposing your organization to liability or things such as disparate impact or some other type of unlawful discrimination.” Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 98 - Week of December 18, 2017
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! (1) 2017: Paid Leave Goes Local - http://bit.ly/2BfO5Xb Our top story: Paid leave goes local. The year 2017 saw the passage of a slew of new state and local paid leave laws, many of which go beyond what is required under the Family and Medical Leave Act (FMLA). Employers in these jurisdictions may find that their own policies are not in compliance with these new laws, even when they are more generous than what is required under the FMLA. New laws include amendments to the California Family Rights Act; universal paid leave in Washington, D.C.; and paid family leave in New York State. Nancy Popper, from Epstein Becker Green, has more: “We've seen, with the new paid family leave laws, pay associated with leave laws. Previously, they were unpaid leave. We've also seen expanded reasons for the use of this type of leave, not just for one's own serious health condition, but also to care for family members, like grandparents and grandchildren. The federal FMLA also only provides leave for employers with 50 or more employees. These new state and family paid leave laws are providing leave for much smaller employers.” (2) Equal Pay Legislation Ramps Up - http://bit.ly/2zfgoFF Pay equality is on the march. Continuing a trend that began in 2016, we saw a lot of activity this year around equal pay. Approximately 100 bills were introduced this year, in more than 40 jurisdictions. Most legislation centered around three major actions: expanding existing equal pay regulations, banning questions about salary history, and increasing transparency around pay. The trend is likely to continue next year, including on the federal level, where the Equal Employment Opportunity Commission (EEOC) has made “Ensuring Equal Pay for All Workers” one of its top six priorities moving forward. (3) Workplace Sexual Harassment in the Current Climate - http://bit.ly/2BtolJb Sexual harassment scandals in the entertainment, news, and political spheres were at the forefront this year, and the “#MeToo” movement made clear just how universal the problem is. Employers that fail to take affirmative steps to prevent harassing behavior or respond to allegations of harassment risk exposure to EEOC charges or litigation. Recent studies indicate that less than a quarter of employers have reevaluated the risks of sexism or harassing behavior in light of recent revelations in the media, but we expect those numbers to grow in 2018. (4) Cybersecurity Evaluation - http://bit.ly/2ohaGzM There are increasing threats to cybersecurity. The year 2017 brought us the Equifax security breach, one of the worst data thefts in history. Data security has never been more important, or challenging, to address. Some vulnerabilities that employers should consider are the lack of stringent remote access management, a failure to regularly assess risks, and the absence of an insider threat program, since most data breaches come from employees or trusted third parties. (5) Big Changes for Wage & Hour - http://bit.ly/2zetaEl Labor Secretary Acosta has withdrawn the joint-employer and independent contractor guidance and has announced a return to the practice of issuing opinion letters. The Department of Labor was enjoined from enforcing new regulations more than doubling the minimum salary for white-collar overtime exemptions before the regulations were finally withdrawn. Acosta has also proposed rescinding some limitations on tip pooling. And the stage is set for even more changes in 2018. Paul DeCamp, from Epstein Becker Green, tells us what we’re likely to see in the coming months: “In 2018, I think employers are going to get some answers to a number of the questions that were raised in 2017. We're going to see a decision from the Supreme Court on the enforceability of these class waivers in arbitration agreements. We will get clarity, almost certainly, on the issue of what will be the salary threshold for the executive, administrative, and professional exemptions, and then we're also going to see where exactly is the Department of Labor going in its enforcement policy, in terms of how it handles investigations, imposes penalties, seeks liquidated damages, and that sort of thing. So we're going to see more guidance about where the Department will be in its enforcement.” Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 127 - Week of August 13, 2018
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! 1. Ninth Circuit Extends CA’s Non-Compete Ban Through No-Rehire Clause Our top story: The U.S. Court of Appeals for the Ninth Circuit considers the outer limits of California’s ban on non-competes. California’s Business and Professions Code states that any contract that prevents someone from “engaging in a lawful profession, trade, or business” is void. The case in question dealt with a physician who refused to sign a settlement agreement with a no-rehire clause that barred him from working for specific employers that might have been connected to the medical group he worked for. The Ninth Circuit found that the provision would have substantially restrained the physician’s ability to practice, in violation of the law. Jim Goodman, from Epstein Becker Green, has more. 2. Massachusetts Takes On Non-Competes In Massachusetts, Governor Charlie Baker is expected to sign a bill that would require an employer in the Commonwealth with non-compete agreements to continue paying workers after they’ve left the company. This type of “garden leave” policy would extend through the entire period that former employees are banned from working for competitors. Intended to discourage non-compete agreements, the bill also limits the agreements to no more than one year and prohibits them outright for many employees, including low-wage workers, minors, and those who have been laid off. 3. California Tackles Wage and Hour Issues The California Supreme Court has agreed to advise the Ninth Circuit on the application of state wage and hour laws. Among other issues, the court will evaluate whether the state’s wage statement law should apply to employees who work in California on an irregular basis and are employed by out-of-state employers. Meanwhile, a state appeals court addressed the requirement that an employee who quits without notice must receive a final paycheck within 72 hours. The court found that the 72-hour period did not begin to run when an office manager quit through an email sent after-hours on a Friday. For more, click here: https://www.ebglaw.com/eltw127-wh 4. NLRB Streamlines Case Handling The General Counsel’s Office of the National Labor Relations Board (NLRB) has announced a series of changes in the agency’s case-handling practices that it says will streamline processes at the NLRB’s Regional Offices and make better use of limited resources. In a six-page memo, Head of Operations-Management Beth Tursell describes a new, simpler, and faster process for Regional Offices to follow when they submit complex and novel legal issues to the Division of Advice in Washington, DC. Supervisors and investigators, not just Regional Directors, will be able to make decisions on whether to dismiss unfair labor practice charges or issue complaints. Post-hearing decision writing in representation cases will be more centralized, with regional and district teams drafting the decisions. These changes were announced July 30 and were effective immediately. The memo referred to these changes as “Part One,” suggesting more to come. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week - EPISODE 1 - 10/19/15
 
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Welcome to Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new episode! More after the jump... Subscribe to our channel - http://bit.ly/1G6le7S This week's topics... (1) The NLRB Adopts a New Joint-Employer Standard - http://bit.ly/1OE0x5U Our top story this week - A new standard for a new economy from the National Labor Relations Board. In its recent Browning-Ferris decision, the NLRB loosened the standard for determining who qualifies as a joint employer. Featuring an interview attorney Steven Swirsky. BONUS: See the extended interview here: https://youtu.be/KMSNpKao1ZM (2) A Rise in FCRA Litigation - http://bit.ly/1QMmBJ3 Increased scrutiny on background checks across the country: We’ve seen a recent uptick in Fair Credit Reporting Act class action suits, focused on the notification process for background checks for new employees. (3) Preparing for the ACA’s Cadillac Tax - http://bit.ly/1W2hKtY The Affordable Care Act’s looming Cadillac Tax - how should you prepare? Despite a bipartisan push against the so-called Cadillac Tax, which taxes insurance benefits that exceed certain thresholds at a 40% rate, it’s set to go into effect in 2018. (4) OSHA Increases Scrutiny - http://bit.ly/1GP2WTp OSHA targets the health care and nursing care industries: OSHA recently increased its focus on both in-patient and out-patient facilities. Fines have historically been very low, but the agency recently cited medical patient transportation company LifeFleet for several violations totaling more than $235,000. (5) In-House Counsel Tip of the Week - http://bit.ly/1jQwVFe Attorney and compliance professional Rebecca White on developing a rapport with colleagues in Compliance and Regulatory, a look at the regulatory context when handling employment law cases, and making sure the case won’t result in future repercussions. Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week® - Episode 113 - Week of April 16, 2018
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! 1. New York Passes New Sexual Harassment Legislation - https://bit.ly/2HikyBt Our top story: New York says #MeToo. As part of its budget package, the New York State legislature passed new regulations concerning sexual harassment in the workplace. The bill prohibits employers from requiring pre-dispute arbitration agreements for sexual harassment cases and from subjecting sexual harassment settlements to non-disclosure agreements. Employers will be required to have a written sexual harassment policy and annual training for all employees. The legislation also expands protections to independent contractors, among other provisions. Jennifer Gefsky, from Epstein Becker Green, has more: “The idea that employers can no longer arbitrate or require the mandatory arbitration of sexual harassment claims is going to be a big change in the future. Many employers in New York State have just regular arbitration provisions in employee contracts, and that is going to have to be amended going forward. And second, [regarding] sexual harassment settlements ... it's going to be more difficult to keep those confidential. I think it's going to provide a great incentive for employers to do everything that they can to prevent sexual harassment in the workplace, which is really the goal of the legislation. New York legislation is very much on par with what other states are doing in reaction to the #MeToo movement, but still is at the forefront of new legislation that's being passed. So I see other states in the future definitely looking to the New York law as a guideline for what they should do in their own states.” 2. DC Circuit to Hear Browning-Ferris Appeal Again - https://bit.ly/2HAHmdG The standard for determining joint-employer status under the National Labor Relations Act remains in flux: The National Labor Relations Board’s decision to vacate their Hy-Brand ruling has now put the Browning-Ferris Industries case back in the DC Circuit. The controversial 2014 Browning-Ferris decision broadened the definition of joint employer. Just last month, the DC Circuit remanded the case back to the NLRB because Hy-Brand overruled the Browning-Ferris standard. When Hy-Brand was vacated, the Court agreed to take the case back, stating that it was "appropriate only because this case presents 'extraordinary circumstances.’” Stay tuned! 3. First DTSA Whistleblower Immunity Granted - https://bit.ly/2JLNUXw The Eastern District of Pennsylvania appears to be the first court to grant immunity under the whistleblower provision of the Defend Trade Secrets Act (“DTSA”). The court has dismissed a trade secrets misappropriation charge based on the DTSA’s whistleblower protections. The plaintiff brought a discrimination suit against her former employer. The employer filed the misappropriation counterclaim after its lawyers received the company’s own confidential information from the plaintiff’s attorney in discovery. The court dismissed that claim based on the DTSA whistleblower immunity provision finding that providing otherwise confidential information to an attorney in a litigation was a protected act under the law. 4. Ninth Circuit: Salary History Does Not Justify Wage Gaps - https://bit.ly/2veZcQK Salary history is not a valid justification for unequal pay under the federal Equal Pay Act, the Ninth Circuit says: In Rizo v. Yovino, the court has held that wage history is not a “factor other than sex” under the Equal Pay Act and cannot be used “alone or in combination with other factors [to] justify a wage differential.” This decision overturns the Ninth Circuit’s own 1982 ruling and creates a split with the Seventh Circuit. The Supreme Court may weigh in on the issue next. For more, click here: https://bit.ly/2quKvo1 5. Tip of the Week - https://bit.ly/2HnNxUs Dr. Leo Flanagan, Co-Managing Partner for The Center for Resilience, returns with more on the upside of building a resilient workforce: Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Value-Based Payments and Managed Care Contracting - Crash Course Webinar Series
 
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Epstein Becker Green Webinar with Attorney Basil Kim - Value-Based Payments Crash Course Webinar Series - May 31, 2016. As value-based payment relationships continue to grow in prevalence and complexity, a question remains: How do I effectively capture this arrangement on paper? Topics include: * Some of the key strategic questions to deliberate with regard to contracting in a value-based payment relationship * Considerations for contracting under a value-based payment framework. http://www.ebglaw.com/events/value-based-payments-and-managed-care-contracting-value-based-payments-crash-course-webinar-series/ These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Employment Law This Week - Episode 22 - Week of April 11, 2016
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week's stories include . . . (1) California Passes First $15 Minimum Wage Law - http://bit.ly/25PTTQF Our top story: California approves statewide $15 minimum wage. Last Monday, Governor Jerry Brown signed a bill that will raise California’s minimum wage to $15 an hour by 2022 for companies with more than 25 employees. The increase will begin next year, moving from $10 an hour to $10.50. California—one of the world’s biggest economies—is the first U.S. state to commit to a $15 minimum wage. And the trend is continuing, with similar legislation signed in New York State last week as well. David Jacobs from Epstein Becker Green has more on the trend and what employers in California can do to prepare. For more on the New York legislation, click here: http://bit.ly/1WhUVRo (2) SEC Confirms Broader Interpretation of Dodd-Frank Whistleblower Provision - http://bit.ly/1S1TKm8 The U.S. Securities and Exchange Commission (“SEC”) backs in-house counsel’s whistleblower status. A tax attorney filed a wrongful termination suit against Vanguard Group Inc. for firing him after he raised questions internally about the company’s tax practices. Vanguard moved to dismiss the complaint, in part because the former employee only reported the alleged wrongdoing to the SEC after he was terminated. In some courts, this would disqualify him from whistleblower protections. But in an amicus brief, the SEC backed a broader interpretation of the Dodd-Frank Wall Street Reform and Consumer Protection Act, confirming the agency’s view that internal whistleblowing to a supervisor or compliance officer constitutes protected activity. This interpretation is aligned with the view of the U.S. Court of Appeals for the Second Circuit, but the issue may ultimately be settled in the Supreme Court of the United States. (3) Treasury Department Calls for Transparency in Non-Competes - http://bit.ly/1WiwNxV The U.S. Department of the Treasury (“Treasury”) puts non-competes under the microscope. A recent report from the Treasury calls for more transparency in non-compete agreements and better communication around their use. Approximately 18 percent of the workforce is subject to these restrictive covenants, and there is increasing scrutiny around them on both the state and federal levels. A recent Utah statute restricts non-competes to no more than one year, while Oregon and Alabama recently tightened their statutory restrictions. For more on the Utah legislation, click here: http://bit.ly/1qc5RDE (4) NLRB Takes Broad View of Protected Activity for Non-Union Worker - http://bit.ly/23iDuW6 The National Labor Relations Board (“NLRB”) continues to take an expansive view of protected activity for a non-union employee. A former mortgage banker for Quicken Loans in Arizona was overheard using foul language to discuss a client in the office bathroom. The banker was fired after denying knowledge of the conversation. He filed a charge with the NLRB, arguing that he had engaged in actions protected under the National Labor Relations Act (“NLRA”). An administrative law judge imposed an adverse inference against the company because the other employee in the conversation did not testify. The judge then found multiple violations of the NLRA, citing the termination, the company's "overbroad" separation documents, and more. Like the Jimmy Johns negative publicity case we reported on last week, this ruling embraces a broad view of what constitutes protected activity under the NLRA. For more on the Quicken Loans case, click here: http://bit.ly/1TGcqdz (5) In-House Tip of the Week - http://bit.ly/1qyJ59x Xan Raskin, President of Artixan Consulting and Strategic Consultant for EBG Advisors, Inc. (part of Epstein Becker Green’s consulting arm), gives some advice on best practices for workplace investigations. For more on EBG Advisors, click here: http://bit.ly/1XlrpbN Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Post-Acute Care Overview and Industry Trends: Post-Acute Crash Course Webinar Series
 
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Epstein Becker Green Webinar with Attorney Anjana D. Patel - Post-Acute Crash Course Webinar Series - November 7, 2017. Discussion Points: * The definition and an overview of the “post-acute care continuum" * A goals of care overview for the different types of post-acute care providers * Recent trends and the drivers for change in the post-acute care industry http://www.ebglaw.com/events/post-acute-care-overview-and-industry-trends-post-acute-crash-course-webinar-series/ Take a coffee break every Tuesday in November at 2 p.m. ET to join us for a series of four 15-minute webinars on "Transacting in the Post-Acute Care Space: Considerations, Red Flags, and Opportunities!" These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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Creating an Inclusive Environment for Transgender Employees - Featuring Dr. Barbara Warren
 
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Rounding out our month-long series honoring diversity in the workplace is Dr. Barbara Warren from the Mount Sinai Heath System. She serves as Director of LGBT Programs and Policies, in the Office of Diversity and Inclusion. Barbara shares some strategies for creating an inclusive environment for transgender employees. Click here for more about Epstein Becker Green’s lifetime commitment to diversity: http://bit.ly/2dvZHhj This is a "Tip of the Week" segment from Employment Law This Week® (Episode 48: Week of October 31, 2016), an online series by Epstein Becker Green. https://www.youtube.com/watch?v=gqWI1YTSwZM Visit http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
Просмотров: 182 Epstein Becker Green