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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.
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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.
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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.
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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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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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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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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 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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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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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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Employment Law This Week® - Episode 37 - Week of August 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) Seventh Circuit Panel Finds That Title VII Does Not Cover Sexual Orientation Bias - http://bit.ly/2aG1GYZ 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. "The real significance of this decision is its 40+ page analysis where it lays out a roadmap and invites, in so many words, the Supreme Court to make its own interpretation finding that sexual orientation is a protected classification under Title VII. And, in so doing, the court emphasized that the Equal Employment Opportunity Commission [EEOC] has ruled last year that sexual orientation discrimination is, in and of itself, sex discrimination, gender discrimination, and enjoys the protections under the law. And while the Seventh Circuit is not bound by the EEOC's decision, it found it persuasive and important." For more on this case, click here: http://bit.ly/2aGuBxP (2) EEOC Focuses on Religious Discrimination - http://bit.ly/2aV5JDr The Equal Employment Opportunity Commission addresses religious discrimination. The EEOC recently released a fact sheet that helps young workers understand religious discrimination protections. Among other things, the fact sheet explains that Title VII protects traditional religions, newer or less common religions, and people who do not have religious beliefs. This fact sheet comes on the heels of a series of meetings for the Combating Religious Discrimination initiative. The initiative was coordinated by the White House and the Department of Justice in a climate where religious discrimination claims have been on the rise. (3) NLRB Targets At-Will Employment Provision - http://bit.ly/2aV7AIH The National Labor Relations Board (NLRB) targets an at-will provision in employment agreements. In a ruling last week, the NLRB found that a common at-will employment provision violates employee rights. At issue was Minteq International’s Non-Compete and Confidentiality Agreement, which the company required all employees to sign before beginning a six-month probationary period. Notably, that agreement contained an at-will disclaimer stating that the signatory was an at-will employee and nothing in the agreement would affect that status. The NLRB found that this provision could confuse workers as to whether they would become “just cause” employees after the probationary period. Therefore, the provision could deter workers from engaging in protected concerted activity during the at-will period. This is the first decision of its kind from the NLRB and another step in its ongoing expansion of employee rights. (4) California’s High Court Issues Landmark Ruling on Class Arbitration - http://bit.ly/2aV5CId A landmark decision on class arbitration is issued by a divided California Supreme Court. In Sandquist v. Lebo Automotive Inc., a case involving racial bias at a car dealership, California’s High Court found that if an enforceable arbitration agreement exists, there is a presumption that the arbitrator will decide procedural questions, including whether the agreement prohibits class arbitration. Ruling for the employees, the four-justice majority found that there is no law that puts this decision solely in the hands of the court. But as the dissent noted, the majority’s ruling directly conflicts with every federal appellate court that has considered the issue thus far. (5) Tip of the Week - http://bit.ly/2b1yHmB Shulamith Wegh, Director of Human Resources at Adjmi Apparel Group, is here with some advice on best practices for minimizing turnover. 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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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.
Просмотров: 257 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.
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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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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.
Просмотров: 136 Epstein Becker Green
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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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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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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Employment Law This Week - Episode 10 - Week of January 11, 2015
 
04:40
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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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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Summary Judgment Granted in Whistleblower Case (with Jason Kaufman)
 
02:55
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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Employment Law This Week - Episode 28 - Week of May 23, 2016
 
04:07
Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! This week's stories include . . . (1) Defend Trade Secrets Act Signed Into Law - http://bit.ly/1WGWV7t Our top story: 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 (2) DOL Issues Final OT Rule - http://bit.ly/1U4hN4x Last Wednesday, the Department of Labor (DOL) issued its long-anticipated final rule expanding federal overtime pay regulations. The DOL’s rule raises the minimum salary threshold for exemption to $47,476 per year. For more information, click here: http://bit.ly/1ODNRrL (3) EEOC Releases New Guidance on Leave for Disabled Workers - http://bit.ly/1WGXmyH The EEOC offers clarification on leave as a reasonable accommodation for employees with disabilities. The agency issued a new resource providing more detail about leave under the Americans with Disabilities Act. The publication comes after a recent surge in disability charges that, according to the EEOC, indicates a lack of clarity around leave as an accommodation. For more information, click here: http://bit.ly/20fq73f (4) Geico Asks U.S. Supreme Court to Resolve OT Exemption Case - http://bit.ly/1Tvk7CV Investigators for Geico were classified as exempt from overtime under the Fair Labor Standards Act’s (FLSA’s) administrative exemption. The workers sued, arguing that they had been misclassified and were due payment for overtime. The U.S. Court of Appeals for the Fourth Circuit upheld a lower court ruling in favor of the investigators and, in doing so, created a split with the Sixth Circuit on the issue. Geico has appealed to the High Court, arguing that the split will create uncertainty for employers and that the decision was based on an overly narrow interpretation of the FLSA exemption. (5) In-House Tip of the Week - http://bit.ly/256nOCY Edward Temple, General Counsel for Nippon Express USA, advises on best practices when working for a U.S. subsidiary of a global company. 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 42 - Week of September 19, 2016
 
04:34
Welcome to Employment Law This Week® ! Subscribe to our channel for new episodes every Monday! This week's stories include . . . (1) ACA Marketplace Notices Sent to Employers - http://bit.ly/2cD5aOO Our top story: A health care tax credit for employees can lead to penalties for employers. The federal Health Insurance Marketplace is notifying employers when their employees obtain Marketplace coverage and qualify for subsidies to help lower their premiums or deductibles. This situation can happen if the employer offers health insurance coverage that is inadequate under the Affordable Care Act (ACA), or if the business doesn’t offer coverage at all. Employers must either pay a penalty or file an appeal on the matter. Chris McMican, from Epstein Becker Green, has more. “When they receive a notice like this, the employer should determine if the notice is accurate and whether or not it should be appealed. So, for example, if the employer believes that the individual was not its employee or if maybe the employee was provided with the required health insurance coverage offering at the right price, then this might provide grounds for an appeal for the employer. . . . In that appeal, there’s a specific form to follow, and the employer should be aware that this is an appeal to the Marketplace, not necessarily the IRS, which is a later step if the tax is going to be formally assessed.” (2) New Regulations on Payroll Cards in New York - http://bit.ly/2cFBTBy New York State is cracking down on payroll cards. The Empire State recently rolled out new regulations on payroll cards, which are used by an estimated 200,000 workers in the state and often carry hidden fees and penalties. The new regulations limit the fees associated with the cards and require employers to provide workers with a written notice explaining their rights. Employers must also list the locations of fee-free ATMs near where employees work or live. Employers cannot pass along the cost of the cards to workers or receive kickbacks from the use of the cards. (3) Ohio’s Medical Marijuana Law Goes Into Effect - http://bit.ly/2cFCbZe This month, Ohio became the 26th state (plus the District of Columbia) to legalize marijuana in some capacity. The law addresses many employment issues head-on, stating that employers are not required to permit the possession of medical marijuana in the workplace or accommodate the use of marijuana. The law also makes clear that an employer can terminate or choose not to hire someone based on medical marijuana use. Employers in the state will want to be aware of the law, but the law shouldn’t require any major policy adjustments. (4) Ninth Circuit Reinstates Uber’s Arbitration Agreements - http://bit.ly/2cDpmBN The U.S. Court of Appeals for the Ninth Circuit finds that Private Attorneys General Act (PAGA) waivers can be severed from agreements. Arbitration agreements between Uber and its employees are enforceable once again, after the Ninth Circuit largely overturned a district court’s ruling. The lower court held that the agreements were void based on public policy because they contained a PAGA waiver. On appeal, the Ninth Circuit found that the PAGA waivers could be severed from the agreements and that the rest of the agreements were still enforceable. (5) Tip of the Week - http://bit.ly/2cvdTGG Will Hansen, Senior Vice President of Retirement Policy for The ERISA Industry Committee (ERIC), is here with some advice on preparing a benefits program in advance of the U.S. Department of Labor’s overtime rule. “The Department of Labor’s final rule increasing the overtime exemption threshold to $47,476 will not only have an impact on the wages an employee receives, but also the benefits that they receive. In advance of these changes taking effect on December 1, it’s important for companies to review their benefit programs. First, they should determine whether there will be any increase or decrease in the overtime wages provided, as well as an increase or decrease in salaried over hourly employees. Next, they should examine the financial impact any change in their workforce will have on the company. . . . Lastly, the company should look at other benefits, such as paid sick leave or commuter transit benefits to see if there will be a change in participation which would have an impact on costs.” Click here, for more on ERIC: http://bit.ly/2ccCXMH 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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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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How Do I Get Paid? - Telehealth Crash Course Webinar Series
 
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As consumers and the health care industry increasingly embrace telehealth technologies as a modality for delivering health care services, payers’ support for these technologies becomes critically important. The current landscape of telehealth reimbursement is evolving as payers work to adjust to changing rules regarding coverage, including growing support among states for parity laws that require coverage of telehealth services in a manner comparable to how those services are covered if provided to patients in person. In the first installment of EBG’s Telehealth Crash Course series, we will discuss the current reimbursement landscape, including distinctions between various payer models and the growing impact of state parity laws, and some of the current state-specific concerns regarding regulatory issues and risks that may impede development of reimbursement schemes for telehealth services in certain states. Epstein Becker Green Webinar - Presented by Amy Lerman - September 8, 2015 http://www.ebglaw.com/telehealth/events/how-do-i-get-paid-telehealth-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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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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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 122 - Week of June 25, 2018
 
03:36
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 22 - Week of April 11, 2016
 
05:10
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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How Do I Execute a Risk Mitigation Plan? - Privacy & Security Crash Course
 
13:38
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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Trends in Telehealth: Thought Leaders in Health Law Video Series
 
06:11
In this Thought Leaders in Health Law® video, Amy F. Lerman, Adam C. Solander, and Charles C. Dunham, IV, attorneys in the Health Care and Life Sciences practice at Epstein Becker Green, explore the legal and regulatory environment that impacts telehealth adoption in the United States. This video looks at the following: • How telehealth has been utilized to improve access to quality care • Reimbursement and licensure considerations for providers that use telehealth • The challenges that employers face when implementing telehealth programs • Legal and regulatory changes that could improve the provision of telehealth Epstein Becker Green helps companies navigate the risks and legal challenges that can arise in a telehealth setting. Learn more about Epstein Beck Green’s capabilities in telehealth and telemedicine: http://www.ebglaw.com/telehealth-telemedicine/ 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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Employment Law This Week® - Episode 68 - Week of April 17, 2017
 
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Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! (1) NYC Prohibits Salary History Inquiries - http://bit.ly/2pjawEw Our top story this week: New York City prohibits inquiries into the salary history of job applicants. The City Council has passed legislation that bars public and private employers in New York City from asking about, or seeking to confirm, information regarding any job applicant’s current or prior wages, benefits, and other compensation. New York City now joins Philadelphia and Massachusetts in prohibiting inquiries into salary history. Susan Gross Sholinsky, from Epstein Becker Green, goes into further detail. Click here for more: http://bit.ly/2pfHFDU (2) Supreme Court Rules on EEOC Subpoenas - http://bit.ly/2pBuoBU Circuit courts should only review the scope of Equal Employment Opportunity Commission (EEOC) subpoenas for abuse of discretion by the trial court. That’s according to the Supreme Court of the United States, adopting a standard deferential to district courts on EEOC subpoenas. In the case in question, an Arizona district court granted an employer’s motion to quash the portion of an EEOC subpoena that it contended sought information that was irrelevant. The EEOC appealed to the U.S. Court of Appeals for the Ninth Circuit, which reviewed the matter de novo and held that the full subpoena should be enforced. The Supreme Court reversed, sending the case back to the Ninth Circuit, where it will apply the newly clarified standard of review. (3) Department of Labor Delays Fiduciary Rule - http://bit.ly/2nNlu7S The U.S. Department of Labor (DOL) has issued a final rule delaying the applicability date of the “Fiduciary Rule” by 60 days. The Fiduciary Rule, which applies to persons that provide fiduciary investment advice, including advisers and financial institutions, has now been put on hold until June 9, 2017. Other requirements of the Fiduciary Rule, such as specific disclosures, are not scheduled to become applicable until January 1, 2018. During this time, the DOL plans to continue its review of the Fiduciary Rule as directed by President Trump. Click here for more: http://bit.ly/2p3w9vq (4) Court Confirms Broad Reach of Whistleblower Protections - http://bit.ly/2pBuHgm A district court in Florida has confirmed the broad reach of Sarbanes-Oxley (SOX) whistleblower protections. An employee for a management company raised concerns about potentially inadequate information security and problems with financial reporting. The employee was terminated and subsequently brought a retaliation claim against her employer. In a motion to dismiss, the company argued that the employee's concerns fell outside the protection of SOX, but the court found the disclosures about the company’s perceived weak internal controls were, in fact, protected under the law. (5) Tip of the Week - http://bit.ly/2pj2Zp7 Andrew Smith, Head of Employment Law for Standard Chartered Bank, shares some advice on avoiding pitfalls in the recruitment process. 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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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 108 - Week of March 12, 2018
 
04:51
Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday! (1) Congress Introduces Sunlight in Workplace Harassment Act - http://bit.ly/2p2gcmV Our top story: Federal #MeToo legislation aimed at public companies is introduced in Congress. The Sunlight in Workplace Harassment Act, introduced in both the House and the Senate in February, would require public companies to report information related to harassment and discrimination settlements and complaints in their SEC filings. Reports would have to include the number and dollar amount of settlements, the average length of time that it takes to resolve complaints, and the total number of harassment and discrimination complaints. In addition, the bill would require information about an employer’s efforts to prevent future acts of unlawful harassment, discrimination, or sexual abuse. Beth McManus, from Epstein Becker Green, has more. (2) NLRB Asks D.C. Circuit to Review Browning-Ferris - http://bit.ly/2FpXnVV The National Labor Relations Board (“NLRB” or “Board”) has asked the U.S. Court of Appeals for the District of Columbia Circuit to reopen its review of the Board’s Browning-Ferris joint-employer test. As we reported last week, the Board has vacated its December 2017 decision in Hy-Brand, which had overturned the Browning-Ferris “indirect control” standard and re-adopted a “direct control” test for joint employment. If the court revisits the case, it can uphold or reject the test set in Browning-Ferris, or it can send that case back to the NLRB, which could again replace the Browning-Ferris standard with a standard like the one in Hy-Brand. (3) Guidance Published on MA Pay Equity Law - http://bit.ly/2DfVMvL There is clarity for Massachusetts employers. The Massachusetts Attorney General recently published guidance on the state’s upcoming pay equity law. The long-awaited guidance answers frequently asked questions about the law; defines important terms, like “covered employers”; and details permissible variations in pay, among other topics. The Attorney General’s office will partner with business associations on webinars and events in the coming weeks to give employers more information on the law, which will go into effect on July 1, 2018. (4) DOL Launches PAID Pilot Program - http://bit.ly/2GcCKd1 The U.S. Department of Labor (“DOL”) launched a new program to get employees P-A-I-D. Under the Wage and Hour Division’s Payroll Audit Independent Determination, or “PAID,” program, employers that choose to participate will self-audit their overtime and minimum wage practices. The employers submit their audits and, if the Wage and Hour Division agrees, pay employees any wages owed to them. Those that self-report can avoid heavy fines and work with the Wage and Hour Division to correct any mistakes. The DOL will implement the pilot program nationwide for about six months before evaluating it. (5) Tip of the Week - http://bit.ly/2Icn9e1 Ann Rhoades, President of Peopleink, has some advice on best practices for building a values-based organization: “Creating a values-based organization begins with defining who you want to be, by blueprinting the values. And along with that, you also blueprint the behaviors behind each of the values. Secondly, you also then start hiring people who have not only the competencies you’re looking for, but the values. Next, you have to think about ... does every employee brand your organization around the values the way you want them to? In other words, are they mirroring what you've defined as your brand? Because your employees are your brand. And last, but not least, great organizations that are values-based have a continuous discipline model that is all about everyone being engaged in achieving their 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 “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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Moving to an Integrated Population Health Management Model: Population Health Webinar Series
 
01:26:29
Webinar - October 30, 2014 This complimentary webinar will highlight several approaches to help manage populations to promote better clinical outcomes, more cost savings, and enhanced patient satisfaction. Over the past 10 years, the medical management system has undergone rapid transformation. This session will focus on key strategies to improve population health, including topics like: The evolution of utilization management programs An overview of care management interventions to address complex medical, social, and behavioral needs The need to include prevention and wellness services The goal of integrating traditional medical services with mental health and substance abuse programs In addition, the speakers will address various stakeholder perspectives on how to best “coordinate” transitions of care and optimize outcomes. Mark Lutes, JD, Chair of Epstein Becker Green, will moderate the session. Moderator: Mark Lutes, Chair, Epstein Becker Green Speakers: Sarika Aggarwal, MD, Senior Vice President and Chief Medical Officer of Fallon Community Health Plan Julie O’Brien, RN, BSN, MS, Senior Vice President and Chief Operating Officer of Alicare Medical Management If you have questions regarding this event, please contact Whitney Krebs at (202) 861-0900, or wkrebs@ebglaw.com.
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Employment Law This Week® - Episode 128 - Week of September 10, 2018
 
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Welcome to Employment Law This Week® – tracking the latest developments that could impact you and your workforce. The series features three components: Breaking News, Deep Dives, and Monthly Rundowns.Subscribe to our channel and stay tuned for new episodes! Read on for more about this episode:  1. Preventing Harassment in the #MeToo Era - https://youtu.be/-09aEPAEbJU?t=6s The #MeToo and Time’s Up movements have resulted in blockbuster allegations against titans of media, entertainment, and politics, but they have also raised the stakes for all employers. In this edition of Employment Law This Week, we look at preventing harassment in the #MeToo era. What has #MeToo taught us? We asked Jennifer Gefsky, from Epstein Becker Green: “I think if the #MeToo movement taught us one thing, it's that employers face significant liability and risk in the event that allegations are made against any employee or supervisor or the highest-level executive at the company. And sometimes those claims are insurmountable for a company, and they don't survive. Now, that case is rare, but it certainly has happened. But even in the case where the company does survive, it can do significant damage, not just in terms of money but in terms of reputation. And, in that way, it makes it very difficult for companies to hire new talent and to create that great culture that every company wants.” 2. Regulation on the Rise - https://youtu.be/-09aEPAEbJU?t=1m4s State and local governments have been taking a much more active role in regulating the working environment, requiring transparency from employers and the infrastructure necessary to handle complaints. Ian Carleton Schaefer, from Epstein Becker Green, gives us an overview of recent legislation: “We're seeing states and cities enacting and promulgating model anti-harassment policies, model anti-sexual harassment trainings. We’re seeing a prohibition against non-disclosure agreements, both before the employment relationship begins or the outset of the employment relationship, as well as in settlement agreements, prohibition against confidentiality for sexual harassment complaints, unless it's the choice of the plaintiff or the aggrieved employee. We're seeing required training, like in New York State and New York City, that requires employers to conduct annual anti-harassment training for all of its employees, whether you have worked there for one day or for 10 years.” New York City now has the most robust anti-harassment and anti-discrimination protections in the country, with new laws going into effect from the city and the state in October 2018 and early 2019, respectively. The lynchpin of the NYC model is mandatory training. All employers are now required to provide annual anti-harassment training to every employee and even independent contractors. The training must meet or exceed the “model training” that the state has provided. For more, click here: https://www.hrdive.com/news/metoo-leads-to-training-mandates-and-more/531636/ Jennifer Gefsky provides more: “All employees in a company should understand the company’s policies on harassment and discrimination, and they should know what to do in the event they see something, hear something, or something is happening to them. Who do they go to, who do they report to? And then what they can expect to happen in the event they make a complaint.” Ian Carleton Schaefer: “I think you're seeing a trend, if you need to look forward in terms of what's happening, what's going to happen in the future, what can we anticipate. I think if you look at what's happening in New York State and New York City, that's going to be the model for what happens throughout the country.” For more, click here: https://www.ebglaw.com/news/new-york-state-provides-draft-anti-sexual-harassment-materials-for-employers/ 3. EEOC Guidance on Workplace Harassment - https://youtu.be/-09aEPAEbJU?t=3m4s Along with training, employers and regulators are looking at cultural and institutional issues within an organization. On a federal level, the Equal Employment Opportunity Commission (EEOC) has issued guidance calling for this approach. Both the training being mandated in New York and the cultural approach that the EEOC advocates are measures that experts say can significantly decrease a company’s exposure to risk. For more, click here: https://www.ebglaw.com/news/with-eeocs-involvement-more-sex-harassment-suits-are-likely 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 41 - Week of September 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 Releases Retaliation Guidance - http://bit.ly/2cc8Wyq Our top story: 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. “There are three well-established elements of a retaliation claim: one, protected activity; two, materially adverse action; and three, causal connection. And while the EEOC's new retaliation guidance doesn’t change any of these elements of a retaliation claim, a key takeaway is that the EEOC has adopted a very broad view of each of these elements. . . . The Commission also noted that there are cases where the lower courts have not consistently applied the law, or the EEOC’s interpretation of the law differs in some respect. And in those situations, the guidance sets forth the EEOC’s policy in more detail and explains its analysis.” For more information, click here: http://bit.ly/2cb6UOY (2) Circuits Split on Class Action Waivers - http://bit.ly/2cc9rbU The split among the circuits widens on class action waivers in arbitration agreements. The U.S. Court of Appeals for the Ninth Circuit recently found a mandatory arbitration agreement invalid because its waiver of class actions interfered with employees’ rights to engage in concerted activity with coworkers. The Ninth Circuit held that the waiver constitutes an unfair labor practice that violates employees’ rights under Section 7 of the National Labor Relations Act (NLRA). Just days later, the Second Circuit ruled in another case that class action arbitration waivers do not violate the NLRA and can be enforced. This is an issue that will likely head to the Supreme Court of the United States in the near future. (3) DOL Appeals “Persuader Rule” Injunction - http://bit.ly/2cwPdtP In the Fifth Circuit, the U.S. Department of Labor (DOL) is appealing an injunction of its amended “Persuader Rule.” Issued in March, the rule expands reporting requirements for management and consultants—including lawyers—regarding union organizing and related advice. Three lawsuits challenging the amended rule were brought in federal courts before a Texas federal district court enjoined enforcement nationwide. Despite the DOL appeal, the injunction stays in effect until further notice. Therefore, reporting requirements for “persuader activity” remain as they were before the new rule was issued. For more on this case, click here: http://bit.ly/2cb6U1J (4) Second Circuit Extends “Cat’s Paw” Doctrine - http://bit.ly/2cLq00L An emergency medical technician complained to her employer after a male coworker sent her a sexually explicit text message. The coworker then manipulated his phone to make it appear that he had a consensual relationship with the female employee and said that he was the one being harassed. The employer took his word for it, refusing to inspect the technician’s phone before firing the female employee. She then sued the company, relying on the “cat’s paw” doctrine. That doctrine holds employers liable for actions they are tricked or manipulated into taking by employees who have discriminatory or retaliatory intentions. Even though the male coworker was not a supervisor, the Second Circuit held that the employer’s negligence in refusing to look at the plaintiff’s phone made the company liable for the retaliatory actions of her coworker. For more information, click here: http://bit.ly/2coREBH (5) Tip of the Week - http://bit.ly/2cca6Kr Hayes MacArthur, Principal at EisnerAmper LLP, is here with some advice on alternative work arrangements. 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 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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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.
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Best Practices: Working for a U.S. Subsidiary of a Foreign Company - Featuring Edward Temple
 
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Edward Temple, General Counsel for Nippon Express USA, advises on best practices when working for a U.S. subsidiary of a global company. This is an extended "Tip of the Week" segment from Employment Law This Week (Episode 28: Week of May 23, 2016), an online series by Epstein Becker Green - http://bit.ly/1XFoHjI 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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FLSA Lawsuits Hit Record High in 2015: An Interview with Jeff Ruzal - Employment Law This Week
 
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Fair Labor Standards Act lawsuits hit a record high in 2015. The number of federal wage-and-hour suits rose almost 8% this year. There are many reasons for the increase, including more worker-friendly rules and increased publicity around minimum wage and overtime issues. Some point to the difficulties of applying an outdated law to our modern-day economy. Jeff Ruzal from Epstein Becker Green goes into further detail. This is an extended interview, an excerpt of which was featured as the top story in Employment Law This Week, Episode 7 (Dec. 7th, 2015) - http://bit.ly/1Tz8A2E 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 35 - Week of July 25, 2016
 
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Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday! (1) Seventh Circuit Revives Retaliation Claim - http://bit.ly/2afVQ49 The U.S. Court of Appeals for the Seventh Circuit sets a low bar for Title VII retaliation claims. The Seventh Circuit partially reversed the dismissal of a university professor’s suit, finding that she had a “plausible” claim that she was denied tenure in retaliation for filing a charge with the Equal Employment Opportunity Commission. While her employers argued that the charge was filed after university officials had already made their decision on tenure, the Seventh Circuit said this was precisely the type of factual question that made the claim plausible and entitled the plaintiff’s lawsuit to survive a motion to dismiss. Christopher Farella, from Epstein Becker Green, has more on the challenges of getting a dismissal in a retaliation suit. “The standard that a Title VII retaliation pleading has to meet is three things. One is that the plaintiff engaged in a protected activity, two, that there was an adverse employment action, and three, that there was a nexus between the protected activity and the adverse employment action. . . . Dismissals are very difficult to get in retaliation cases, because the analysis is very fact-sensitive, and the courts usually defer to juries for those facts. So, in cases where you have to weigh the evidence or assess somebody’s credibility, that’s in the province of a jury; it’s not for a judge to decide.” (2) NLRB Requires Specific Waivers During Bargaining - http://bit.ly/29QLJ6o Employers must have specific waivers to make unilateral policy changes when bargaining with a union. That’s according to the National Labor Relations Board (NLRB), which once again clarified its “clear and unmistakable” waiver standard to restrict employers’ midterm changes. In this case, an employer relied on a broad management rights clause in its contract with a union to make unilateral changes to specific policies. The NLRB found that the union had not waived its right to bargain over those changes because the contract did not refer to the policies with sufficient clarity. For more on this story, click here: http://bit.ly/2ae2fvC - (3) NLRB Rules That Temporary Discharge Can Chill Concerted Activity - http://bit.ly/2aeD2Bb Termination can chill concerted activity even if the job loss is temporary, the NLRB rules. A manager for an Arizona paving company fired an employee who complained about management but hired him back shortly afterwards. The NLRB ruled that this temporary discharge violated federal labor law, noting that the action would be seen as a warning shot for employees who complain about working conditions or take action together. For more information, click here: http://bit.ly/29Z26iC (4) Connecticut “Bans the Box” on Job Applications - http://bit.ly/29ZD7vL The State of Connecticut joins eight other states in “banning the box.” The new legislation prevents employers from asking about an applicant’s criminal history on initial employment applications. Connecticut’s new legislation, which will take effect on January 1, does not go as far as some other “ban the box” laws that require an employer to wait for a criminal history check until after a conditional job offer is made. For more on Connecticut’s “ban the box” legislation, click here: http://bit.ly/2agNZ80 (5) Tip of the Week - http://bit.ly/2afW8Ig Annette Guarisco Fildes, President and CEO of The ERISA Industry Committee, has some advice on state mandates for employee benefits. “Paid sick leave, parental leave, state retirement programs, vaccine mandates, and other measures are being proposed almost daily by states and localities across the country. This really complicates matters for employers that want to offer uniform benefits to their employees across the country and adds to the already complex burden of complying with federal rules and regulations. . . . Take the time to review the new rules and weigh in with trade groups, lobbyists, and others who can shape the rules on your behalf to make it easier to comply and lower costs. When advocating for your organization, keep the best solutions in mind. This may mean going beyond state approaches to a federal one that would support uniform benefits nationwide. And finally, recognize that you are not alone. Other employers face these challenges as well, and trusted counsel can keep you informed and compliant.” 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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Physician Payment Reforms: The Future of MIPS and APMs – Value-Based Payments Crash Course
 
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Epstein Becker Green Webinar with Attorney Lesley Yeung - Value-Based Payments Crash Course Webinar Series - May 16, 2016. Topics include: * An overview of the physician payment reforms included in the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”) * A summary of the Merit-Based Incentive Payment System (“MIPS”) and Alternative Payment Models (“APMs”) Proposed Rule (publication is expected in the spring of 2016) * Opportunities for provider engagement with the Centers for Medicare & Medicaid Services to shape physician payment reform efforts http://www.ebglaw.com/events/physician-payment-reforms-the-future-of-mips-and-apms-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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EEOC Files First Sexual Orientation Discrimination Suits (with Jeffrey M. Landes)
 
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The Equal Employment Opportunity Commission (EEOC) filed its first sexual orientation bias suits. Last year the EEOC interpreted Title VII of the Civil Rights Act to prohibit discrimination against an individual for sexual orientation. The agency concluded that sexual orientation discrimination is a form of unlawful gender discrimination. This month, the agency filed two landmark federal lawsuits seeking to enforce its interpretation of the statute for the first time. The agency is suing on behalf of workers at a company in Baltimore and one in Pittsburgh for harassment based on sexual orientation. Jeffrey M. Landes, from Epstein Becker Green, has more. For information about these landmark lawsuits, see our Retail Labor and Employment Law blog: http://bit.ly/1QK9D10 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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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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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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Career Pathways: Attorney Jonah Retzinger, Part 1: The Summer Associate Experience
 
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Throughout September 2017, our Career Pathways series features attorney Jonah Retzinger. In Part 1, Jonah discusses what Summer Associates gain from having autonomy and responsibility - and what the firm gains, in turn. 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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California Governor Jerry Brown Signs Salary History Law (with Ann Knuckles Mahoney)
 
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California Governor Jerry Brown has signed two new laws that impact the hiring process: (i) a “ban the box” law that restricts when employers can ask job applicants about criminal history, and (ii) a “salary history ban” that bars employers from asking job applicants about their salary history or using that information in setting compensation. Both laws align with nationwide trends, with states, cities, and counties all taking action. California’s salary history ban comes on the heels of New York City’s similar law, which takes effect on October 31. For more on the salary history law, we spoke to Ann Knuckles Mahoney from Epstein Becker Green. This is an extended interview from Employment Law This Week® (Episode 92: Week of October 23, 2017), an online series by Epstein Becker Green. https://www.youtube.com/watch?v=kWSFehM-lVE 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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