1. President Trump nominates Judge Brett Kavanaugh to the Supreme Court of the United States. President Trump named his pick last week for the seat that will be vacated by Justice Anthony Kennedy. Judge Kavanaugh was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in 2006 by President George W. Bush. Senate hearings are likely to be contentious with such a slim GOP majority, so the administration is touting Judge Kavanaugh’s “anti-regulation” record and business-friendly rulings in order to smooth the path to confirmation. Although Judge Kavanaugh clerked for Justice Kennedy, many see Kavanaugh’s judicial philosophy as more similar to that of the late Justice Antonin Scalia. Jim Flynn, from Epstein Becker, Green has more.

    This is an extended interview from Employment Law This Week® (Episode 124: Week of July 16, 2018), an online series by Epstein Becker Green. youtu.be/gkOCmFKWn-g

    Visit 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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  2. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    1. President Trump Taps Judge Kavanaugh for the Supreme Court

    Our top story: President Trump nominates Judge Brett Kavanaugh to the Supreme Court of the United States. President Trump named his pick last week for the seat that will be vacated by Justice Anthony Kennedy. Judge Kavanaugh was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in 2006 by President George W. Bush. Senate hearings are likely to be contentious with such a slim GOP majority, so the administration is touting Judge Kavanaugh’s “anti-regulation” record and business-friendly rulings in order to smooth the path to confirmation. Although Judge Kavanaugh clerked for Justice Kennedy, many see Kavanaugh’s judicial philosophy as more similar to that of the late Justice Antonin Scalia. Jim Flynn, from Epstein Becker, Green has more:

    “Management and employers will, I think, have a friend in Judge Kavanaugh on the bench. It's reflected in several of his opinions while he was on the Court of Appeals. You can see that in cases like Adeyemi, where he said that courts shouldn't be super personnel departments. You see it in that same case where he says they shouldn't micromanage what employers do. You see it in many other cases where he says businesses need to do what businesses do, and we need to just make sure they stay within the law. Employees will actually be pleasantly surprised by Judge Kavanaugh, as well. He's shown, in several of his decisions, a real fire to suppress discrimination. It can be seen in the Ayissi-Etoh case, where he said that one single use of the N-word in and of itself could establish a hostile work environment. He went out of his way to describe the history of the offensiveness of that word. Similarly, in the Ortiz-Diaz case, he himself actually prompted the DC Circuit to reverse itself and find that lateral transfers, if racially motivated, could violate Title VII.”

    Click here for more: https://bit.ly/2KOVd4N

    2. Pending NJ Employment Legislation

    New Jersey tees up employment legislation. Several bills pending in New Jersey would, if passed, significantly impact employers. New Jersey Governor Phil Murphy, sworn in on January 16, has already signed a pay equity law and legislation mandating paid sick leave. Now, the New Jersey Senate has approved bills that ban salary history questions, limit access to employee credit reports, and prohibit nondisclosure agreements relating to discrimination or harassment claims. These bills await further action by the New Jersey General Assembly and the governor.

    3. California Court: Hospital’s Policy of Rounding Hours Is Legal

    A California appeals court has found that a Los Angeles hospital’s policy of rounding employees’ hours does not violate the state’s wage and hour laws. The hospital’s system automatically rounds workers' hours up or down to the nearest quarter-hour. The court found that the policy is legal because there was no evidence that it had resulted in the systematic loss of wages.

    4. States Move Ahead of Stalled Federal Policies

    And still more states are taking action in the face of stalled federal employment policies. The Pennsylvania Department of Labor has proposed regulations that would increase the overtime salary threshold significantly. The changes would bring Pennsylvania law in line with the 2016 proposed Fair Labor Standards Act regulations, which were blocked before they took effect. Massachusetts recently enacted the "Grand Bargain," compromise legislation that increases the minimum wage to $15 an hour, creates a sales tax holiday, phases out Sunday and holiday premium pay requirements, and introduces new paid family and medical leave provisions.

    Visit 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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  3. Is the U.S. Department of Labor ready for a merger? The Trump administration is continuing its lean government agenda with a proposal for a new cabinet agency that would combine the Departments of Labor and Education. The proposed merger is intended to improve “federal efforts to train the American workforce.” The new “Department of Education and the Workforce” would be a single blended cabinet agency, to be made up of four subagencies, including one dedicated to K-12 education and one for enforcement. Eric Moran, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 123: Week of July 2, 2018), an online series by Epstein Becker Green.

    Visit 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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  4. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    1. Justice Kennedy Retires - https://bit.ly/2MAQPmt

    Our top story: Justice Anthony Kennedy announces his retirement from the U.S. Supreme Court, effective July 31. Justice Kennedy was a key swing vote on the Court, and a heated battle is expected over President Trump’s nominee to fill his seat. On the same day that Kennedy announced his retirement, the Court handed down its 14th decision by a 5-4 conservative majority this term, according to a CNN analyst. The majority found that requiring union-represented government employees who are not members to pay union representation fees violates their First Amendment rights. The ruling overturns a four-decade-old Supreme Court precedent, likely eliminating a major source of income for public-sector unions. … Justice Kennedy was one of the five justices who joined in the majority opinion authored by Justice Alito. President Trump said that the effort to fill Justice Kennedy’s seat will begin at once and Senate Republicans say they are determined to confirm the appointment before the Court’s 2018 term begins in October.

    For more, click here: https://bit.ly/2Khu0r1

    2. Trump Proposes Combining Labor and Education Departments - https://bit.ly/2MwLjRM

    Is the U.S. Department of Labor ready for a merger? The Trump administration is continuing its lean government agenda with a proposal for a new cabinet agency that would combine the Departments of Labor and Education. The proposed merger is intended to improve “federal efforts to train the American workforce.” The new “Department of Education and the Workforce” would be a single blended cabinet agency, to be made up of four subagencies, including one dedicated to K-12 education and one for enforcement. Eric Moran, from Epstein Becker Green, has more:

    3. NY Appeals Court: Courier Was an Independent Contractor - https://bit.ly/2MwLjRM

    A New York appeals court weighs in on the gig economy. A split panel concluded that a courier for Postmates, a web-based delivery service, was an independent contractor not an employee, reversing the state Unemployment Insurance Appeal Board. The court found that the company did not possess sufficient control over the courier’s work for him to be considered an employee. Though the company determined the fees and tracked deliveries, it did not set his hours or require a non-compete agreement.

    4. DC Voters Approve Increase of Minimum Wage for Tipped Workers - https://bit.ly/2MwLjRM

    Voters in the District of Columbia approve a wage hike for tipped employees. DC residents have approved an initiative to increase the minimum wage for tipped workers incrementally to $15 an hour by 2025, effectively eliminating the tip credit. The mayor and a majority of the DC Council have come out against the initiative. But if it clears review by the city and Congress, this measure would make DC tipped workers the highest paid in the nation. This measure follows an initiative passed in the District last year that will incrementally increase the minimum wage for non-tipped workers to $15 an hour by July 1, 2020. Under this measure, the minimum wage will increase on July 1 of this year to $13.25, and eventually to $15 in 2020.

    Visit 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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  5. “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.

    This is an extended interview from Employment Law This Week® (Episode 122: Week of June 25, 2018), an online series by Epstein Becker Green. youtu.be/Yz_rt2c-p6M

    Visit 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®

Epstein Becker Green PRO

Welcome to Employment Law This Week®, presented by Epstein Becker Green. This online video program – among the first of its kind in the legal industry – will deliver the most significant stories and developments in employment, labor, and workforce management…


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Welcome to Employment Law This Week®, presented by Epstein Becker Green. This online video program – among the first of its kind in the legal industry – will deliver the most significant stories and developments in employment, labor, and workforce management issues in about five minutes, each week.

Tune in each week for developments that may affect your business. Learn more at ebglaw.com/employment-law-this-week/

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