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.

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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.

The Equal Employment Opportunity Commission (EEOC) released its fiscal year 2015 enforcement data. Retaliation claims were once again the number one type of charge filed, up 5% from last year, for a total of 44.5% of all charges. Race claims were second, making up 34.7% of all claims. Also, 30.2% of all charges alleged disability discrimination, up 6% from last year. Ronald M. Green from Epstein Becker Green has more on what’s behind the numbers.

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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.

Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday!

This week's stories include . . .

(1) EEOC Releases FY 2015 Data
Our top story this week: The Equal Employment Opportunity Commission (EEOC) released its fiscal year 2015 enforcement data. Retaliation claims were once again the number one type of charge filed, up 5% from last year, for a total of 44.5% of all charges. Race claims were second, making up 34.7% of all claims. Also, 30.2% of all charges alleged disability discrimination, up 6% from last year. Ronald M. Green from Epstein Becker Green has more on what’s behind the numbers.

For information about the EEOC’s new proposed retaliation guidelines, click here: http://bit.ly/1P0IxAJ.

(2) Religious Discrimination Claim Examines Definition of "Religion"
Unorthodox company policies lead to an EEOC religious discrimination claim. The EEOC and United Health Programs of America, Inc. (UHPOA), have filed competing summary judgment motions in a suit about a belief system called “Harnessing Happiness,” or “Onionhead.” Employees of UHPOA are compelled to participate in the program, which includes thanking “God” for their employment and telling co-workers "I love you." UHPOA fired three employees for not participating in the program. In doing so, the EEOC claims that UHPOA violated a religious discrimination prohibition under Title VII of the Civil Rights Act of 1964. “Religion” and “religious beliefs” are defined broadly under Title VII, so the court could conclude that the discrimination prohibition applies in this case, even though Onionhead is not a religion based in any recognized or avowed theology.

For more information about the UHPOA suit, click here: http://bit.ly/1QqgBUk.

(3) ACA Case of First Impression Moves Forward
The first case alleging denial of health insurance under the Affordable Care Act (ACA) can proceed. A New York Dave & Buster’s restaurant transitioned a group of employees who had been working more than 30 hours per week to part-time status, effectively disqualifying them from getting health insurance under the ACA. In a case of first impression, a class action lawsuit claims that the decision to cut employee hours was made to avoid health care costs. The U.S. District Court for the Southern District of New York denied Dave & Buster’s motion to dismiss and also ruled that the company may be required to repay the employees for lost wages under the Employment Retirement Income Security Act if the court decides in their favor.

Read about how the ACA exposes employers to new class action risks: http://bit.ly/1osykE9.

(4) The Employment Law Impact of Justice Scalia’s Death
The recent death of U.S. Supreme Court Justice Antonin Scalia could have an immediate impact on employment law this term. In his nearly 30 years on the court, Justice Scalia left his mark on employment law, writing important decisions in favor of employers and employees. But the sudden passing of the Court's most influential conservative justice could change the outcome of a landmark California case alleging that mandatory union dues violate the First Amendment. The possibility of 4-4 split decisions has implications for all of the cases that the justices are considering this term but most importantly for those expected to be contentious, as in the union dues case. Such a split in this case would leave in place the ruling by the U.S. Court of Appeals for the Ninth Circuit that allowed public employers to require union and nonunion members alike to pay union fees.

Click here for more information: http://bit.ly/1mM1MnB.

(5) In-House Counsel Tip of the Week
Shawn Smith, General Counsel for Nice-Pak Products, gives some advice on effective social media policies.

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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.

For the fourth time in history, the World Health Organization has declared a global public health emergency, following the spread of the Zika virus throughout Latin America and the Caribbean. The disease can have harmful effects on fetuses, and the CDC has warned against travel for pregnant women and their partners. The Zika crisis has important implications for employers. Workers who travel for their jobs may request accommodations, and employers should make them aware of the risks if they aren’t already. Denise Dadika, from Epstein Becker Green, shares some advice for employers.

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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.

Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday!

This week’s stories include . . .

(1) Zika Virus: What Employers Should Know
Our top story this week: The Zika virus is on the march. For the fourth time in history, the World Health Organization has declared a global public health emergency, following the spread of the Zika virus throughout Latin America and the Caribbean. The disease can have harmful effects on fetuses, and the Centers for Disease Control and Prevention has warned against travel for pregnant women and their partners. The Zika crisis has important implications for employers. Workers who travel for their jobs may request accommodations, and employers should make these workers aware of the risks if they aren’t already. Denise Dadika from Epstein Becker Green gives her advice for employers.

For more on this topic, click here - http://bit.ly/1SLNiT6.

(2) New Privacy Shield Agreement Replaces Safe Harbor
The United States and European Union (EU) agree to a Safe Harbor replacement framework. Negotiators from the European Commission, the executive body of the European Union, and the United States have agreed to a data transfer pact that will allow for the legal transfer of personal information across the Atlantic. The new Privacy Shield will require "strong oversight" by the U.S. Department of Commerce and the Federal Trade Commission to ensure the protection of personal data from individuals in the EU. U.S. companies receiving personal data from the EU will now likely have stronger obligations to protect the individual rights of EU citizens under the agreement. The new data pact still requires political approval. In the meantime, the EU Standard Contractual Clauses and Binding Corporate Rules remain valid.

For more information on the EU-U.S. Privacy Shield, click here -http://bit.ly/1SlTS2b.

(3) Third Circuit Sets “Contributing Factor” Standard
The U.S. Court of Appeals for the Third Circuit defines “contributing factor” under the Sarbanes-Oxley Act. A former employee brought a retaliation claim against electronics maker Tyco, alleging that he was fired after whistleblowing activities. Tyco argued that the whistleblowing was irrelevant to his firing, which, as the company claimed, was based on a well-documented investigation into sexual misconduct. The Third Circuit ruled in favor of Tyco and, in doing so, established a new standard in the circuit for a “contributing factor,” defining it as “any factor, which alone or in combination with other factors, tends to affect in any way the outcome of the decision.”

(4) H-1B Lottery Season Approaches
Employers prepare for the H-1B lottery. In less than two months, employers will submit their H-1B petitions to the U.S. Citizenship and Immigration Services, hoping to get one of 85,000 employment-based visas available for fiscal year 2017. The number of H-1B applications has increased in each of the last three years, with 233,000 applications filed for fiscal year 2016. Employers making decisions on whom to support for these visas should keep in mind that F-1 students with STEM (science, technology, engineering, and math) degrees face special challenges in obtaining extensions of their optional practical training (OPT), due to a recent district court decision.

For more on the district court’s decision on the F-1/OPT STEM extension, click here - http://bit.ly/1XnT2Bh.

(5) In-House Counsel Tip of the Week
Maryrose Maness, Senior Vice President & Chief Employment and Corporate Infrastructure Counsel at Warner Music Group, gives her advice on cybersecurity for global companies in light of the new EU-U.S. Privacy Shield agreement.

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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.