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

This week's stories include . . .

(1) San Francisco and New York State Approve Landmark Legislation on Paid Parental Leave
Our top story: San Francisco and New York State break new ground on paid parental leave. The San Francisco Board of Supervisors unanimously approved a city ordinance requiring businesses with more than 50 employees in San Francisco to give new parents six weeks off, fully paid, starting in 2017. Once Mayor Ed Lee signs the ordinance, San Francisco will become the first city in the United States to require full pay for new mothers and fathers during their time off. Meanwhile, New York State has passed the most comprehensive paid parental leave policy in the country. New York State’s legislation mandates 12 weeks of partially paid leave for all new parents by 2021.

For more on New York’s law, click here - http://bit.ly/1WhUVRo

(2) NLRB General Counsel Reveals Top Issues in Recent Memo
A National Labor Relations Board (NLRB) memo outlines top enforcement priorities for 2016. The General Counsel for the NLRB has issued an internal memo that offers employers insight into his office’s initiatives and emphasis this year. The memo describes the types of cases that must be submitted to the Division of Advice for review rather than decided by the Regional Office, where the charge was filed. Among other priorities, the General Counsel wants to expand employees’ rights to organize and communicate using company resources, cut back on employer rights in bargaining, and grant significant new rights to nonunion employees. Steve Swirsky, from Epstein Becker Green, has more.

(3) EEOC Fights Medical Information Requirement in Job Applications
The U.S. Equal Employment Opportunity Commission (EEOC) targets health history forms in job applications. The EEOC has brought suit against Grisham Farm Products for requiring job applicants to complete a three-page health history. When a recent applicant refused to answer the questions on the form because he would have been forced to reveal a disability, he was told that he would not be considered for the job. The EEOC has filed suit against the company for violating Title I of the Americans with Disabilities Act with its health form requirement. The agency also alleges that this is a violation of the Genetic Information Nondiscrimination Act (GINA), which bars employers from requesting or requiring genetic information from applicants.

(4) DOL Releases Softer Final Fiduciary Rule
The U.S. Department of Labor (DOL) softens its final fiduciary rule for retirement advisors. The DOL has released its long-awaited final fiduciary rule, with some notable changes after the comment period. The new regulation still requires brokers for individual retirement accounts to act in their clients' best interests and expands the definition of who qualifies as an investment advice fiduciary. But in the final rule, the DOL has made some concessions to opponents of the regulation. These adjustments include a simplification of the "best interest contract exemption" and a grandfather provision that prevents the new standard from applying to recommendations made before the rule goes into effect.

For more information on the final fiduciary rule, click here - http://bit.ly/1SGHg0h

(5) In-House Tip of the Week
Brian Rauch, General Counsel for Harvard Maintenance, shares some advice on dealing with unions around the country.

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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.

Xan Raskin, President of Artixan Consulting and Strategic Consultant for EBG Advisors, Inc., gives some advice on best practices for workplace investigations. For more on EBG Advisors, click here: ebgadvisors.com/

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. ATTORNEY ADVERTISING.

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
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
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
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
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
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 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.

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

This week's stories include . . .

(1) The Trend Toward Equal Pay Regulation Continues Across the Nation
The New York City Council has voted again to broaden the New York City Human Rights Law, amending it to state that any exceptions should be construed narrowly. Among other protections, the law prohibits paying an employee less money based on gender. And following similar laws in California and New York, the New Jersey Senate recently passed legislation that would make it illegal for an employer to pay men and women different salaries for substantially similar work. Ian Carleton Schaefer, from Epstein Becker Green, has more on the trend.

(2) Supreme Court Splits on Union Fees
Last Tuesday, the landmark California public sector fees case ended in a 4-4 split. Before Justice Scalia’s death, many expected the high court to overturn the Ninth Circuit’s decision, ruling in favor of the teachers who claimed these mandatory union fees violated their first amendment rights. The 4-4 split leaves the appeals court’s decision in place, allowing public employers to continue requiring union fees from both union and nonunion workers.

(3) Eighth Circuit Backs the NLRB On Negative Publicity
The Eighth Circuit upheld a National Labor Relations Board (NLRB) ruling that a Jimmy John’s franchisee should not have fired employees for suggesting that the public risked illness if they ate the restaurants’ sandwiches. The workers were protesting that they didn’t receive paid sick days and had to find their own replacements when they were ill. But the employer argued that the workers’ actions were not protected by the National Labor Relations Act because they disparaged the company’s products. The Eighth Circuit affirmed the NLRB’s 2014 finding that the employees’ conduct was protected and that it arose out of a labor dispute between the employees and their employer.

(4) “Commision” Defined Under Fair Labor Standards Act
A Gold’s Gym in Texas classified its trainers as exempt from overtime because they worked primarily on commission. The trainers were paid a percentage of client fees for one-hour personal training sessions. A U.S. District Court found that those payments were not bona fide commissions because they were tied to the hourly sessions, and not decoupled from time. The judge ruled that the compensation system should be classified as an hourly wage, and that the employees should be entitled to overtime.

(5) DHS Expands F-1 STEM OPT Program
The Department of Homeland Security (DHS) recently released its highly-anticipated final rule expanding and modifying the F-1 STEM Optional Practical Training Program. A 2015 district court case found procedural errors in the DHS’s program, putting the current employment and OPT extensions of thousands of foreign nationals in jeopardy. This new final rule is DHS’s response to the court’s decision. Among other changes, the 2016 Rule extends the potential work period to 24 months and puts into place new, tougher requirements for employers to satisfy.

For more information, see our Special Immigration Alert: http://bit.ly/1SpQpKM

(6) In-House Tip of the Week -
Eric Topel, Associate General Counsel for Danone Foods, Inc offers advice on best practices when hiring from a competitor.

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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.

DOL's New Overtime Rules Coming Soon - http://bit.ly/22AvTSB
The U.S. Department of Labor (DOL) recently took its final step toward new overtime thresholds. The agency’s rules, which could go into effect as early as this summer, will end overtime exemption status for millions of workers and cost employers as much as $250 million this year. The DOL recently submitted the proposed Fair Labor Standards Act (FLSA) regulations to the Office of Management and Budget, taking the last step before they go into effect. Marc Mandelman, from Epstein Becker Green, tells us how employers can prepare for the new regulations.

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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.