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

    This week's stories include . . .

    (1) ACA Section 1557 Notice Requirements Take Effect

    Our top story: Notice requirements for Section 1557 of the Affordable Care Act have taken effect. Section 1557 prohibits providers and insurers from denying health care for discriminatory reasons, including on the basis of gender identity or pregnancy. Beginning last week, covered entities are required to notify the public of their compliance by posting nondiscrimination notices and taglines in multiple languages. Nathaniel Glasser, from Epstein Becker Green, has more.

    For more information, click here: http://bit.ly/2exlArk

    (2) Final Rule on ACA Issued by OSHA

    The Occupational Safety and Health Administration (OSHA) has issued a final rule for handling retaliation under the Affordable Care Act (ACA). The ACA prohibits employers from retaliating against employees for receiving Marketplace financial assistance when purchasing health insurance through an Exchange. The ACA also protects employees from retaliation for raising concerns regarding conduct that they believe violates the consumer protections and health insurance reforms in the ACA. OSHA’s new final rule establishes procedures and timelines for handling these complaints. The ACA’s whistleblower provision provides for a private right of action in a U.S. district court if agencies like OSHA do not issue a final decision within certain time limits.

    (3) EEOC Discusses Concerns Over Big Data Analytics

    The Equal Employment Opportunity Commission (EEOC) is fact-finding on “big data.” The EEOC recently held a meeting at which it heard testimony on big data trends and technologies, the benefits and risks of big data analytics, current and potential uses of big data in employment, and how the use of big data may implicate equal employment opportunity laws. Commissioner Charlotte A. Burrows suggested that big data analytics may include errors in the data sets or flawed assumptions causing discriminatory effects. Employers should implement safeguards, such as ensuring that the variables correspond to the representative population and informing candidates when big data analytics will be used in hiring.

    Click here for more on big data: http://bit.ly/2e53Hly

    (4) Seventh Circuit Vacates Panel Ruling on Sexual Orientation

    The U.S. Court of Appeals for the Seventh Circuit may consider ruling that Title VII of the Civil Rights Act of 1964 (Title VII) protects sexual orientation. On its face, Title VII prohibits discrimination only on the basis of race, color, religion, sex, or national origin, and courts have been unwilling to go further. In this case, the Seventh Circuit has granted a college professor’s petition for an en banc rehearing and vacated a panel ruling that sexual orientation isn’t covered. Also, an advertising executive who is suing his former agency has asked the Second Circuit to reverse its own precedent holding that Title VII does not cover sexual orientation discrimination. We’re likely to see more precedent-shifting cases like these as courts grapple with changing attitudes towards sexual orientation discrimination.

    Click here for more on the panel’s decision: http://bit.ly/2e57Gyq

    (5) Tip of the Week

    October is Global Diversity Awareness Month, and we’re celebrating by focusing on diversity in our tips this month. Kenneth G. Standard, General Counsel Emeritus and Of Counsel at Epstein Becker Green, shares some best practices for creating an inclusive environment.

    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.

    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.

    # vimeo.com/188350946 Uploaded 9 Views 0 Comments
  2. In celebration of Global Diversity Awareness Month, Rebecca Shambaugh, President of SHAMBAUGH Leadership and best-selling author of It’s Not A Glass Ceiling, It’s A Sticky Floor, offers some advice on creating more inclusive leadership for the 21st century.

    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.

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

    This week's stories include . . .
    (1) Third Circuit Finds That Break Pay Does Not Offset Unpaid Overtime

    Our top story: Compensation for breaks does not offset unpaid overtime, says the U.S. Court of Appeals for the Third Circuit. Three
    manufacturing workers sued their employer for requiring unpaid work outside of their regular shifts. The employer argued that the workers were paid for breaks during their shifts, which offsets any overtime pay that they might be entitled to for time spent
    changing into and out of their work attire. In a case of first impression, the Third Circuit reversed a lower court’s decision and found that the company could not use compensation that was included in an employee’s regular rate as a credit against unpaid
    overtime. John O’Connor, from Epstein Becker Green, has more.

    (2) Two Lawsuits Allege Misclassification of Franchisees

    Joint employment remains a key focus for private plaintiffs and government agencies, and franchise arrangements are drawing special scrutiny. Last month, the Third Circuit upheld the certification of a class action in one such case. The action claims that 300 Jani-King franchisees in the Philadelphia area are actually employees who can bring wage claims against the company. And last week, the Department of Labor (DOL) joined in, filing its own suit, claiming that Jani-King assigns cleaning contracts, sets rates, and collects payments for Oklahoma franchisees—making them economically dependent on the company. The DOL suit argues that the cleaning personnel should be classified as employees and that Jani-King should be required to keep records of their wages and hours in compliance with the Fair Labor Standards Act.

    (3) Minimum Salary for Exempt California Computer Professionals Increases

    The compensation threshold for California’s computer professional exemption will rise. Starting January 1, California employers must pay computer professionals $42.39 an hour or a salary of $88,318 per year to utilize the computer professional exemption. This reflects an increase of 1.3% above current rates. Employees must also continue to satisfy the duties test required for the exemption. The new federal white-collar salary thresholds that go into effect on December 1 of this year will not impact the computer professional exemption.

    (4) Employer Must Abide by Non-Compete Payment

    An employer cannot waive its own non-compete agreement to avoid payment, unless the agreement specifically grants it the right to do so. An employee of a financial services firm in Illinois signed an agreement that required a six-month post-employment non-competition period in exchange for $1 million from his employer. When the worker resigned, the employer sent a notice waiving the agreement and telling the employee that it would not pay him the $1 million. After waiting out the six months, the employee filed suit against his former employer. The Illinois Court of Appeals found that there was no provision in the agreement that allowed the employer to change the terms without consent from the worker, and because the employee upheld his end of the contract, the employer must pay him what is due.

    For more information, please click here - http://bit.ly/2eoDv8j

    (5) Tip of the Week

    In celebration of Global Diversity Awareness Month, Rebecca Shambaugh, President of SHAMBAUGH Leadership and best-selling author of It’s Not A Glass Ceiling, It’s A Sticky Floor, offers some advice on creating more inclusive leadership for the 21st century.

    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.

    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.

    # vimeo.com/187397187 Uploaded 12 Views 0 Comments
  4. Lynn Shapiro Snyder, Founder and President of the Women Business Leaders of the U.S. Health Care Industry Foundation, is here to continue our celebration of Global Diversity Awareness Month with some advice on how to think about “diversity of thought” on the board level.

    “A company’s success relies on having an effective board of directors. One of the elements of effectiveness is having diversity of thought at the board level. ‘Diversity of thought’ is interpreted different ways, but one of the best ways to interpret it is to make sure you have gender diversity at the board level.”

    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 45: Week of October 10, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=zH-tk7lLbLc

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

    This week's stories include . . .
    (1) Federal Contractors Must Provide Paid Sick Leave

    Our top story: Under a new final rule announced by the U.S. Department of Labor, workers on federal projects can take leave to care for themselves or a family member. The rule will provide sick leave to almost 600,000 employees once it goes into effect on January 1, 2017. Dean Singewald, from Epstein Becker Green, has more.

    “For federal contractors, they’re now required to provide employees performing work on or in connection with a contract one hour of paid sick leave for every 30 hours worked, up to 56 hours per year. Now, that’s seven paid sick days employers previously did not have to provide to their employees. On top of that, accrued, unused sick leave is to be carried over from year to year. Now, the use of paid sick leave cannot be made contingent on an employee finding a replacement.”

    (2) California Passes New Employment Laws

    There are a host of important changes coming for employers in California. Starting January 1, 2017, employers will be prohibited from requiring California employees to have their claims adjudicated in a forum outside the state or under any choice of law outside California law. The new law includes a notable exception for agreements in which employees are represented by counsel in negotiating the choice of law to be applied, the venue, or the forum. The state also recently enacted legislation that prohibits employers from asking job applicants about juvenile criminal convictions. California employers are currently prohibited from considering arrests that did not result in convictions.

    (3) EEOC Publishes Final Pay Data Rule

    The Equal Employment Opportunity Commission (EEOC) has published its controversial final rule on pay data. Businesses with 100 or more employees will now be required to submit detailed pay reports that include information on the race, gender, and ethnicity of its workers. The data will reportedly help the agency track pay discrimination, but business groups argue that the final rule could cost employers more than $400 million. Employers must file their revised EEO-1 pay data reports by March 31, 2018.

    (4) Positive Employee Drug Tests Reach 10-Year High

    After years of declines, positive workforce drug tests have seen an increase of 4% over the last three years, reaching the highest level in a decade in 2015. According to the Quest Diagnostics Drug Testing Index, positive results for amphetamines, marijuana, and heroin have increased each year for the past five years, and post-accident positive tests have risen 30% since 2011. Employers should take note, but also be aware, that OSHA’s new rule on reporting workplace injuries may limit their ability to require post-accident drug tests.

    (5) Tip of the Week

    Lynn Shapiro Snyder, Founder and President of the Women Business Leaders of the U.S. Health Care Industry Foundation, is here to continue our celebration of Global Diversity Awareness Month with some advice on how to think about “diversity of thought” on the board level.

    “A company’s success relies on having an effective board of directors. One of the elements of effectiveness is having diversity of thought at the board level. ‘Diversity of thought’ is interpreted different ways, but one of the best ways to interpret it is to make sure you have gender diversity at the board level.”

    Click here for more about Epstein Becker Green’s lifetime commitment to diversity: http://bit.ly/2dvZHhj

    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.

    # vimeo.com/186010954 Uploaded 7 Views 0 Comments

Employment Law This Week®

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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 – tracks the latest developments that could impact you and your workforce. The series features three…


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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 – tracks the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns. Learn more at ebglaw.com/employment-law-this-week/

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