1. 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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  2. 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 Chair Emeritus of the Diversity & Professional Development Committee at Epstein Becker Green, shares some best practices for creating an inclusive environment.

    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 47: Week of October 24, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=gqWI1YTSwZM

    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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  3. 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.

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  4. 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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  5. 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 Plays 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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