1. Rounding out our month-long series honoring diversity in the workplace is Dr. Barbara Warren from the Mount Sinai Heath System. She serves as Director of LGBT Programs and Policies, in the Office of Diversity and Inclusion. Barbara shares some strategies for creating an inclusive environment for transgender employees.

    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 48: Week of October 31, 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.

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

    This week's stories include . . .

    (1) DOJ and FTC Release Antitrust Guidance for Human Resource Professionals

    Our top story: The DOJ intends to investigate anti-competitive trade practices. The Department of Justice and the Federal Trade Commission released joint guidance for HR professionals on how antitrust laws apply to employment. The guidance explains that agreements among employers not to recruit certain employees—or not to compete on terms of compensation—are illegal. Notably, the DOJ announced that they plan to criminally investigate “naked no-poaching or wage fixing agreements” that are unrelated to legitimate collaboration between businesses. In the past, both agencies have pursued civil enforcement. Here’s Peter Altieri, from Epstein Becker Green, with more on the announcement.

    "Employment antitrust issues typically arise when two companies enter an agreement together. That agreement could be as to wages of employees, hiring of employees, employee benefits. … That doesn't mean that you can't agree not to hire each other’s employees when it’s ancillary to a legitimate agreement such as an M&A transaction, a nondisclosure agreement, or when settling a lawsuit. … Criminal investigations by the DOJ means that the stakes are much higher. It ups the ante for the individual executives because they could be facing criminal prosecution, and jail time, as opposed to just civil fines against the company or individually."

    Click here for more on this story: http://bit.ly/2efTMYH

    (2) EEOC Approves Updated Strategic Enforcement Plan

    The EEOC recently approved its updated five-year Strategic Enforcement Plan. The update identifies priorities like equal pay protection and preserving access to the legal system, and places special emphasis on enforcement in two emerging areas. The first is complex employment relationships in the 21st century workplace, such as independent contractor relationships and the on-demand economy. The second is backlash discrimination against Muslims, Sikhs, and those of Arab, Middle Eastern, or South Asian descent. Charges that implicate an area of emphasis will draw extra scrutiny and are more likely to be thoroughly investigated.

    (3) New I-9 Form to Be Released

    A new I-9 form is on the way. The Department of Homeland Security is expected to release a new version of the Form I-9 by November 22. After January 21, 2017, previous versions of the form will be invalid. The new I-9 includes some structural changes and a “Smart” PDF version with features to help employers avoid fines. For example, the form will flag inconsistencies in the information entered by employees about their citizenship or immigration status. DHS and the Department of Justice significantly increased the penalties for I-9 violations, effective August of this year.

    (4) California Appeals Court Rejects Wage Statement Challenge

    California Appeals Court rejects a wage statement challenge. California requires employers to provide itemized statements of wages to employees when they are paid. In this case of first impression, a former Motel 6 employee alleged that the chain violated the state’s Labor Code by not including accrued vacation time and paid time off in their statements. Upholding a lower court, the appeals court ruled that, like retirement benefits, unused vacation time does not become a quantifiable wage until the employment ends.

    (5) Tip of the Week

    Rounding out our month-long series honoring diversity in the workplace is Dr. Barbara Warren from the Mount Sinai Heath System. She serves as Director of LGBT Programs and Policies, in the Office of Diversity and Inclusion. Barbara shares some strategies for creating an inclusive environment for transgender employees.

    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/189367548 Uploaded 49 Plays 0 Comments
  3. 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/188726115 Uploaded 11 Plays 0 Comments
  4. 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.

    # vimeo.com/188354700 Uploaded 8 Plays 0 Comments
  5. 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 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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