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

    For our final show of the year, we’re looking back at the biggest employment, workforce and management issues in 2016, as featured in EBG’s “Take 5” 2016 Wrap Up: http://bit.ly/2hC783M.

    This week's stories include . . .

    (1) Impact of the Defend Trade Secrets Act

    This year saw significant developments in the law governing trade secrets and non-competes. The Defend Trade Secrets Act (DTSA) opened federal courts to trade secrets claims, regardless of the dollar value. Jonathan Shapiro of Epstein Becker Green comments.

    Click here for more: http://bit.ly/2gQcMRy

    (2) States Called to Ban Non-Compete Agreements

    The DTSA does include some unique provisions - whistleblower protections in some cases and an ex-parte seizure provision for some extreme circumstances. The political winds blew steadily against non-compete clauses in 2016. Pressure from the federal government culminated in a White House “call to action” encouraging states to ban non-compete agreements in some circumstances.

    (3) Paid Sick Leave Laws Expand

    Paid sick leave emerged as a major issue on the state and federal level this year. Sick leave laws mandate paid time off for employees to deal with their own health issues and care for sick family members. Eight of these laws took effect this year and another 10 are on the horizon for 2017, including paid sick leave for employees who work on certain federal contracts. Overall, there are 39 paid sick leave laws currently in effect or that will become effective in the next two years.

    Click here for more: http://bit.ly/2hz0Gx2

    (4) Transgender Employment Law

    This year has also brought expanded protections for transgender employees. Most of the change has come not from the courts, but from the executive branch. Through guidance, rulemaking and litigation, the EEOC and Justice Department have worked to expand Title VII to include discrimination based on gender identity. President Obama has also issued executive orders increasing protections. But the new administration brings uncertainty, and these initiatives could easily be rolled back, increasing the significance of the court cases brought by private individuals.

    Click here for more: http://bit.ly/2hzb7kq

    (5) Uncertainty Over the DOL’s Overtime Rule and Salary Thresholds

    No issue has created more challenges for employers in 2016 than overtime. Companies worked most of the year to comply with the Department’s new salary thresholds for white collar workers. Just before the regulations were scheduled to go into effect, a federal judge in Texas issued a preliminary nationwide injunction. The DOL has appealed and requested expedited review, but no decision will come before President-elect Trump takes office. Under the new administration, the Department could choose to concede the case, eliminating the new salary thresholds all together.

    Click here for more: http://bit.ly/2hLsrD7

    (6) NLRB Addresses Joint Employment

    The National Labor Relations Board (NLRB) was extremely active this year, with many of its decisions favoring unions and workers. Laura Monaco of Epstein Becker Green comments on how the Board addressed joint employment in 2016.

    Click here for more: http://bit.ly/2hTjVOD

    (7) NLRB Rules on Union Organizing

    This year, the Board helped to expand union organizing with cases like Trustees of Columbia University, where it ruled that graduate students and research assistants can unionize and engage in collective bargaining as employees. The NLRB also continued its aggressive treatment of policies and handbooks in nonunion settings. It is unclear what lasting impact these decisions will have, as President-elect Trump will likely appoint a new majority to the Board along with a new General Counsel next year. But employers will continue to feel the effect of these rulings, at least in the short term.

    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 “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. Title VII of the Civil Rights Act of 1964 (Title VII) covers sexual orientation, says one federal district court. A former teacher in Connecticut filed suit, claiming that she was mistreated by her school because she is a lesbian. The school sought dismissal, arguing that Title VII doesn’t extend to sexual orientation discrimination. The district court denied the school’s summary judgment motion, finding that Title VII’s protection against discrimination based on sex extends to sexual orientation discrimination. Federal courts across the country have been wrestling with this issue over the last few months, as we’ve covered here, and a split among the circuits could be brewing. Jennifer Barna, from Epstein Becker Green, comments:

    Click here for more on this Title VII issue: http://bit.ly/2gio0KZ

    This is a segment from Employment Law This Week® (Episode 52: Week of December 12, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=Vv9vdB_HTnM

    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. James Gelfand, Senior Vice President of Health Policy for The ERISA Industry Committee (ERIC), is back this week with more on updating health insurance coverage for 2017—this time, with advice on dealing with new nondiscrimination requirements.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 52: Week of December 12, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=Vv9vdB_HTnM

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

    This week's stories include . . .

    (1) Connecticut District Court: Title VII Covers Sexual Orientation

    Our top story: Title VII of the Civil Rights Act of 1964 (Title VII) covers sexual orientation, says one federal district court. A former teacher in Connecticut filed suit, claiming that she was mistreated by her school because she is a lesbian. The school sought dismissal, arguing that Title VII doesn’t extend to sexual orientation discrimination. The district court denied the school’s summary judgment motion, finding that Title VII’s protection against discrimination based on sex extends to sexual orientation discrimination. Federal courts across the country have been wrestling with this issue over the last few months, as we’ve covered here, and a split among the circuits could be brewing. Jennifer Barna, from Epstein Becker Green, comments:

    “There's a bit of a turning of the tide at the district court level, where district courts are more broadly interpreting what it means to have sex discrimination under Title VII, and they're including sexual orientation discrimination claims. ... Many employers already have in place policies that prohibit discrimination based on sexual orientation, and, indeed, that is the law under the anti-discrimination statutes in about half the states and even some localities. I think it's a good reminder for employers to make decisions that are based on legitimate business reasons and not anything that could be or is a protected category, but certainly I think employers are going to need to keep an eye on this issue, and, if the trend continues, employers who don't already have these policies in place are going to need to revise their policies to include a prohibition on sexual orientation discrimination.”

    Click here for more on this Title VII issue: http://bit.ly/2gio0KZ

    (2) DOL Appeals Temporary Injunction on Overtime Laws

    As we reported last week, a Texas federal court ruled that the U.S. Department of Labor (DOL) does not have the authority to implement new salary thresholds for overtime. The district judge issued a nationwide preliminary injunction on the DOL’s new rules and the department appealed. The DOL has now asked for an expedited briefing on its appeal to be completed by February 7, followed by oral arguments as soon as possible. But the Trump administration will be in place by then, and that could change the DOL’s position. We will continue to monitor developments in this case and the new administration’s position.

    Click here for more: http://bit.ly/2gJgmKw

    (3) DOJ Publishes Final Rule for Movie Theaters

    A new rule requires more accommodations at movie theaters for customers with disabilities. The U.S. Department of Justice (DOJ) has issued a final rule that requires movie theaters across the country to offer closed captioning and audio description for digital movies. The final rule also calls for movie theaters to have at least one staff member on site who can locate, operate, and troubleshoot the equipment. The final rule will take effect January 17, 2017.

    (4) Los Angeles City Council Approves “Ban the Box” Law

    The Los Angeles City Council recently passed a law that will prevent some employers from asking job applicants to disclose their criminal history before a conditional offer of employment is made. The Fair Chance Initiative will apply to private employers and city contractors with 10 or more employees. Twenty-three states and more than 100 cities and counties across the nation have implemented similar “ban the box” measures. The Los Angeles initiative heads to Mayor Eric Garcetti, who is expected to sign it into law.

    (5) Tip of the Week

    James Gelfand, Senior Vice President of Health Policy for The ERISA Industry Committee (ERIC), is back this week with more on updating health insurance coverage for 2017—this time, with advice on dealing with new nondiscrimination requirements.

    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 “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. A federal court in Texas has temporarily enjoined new exemption rules issued by the U.S. Department of Labor (DOL). The rules, which would have dramatically increased salary thresholds for overtime exemptions, were set to go into effect on December 1. The district court judge found that the 21 states that brought the suit established a prima facie case that the DOL overstepped its authority in establishing the new rules. Because the Fair Labor Standards Act makes no reference to salary thresholds, the court found that any new thresholds might have to be created by Congress and not the DOL. If the injunction is made permanent, it could be the beginning of a lengthy appeals process, which would leave employers in limbo. Jeffrey Ruzal, from Epstein Becker Green, comments.

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

    This is a segment from Employment Law This Week® (Episode 51: Week of December 5, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=e_MdUCBvmDw

    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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Employment Law This Week®

Epstein Becker Green PRO

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 – will deliver the most significant stories and developments in employment, labor, and workforce management…


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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 – will deliver the most significant stories and developments in employment, labor, and workforce management issues in about five minutes, each week.

Tune in each week for developments that may affect your business. Learn more at ebglaw.com/employment-law-this-week/

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