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

    (1) The Year Ahead: 2017

    Welcome to 2017, where 19 states have new minimum wages and California alone has at least 10 new legal requirements that apply to most employers. Federally, public corporations must now disclose the ratio of CEO compensation to the “median compensation” of their employees.

    (2) Trump Picks Fast-Food CEO for Labor Secretary

    President-elect Donald J. Trump has nominated fast-food CEO Andrew Puzder as his Secretary of Labor. The Senate confirmation hearing is currently set to begin the week of January 16. Mr. Puzder has said that regional minimum wages “make sense” as opposed to federal minimum wage increases “that kill jobs.” He has also opposed the Department of Labor’s proposed expansion of overtime eligibility. David Garland, from Epstein Becker Green, has more on this nomination.

    (3) Persuader Case in Limbo Pending Trump Action

    New leadership at Labor might spell the end of one Obama-era policy already in limbo—the so called “Persuader Rule.” A federal judge in Minnesota recently halted a case challenging the rule pending action by the Trump administration. The judge noted that it would be a waste of resources to proceed if the Trump administration plans to scrap the rule entirely—a likely scenario. The administration has until March 1 to inform the court of its plans. The controversial Persuader Rule would require both employers and consultants, including lawyers, to report activity in connection with labor union and other employment matters.

    (4) New York Raises Salary Thresholds for Overtime Exemption

    Another Department of Labor action currently in limbo is the new federal salary thresholds for the overtime exemption. But New York went ahead with its own increased thresholds, sealing the deal at the end of 2016. In New York City, the threshold is now $825 a week, or $42,950 annually, for an executive or administrative worker at a company with 11 or more employees. The salary thresholds will increase each year, topping out at $1,125 per week in New York City and in Nassau, Suffolk, and Westchester counties.

    For more on New York’s thresholds, click here: http://bit.ly/2iVTBHg

    (5) EEOC Highlights Protections for Workers with Mental Health Conditions

    The year 2017 will likely bring continued attention to mental health issues in the workplace. The Equal Employment Opportunity Commission (EEOC) recently released a document outlining the rights of employees with depression, posttraumatic stress disorder, and other mental health conditions under the Americans with Disabilities Act. According to EEOC Chair Jenny Yang, the agency’s work with disabled veterans uncovered a need for increased awareness around these issues. Mental health discrimination claims have increased in recent years—preliminary data shows that the agency resolved almost 5,000 of these charges in fiscal year 2016.

    For more on the EEOC’s guidance, click here: http://bit.ly/2iUWyWq

    (6) Tip of the Week

    Jonathan Fitzgarrald, Managing Partner of Equinox Strategy Partners, has some advice on the importance of building cross-generational teams:

    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. Jonathan Fitzgarrald, Managing Partner of Equinox Strategy Partners, has some advice on the importance of building cross-generational teams.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 54: Week of January 10, 2016), an online series by Epstein Becker Green. ebglaw.com/eltw54

    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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  3. 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

    This is a segment from Employment Law This Week® (Episode 53: Week of December 19, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=hwhQzSQoSXo

    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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  4. As Jonathan L. Shapiro of Epstein Becker Green discusses, 2016 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. 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.

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

    This is a segment from Employment Law This Week® (Episode 53: Week of December 19, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=hwhQzSQoSXo

    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!

    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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Employment Law This Week®

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Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at ebglaw.com/employment-law-this-week/

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