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


    (1) Final Regulations on Wellness Programs Take Effect

    Our top story: The Equal Employment Opportunity Commission’s (EEOC’s) final rule on wellness programs will go into effect, despite a challenge from the AARP. The new regulations state that an employer may require medical examinations or information as part of a wellness program that provides discounts of 30% or less on the cost of health care coverage. The AARP sought a preliminary injunction to block the regulations, arguing that they violate the privacy of its members. The motion was denied, but a permanent injunction remains a possible outcome as the litigation continues. Adam Solander, from Epstein Becker Green, has more on the new regulations.

    For more on the final regulations, click here: http://bit.ly/2cEILDq

    (2) Second Circuit Denies Cumulative Liquidated Damages

    The U.S. Court of Appeals for the Second Circuit resolves a split on cumulative liquidated damages. The Fair Labor Standards Act and the New York Labor Law both allow for liquidated damages equal to 100% of unpaid wages. Federal law awards these damages on a compensatory basis, while the New York law allows damages as a punitive measure. Some lower courts in the Second Circuit have granted plaintiffs double damages, reasoning that the awards serve different purposes. Others have declined to award cumulative damages. The Second Circuit weighed in last month, affirming a lower court’s denial of cumulative liquidated damages. Because the ruling came as a summary order, it does not create precedent, but it’s likely to have a persuasive effect on other courts.

    For more on the Second Circuit’s ruling, click here: http://bit.ly/2jMoHCt

    (3) ACA Transgender Discrimination Rules Blocked

    A federal judge blocks transgender discrimination rules under the Affordable Care Act (ACA). The Franciscan Alliance, along with two other religious nonprofit medical groups and several states, recently filed a lawsuit claiming a regulation in Section 1557 of the ACA violates the Administrative Procedure Act and the Religious Freedom Restoration Act. A federal judge in Texas issued a nationwide preliminary injunction, halting enforcement of the provisions relating to gender identity and termination of pregnancy. Other provisions of 1557, including those prohibiting discrimination on the basis of disability, race color, age, national origin, or sex, other than gender identity, remain in effect.

    For more on the Franciscan Alliance case, click here: http://bit.ly/2ikIIiY

    (4) Employers Must Begin Using Form I-9

    Employers are required to verify the work authorization of each employee they hire using Form I-9, the Employment Eligibility Verification. U.S. Citizenship and Immigration Services published a revised Form I-9 last November, and all employers must begin using this new version by January 22, 2017.

    For the new Form I-9, click here: http://bit.ly/2jfD3tQ

    (5) Tip of the Week

    Eben Krim, Chief Employment Counsel for the Performance Materials and Technologies division of Honeywell International, has advice on managing a contingent or third-party workforce under heightened joint-employer scrutiny.

    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. 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.

    This is a 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 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!

    (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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  4. 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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  5. 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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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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