1. The hacking controversies that plagued the 2016 election have brought cyber threats front and center. The Democratic National Committee is the latest prominent organization that has fallen victim to hacking. President Trump has tapped Rudolph Giuliani to advise him on the issue. Because so many breaches are caused by negligent or malicious employees, it is vital that data security becomes part of the workplace culture. Brian Cesaratto, from Epstein Becker Green, has more.

    This is a segment from Employment Law This Week® (Episode 56: Week of January 23, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=Lt3r0t0kIO4

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


    (1) Employer Health Plans Post-ACA

    Top of mind for everyone right now is health care. Repealing the Affordable Care Act (ACA) appears to be one of the first priorities of the new Congress and the Trump administration. The repeal-and-replace effort likely faces many procedural and political challenges, and the speed and timing of the changes remain uncertain. Cassandra Labbees from Epstein Becker Green tells us how companies should proceed in this uncertain environment.

    (2) Changes in the Labor Landscape

    Some are optimistic that the incoming administration will shift the balance of power within the National Labor Relations Board to favor employers. They expect President Trump’s appointees to claw back many controversial decisions by the Obama-era Board, like relaxing the joint-employer standard and embracing micro-bargaining units that made it easier for unions to organize. While we may eventually see this type of change, employers should not expect it anytime soon. Although the Board will have a Republican majority once President Trump fills the two vacant seats, the Board still will have two Democratic members, including the Chairman, and a Democratic General Counsel. Even after a new General Counsel is in place, any cases he brings to the Board will take time to get through the administrative process. We didn’t see significant changes until three years into the Obama administration, and employers should expect change to come slowly under the Trump administration as well.

    (3) Wage and Hour Changes

    When it comes to minimum wage law, President Trump has, at different times, supported and opposed a $10 federal minimum wage. Andrew Puzder, his nominee for Secretary of Labor, is on record as opposing an increase. But change is already happening at state and local levels. The year 2017 brings minimum wage increases to 21 states and the District of Columbia, with voters in five additional states approving increases in the 2016 election. Employers with offices in multiple states will be especially impacted by this patchwork of minimum wage laws, many of which are set to increase annually for the next few years. On the overtime front, the new Department of Labor is likely to withdraw the white-collar regulations enjoined last November, but salary thresholds recently increased in New York, and other states could follow suit.

    (4) Increased Cyber Threats in 2017

    The hacking controversies that plagued the 2016 election have brought cyber threats front and center. The Democratic National Committee is the latest prominent organization that has fallen victim to hacking. President Trump has tapped Rudolph Giuliani to advise him on the issue. Because so many breaches are caused by negligent or malicious employees, it is vital that data security becomes part of the workplace culture. Brian Cesaratto, from Epstein Becker Green, has more.

    (5) The Future of Retirement Plans

    While other issues are grabbing headlines, multiemployer retirement plans are an area in which President Trump may be forced to take action quickly. With the multiemployer system stressed nearly to the breaking point, we could begin seeing more employers cutting benefits or partitioning plans in an effort to remain solvent. This would leave the Pension Benefit Guaranty Corporation, the government’s insurer of insolvent multiemployer funds, to foot the bill. Unfortunately, the fund itself is projected to become insolvent by 2025. These factors will likely increase pressure on Congress and the administration to take action to solve this problem.

    Click here for more on employment issues to monitor in 2017: http://bit.ly/2jwMFhW

    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. 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.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 55: Week of January 16, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=1lQW48O9I8M

    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!


    (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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  5. 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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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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