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

    (1) Texas Court Dismisses Transgender Discrimination Claims

    Our top story: Transgender discrimination claims were dismissed by a federal court in Texas. A transgender employee of L-3 Communications filed suit against the company and its health insurance provider after she was denied coverage for breast implants. The implants were deemed medically necessary by a health care professional to treat gender dysphoria. The employee alleged discrimination in violation of Section 1557 of the Affordable Care Act, ERISA, and Title VII of the Civil Rights Act of 1964 (Title VII). The Texas court dismissed the Section 1557 and ERISA claims, finding that neither includes protections against gender identity discrimination. The judge declined to dismiss the employee’s Title VII claims against L-3 Communications, rejecting the company’s argument that the denial of benefits was not an adverse employment action. Kenneth J. Kelly, from Epstein Becker Green, has more.

    For more, click here: http://bit.ly/2l7bswA

    (2) Travel Ban Remains Blocked

    The U.S. Court of Appeals for the Ninth Circuit won’t reinstate President Trump’s travel ban. On February 9, 2017, a three-judge panel unanimously ruled that the executive order that suspended the entry of foreign nationals from seven mostly Muslim countries should remain blocked while the issue is in litigation. In an ironic twist, the Ninth Circuit cited a Fifth Circuit case opposing President Obama’s 2014 “Dreamers” executive action for the nationwide scope of the temporary restraining order and for Minnesota and Washington’s standing to bring the case. The Trump administration could appeal to the U.S. Supreme Court. In the meantime, the case is proceeding toward a hearing for a preliminary injunction back in the federal district court in Washington State.

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

    (3) Third Circuit: Honest Belief Defeats FMLA Retaliation Case

    The Third Circuit rules that an “honest belief” can defeat a Family and Medical Leave Act (FMLA) retaliation claim. An employee was arrested for driving under the influence on a day that he had taken leave under the FMLA and subsequently fired. He filed an FMLA retaliation claim against his employer. In a precedential opinion, the Third Circuit found that an employer’s honest belief that a worker misused FMLA leave is a nondiscriminatory justification for termination, whether or not the belief was mistaken.

    For more on the case, click here: http://bit.ly/2lHYouS

    (4) NYSDOL Implements New Wage Discussion Law

    The New York State Department of Labor (DOL) clarified the pay transparency provisions of the equal pay law. In 2015, New York’s equal pay law made it illegal for employers to prohibit employees from discussing the wages of other employees. The law does allow employers to implement a written policy limiting these discussions without the other employees’ “prior permission.” The DOL issued new regulations that explain that a co-worker’s verbal authorization, if given voluntarily and in advance, is sufficient to meet the “prior permission” requirement.

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

    (5) Tip of the Week

    Maria VanHees, Edgewell Personal Care’s Assistant General Counsel for Labor and Employment, shares some advice on best practices in developing a beneficial relationship between legal and HR professionals:

    “To develop a beneficial relationship with human resources, learn about their challenges and their goals. To do this, get involved. Join group HR meetings, train on topics that are of interest to them, and visit their work sites. If you do this, you will foster a good working relationship, and you will gain valuable insight on how to best support human resources.”

    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. Andowah Newton, Director of Legal Affairs for LVMH Moët Hennessy Louis Vuitton Inc., has some advice on best practices for website accessibility and the Americans with Disabilities Act:

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 58: Week of February 6th, 2016), an online series by Epstein Becker Green.

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

    (1) Trump Taps Judge Neil Gorsuch for Supreme Court
    Our top story: President Donald J. Trump nominated Judge Neil Gorsuch to the Supreme Court of the United States. If confirmed, the 49-year-old Tenth Circuit judge would fill the seat left vacant by the death of Justice Antonin Scalia. Gorsuch was appointed to the federal bench by President George W. Bush in 2006, and his opinions have demonstrated his strong textualist views. Notably, in the Hobby Lobby case, he wrote that the First Amendment protected an employer’s religious objections to the Affordable Care Act’s contraception mandate. Stuart Gerson, from Epstein Becker Green, has more:

    (2) Executive Orders on Immigration Create Uncertainty

    During his first week in office, President Trump signed three executive orders on immigration—two broaden the grounds for removal and detention of foreign nationals in this country, while the third bans the entry of foreign nationals into the United States from a list of seven countries. While it’s still unclear exactly to which categories of foreign nationals the third order applies, businesses that employ large numbers of nonimmigrant foreign workers and green card holders are already seeing the effects. Google, Airbnb, and Netflix are among the companies that have expressed concern over how these orders will affect their workforce. Another executive order reportedly is in the works that would prioritize the hiring of American workers and overhaul work-visa programs.

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

    (3) Trump Appoints New EEOC and NLRB Acting Chairs

    Trump appointed acting chairs for two key federal agencies that handle employment issues. The President has appointed Victoria Lipnic as Acting Chair of the Equal Employment Opportunity Commission (EEOC). Lipnic has expressed concern over the EEOC's additions to the EEO-1 report that require significant pay data collection. And the sole Republican on the National Labor Relations Board, Philip Miscimarra, has been appointed Acting Chairman. While still outnumbered by the Democrats, Miscimarra’s appointment signals the beginning of the end of the “Obama Board,” which has taken an expansive view of the National Labor Relations Act and its applications.

    For more on the new NLRB Acting Chair, click here: http://bit.ly/2l4tHyY

    (4) Philadelphia Bans Wage History Inquiries for Applicants

    Inspired by a Massachusetts state law, Philadelphia is now the first city in the country to protect the privacy of a job applicant’s wage history. Philadelphia’s Wage Equity Law is intended to help eliminate one of the possible causes of pay disparities among men, women, and minorities. Philadelphia’s new law is part of a growing trend; similar legislation is being debated by both states and localities.

    For more, click here: http://bit.ly/2kp6I2z

    (5) Tip of the Week

    Andowah Newton, Director of Legal Affairs for LVMH Moët Hennessy Louis Vuitton Inc., has some advice on best practices for website accessibility and the Americans with Disabilities Act:

    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. President Donald J. Trump nominated Judge Neil Gorsuch to the Supreme Court of the United States. If confirmed, the 49-year-old Tenth Circuit judge would fill the seat left vacant by the death of Justice Antonin Scalia. Gorsuch was appointed to the federal bench by President George W. Bush in 2006, and his opinions have demonstrated his strong textualist views. Notably, in the Hobby Lobby case, he wrote that the First Amendment protected an employer’s religious objections to the Affordable Care Act’s contraception mandate. Stuart Gerson, from Epstein Becker Green, has more.

    For more, click here: http://bit.ly/2kKl54l

    This is a segment from Employment Law This Week® (Episode 58: Week of February 6th, 2016), an online series by Epstein Becker Green.

    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!


    (1) Supreme Court Will Resolve Class Action Waiver Split - http://bit.ly/2jLXnD2

    Our top story: The U.S. Supreme Court takes on class action waivers. In 2012, the National Labor Relations Board (NLRB) ruled that class action waivers in arbitration agreements violate employees’ rights under the National Labor Relations Act (NLRA). The U.S. Court of Appeals for the Second, Fifth, and Eighth Circuits disagreed, finding that these waivers do not violate the NLRA and are enforceable under the Federal Arbitration Act. More recently, the Seventh and Ninth Circuits sided with the NLRB on the issue. The Supreme Court will consider three cases in order to resolve this split, but any resolution could depend on the timing of the hearing. If the case is heard this term, before President Trump’s nominee for the vacancy on the Supreme Court is confirmed, it could end in a 4-4 tie. That would leave the law as it stands, and the split would continue. John Houston Pope, from Epstein Becker Green, has more.

    For more, click here: http://bit.ly/2kKl54l

    (2) DOL Files Suit Against Oracle - http://bit.ly/2jw7ecR

    The Department of Labor (DOL) is accusing computer technology giant Oracle America of paying women and minorities less than their counterparts and of discriminatory hiring practices that favor certain Asian applicants. The suit was filed after an audit by the Office of Federal Contract Compliance Programs at Oracle’s headquarters in California, which found violations from January 2013 to the present. The DOL is seeking a court order canceling Oracle's federal contracts and requiring relief for the affected groups. Oracle claims that the suit is politically motivated.

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

    (3) EEOC Releases FY 2016 Claims Data - http://bit.ly/2jnB5sP

    Equal Employment Opportunity Commission (EEOC) claims increased for the second year in a row. The EEOC has released detailed breakdowns of the 91,503 workplace discrimination charges filed in fiscal year 2016. Retaliation charges were the most common in 2016, making up 45.9% of all charges filed. This is the first year that the agency has included statistics about LGBT charges in its summary, showing the resolution of 1,650 sex discrimination charges and the recovery of $4.4 million for LGBT individuals.

    (4) Final Rule for Highly Skilled Workers Goes Into Effect - http://bit.ly/2kkiHAC

    U.S. Citizenship and Immigration Services and the Department of Homeland Security have published a final rule that makes it easier to sponsor and retain skilled workers. The rule gives added job flexibility and protection to foreign workers in H-1B status or in the process of applying for a green card, and the rule adds grace periods for certain skilled workers to remain in the country while between jobs. Also, the rule expands the eligibility of certain employers for H-1B cap exemptions and clarifies how hospitals and other health care organizations can benefit from these provisions.

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

    (5) Tip of the Week - http://bit.ly/2jLYwKP

    Hakim Berry, Chief Human Resources Officer for the Northeast Region of Tenet Healthcare, has some advice on the impact of social technology in the health care workplace:

    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®

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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