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

    (1) D.C. Passes Expansive Paid Leave Law

    Our top story: The District of Columbia passes the nation’s most expansive paid leave law. The Universal Paid Leave Amendment Act provides for a combined 16 weeks of paid time off for parental, family, and personal sick leave. Despite D.C. Mayor Bowser’s opposition to the law, she returned the bill unsigned. That means it will go into effect this spring unless Congress acts to intervene. Brian Steinbach, from Epstein Becker Green, has more on the new law:

    “Starting in July of 2019, employers will have to pay a 0.62% payroll tax to finance this benefit. They don’t have to pay the employees directly; instead, they’ll pay into a fund that will pay the employees. ... Presently, there is, under the D.C. Family and Medical Leave Act, up to 16 weeks of unpaid medical leave and 16 weeks unpaid family leave. This [is] now . . . a concurrent period that would be paid, which suggests it would be more likely to be used.”

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

    (2) IBA Revokes NYSDOL Regulations on Debit Card and Direct Deposit Payments

    New regulations on payroll debit card and direct deposit payments in New York have been revoked. The regulations included written notice and written consent requirements, as well as the regulation of fees charged by payroll debit card providers. The New York State Industrial Board of Appeals revoked the regulations, finding that the Commissioner of Labor exceeded his authority by seeking to restrict banking services and financial institutions.

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

    (3) Fifth Circuit: Outsourcing Violated the NLRA

    The U.S. Court of Appeals for the Fifth Circuit backs the National Labor Relations Board (NLRB) in an outsourcing dispute. The NLRB found that a management company violated the National Labor Relations Act when it outsourced the cleaning staff of a hotel that it managed. The NLRB found evidence that the outsourcing decision was related to the worker’s interest in union representation. The NLRB rejected the company’s argument that the decision was due to declining guest satisfaction, concluding that the decision was at least, in part, motivated by anti-union animus. The Fifth Circuit has now rejected an appeal by the company, noting that the court was obligated to pay “special deference” to the NLRB’s credibility findings in cases with conflicting evidence, like this one.

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

    (4) HHS Proposed Regulations Include New Requirements for Employers

    Proposed regulations from the Department of Health and Human Services (HHS) include new requirements for employers. The new proposed regulations from the HHS are designed to help stabilize the health insurance exchanges. Though the proposals focus on individual coverage, there are some provisions that will impact employers. New requirements would institute stricter verification for mid-year enrollment through the state and federal market exchanges. Individuals claiming loss of employer-sponsored coverage as the reason for special enrollment would need timely, written verification from their employer. The regulations would take effect by mid-2017.

    (5) Tip of the Week

    Nausheen Rokerya, Associate General Counsel for Visiting Nurse Service of New York, has some advice on leave as a reasonable accommodation under the Americans with Disabilities Act, based on guidance from the Equal Employment Opportunity Commission (EEOC).


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    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. The NLRB had approved an election in a proposed wall-to-wall bargaining unit that included different kinds of employees at Tito Contractors. On appeal, the U.S. Court of Appeals for the District of Columbia Circuit found that the NLRB erred by failing to adequately consider evidence that the workers did not share a "community of interest," as required by the NLRA. For that reason, the court remanded the case to the NLRB for further consideration. Mike McGahan, from Epstein Becker Green, has more:

    This is a segment from Employment Law This Week® (Episode 60: Week of February 20th, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=zS1ZABtZo44

    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. Alex Howard, Associate Corporate Counsel for Amedisys, shares some advice on best practices for communications now that changes to the federal overtime rules have been blocked in court:

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 60: Week of February 13th, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=zS1ZABtZo44

    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) As Puzder Exits, Trump Taps Alex Acosta for Labor - http://bit.ly/2kxMIy4

    Our top story: President Donald Trump nominates Alex Acosta for Secretary of Labor. Acosta was tapped the day after the President’s first nominee, Andrew Puzder, took himself out of consideration. Acosta served on the National Labor Relations Board (NLRB) under President George W. Bush. He was also Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice during the Bush administration and once clerked for Supreme Court Justice Samuel Alito. Acosta is currently the Dean of Florida International University College of Law (FIU). In a 2010 FIU law review article, Acosta argued that the NLRB should shift from interpreting the National Labor Relations Act (NLRA) on a case-by-case basis to relying more on rulemaking under the Administrative Procedures Act. We’ll follow this story as it develops.

    (2) DC Circuit Sends Bargaining Unit Decision Back to NLRB - http://bit.ly/2lWi9Pq

    The NLRB had approved an election in a proposed wall-to-wall bargaining unit that included different kinds of employees at Tito Contractors. On appeal, the U.S. Court of Appeals for the District of Columbia Circuit found that the NLRB erred by failing to adequately consider evidence that the workers did not share a "community of interest," as required by the NLRA. For that reason, the court remanded the case to the NLRB for further consideration. Mike McGahan, from Epstein Becker Green, has more:

    “At the hearing before the Board, the hearing officer demanded that Tito present an offer of proof on the issue of community of interest rather than live testimony. ... What we see in this case is that the company took advantage of that to present a very detailed offer of proof. So the takeaway for an employer faced in this type of situation is to pack all the facts they can into their offer of proof, using specifics, using examples, so that if the case comes before an appellate court, there’s enough in the record for the court to determine whether the Board did its job correctly in considering the whole record, including contradictory evidence.”

    Click here for more: http://bit.ly/2lVWo26

    (3) NJ Whistleblower Suit Gets Jury Trial - http://bit.ly/2m4HFRW

    A whistleblower in New Jersey gets a jury trial, despite a waiver in his employment contract. An employee for a payment processing company will get another day in court after the New Jersey Appellate Division found that he was entitled to a jury trial. At issue was whether a jury-waiver provision in his employment contract was legally enforceable as applied to a whistleblower claim. The three-judge panel found that the language in the contract was not clear enough because it did not explicitly reference statutory claims.

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

    (4) Supreme Court Pushes Class Action Waiver Cases - http://bit.ly/2lfzKSp

    The Supreme Court of the United States has pushed the class action waiver issue to its 2017 term. Are arbitration agreements that bar workers from pursuing class actions enforceable? That question has split the circuits and will need to be resolved by the Supreme Court. But the high court has notified the parties involved that it will not hear arguments until the 2017 term. By that time, it is likely that Judge Neil Gorsuch will have been confirmed, and the high court will have its full complement of nine justices.

    (5) Tip of the Week - http://bit.ly/2lW7unT

    Alex Howard, Associate Corporate Counsel for Amedisys, shares some advice on best practices for communications now that changes to the federal overtime rules have been blocked in court:

    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. 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.

    This is a segment from Employment Law This Week® (Episode 58: Week of February 13th, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=65TFdv3BWj0

    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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