1. 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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  2. 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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  3. 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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  4. 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.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 59: Week of February 13th, 2016), an online series by Epstein Becker Green. youtu.be/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 “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. 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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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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