1. “For Want of a Comma.” It seems that punctuation was a key factor in a recent class action suit from a group of dairy delivery drivers in Maine. The U.S. Court of Appeals for the First Circuit ruled that an exemption in the states overtime law is ambiguous enough to support the drivers’ overtime claim. The drivers argued that the exemption applies only to workers who pack perishable food products for distribution—and not those who actually distribute the products. On appeal, the First Circuit agreed that a missing “Oxford” comma makes the drivers’ reading of the exemption a reasonable one. Michael Thompson, from Epstein Becker Green, has more.

    This is a segment from Employment Law This Week® (Episode 65: Week of March 27th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=meTxYBduVG0

    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. SIFMA’s President and CEO, Kenneth Bentsen, has some advice on how to stay on top of regulatory changes under the new administration.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 65: Week of March 27th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=meTxYBduVG0

    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) Drivers Win Overtime Dispute Because of Missing Comma - http://bit.ly/2mzOQ9q

    Our top story: “For Want of a Comma.” It seems that punctuation was a key factor in a recent class action suit from a group of dairy delivery drivers in Maine. The U.S. Court of Appeals for the First Circuit ruled that an exemption in the states overtime law is ambiguous enough to support the drivers’ overtime claim. The drivers argued that the exemption applies only to workers who pack perishable food products for distribution—and not those who actually distribute the products. On appeal, the First Circuit agreed that a missing “Oxford” comma makes the drivers’ reading of the exemption a reasonable one. Michael Thompson, from Epstein Becker Green, has more:

    “Different courts will apply different standards when they’re evaluating ambiguous statutes or regulations. Some courts will look only at the text of the statute or regulation itself. Some courts will look at the legislative history of the statute. In this case, the First Circuit said that the Maine wage-hour law had a real purpose and was intended to pay employees time and a half when they worked more than 40 hours in a workweek. It was unclear if it applied in this case, but, given the purpose of the statute, the First Circuit would presume that it was intended to pay these plaintiffs time and a half when they worked more than 40 hours in the workweek.”

    (2) Eleventh Circuit: Title VII Doesn’t Cover Sexual Orientation - http://bit.ly/2nl3Bvr

    The Eleventh Circuit rules that Title VII does not prohibit sexual orientation discrimination. A security guard at a hospital in Georgia alleged that she was harassed at work because she is a lesbian and does not conform to gender norms. A split panel of the Eleventh Circuit partially affirmed a district court’s dismissal of the case, holding that Title VII does not cover sexual orientation. However, the panel gave the pro se plaintiff a chance to amend her complaint to claim that she was discriminated against for not conforming to female gender stereotypes. The decision is at odds with an interpretation of Title VII by the Equal Employment Opportunity Commission (EEOC), and pending cases in the Second and Seventh Circuits could create a circuit split that will likely result in this issue being decided by the U.S. Supreme Court.

    (3) White House Proposes DOL Budget Cuts - http://bit.ly/2n2pqgE

    President Trump calls for cuts to the budget of the Department of Labor (DOL). The White House’s 2018 preliminary “skinny” budget proposal would cut $2.5 billion of funding from the DOL, scaling back the agency’s budget by 21 percent and possibly hampering the DOL’s enforcement and investigation efforts. Among other proposed cuts, the budget would eliminate the Senior Community Service Employment Program, which provides job training for seniors, and scale back training programs for disadvantaged young people. The budget would boost funding for investigations into fraudulent unemployment insurance claims.

    (4) EEOC Introduces New Electronic Complaint Filing System - http://bit.ly/2nNeTd2

    Filing a charge of discrimination may get even easier. The EEOC has announced a new online filing system for those claiming discrimination in employment and hiring. The EEOC has launched online portals for people in Charlotte, Chicago, New Orleans, Phoenix, and Seattle. The new system will allow those living or working within 100 miles of EEOC offices in the pilot program to submit inquiries and schedule intake interviews electronically.

    Click here for more details on the new system: http://bit.ly/2mxc5B4

    (5) Tip of the Week - http://bit.ly/2oehPM9

    SIFMA’s President and CEO, Kenneth Bentsen, has some advice on how to stay on top of regulatory changes under the new administration.

    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.

    # vimeo.com/209956828 Uploaded 10 Plays 0 Comments
  4. Browning-Ferris is challenged in the U.S. Court of Appeals for the District of Columbia Circuit. The controversial 2015 Browning-Ferris decision by the National Labor Relations Board (NLRB) loosened the test for finding contractors, temporaries, and others to be joint employers. Browning-Ferris Industries (BFI) is now challenging that decision in the DC Circuit, arguing that the new “joint employer” definition is overly broad and inconsistent with the law on the issue. In oral arguments, the panel expressed doubts about the NLRB standard, with Judge Patricia Millett commenting that the agency had “dropped the ball.” Laura Monaco, from Epstein Becker Green, has more:

    This is a segment from Employment Law This Week® (Episode 64: Week of March 20th, 2017), an online series by Epstein Becker Green. youtube.com/edito=U&video_id=jMwvDeYwxwE

    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.

    # vimeo.com/208894306 Uploaded 4 Plays 0 Comments
  5. Tasneem Goodman, Managing Director at GrowthPlay, has some advice on the business advantages of a corporate culture of giving.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 64: Week of March 20th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=jMwvDeYwxwE

    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.

    # vimeo.com/208886238 Uploaded 6 Plays 0 Comments

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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