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

    (1) Supreme Court Limits Presidential Powers - http://bit.ly/2oiJjEj

    Our top story: A Supreme Court ruling confirms limits on presidential appointment powers. Lafe Solomon served as Acting General Counsel (GC) of the National Labor Relations Board (NLRB) under President Obama for three years, two of which occurred while Solomon’s nomination for a full term was pending in the Senate. The Supreme Court found that, under the Federal Vacancies Reform Act, Solomon could not serve as Acting GC while his nomination was pending. This ruling will restrict President Trump’s and future presidents’ power to temporarily appoint their preferred candidates to the approximately 1,200 positions that require Senate confirmation. Mark Trapp, from Epstein Becker Green, has more:

    "The court ruled 6-2, upholding a decision of the District of Columbia Circuit Court of Appeals that the Federal Vacancy Reform Act prohibited a person from serving as the acting head of a federal agency once the president nominated that same person to serve as the permanent head of that agency. Thus, in this case, President Obama exceeded his authority when he directed Lafe Solomon, a career NLRB attorney, to serve as the Acting General Counsel of that agency and subsequently nominated Mr. Solomon to fill that post permanently. As far as how narrow the decision is, it’s ... in the sense of a retroactive impact; it’s probably quite narrow."

    Click here for more: http://bit.ly/2nDvRb2

    (2) Trump Blocks Fair Pay and Safe Workplaces Rule - http://bit.ly/2oIaAwo

    The Fair Pay and Safe Workplaces rule is no more. Last Monday, President Trump signed a Congressional Review Act resolution from the House that rolls back the controversial Obama administration order. In October 2016, a federal judge blocked the government from enforcing most of the rule, including restrictions on arbitration agreements and the so-called “blacklisting” requirement. That provision would have required certain federal contractors to disclose labor law violations from the prior three years. But President Trump’s action scraps the rule entirely, including the requirement that contractors give workers detailed pay information each pay period.

    (3) DOL Secretary Pick Says Overtime Rule Should Match Inflation - http://bit.ly/2oI1PCj

    The president’s nominee to head the Department of Labor (DOL) says that the overtime rule could use an update. Alexander Acosta has indicated that, if confirmed for Labor Secretary, he would consider updating the salary thresholds for overtime pay to reflect inflation. During confirmation hearings, Acosta said he would first decide whether to continue the DOL’s appeal of the federal injunction on the overtime pay rule. He noted that it is unfortunate that the threshold has not been updated since 2004, but the $47,476 salary level that the Obama administration tried to implement would create “a stress on the system.”

    (4) Employers Can Require Disabled Employees to Compete for Vacant Positions - http://bit.ly/2nEVY1m

    Disabled employees who request reassignment as a reasonable accommodation can be required to compete for a vacant position. That’s according to a federal district court in Texas. The Equal Employment Opportunity Commission argued that a Dallas hospital could not require an employee to compete with nondisabled candidates for a vacant position when she requested reassignment after injury. The district court disagreed. The Fifth Circuit has never directly addressed this issue, but there is currently a split among the circuits.

    Click here for more: http://bit.ly/2nqMO81

    (5) Tip of the Week - http://bit.ly/2nrGD3u

    Marc Schuback, former Senior Vice President, General Counsel, and Secretary of Aeropostale, has advice on best practices for documenting poor performance in the 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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  2. “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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  3. 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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  4. 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.

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  5. 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.

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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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