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

    (1) Reliance on Salary History Not Always an Equal Pay Violation

    Our top story: Reliance on salary history is not always an Equal Pay Act violation, says the Ninth Circuit. A California federal court had granted summary judgment to a female employee of Fresno County, ruling that an employer could not defeat an Equal Pay Act claim by pointing to prior salary alone. The court reasoned that allowing such a defense would perpetuate discriminatory wage differences. The Ninth Circuit reversed, holding that salary history could be relied upon if it furthers a legitimate business policy and is used reasonably. The Ninth Circuit remanded the case, directing the lower court to review Fresno County’s policy based on this standard. Melissa Stannard, from Epstein Becker Green, has more on the possible impact of this ruling.

    Click here for more: ebglaw.com/eltw71-ret

    (2) Employer Refusal of Resignation Reversal Not Actionable

    A California employer’s refusal to allow an at-will employee to rescind her resignation is not actionable, an appellate court rules. An employee claimed that she was in an altered state due to a temporary disability when she resigned from her position with a California medical group. The employee attempted to rescind the resignation, and the employer refused. The employee then sued, claiming that the refusal was disability discrimination. The appeals court upheld summary judgment for the employer. Among other findings, the court held that, because the employee was at-will and not constructively discharged, the employer’s refusal to accept the reversal was not an adverse employment action.

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    (3) Eleventh Circuit OKs FMLA Case on Facebook Photo Termination

    Are Facebook photos cause for termination? In this case, maybe not. An employee took extended leave after shoulder surgery at his doctor’s recommendation. While on vacation during the leave, he posted Facebook photos of himself swimming in the ocean. Upon returning to work, he was terminated. The employee sued, claiming that he was fired in retaliation for taking an extended leave. The Eleventh Circuit held that the employer failed to show a non-retaliatory motive for the termination, in large part because the company gave inconsistent and contradictory reasons for its decision. Thus, the claim can proceed.

    Click here for more: ebglaw.com/eltw71-heal

    (4) OSHA Pulls Memo Allowing Union Reps to Join Inspections

    OSHA has withdrawn its memo allowing union representatives to join inspections. In 2013, the agency released the so-called “Fairfax Memo,” which allowed union representatives to participate in OSHA safety inspections at non-union workplaces. The National Federation of Independent Business (NFIB) filed suit, claiming that the memo was inconsistent with both the Occupational Safety and Health Act and its accompanying regulations. In response to OSHA’s rescinding the Fairfax Memo, the NFIB has voluntarily withdrawn its lawsuit.

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    (5) House Passes Working Families Flexibility Act

    Last week, the House of Representatives passed the Working Families Flexibility Act, which would allow employers to offer workers paid time off, instead of cash, for overtime hours. The bill will now move on to the Senate, where it’s expected to face significant hurdles. We’ll update you as this story develops.

    Click here for more: ebglaw.com/eltw71-wh

    (6) Tip of the Week

    Monica Fiorentini, an HR consultant, has some advice on best HR practices for the future workforce.

    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. An employee’s Facebook rant was protected activity, says the Second Circuit. In the midst of a tense union campaign, a catering company employee posted a profanity-laced message on Facebook. The post insulted his supervisor and encouraged colleagues to vote for unionization. The employee was subsequently fired. Upholding an NLRB ruling, a panel for the Second Circuit found that the post was protected under the NLRA and the employee should not have been terminated. The Court noted that Facebook is a modern tool used for organizing. Ian Carleton Schaefer has more.

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

    This is a segment from Employment Law This Week® (Episode 70: Week of May 1st, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=-ZRL9taTZpw

    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. Rochelle Kopp, Managing Principal for Japan Intercultural Consulting, shares some advice on best practices for team-building across cultures.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 70: Week of May 1st, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=-ZRL9taTZpw

    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) Second Circuit Rules Facebook Rant Was Protected Activity

    Our top story: An employee’s Facebook rant was protected activity, says the Second Circuit. In the midst of a tense union campaign, a catering company employee posted a profanity-laced message on Facebook. The post insulted his supervisor and encouraged colleagues to vote for unionization. The employee was subsequently fired. Upholding an NLRB ruling, a panel for the Second Circuit found that the post was protected under the NLRA and the employee should not have been terminated. The Court noted that Facebook is a modern tool used for organizing. Ian Carleton Schaefer, from Epstein Becker Green, has more.

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

    (2) Three Classes Certified in DC Metro Bias Case

    A district judge certified three classes in a DC discrimination case: A group of African American applicants and employees for the Washington Metropolitan Area Transit Authority claim they were disproportionately impacted by the agency’s background check system. The plaintiffs are arguing that they were disqualified because of criminal history that was unrelated to the job or occurred so long ago that it was irrelevant. A federal judge declined to certify a single class in the case, certifying three subclasses instead. Each class represents a different job category, which corresponds to different parts of the policy.

    (3) Philadelphia’s Salary History Law Temporarily Stayed

    Philadelphia's salary history ordinance is on hold: The law prohibiting employers from requesting an applicant's salary history was set to go into effect on May 23. A district judge temporarily stayed the effective date, and the City has agreed not to enforce it until the court has resolved an injunction request from the Chamber of Commerce for Greater Philadelphia. Among other constitutional challenges, the Chamber claims that the law violates the First Amendment. They argue that it unduly restricts an employer’s free speech because it is highly speculative whether the law will lessen wage disparities caused by gender discrimination.

    Click here for more - http://bit.ly/2qenOWg

    (4) DOL's Overtime Rule Appeal Delayed
    The DOL’s overtime rule will stay enjoined: The Fifth Circuit has granted the government’s request to delay its appeal of the injunction against the new salary thresholds. Before Alexander Acosta was confirmed as Secretary of Labor last Thursday, the Trump administration sought more time to determine what position it will take on the controversial rule. The government's final reply brief will now be due on June 30, unless another extension is requested.

    Click here for more - http://bit.ly/2pp8NOn

    (5) Tip of the Week

    Rochelle Kopp, Managing Principal for Japan Intercultural Consulting, shares some advice on best practices for team-building across cultures.

    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. The NLRB rules employees have the right to discuss arbitration proceedings with colleagues and may not be required to arbitrate claims under the NLRA. The Board found that Dish Network violated the Act when it tried to prohibit an employee from discussing his suspension and an arbitration brought against him. The Board also concluded that the company's arbitration agreement violated the Act, because employees could believe it prohibited them from filing charges with the NLRB and other agencies. Adam Abrahms, from Epstein Becker Green, has more.

    Click here for more - http://bit.ly/2pXlDpC

    This is a segment from Employment Law This Week® (Episode 69: Week of April 25th, 2017), an online series by Epstein Becker Green. youtu.be/q6IkV4bkz7I

    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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