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

    (1) Clarity on California’s “Day of Rest” Provisions
    Our top story: The California Supreme Court clarifies the state’s ambiguous “day of rest” provisions. The provisions state that, with certain exceptions, employers will not cause “employees to work more than six days in seven.” The state’s high court addressed three questions about this law that had been certified by the U.S. Court of Appeals for the Ninth Circuit. The court determined that employees are entitled to one day of rest per workweek. So, every Sunday marks the beginning of a new seven-day period. Additionally, the court clarified that employees who work six hours or less during each day of the week are not entitled to a day of rest and that employees can choose not to take the day of rest if they are fully aware of the entitlement. Kevin Sullivan, from Epstein Becker Green, has more.

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

    (2) Tenth Circuit Revives Title VII Claim

    The Tenth Circuit held that quid pro quo and hostile work environment harassment can be based on the same facts. A male mechanic filed a lawsuit alleging both quid pro quo and hostile work environment discrimination, claiming that he was terminated for refusing the advances of his female supervisor. In his initial Equal Employment Opportunity Commission (EEOC) charge, the mechanic said that he was harassed but did not include any further details. The district court dismissed all claims except for the hostile work environment claim, finding that the quid pro quo claim was not raised in the EEOC charge. A split Tenth Circuit reversed, holding that the details of the quid pro quo claim were not needed in the EEOC charge for the claim to survive, because quid pro quo and hostile work environment harassment are not separately recognizable claims under Title VII of the Civil Rights Act of 1964.

    (3) Federal Judge Finds Joint Employer in Guest Worker Suit

    A district judge in Florida has ruled that a citrus company is a joint employer with a labor contractor that supplied it with workers. The case involves a class of more than 150 guest workers under the H-2A visa program who allege that they were not paid proper wages. The labor contractor that hired and supplied the workers maintained control over their transportation, housing, and equipment. And the judge found that the citrus company’s control over the work, method of payment, benefits, and location of the work supported a finding that the citrus company was a joint employer.

    (4) New Employment Laws in Georgia

    Georgia has ushered in new employment laws. A new state measure favoring businesses that use “on call” or “predictive” scheduling prohibits cities and other local governments from mandating additional pay for cancelled shifts and schedule changes. And the newly signed Family Care Act requires businesses with 25 or more employees that provide paid sick leave to allow employees to use five of those days to care for immediate family members. Both laws will go into effect on July 1, 2017.

    (5) Tip of the Week

    Jonathan Bayer, Managing Director, General Counsel, and Chief Compliance Officer of Sagent Advisors, has some advice on the best way to protect a firm:

    “I think it’s important that you protect the firm. It’s one of the key components of the job, if not the primary component of it. But it’s important to protect the firm while being commercial. And it’s important to be user-friendly. And, at times, you may have to say ‘no’ to the business team. It’s better if that’s a collaborative effort between the business and the legal department. You don’t want to be a hindrance to doing business, so it’s important to get buy-in from senior management.”

    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. Out-of-state contractors could be liable for directing background checks on independent contractors in New York. Two workers were terminated after their criminal history was discovered during a background check. They worked for a New York company whose contract with a national company required their termination. The employees sued both companies under the New York State Human Rights Law. Addressing the law’s criminal history discrimination provision, the New York Court of Appeals held that only an employer can directly violate the statute. But an out-of-state company that requires a New York employer to discriminate against employees or applicants based on their convictions can be held liable as an aider and abettor. Nancy Gunzenhauser, from Epstein Becker Green, has more.

    This is a segment from Employment Law This Week® (Episode 70: Week of May 15th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=tYHU0H3Jofw

    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. Claire Kostbar, SVP of Human Resources and Administration for iN DEMAND, shares some advice on attracting and retaining millennials.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 72: Week of May 15th, 2017), an online series by Epstein Becker Green. youtu.be/tYHU0H3Jofw

    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) Indirect Employers Could Be Liable for Background Checks in New York

    Our top story: Out-of-state contractors could be liable for directing background checks on independent contractors in New York. Two workers were terminated after their criminal history was discovered during a background check. They worked for a New York company whose contract with a national company required their termination. The employees sued both companies under the New York State Human Rights Law. Addressing the law’s criminal history discrimination provision, the New York Court of Appeals held that only an employer can directly violate the statute. But an out-of-state company that requires a New York employer to discriminate against employees or applicants based on their convictions can be held liable as an aider and abettor. Nancy Gunzenhauser, from Epstein Becker Green, has more.

    For more, click here: http://bit.ly/2q7dK03

    (2) NLRB: No Reversal on Weingarten Rights for Nonunion Workers

    Weingarten rights come from a U.S. Supreme Court ruling that union workers are entitled to have a representative present with them during any interview that could result in disciplinary action. In this case, the National Labor Relations Board (NLRB) declined to reverse its 2004 ruling that nonunion workers are not entitled to have a co-worker present during such an interview. And here is some news on the challenge to the “Persuader Rule”: As the new Labor Secretary adjusts to his role, the Trump administration has asked two federal courts for an extra two months to determine its position on the rule.

    (3) Fifth Circuit Orders Second Look at Privileged Information

    The U.S. Court of Appeals for the Fifth Circuit clarified the legal standard for determining whether documents subpoenaed by the Equal Employment Opportunity Commission (EEOC) are privileged. An employer in a discrimination case withheld documents and asserted attorney-client privilege. The district court placed the burden on the EEOC to show that the documents were not privileged. The Fifth Circuit reversed, holding that the burden is on the employer to provide a privilege log with enough detail and supporting evidence for the court to make a determination. The Fifth Circuit remanded to the district court to apply this standard and conduct an in-camera review of the documents.

    (4) Two New York City Employment Laws Move Forward

    New York City’s Freelance Isn't Free Act (FIFA) takes effect today, May 15. The law establishes rights for freelance workers, including the right to a written contract, timely and full payment, and protection from retaliation. And Mayor Bill de Blasio has signed the city’s ban on inquiries into salary history. That law will take effect on October 31 of this year.

    For more on the FIFA, click here: http://bit.ly/2pDsp0C

    (5) Tip of the Week

    Claire Kostbar, SVP of Human Resources and Administration for iN DEMAND, shares some advice on attracting and retaining millennials.

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

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 71: Week of May 8th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=o0s_vLzKC68

    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 – tracks the latest developments that could impact you and your workforce. The series features three…


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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 – tracks the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns. Learn more at ebglaw.com/employment-law-this-week/

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