1. David Prince, General Counsel and Chief Compliance Officer at Stephens Investment Management Group, shares some advice for in-house counsel on staying ahead of regulations:

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 76: Week of June 19th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=rYsbPNs7zAc

    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) NLRB Clarifies That Employers Must Share All Employee Phone Numbers

    Our top story: The National Labor Relations Board (NLRB) says, “Hand over the telephone numbers!” The NLRB’s 2015 “quickie election” rules require employers to give a union “available” home and cell phone numbers and personal email addresses for all employees eligible to vote. In this case, an employer did not provide the union with employee phone numbers because the employer did not maintain them in any formal database or system. The union filed objections after the vote, noting that some supervisors at the company did have phone numbers of certain employees stored in their cell phones. The NLRB ruled that the company had failed to comply with the new election rules. This interpretation shows that employers must provide any and all phone numbers, even if they are not actually maintained in the company’s records. Kat Paterno, from Epstein Becker Green, has more:

    (2) Fourth Circuit: Layoff Following Medical Leave Doesn’t Violate FMLA

    A layoff occurring six weeks after medical leave was not a violation of the Family and Medical Leave Act (FMLA), the U.S. Court of Appeals for the Fourth Circuit has found. After returning from medical leave, an employee was assigned to manage a new project in a different division with the same salary and work location. Less than six weeks later, the employee and others in his department were laid off. The employee argued that he should have been restored to the exact position that he held before going on leave, and that the termination was retaliatory. The Fourth Circuit held that the FMLA does not require restoring an employee to his or her original position over an equivalent one and that the employee likely would have been laid off even if he had returned to his original position due to the employer’s financial circumstances.

    (3) Plans Maintained by Church-Affiliated Entities Are Exempt from ERISA

    The Supreme Court of the United States has ruled that pension plans established and maintained by some church-affiliated entities remain exempt from the Employee Retirement Income Security Act (ERISA). ERISA establishes certain requirements for employee benefit plans. So-called “church plans” are exempt from these requirements. At issue in this case was whether the exemption applies to church-affiliated entities that fund or manage a benefit plan for the employees of churches or church affiliates. The Supreme Court reversed the lower court, finding that church-affiliated entities are indeed eligible for the exemption.

    (4) DOL Takes Next Step to Rescind Amended “Persuader Rule”

    The U.S. Department of Labor (DOL) is asking for public feedback on the proposal to rescind its so-called “Persuader Rule.” The revised rule would have required employers and consultants, including lawyers, to report activity taken in response to union organizing campaigns, such as “indirect” persuader activity. A federal judge in Texas issued a permanent injunction halting the Persuader Rule’s implementation last year. The DOL is seeking to rescind the amended rule in order to further analyze whether it will have a chilling effect on employers’ rights to seek representation by an attorney.

    (5) Tip of the Week

    David Prince, General Counsel and Chief Compliance Officer at Stephens Investment Management Group, shares some advice for in-house counsel on staying ahead of regulations:

    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/221942610 Uploaded 1 Views 0 Comments
  3. New York City enacts “fair workweek” legislation. Mayor Bill de Blasio has signed a package of bills into law limiting scheduling flexibility for fast-food and retail employers. New York City is the third major city in the United States, after San Francisco and Seattle, to enact this kind of legislation. The bills require fast-food employers to provide new hires with good-faith estimates of the number of hours that they will work per week and to pay workers a premium for scheduling changes made less than 14 days in advance. Jeffrey Landes, from Epstein Becker Green, has more.

    For more, click here: http://bit.ly/2rmOFM0

    This is a segment from Employment Law This Week® (Episode 74: Week of June 12th, 2017), an online series by Epstein Becker Green. youtu.be/elCx5FZfOfI

    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/221329477 Uploaded 3 Views 0 Comments
  4. Bill Kane, Senior Vice President and General Manager for Sumitomo Corporation of America, shares some advice on the best practices for implementing a leadership development program.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 75: Week of June 12th, 2017), an online series by Epstein Becker Green. youtu.be/elCx5FZfOfI

    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/221328120 Uploaded 6 Views 0 Comments
  5. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    (1) DOL Rescinds Joint-Employer and Classification Guidance

    Our top story: The Department of Labor (“DOL”) withdraws Obama-era joint-employer guidance. Last week, the DOL announced that it has withdrawn its 2015 Administrator’s Interpretation on the misclassification of employees as independent contractors, as well as its 2016 guidance expanding the definition of a “joint employer.” Both Interpretations sought to expand the coverage of the Fair Labor Standards Act (“FLSA”) without the notice-and-comment requirements for new regulations. The DOL stated that this does not change the legal responsibilities of employers under the FLSA.

    For more, click here: http://bit.ly/2s2FJ0l

    (2) New York City Mayor Signs "Fair Workweek" Bills

    New York City enacts “fair workweek” legislation. Mayor Bill de Blasio has signed a package of bills into law limiting scheduling flexibility for fast-food and retail employers. New York City is the third major city in the United States, after San Francisco and Seattle, to enact this kind of legislation. The bills require fast-food employers to provide new hires with good-faith estimates of the number of hours that they will work per week and to pay workers a premium for scheduling changes made less than 14 days in advance. Jeffrey Landes, from Epstein Becker Green, has more:

    For more, click here: http://bit.ly/2rmOFM0

    (3) Federal Judge Says ADA May Cover Gender Dysphoria

    The Americans with Disabilities Act (“ADA”) may cover gender dysphoria. A transgender woman filed two ADA claims against her former employer. The employer requested dismissal of the case, noting that gender identity disorders are expressly excluded from coverage by the ADA. A Pennsylvania federal judge declined to dismiss the case, finding that a transgender person could have other substantially limiting impairments that are caused by “gender identity disorder”—such as the symptoms of gender dysphoria that this plaintiff alleges—which could be covered under the ADA. There has been a lot of litigation under Title VII of the Civil Rights Act of 1964 relating to gender issues. This ADA challenge represents a different approach to gender-equity litigation.

    For more, click here: http://bit.ly/2sU9LTV

    (4) Philadelphia's Salary History Law Stands, for Now

    Philadelphia’s law banning salary history inquiries will stand, for now. A district judge has thrown out a challenge to the new law, which prohibits employers from inquiring about an applicant's salary history. The Philadelphia Chamber of Commerce (“Chamber”) sought a preliminary injunction against the law. The judge dismissed the case, finding that the Chamber lacked standing to bring the lawsuit because it failed to provide an example of a specific member that would be impacted by the law. The Chamber was given leave to file an amended complaint, but, in the meantime, the law will be in effect. The city has not indicated whether it will begin enforcing the law.

    (5) Tip of the Week

    Bill Kane, Senior Vice President and General Manager for Sumitomo Corporation of America, shares some advice on the best practices for implementing a leadership development program:

    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/221326212 Uploaded 9 Views 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 – 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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