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

    (1) EEOC Weighs In on Second Circuit Sexual Orientation Discrimination Case

    Our top story: The Equal Employment Opportunity Commission (EEOC) argues that Title VII covers sexual orientation discrimination. The EEOC laid out its position on sexual orientation protections in an amicus brief requested by the U.S. Court of Appeals for the Second Circuit. The court is conducting an en banc review of a case involving a skydiver who claimed that he was fired for disclosing his sexual orientation to a customer. Relying on Second Circuit precedent, a three-judge panel found that sexual orientation was not covered under the law. The court en banc will decide whether that precedent should stand. Sheila Woolson, from Epstein Becker Green, has more:

    (2) Trump Nominates Kaplan and Emanuel to NLRB

    President Trump announced his picks for National Labor Relations Board (NLRB) vacancies. The White House has announced the nomination of Marvin Kaplan and William Emanuel to fill two vacant seats on the NLRB. Kaplan currently serves as counsel for the Occupational Safety and Health Review Commission and previously worked for House Republicans. Emanuel is a management-side labor lawyer in Los Angeles. Both nominees are expected to be confirmed, which would give the NLRB its first Republican majority in nine years. The newly constituted NLRB will most likely reconsider a number of policy changes instituted by the Obama-era NLRB.

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

    (3) Supreme Court Reinstates Limited Parts of Trump’s Travel Ban

    Limited portions of President Trump’s travel ban have been reinstated. The Supreme Court of the United States has decided to hear arguments on the travel ban cases when it reconvenes in October. Until then, the Supreme Court has narrowed the scope of the lower courts’ temporary injunctions, allowing the ban to stop the admission of foreign nationals with no bona fide connections to the United States. In most cases, this standard should not affect foreign students or foreign nationals working for employers in the United States. However, this standard may restrict foreign nationals seeking to visit or come here as refugees because recent State Department guidance limits the definition of a “bona fide relationship” to a parent, spouse, son, daughter, son-in-law, daughter-in-law, or sibling already in the United States.

    For more, click here: http://bit.ly/2spiS2v

    (4) High Court Takes on Whistleblower Split

    The Supreme Court also announced last week that it will review the scope of whistleblower protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Supreme Court will hear an appeal from Digital Realty Trust out of the Ninth Circuit. The lower court ruled against the company, which fired an executive after he complained internally about alleged misconduct. The company is arguing that, because the executive did not report to the Securities and Exchange Commission, he is not entitled to whistleblower protections. The Supreme Court’s ruling will resolve a circuit split on the issue.

    (5) Tip of the Week

    Cecelia Block, Human Resources Director for The Economist Group, shares some of the top considerations to keep in mind before making changes to your health benefits plan:

    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. The verdict is in: Winn-Dixie must make its website accessible. A visually-impaired individual sued the grocery chain because his screen reader could not process the store locator and coupon sections of the chain’s website. In what is believed to be the first federal decision on website accessibility, a Florida district judge found that Winn-Dixie violated Title III of the ADA by not providing a fully accessible public website. He ordered the grocery chain to make the entire website accessible, even sections that may be run by a third party. Joshua Stein, from Epstein Becker Green, has more.

    This is a segment from Employment Law This Week® (Episode 76: Week of June 26th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=TikkNuylWXI

    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. Christina Berti, Director and Associate General Counsel for Deutsche Bank, is here with some advice on best practices for an effective whistleblower retaliation investigation.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 77: Week of June 26th, 2017), an online series by Epstein Becker Green. youtu.be/TikkNuylWXI

    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) Nation's First Website Accessibility Trial

    Our top story - The verdict is in: Winn-Dixie must make its website accessible. A visually-impaired individual sued the grocery chain because his screen reader could not process the store locator and coupon sections of the chain’s website. In what is believed to be the first federal decision on website accessibility, a Florida district judge found that Winn-Dixie violated Title III of the ADA by not providing a fully accessible public website. He ordered the grocery chain to make the entire website accessible, even sections that may be run by a third party. Joshua Stein, from Epstein Becker Green, has more.

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

    (2) DOJ Reverses Position on Class Waiver Agreements

    The Justice Department reverses its position on whether mandatory class action waivers violate the NLRA - The DOJ has filed a brief arguing that mandatory class-action waivers are enforceable in employment arbitration agreements. The brief was filed in a consolidated set of cases to be argued before the Supreme Court. The DOJ took the opposite position last year while representing the NLRB in these same cases. The Department acknowledged as much in its brief, but stated that, after the change in administration, it had reached the opposite conclusion.

    (3) Sixth Circuit Affirms Dismissal of Sexual Harassment Claims

    The Sixth Circuit affirms the dismissal of sexual harassment claims after decisive remedial action by the employer. In the suit brought by the EEOC, three female employees claimed they were sexually harassed by a store manager. The Circuit court affirmed the dismissal of the action, finding that the employer established an affirmative defense by promptly investigating and then terminating the manager’s employment. The Court also held that the manager was not a “supervisor” under the law, because he did not have authority to take tangible employment actions against the employees, which would have held the employer to a higher standard.

    (4) Several Employment Laws Take Effect July 1

    A number of new state and local labor laws and regulations are set to go into effect July 1st. Paid sick leave laws in Minneapolis and St. Paul, Minnesota, Chicago and Cook County, Illinois, and the state of Arizona will take effect. In Seattle, an ordinance requiring employers to post schedules at least fourteen days before a work shift will go into effect. And California's new regulations limiting the ability of employers to consider criminal history in employment decisions will also take effect. Coming soon: Delaware will become the first state to prohibit employers from asking applicants about compensation history when its statute takes effect in December of this year.

    (5) Tip of the Week

    Christina Berti, Director and Associate General Counsel for Deutsche Bank, is here with some advice on best practices for an effective whistleblower retaliation investigation.

    "Whistleblower retaliation investigations are becoming all the more frequent lately, given our increased regulatory environment. You want to create a dialogue with the whistleblower to explain the process of the investigation, give status reports on its progress, and ultimately deliver the outcome. You always want to be responsive to the whistleblower's requests to provide you additional information after your initial intake meeting. In this way, you'll be apprised of any new developments which may impact your findings. And lastly, as a final closing tip, it's really important to coordinate with your HR and legal advisory teams, in terms of any new developments that might occur during the course of the investigation that may impact the whistleblower and other relevant witnesses who are active employees."

    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 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:

    This is a 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 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®

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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…


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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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