1. Helen Skinner, Senior Counsel for the Panasonic Corporation of North America, shares some advice on employee benefits and compensation considerations during the M&A process.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 80: Week of July 17th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=zT1JvBSn0pk

    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) Social Media Content Key for Non-Solicit Violations

    Our top story: An Illinois appellate court weighs in on social media and solicitation. The case involved a defendant who sent LinkedIn connection requests to three former coworkers, even though he had signed a non-solicit agreement. In considering whether social media activity violates non-solicitation agreements, other courts have drawn a distinction between passive social media activity and more active, direct activity. Though these requests were made directly to the former coworkers, the court in this case ruled that the content constituted passive activity because the defendant did not discuss his new job in any way, nor did he directly attempt to recruit his former coworkers. The court concluded that sending the connection requests did not violate the prohibition against inducing co-employees. Brian Spang, from Epstein Becker Green, has more:

    “This particular agreement only prohibited direct inducement. It prohibited the employee from inducing other employees to leave. It could have and should have included a restriction against both direct and indirect inducement. This is important because the court pointed out in multiple places that the plaintiff did not present any evidence of ‘direct’ inducement. . . . I think that a non-compete or non-solicit agreement can specifically reference social media as a potential avenue for violation of the agreement.”

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

    (2) Washington State Approves Paid Family and Medical Leave Law

    Paid family and medical leave comes to Washington State. Washington becomes another of the increasing number of states mandating paid and protected family and medical leave for employees. Washington’s law, which takes effect in 2020, provides the most generous mandated income replacement benefit for paid leave in the country. The new law provides for up to 90% of an employee's income for as much as 18 weeks of protected leave in a year. And the new law applies to employers with 50 or more employees. Payroll deductions to fund the benefit may begin on January 1, 2019.

    (3) House Republicans Ready Joint-Employer Legislation

    Congressional Republicans have readied new joint-employer legislation. As we previously reported, the Department of Labor has withdrawn the Obama-era guidance advocating the “indirect control” standard for joint employment. The National Labor Relations Board (NLRB) could be the next target. Republicans in the House are planning to introduce legislation that would overturn the NLRB’s controversial Browning-Ferris decision, which first established the “indirect control” standard. The legislation is expected soon and could include updates to the National Labor Relations Act as well as the Fair Labor Standards Act (FLSA).

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

    (4) Ninth Circuit: Mortgage Underwriters Are Not Exempt from Overtime

    Mortgage underwriters are not exempt from overtime pay, the U.S. Court of Appeals for the Ninth Circuit says. A three-judge panel found that underwriters for a savings bank did not qualify for the administrative exemption to the FLSA’s overtime requirements. Reversing summary judgment in favor of the employer, the Ninth Circuit noted that the underwriter’s job duties were aimed at producing a reliable loan rather than at administering or managing the business. With this ruling, the Ninth Circuit aligns with Second Circuit precedent but reaches a different conclusion than the Sixth Circuit, which found that mortgage underwriters at a different bank did qualify for the administrative exemption.

    (5) Tip of the Week

    Helen Skinner, Senior Counsel for the Panasonic Corporation of North America, shares some advice on employee benefits and compensation considerations during the M&A process.

    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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  3. Ira Hammerman, EVP and General Counsel for SIFMA, shares some tips on how to advise business partners when dealing with the financial regulatory environment.

    “My best piece of advice right now, given the change that we’re going through with the new administration, is not to get obsessed over every tweet, over every speech, over every press comment, and take a long-term perspective. This is a very highly regulated industry, and it’s going to take time for any regulations to change. So, I would tell people to take a long-term view and temper their expectations on the pace of change.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 79: Week of July 10th, 2017), an online series by Epstein Becker Green. youtu.be/IYdeoPUAYDI

    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) DOL Will Not Defend Salary Levels in Obama-Era Overtime Rule

    Our top story: The Department of Labor (DOL) will not defend the salary levels in the Obama-era overtime rule. In a long-awaited reply brief to the U.S. Court of Appeals for the Fifth Circuit, the DOL stated that it will not seek to defend its overtime rule, which was the subject of a November 2016 nationwide injunction. The DOL did, however, ask the appeals court to affirm that the agency has the authority to set an overtime exemption salary threshold level. According to the brief, the DOL plans to undertake further rulemaking to establish a revised exempt salary threshold. That threshold is likely to be lower than the $913 per week minimum in the rule that was enjoined. Jonathan Brenner, from Epstein Becker Green, has more.

    (2) Trump Taps Janet Dhillon to Head EEOC

    Trump has tapped Janet Dhillon to be Chair of the Equal Employment Opportunity Commission (EEOC). Dhillon is currently General Counsel at Burlington Stores—a position she previously held at JC Penney. If confirmed, Dhillon will take over for Victoria Lipnic, who is currently serving as Acting Chair. One more vacancy is expected to open up on the five-member EEOC when former Chair Jenny Yang’s extended term ends.

    (3) DOL Will Reinstate Issuance of Opinion Letters

    The DOL will bring back opinion letters. Prior to 2010, Wage and Hour Division opinion letters addressed specific questions presented by employers or employees requesting an opinion regarding the application of the Fair Labor Standards Act or Family and Medical Leave Act to specific circumstances. In 2010, opinion letters were replaced with “Administrator’s Interpretations,” which offer general clarification on the interpretation of a statute or regulation. Opinion letters are direct, public responses to fact-specific questions that can be used in court to help prove a “good faith” defense.

    For more, click here: http://bit.ly/2uy3YEI

    (4) Tenth Circuit Creates Split on Tipping Rule

    The Tenth Circuit has created a split on tip credits. A 2011 DOL wage rule states that tips are the property of the employee who receives them, regardless of whether the employer takes a tip credit. In this case, a worker was paid an hourly rate above the minimum wage in addition to tips. She sued her employer for violating the rule by allegedly withholding her tips. The Tenth Circuit affirmed the dismissal of the employee’s claim, finding that the DOL exceeded its authority in protecting tips when the tip credit was not used to meet the minimum wage obligation. This decision is at odds with a Ninth Circuit ruling on the same issue. With a Supreme Court appeal pending in the Ninth Circuit case, it’s likely that the High Court will take up this issue and resolve the split on tips.

    For more, click here: http://bit.ly/2sNVEn5

    (5) Tip of the Week

    Ira Hammerman, EVP and General Counsel for SIFMA, shares some tips on how to advise business partners when dealing with the financial regulatory environment:

    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 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.

    This is a segment from Employment Law This Week® (Episode 78: Week of July 3rd, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=b-YHOIpldXo

    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® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at ebglaw.com/employment-law-this-week/

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