1. Jennifer Fournier, General Counsel and VP of the HR and Compliance Group at The Schuster Group, provides some advice on utilizing job descriptions to minimize risk and improve communication.

    “Clear and concise communication written through the job description is a wonderful way for employers and employees to work together to understand exactly what the goals are for the position. When they're able to do that, you're going to find that your employees have greater productivity over time and increased job satisfaction, which will do nothing but benefit your organization. When we have a good job description on paper, we're able to look at that in a risk management way. We can refer back to that when we're dealing with discipline and other corrective actions that may need to occur along the way as someone is employed with you. And that can really help to minimize your litigation risks and, unfortunately, if you go to that place, have great documentation for your attorneys and legal team to move forward with whatever action might be out there.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 82: Week of August 7th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=mmtJUOu3KXo

    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) DOL Issues RFI on FLSA Overtime Exemption Regulations

    Our top story - The Department of Labor may be moving to formally roll back Obama-era overtime exemption regulations. Regulations that more than doubled the salary thresholds for most white-collar exemptions were supposed to go into effect in December 2016, but the Department was enjoined from enforcing them. The DOL has now issued a Request for Information seeking public comment on topics including the amount of the salary threshold, how it should be determined and whether there should be any minimum salary requirement at all. Adriana Kosovych, from Epstein Becker Green, has more:

    (2) Second Circuit: NLRA Does Not Preempt NYSHRL

    The Second Circuit finds that the NLRA does not preempt the New York State Human Rights Law for discrimination claims filed against a union by its members - Members of a New York local accused the union of discriminatory activity in violation of the New York State Human Rights Law. The union sued for declaratory judgment, arguing that the state law was preempted by the NLRA's duty of fair representation. Reversing the lower court's ruling, the Second Circuit found that the duty of fair representation in the National Labor Relations Act presents no conflict with the NY law, and was not designed or intended to preempt state laws focused on combatting discrimination.

    (3) San Francisco Bans Salary History Inquiries

    San Francisco bans salary history inquiries - San Francisco joins New York City, Philadelphia, and the states of Massachusetts, Delaware, and Oregon as the latest jurisdiction to pass this type of legislation. The law will prohibit employers from asking applicants about current or past wages. The Parity in Pay Ordinance also bars employers from releasing salary information to a prospective employer without written consent. This legislation is based on the theory that relying on compensation history to determine starting pay contributes to gender wage inequities. The law will go into effect on July 1, 2018. A similar law is currently pending in the California Senate.

    (4) Pregnant Workers Fairness Act Signed Into Law

    And the Pregnant Workers Fairness Act is signed into law in Massachusetts - Starting April 1st, 2018, employers in Massachusetts must make reasonable accommodations for pregnant workers and workers with pregnancy-related conditions. The law also protects these workers from related discrimination and retaliation. Massachusetts joins 21 other states and D.C. in explicitly granting these protections.

    Click Here for More: retaillaborandemploymentlaw.com/discrimination/gov-christie-vetoes-legislation-barring-salary-history-inquiries/

    (5) Tip of the Week

    Jennifer Fournier, General Counsel and VP of the HR and Compliance Group at The Schuster Group, provides some advice on utilizing job descriptions to minimize risk and improve communication.

    “Clear and concise communication written through the job description is a wonderful way for employers and employees to work together to understand exactly what the goals are for the position. When they're able to do that, you're going to find that your employees have greater productivity over time and increased job satisfaction, which will do nothing but benefit your organization. When we have a good job description on paper, we're able to look at that in a risk management way. We can refer back to that when we're dealing with discipline and other corrective actions that may need to occur along the way as someone is employed with you. And that can really help to minimize your litigation risks and, unfortunately, if you go to that place, have great documentation for your attorneys and legal team to move forward with whatever action might be out there.”

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

    (1) Supreme Court Sets Date for Class Action Waiver Cases

    Our top story: The high court will kick off its October term by tackling a significant employment issue. The Supreme Court will hear arguments on the enforceability of class action waivers in arbitration agreements. Oral argument is scheduled for October 2 on related cases from the U.S. Court of Appeals for the Fifth, Seventh, and Ninth Circuits. During the Obama administration, the National Labor Relations Board (NLRB) took the position that such waivers violated employees’ rights, and the Department of Justice (DOJ) agreed. The DOJ reversed its position in an amicus brief filed in June. While the NLRB has not done so, it is expected to revisit the issue after a new Republican majority is confirmed.Stuart Gerson, from Epstein Becker Green, has more.

    (2) DOL to Reverse Position on Tip Pooling

    The Department of Labor (DOL) will move quickly to undo an Obama-era regulation restricting tip pooling. The White House Office of Management and Budget issued its regulatory agenda last week, detailing planned regulatory actions by federal agencies. The agenda states that the DOL will issue a Notice of Proposed Rulemaking as soon as August to rescind a 2011 interpretation of the tip-credit rule. The Obama-era regulation states that tips are the property of the employee, whether or not the employer takes the tip credit, even when the employer pays the full minimum wage. That rule was the subject of numerous legal challenges, including two certiorari petitions that are currently pending before the Supreme Court.

    For more information, read "Tenth Circuit Rules Tips Belong to the Employer If Tip Credit Is Not Taken": wagehourblog.com/2017/07/articles/tipped-employees/tenth-circuit-rules-tips-belong-to-the-employer-if-tip-credit-is-not-taken/
     
    (3) DOJ: Title VII Does Not Cover Sexual Orientation
     
    The DOJ says that Title VII of the Civil Rights Act of 1964 (Title VII) does not prohibit sexual orientation discrimination. In an amicus brief filed last week, the DOJ told the Second Circuit that it should reaffirm an earlier ruling that Title VII does not protect employees against discrimination based on their sexual orientation. The DOJ’s interpretation directly contradicts the Equal Employment Opportunity Commission’s official position on the matter. The case involves a skydiving instructor who was fired after disclosing to a customer that he was gay. As we’ve previously reported, the Second Circuit has granted an en banc hearing in order to reconsider its holding on the issue.
     
    (4) USCIS Issues Updated Form I-9
     
    The U.S. Citizenship and Immigration Services (USCIS) has issued another revision to Form I-9. Employers will be required to use the new version, dated July 17, 2017, beginning September 18 of this year. Until that time, employers may use either the new form or the form dated November 14, 2016. Form I-9 is used to verify the employment authorization and identity of all employees in the United States. The updated form includes a revised “List of Acceptable Documents” and small changes to the language.
     
    (5) Tip of the Week
     
    Christina Blankley, HR Manager at Maxxima LED Lighting, has some advice on best practices for improving employee engagement in benefit programs:
     
    “Employers should not underestimate the importance of employee engagement and the inevitable effect it has on a company's return on investment. Communications to employees about the company's benefit offerings throughout the year keep employees reminded of the benefits afforded to them as part of your organization. If a new gym opens up next door, send a reminder email to your employees that the company's insurance carrier offers a gym reimbursement program that they can benefit from. Employers should distribute to their employees an annual total rewards statement. It is a document that shows the employee their total compensation by listing their wages alongside the value of each benefit the company offers. This educates the employee on their true worth as a team member within your organization and creates incentive to utilize benefits afforded to them.”

    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. 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

    This is a segment from Employment Law This Week® (Episode 79: 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 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. 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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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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