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

    (1) OMB Suspends EEOC Pay Data Collection Requirement

    Our top story: New pay data collection requirements are put on hold. A division of the Office of Management and Budget (OMB) has issued an immediate stay on new EEO-1 reporting requirements announced in 2016 under the previous administration. Under the rule, federal contractors and private employers with 100 or more employees would have been required to gather information on employee pay and hours worked by race, ethnicity, and sex, and grouped by occupational category. Susan Gross Sholinsky, from Epstein Becker Green, has more:

    “The revised EEO-1 report is not actually rescinded. However, it will be stayed until the [Equal Employment Opportunity Commission (EEOC)] submits a new information collection package. It's unlikely, though, that that will happen, because Acting EEOC Chair Victoria Lipnic has actually opposed the revised EEO-1 report from the beginning. And she recently said publicly that she hopes the OMB's decision prompts discussions of more effective ways to encourage employers to review compensation practices in order to ensure equal pay and to close the wage gap. The filing deadline, which used to be September 30th, is now March 31st, and the window for selecting a representative pay period used to be between July 1st and September 30th. It's now between October 1st and December 31st, as had been suggested in the revised EEO-1 report.”

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

    (2) Judge Stays DOL Overtime Rule

    The Department of Labor (DOL) exceeded its authority with its amended overtime rule. That’s the conclusion reached by the same Texas federal judge who stayed the Obama-era rule just before it took effect in 2016. The rule introduced a new minimum salary level for the overtime exemption that was more than double the current minimum. The court found that the rule made overtime status depend predominantly on salary level and was inconsistent with the language of the Fair Labor Standards Act, which refers only to job duties. In the wake of this ruling, the DOL has withdrawn its Fifth Circuit appeal of the judge’s earlier injunction, signaling that the agency intends to abandon the rule. The DOL has published an RFI for new proposed regulations, with the comment period ending September 25.

    For more, click here: http://bit.ly/2wf5pHz

    (3) EEOC Files Suit Over Parental Leave Policies

    The EEOC has filed its first lawsuit alleging sex discrimination in parental leave policies. This the latest indication that the EEOC is scrutinizing parental leave policies where men and women are treated differently. The EEOC filed suit against Estee Lauder, alleging that the beauty products company discriminated against a male employee when he was denied the same amount of paid leave offered to biological mothers following the birth of a child. The company policy provides six weeks of parental leave to primary caregivers, typically mothers, and two weeks to non-primary caregivers, most typically fathers.

    (4) NY Tax Officials Publish Guidance on Paid Family Leave Program

    New York State’s new paid family leave program takes effect in January. Now, state officials have made clear how the benefits will be taxed. Benefit payments will be treated as taxable non-wage income. Withholding will not be automatic, but employees can request that employers withhold taxes from benefit payments. New York’s paid family leave program is the most comprehensive in the country, ultimately providing up to 12 weeks of paid protected leave for bonding with a new child, caring for a close relative, or dealing with pressures surrounding a family member’s call to active duty in the military.

    (5) Tip of the Week

    Jil Galloway, Senior Vice President and Chief Administration Officer at Mitsubishi International Corporation, provides some advice on shifting your pay incentive structure:

    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. Vacancies at the Department of Labor (“DOL”) are delaying policy changes under the new administration. Nearly half of the leadership positions at the DOL are still vacant, and Labor Secretary Acosta was not confirmed until late April. Neither the Wage Hour Division nor OSHA has a permanent Administrator. The DOL has taken some action, like rescinding guidance on misclassification of employees as independent contractors, but little progress has been made toward new overtime regulations or expanded use of the E-Verify system. Paul DeCamp is a former Administrator of the DOL’s Wage and Hour Division and current Member of the Firm at Epstein Becker Green. Here, he provides some context on the delays.

    This is an extended interview from Employment Law This Week® (Episode 85: Week of August 28th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=G6nqKtUkMgg

    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. Kirsty Devine, Head of US HR and Global Projects for the Financial Times, offers some advice on best practices for HR department transformation.

    “First of all, you need to set your vision. So what does the future look like? What are you wanting to achieve? What benefits will this bring if you achieve this transformation? It's really important that you have that in mind as you go through the transformation, because that means that you can help the team to envision where they're going to. Secondly, you need to do research. This is really important to do at the outset, because it gives you a really clear picture as to what's happening today. It's really important as you go through the transformation that you don't transform in isolation. So make sure that you're engaging business stakeholders who might have an interest in your transformation. In this way, when you deliver your transformation, you'll have buy-in to what you're trying to achieve.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 85: Week of August 28th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=G6nqKtUkMgg

    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 Vacancies Slowing Trump's Agenda

    Our top story: Vacancies at the Department of Labor (“DOL”) are delaying policy changes under the new administration. Nearly half of the leadership positions at the DOL are still vacant, and Labor Secretary Acosta was not confirmed until late April. Neither the Wage Hour Division nor OSHA has a permanent Administrator. The DOL has taken some action, like rescinding guidance on misclassification of employees as independent contractors, but little progress has been made toward new overtime regulations or expanded use of the E-Verify system. Paul DeCamp is a former Administrator of the DOL’s Wage and Hour Division and current Member of the Firm at Epstein Becker Green. Here, he provides some context on the delays:

    (2) NLRB Okays Restriction on Employee Use of Customer Information

    Employers can restrict employee access to, and use of, confidential customer information, the NLRB says. An administrative law judge found that some employer policies at a national retailer violated the National Labor Relations Act (“NLRA”). The retailer partially appealed, arguing that the policies protected customer information like social security and credit card numbers. Reversing the administrative law judge’s decision, the NLRB found that these policies did not violate the Act, in part because the rules only applied to confidential information obtained from the employer systems. The Board held that employee access to and use of such data falls outside the protection of the NLRA.

    (3) Weingarten Rights Apply Only to Mandatory Meetings

    The NLRB’s Weingarten doctrine applies only to compulsory meetings. Two nurses at a Kansas hospital were accused of unprofessional conduct and invited to attend an optional peer-review committee meeting on the matter. The nurses filed an unfair labor practice charge after the hospital declined their request that union representatives join them at the meeting. The D.C. Circuit found that the Weingarten rule, which grants union-represented employees the right to have union representation at meetings that may result in discipline, does not apply to voluntary meetings, even those that may result in discipline.

    (4) EEOC’s Authority Not Limited by Charging Party’s Court Case

    The Seventh Circuit finds that the EEOC’s authority is not limited by the actions of a charging party. Two former railroad employees filed a charge of racial discrimination with the EEOC, against their employer. The agency issued a right-to-sue letter in 2012, which would ordinarily close the cases. A federal judge dismissed the employees’ private lawsuit, but the EEOC continued its investigation on a company-wide basis. The railroad challenged the agency’s authority to do so. The Seventh Circuit held that Title VII does not expressly or implicitly limit the EEOC’s investigatory authority, even after the dismissal of a charging party’s lawsuit.

    (5) Tip of the Week

    Kirsty Devine, Head of US HR and Global Projects for the Financial Times, offers some advice on best practices for HR department transformation:

    “First of all, you need to set your vision. So what does the future look like? What are you wanting to achieve? What benefits will this bring if you achieve this transformation? It's really important that you have that in mind as you go through the transformation, because that means that you can help the team to envision where they're going to. Secondly, you need to do research. This is really important to do at the outset, because it gives you a really clear picture as to what's happening today. It's really important as you go through the transformation that you don't transform in isolation. So make sure that you're engaging business stakeholders who might have an interest in your transformation. In this way, when you deliver your transformation, you'll have buy-in to what you're trying to achieve.”

    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. Marie Chery, Senior Vice President of Human Resources for Mizuho Americas, shares some advice on HR's role in successfully managing change.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 84: Week of August 22nd, 2017), an online series by Epstein Becker Green. youtu.be/W4tZzSnzMeM

    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®

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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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