1. Will Hansen, Senior VP of Retirement Policy for The ERISA Industry Committee (ERIC), is here with tips on how tax reform could impact executive compensation programs.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 96: Week of December 4, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=jqaAEdjWsGg

    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) Ninth Circuit: Minimum Wage Calculated by Weekly Average
    Our top story: The U.S. Court of Appeals for the Ninth Circuit finds that the minimum wage can be calculated by the weekly average. Xerox paid call center workers in the State of Washington different amounts for different tasks. This system sometimes caused employees to earn less than the minimum wage in a single hour, but the employer supplemented their pay at the end of each workweek to meet the federal minimum. Several of the workers sued, claiming that the Fair Labor Standards Act’s minimum wage requirement must be met for each individual hour worked. The Ninth Circuit concluded that the minimum wage should be measured over the entire workweek, agreeing with four other circuits, and ruled in favor of the company. Here’s Jonathan Brenner, from Epstein Becker Green, with more.

    (2) Restaurant Groups Fight NYC’s Paycheck Deduction Law

    Restaurant groups take on New York City’s paycheck deduction law. The National Restaurant Association has sued New York City in federal court over a new law that went into effect on November 26. Under the law, fast-food employees can ask their employer to deduct a portion of their salary and donate it directly to a nonprofit. The association says this provision violates federal labor law by requiring employers to send dues to union-supported organizations in non-union workplaces. The restaurant groups also allege that the law violates the First Amendment by requiring employers to send funds to organizations that they may not support, like the “Fight for $15” campaign.

    For more, click here: ebglaw.com/eltw96-hello

    (3) Poll Shows State and Local Laws Are Top Concern

    State and local laws are top of mind heading into 2018. In a recent poll of readers, HR Dive found that over half of respondents consider state and local laws their top compliance concern, followed by Family and Medical Leave Act (FMLA) leave and EEO-1 reporting. HR Dive cites stagnation on the federal level as a major reason that states and municipalities are taking matters into their own hands. Salary history inquiry bans, minimum wage laws, ban-the-box provisions, and paid leave requirements are just some of the issues on state and local legislative agendas throughout the country.

    For more, click here: ebglaw.com/eltw96-hr

    (4) DOL Delays Fiduciary Rule

    The U.S. Department of Labor (DOL) puts the fiduciary rule on ice for 18 months. The DOL has delayed key parts of its fiduciary rule for financial advisors until July 1, 2019. The DOL is using the time to fully consider prohibited transaction exemptions in the rule, including the controversial Best Interests Contract (BIC) exemption that would require fiduciaries to enter into an enforceable contract regarding standards of conduct. In February, President Trump asked the DOL to examine the Obama-era rule. The Impartial Conduct Standards, which require brokers to charge reasonable fees, refrain from making misleading statements, and work in clients’ best interests, took effect in June 2017.

    (5) Tip of the Week

    Will Hansen, Senior VP of Retirement Policy for The ERISA Industry Committee (ERIC), is here with tips on how tax reform could impact executive compensation programs:

    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. Statewide employee scheduling rules are coming to New York. The state Labor Department is advancing regulations limiting on-call and just-in-time scheduling. The proposed rules require additional pay for employees scheduled on short notice, but would not prohibit the practice altogether. While the regulations appear to primarily target retailers, who commonly use on-call scheduling, they will impact other industries as well. Here’s Jeff Landes from Epstein Becker Green with more.

    This is an extended interview from Employment Law This Week® (Episode 95: Week of November 20, 2017), an online series by Epstein Becker Green. youtu.be/C-JHarLaHf4

    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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  4. This week, we welcome Barbara Harris. Barbara is a Senior Labor & Employment Editor at Thomson Reuters Practical Law, and she spoke to us about navigating the patchwork of state and local paid sick leave laws. Until the federal government passes a fix, like the preemption law we discussed on last week’s show, this will remain a concern for employers:

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 95: Week of November 20, 2017), an online series by Epstein Becker Green. youtu.be/C-JHarLaHf4

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

    (1) New York Announces New Employee Scheduling Regulations

    Our top story: Statewide employee scheduling rules are coming to New York. The state Labor Department is advancing regulations limiting on-call and just-in-time scheduling. The proposed rules require additional pay for employees scheduled on short notice, but would not prohibit the practice altogether. While the regulations appear to primarily target retailers, who commonly use on-call scheduling, they will impact other industries as well. Here’s Jeff Landes from Epstein Becker Green with more.

    (2) Senate Confirms White House Nominee for NLRB General Counsel

    Management-side labor lawyer Peter Robb has been confirmed as the next National Labor Relations Board General Counsel. The Board’s General Counsel serves a critical policy role at the Labor Board, deciding which issues to pursue in investigations and litigation. Robb is expected to move away from the expansive agenda of his predecessor in many areas, including the broadened joint-employer standard. An accomplished attorney, Rob played a key role in the Reagan Administration’s response to the air traffic controllers union strike, which resulted in their firing - a pivotal event in the modern history of labor relations.

    (3) EEOC Touts Major Decrease in Charge Backlog

    The U.S. Equal Employment Opportunity Commission says its charge backlog has dropped to a ten year low. Last week, the agency released its fiscal year 2017 Performance and Accountability Report highlighting its work over the past year. According to the report, the EEOC resolved 99,109 charges, and reduced the charge workload by 16.2 percent, bringing its total workload to just over 61,000 charges. The agency filed 184 merit lawsuits, more than double the 2016 number, and recovered approximately $484 million dollars for parties charging workplace discrimination. This includes $355 million in settlements and other administrative enforcement and $42 million through litigation.

    (4) Montgomery County, Maryland: Latest to Implement $15 Minimum Wage

    A $15 dollar minimum wage on the way in Montgomery County, Maryland. Montgomery County joins neighboring Washington, DC, in implementing the $15 dollar minimum. Two states and at least six other jurisdictions have enacted similar measures. Montgomery County’s law establishes a slower path to $15 than DC, with large employers reaching that level in 2021. The law also allows for an "opportunity wage" of 85 percent of the minimum wage for employees under 20 years old in their first six months of employment.

    (5) Tip of the Week

    This week, we welcome Barbara Harris. Barbara is a Senior Labor & Employment Editor at Thomson Reuters Practical Law, and she spoke to us about navigating the patchwork of state and local paid sick leave laws. Until the federal government passes a fix, like the preemption law we discussed on last week’s show, this will remain a concern for employers:

    “Drafting a legally compliant paid sick leave policy has become one of the biggest headaches for multi-jurisdictional employers, but there are several steps they can take when embarking on this task. First they need to understand the applicable state and local sick leave laws wherever they have employees. Next they need to decide whether to have a generic PTO or paid time off policy or a specific sick leave policy that just covers the uses under the applicable laws. This may depend on where the employees are located and how many jurisdictions they have employees working in. Sometimes the best starting place for employers is to use their existing policies. Those policies may really be more compliant with existing, with the applicable laws than they thought.”

    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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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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