1. With the rise of the #MeToo movement, there is clearly a renewed focus on gender discrimination in the workplace. David Garland, Chair of Epstein Becker Green’s Employment, Labor & Workforce Management Steering Committee, argues that in 2018, HR cannot take a back seat to other priorities, and that HR should have a seat at the table with the highest level of management.

    This is an extended interview from Employment Law This Week® (Episode 99: Week of January 15, 2018), an online series by Epstein Becker Green. youtu.be/czFY8lcWo08

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

    (1) Happy 100th!
    Welcome to the 100th episode of Employment Law This Week! For our 100th episode, we decided to do something a little bit different. We hope to start a conversation about the role that human resources (HR) must play in our rapidly changing workplace environment.

    With the rise of the #MeToo movement, there is clearly a renewed focus on gender discrimination in the workplace. David Garland, Chair of Epstein Becker Green’s Employment, Labor & Workforce Management Steering Committee, argues that in 2018, HR cannot take a back seat to other priorities, and that HR should have a seat at the table with the highest level of management. We asked him why:

    “More than ever before, compliance with employment law and labor law is as important as compliance with any other law. What we've seen is these high-profile cases presenting a threat at the highest levels of company leadership. And that poses challenges when it comes to reputation of the company, reputation of the brand, and, even in the most serious of cases, the impact on shareholder value. So we need, at the highest level of the company, to be focused on compliance and addressing the important HR issues, particularly preventative HR measures.”

    (2) HR’s Role in Defining Employee Culture in 2018

    If you ask CEOs the most important commodity for their business, they’re likely to say their ability to find and retain talent. In an environment in which technology gives any prospective employee a window into the brand and culture of a company, it’s the role of the HR department to not only recruit talent, but ensure that current, and even former, employees are satisfied with the company culture. Jennifer Gefsky is a former Vice President of Major League Baseball and the founder of Après, a digital recruiting platform for high-caliber women who are reentering the workforce. We asked her how the recruiting landscape is changing:

    “One of the things that the events of 2017 taught us is that the role of human resources groups is going to continue to evolve and grow in 2018 and beyond. Why? Because when a company experiences an event such as a large sexual harassment . . . a very public sexual harassment case, the company takes a hit not only in terms of its value, but in terms of its culture, and in terms of its ability to hire and retain talent, which is really the name of the game. And so because it's such an important role, we're going to see, I think, a wider net cast for human resources within companies, and really, much more of a seat at the C-suite table. You know, chief talent officers, chief people officers, true leaders that are really driving the company culture and employee satisfaction.”

    (3) Our Community

    We’d love to get your thoughts on the role that HR can play in 2018. Email us at thisweek@ebglaw.com or comment on this video.

    We’re extremely proud of the community that we’re building here together—a community of lawyers, executives, and HR professionals who not only watch the show but get involved in it by suggesting stories, commenting on them, and participating in our “Tip of the Week” initiative.

    In fact, over our first 100 episodes, 95 employment professionals have been generous enough to share their advice with us. These guests have provided advice on a wide range of topics, from employee training to technology in the workplace, to real-world insights on the issues that are top of mind in our current climate, like sexual harassment and labor relations.

    To all of those who have contributed, a sincere thank you. And to all of our viewers, we’d like to extend an invitation to get involved in this conversation. Participate in our “Tip of the Week” segment, weigh in on our discussion about HR’s role in 2018, and share the show with a colleague. That’s how we strengthen our community. This show reaches its full potential when it becomes a catalyst for us to learn from each other. Thank you for 100 great episodes, and here’s to the next 100!

    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. The National Labor Relations Board (“NLRB” or “Board”) takes a new direction. The last month of 2017 saw the Republicans take control of the NLRB for the first time in nine years. And the new majority quickly set a new tone, overturning controversial Obama-era decisions. The NLRB discarded the joint-employer test adopted in Browning Ferris, created a new test for handbook and rules violations, and reversed the Specialty Healthcare “overwhelming community of interest” standard for bargaining micro-units. With the end of NLRB Chairman Philip Miscimarra’s term on December 16, the Board has now shifted back to a 2-2 split until a replacement is nominated and confirmed. Steve Swirsky, from Epstein Becker Green, tells us what other changes we can expect in 2018.

    This is an extended interview from Employment Law This Week® (Episode 99: Week of January 8, 2018), an online series by Epstein Becker Green. youtu.be/MX1_rgPWghA

    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. Dr. Gerlind Wisskirchen, a Partner at CMS Germany, is here with advice on preparing for the artificial intelligence (“AI”) workplace.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 99: Week of January 8, 2018), an online series by Epstein Becker Green. youtu.be/MX1_rgPWghA

    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) Change Comes Swiftly at the NLRB

    Our top story: The National Labor Relations Board (“NLRB” or “Board”) takes a new direction. The last month of 2017 saw the Republicans take control of the NLRB for the first time in nine years. And the new majority quickly set a new tone, overturning controversial Obama-era decisions. The NLRB discarded the joint-employer test adopted in Browning Ferris, created a new test for handbook and rules violations, and reversed the Specialty Healthcare “overwhelming community of interest” standard for bargaining micro-units. With the end of NLRB Chairman Philip Miscimarra’s term on December 16, the Board has now shifted back to a 2-2 split until a replacement is nominated and confirmed. Steve Swirsky, from Epstein Becker Green, tells us what other changes we can expect in 2018:

    “The tea leaves are very clear that there are another indeterminate number of precedents that are going to be reviewed. The Board members Kaplan and Emanuel have given some indications in several footnotes in decisions that said that ... where they've said they want to look at particular issues, and they think that they should be ripe for reconsideration by the Board. These include the precedents from the Obama Board concerning confidentiality in settlement agreements. Something else that came out in December was a Request for Information from the Board looking for comment and experience from parties across the spectrum on the Board's 2014 amendments to the representation election processes. I think it's likely that that's a precursor to another round of rulemaking by the Board to address some of the inequities in those 2014 election rules, if not to revert to the prior rules completely.”

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

    (2) New Tax Bill Impacts Employers

    This new year will also usher in new tax rules, thanks to tax reform legislation passed by Republicans in late 2017. Corporations will see a reduction of the corporate rate from 35 percent to 21 percent and a repeal of the corporate alternative minimum tax. Employers will lose deductions for moving and transportation expenses. Companies will not be allowed to deduct as business expenses any settlements paid on claims for sexual harassment if the payments are subject to a nondisclosure agreement. These and other provisions will have a significant impact on the taxes that companies pay and the tax-free fringe benefits they can offer to employees.

    (3) EEOC Wellness Rules to Be Vacated

    The Equal Employment Opportunity Commission (EEOC) wellness rules allow employers to give employees incentives for participating in workplace wellness programs, worth up to 30 percent of an employee’s cost of health insurance. Back in August, a federal district court judge in the District of Columbia invalidated the rules and directed the EEOC to reconsider them. The court found that the agency did not adequately explain why the incentive did not violate the Americans with Disabilities Act’s requirement that any disclosure of disability-related information must be voluntary. In December, the judge amended his order and vacated the challenged portions of the rules, effective January 1, 2019, stating that the timeline will give employers an opportunity to adjust their programs.

    (4) New California Laws Impact Employers

    The state of California added 859 new statutes last year, and many of them will have an immediate impact on employers. Among these new laws are a prohibition on salary history and criminal conviction questions in the employment application process and an extension of leave to new parents working for smaller employers. California employers will also see new limitations relating to granting worksite access to immigration enforcement officials without a warrant. Most of the new laws have already taken effect, so employers need to make sure that they are up to date and in compliance.

    For more, click here: http://bit.ly/2qnCG5X

    (5) Tip of the Week

    Dr. Gerlind Wisskirchen, a Partner at CMS Germany, is here with advice on preparing for the artificial intelligence (“AI”) workplace.

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

    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 – 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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