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

    (1) Workplace Harassment Review in Federal Courts

    Our top story: The federal bench responds to the #MeToo movement. The newly formed Federal Judiciary Workplace Conduct Working Group will review workplace harassment policies in the federal judiciary. This initiative grew from a pledge U.S. Supreme Court Chief Justice John Roberts made following the resignation of Ninth Circuit judge Alex Kozinski last year amidst accusations of inappropriate sexual behavior. The group will survey common workplace policies, talk to jurists and other employees in the judiciary, and compile a report with recommendations. Nathaniel Glasser, from Epstein Becker Green, has more.

    (2) DOL Reissues 17 Opinion Letters

    The Department of Labor (DOL) has reissued 17 opinion letters signed during the final month of the George W. Bush administration. The letters address a variety of FLSA topics, and were withdrawn by the Obama DOL in 2009 “for further consideration.” Three other opinion letters will remain withdrawn. An opinion letter is an official written DOL opinion of how the law applies to a specific set of facts. Issuance of opinion letters was a common practice at the DOL for 70 years before the Obama administration discontinued them in 2010, and replaced them with more general Administrator’s Interpretations. Last year, under the new administration, the Department announced a return to Opinion Letters.

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

    (3) John Ring Nominated for NLRB

    Trump picks John Ring to fill the National Labor Relations Board (“NLRB” or “Board”) vacancy. The president has announced Ring, a management-side labor lawyer, as his choice to fill out the NLRB. A vacancy was created when Board Chairman Philip Miscimarra completed his term in December 2017. The Board is currently split 2-2 and will return to a 3-2 Republican majority if Ring is confirmed by the Senate. A date has not yet been set for his confirmation hearings.

    For more, click here: http://bit.ly/2DfoM7L

    (4) ICE Raids 7-Eleven Stores

    Immigration and Customs Enforcement (ICE) raids 7-Eleven stores across the country. On the same day ICE issued a press release announcing its priorities for enforcement against undocumented individuals, immigration agents raided 98 7-Eleven stores across the country. The agents arrested 21 employees during these raids, in what the Trump administration described as a "show of force" to demonstrate its zero tolerance policy for undocumented workers.

    (5) Tip of the Week

    People analytics have become a valuable tool for HR professionals, but utilizing them comes with some risks. Rick Holt, a Director at Resolution Economics, is here to tell us what to watch out for:

    “First, there's the issue of transparency. In an effort to protect their intellectual property, a number of the vendors and consultants in this area will only share an overview of their algorithms and associated data elements. While that's understandable, it creates a challenge for the employer. Often, when looking to figure out what successful is, these tools look to the incumbents in the workforce at the employer. This kind of circular logic can lead to something called 'similar to me' bias, which further leads to potentially inefficient decisions, and might even lead to legal risk. The third and final risk factor I'd like to discuss is disparate impact or disparate treatment. There's been a lot of discussion about how these automated decision-making tools may actually lower those risks, because they remove subjectivity from the decision-making process. And while there is certainly some logic to that, there is a flip side to it, as well. These tools, these algorithms, may actually, buried within, have factors or aspects of the logic that actually increase outcome differences, with respect to things like race, gender, and age.”

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    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. 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 re-entering the workforce. We asked her how the recruiting landscape is changing.

    This is an extended interview from Employment Law This Week® (Episode 100: 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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  3. 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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  4. 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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  5. 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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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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