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

    (1) DOL Proposes Expanded Options for Employers to Form Association Health Plans

    Our top story: The Department of Labor (DOL) proposes expanding health insurance options for employers. The proposed new regulations would allow small businesses and self-employed individuals to join together to form group association health plans. Groups could be formed on the basis of geography or industry. The proposal is available for public comment until March 6. Adam Solander, from Epstein Becker Green, has more.

    (2) New Jersey Amends Discrimination Law to Include Nursing Mothers

    There’s a new protected class in New Jersey. A new amendment to the New Jersey Law Against Discrimination makes breastfeeding mothers a protected class under the law. The state is the latest to join an expanding movement to increase workplace protections for nursing mothers. Effective immediately, it is unlawful for employers to discriminate or retaliate against an employee working in New Jersey who is breastfeeding or expressing milk for her child. The amendment also requires employers to provide reasonable break time and a private location for nursing women, unless doing so would create an undue hardship for the employer.

    For more, click here: http://bit.ly/2DB78vj

    (3) DOL Adopts New Test for Unpaid Interns

    The DOL adopted the “primary beneficiary” test for determining whether interns must be paid for their working time. The test evaluates the relationship between an intern and an employer to determine which party is the primary beneficiary. If the employer is found to be the primary beneficiary, the intern will be considered an employee, entitled to be paid at least the minimum wage and for overtime. This test brings the DOL in line with rulings by several federal appellate courts.

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

    (4) New Conscience Protections for Doctors and Nurses

    The Department of Health and Human Services (HHS) announced new conscience-based protections for health professionals. HHS has proposed new protections for doctors and nurses who refuse to participate in services that run counter to their moral or religious beliefs. The protections cover moral or religious objections to participating in abortions as well as assisted suicide and sterilization, among other procedures. This change would have an immediate impact on how health care organizations discipline and assign employees and may give rise to issues that will need to be addressed in collective bargaining agreements. Public comments are now being accepted on the proposed rule.

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

    (5) Tip of the Week

    Peter Damiano, Vice President and Associate General Counsel for J.Crew Group, is here with some best practices for sending an employee overseas:

    “First, think holistically about how to structure your employee’s assignment so it does not expose your company to new corporate tax risks. Plan ahead. Immigration documents and work permits can take several months to secure, so you'll want to start that process well in advance. Tailor non-compete language to ensure it remains enforceable under the local laws of the new country. Also, the employee's benefits may need to be restructured. Oftentimes, current benefits will need to be suspended and new ones that follow the local country’s pension or Social Security requirements will need to be offered. Finally, most expats will want to ensure their individual tax remains the same, so your organization should consider tax provisions in both jurisdictions in order to work through the difference.”

    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. 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.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 101: Week of January 22, 2018), an online series by Epstein Becker Green. youtu.be/IXnmEOCV-u0

    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 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. http://bit.ly/2mVKU0D

    This is an extended interview from Employment Law This Week® (Episode 101: Week of January 22, 2018), an online series by Epstein Becker Green. youtu.be/IXnmEOCV-u0

    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) 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.”

    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. 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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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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