1. There’s no relief from the Trump administration on anti-poaching agreements. Certain 2016 guidance from the Department of Justice (DOJ) and Federal Trade Commission put employers on notice that agreements between companies to not poach employees, or to limit the compensation paid to some employees, could violate antitrust laws. There had been some speculation that President Trump’s DOJ would back away from this policy. However, recent comments by the Assistant Attorney General for the Antitrust Division indicated that the new administration will support the policy and promised several announcements in the coming months. Aime Dempsey, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 103: Week of January 9, 2018), an online series by Epstein Becker Green.

    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) Trump Continues Obama Antitrust Guidance for HR Professionals

    Our top story: There’s no relief from the Trump administration on anti-poaching agreements. Certain 2016 guidance from the Department of Justice (DOJ) and Federal Trade Commission put employers on notice that agreements between companies to not poach employees, or to limit the compensation paid to some employees, could violate antitrust laws. There had been some speculation that President Trump’s DOJ would back away from this policy. However, recent comments by the Assistant Attorney General for the Antitrust Division indicated that the new administration will support the policy and promised several announcements in the coming months. Aime Dempsey, from Epstein Becker Green, has more:

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

    (2) EEOC Publishes 2017 Data

    Retaliation tops discrimination charges filed in 2017. The Equal Employment Opportunity Commission (EEOC) has published its annual enforcement and litigation data. During fiscal year 2017, 84,254 workplace discrimination charges were filed with the agency nationwide. Retaliation charges were the most common, accounting for 48.8 percent of all charges filed. The EEOC is also touting its progress in eliminating backlogs, reporting a 16.2 percent reduction in outstanding workload, to the lowest level in 10 years.

    (3) Organizational Changes at the NLRB

    General Counsel Peter Robb could be signaling a shift at the National Labor Relations Board (NLRB). Robb has reportedly suggested structural changes that could establish a new layer of management between the General Counsel and the field. These reports come as the NLRB seeks to adjust to cuts to its budget and a decline in case filings. If implemented, the changes could remove authority from the Regional Directors and shift more decision-making to the General Counsel. Sources report that some changes are likely before the new budget year next October.

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

    (4) NYC Amends Human Rights Law

    Beginning October 15, New York City will require employers to engage in a "cooperative dialogue" with any employee or applicant who may be entitled to a reasonable accommodation. A person might seek an accommodation for religious needs, pregnancy, or a disability, among other reasons. The amendment to the city’s Human Rights Law requires employers to exchange information with the requesting individual and produce a written decision.

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

    (5) Tip of the Week

    This week, Lenora Billings-Harris, Diversity Strategist for Ubuntu Global, is here with some tips for addressing micro-aggression in the workplace:

    “Very often, when people leave an organization, if asked, they say they left the organization to take another job that pays them more. More often than not, that's not the real reason; it's just an easy answer. The real reason they leave is, either they feel disconnected to the organization or disconnected to their supervisor or their manager. The reason they become disconnected so often is because of unconscious messages and behaviors that tell them they don't belong. We call those ‘micro-messages’ and ‘micro-behaviors.’ Now, the good news is, there is a solution, if you're willing to practice. There's a technique that I call ‘STOP.’ The ‘S’ stands for ‘state’ the behavior, the ‘T’ stands for ‘tell’ the person how you feel, the ‘O’ stands for ‘options,’ and the ‘P’ stands for ‘positive’ results. It only takes about 45 seconds when you practice it and when you do it well. You need to practice it, though, because this is an emotional kind of feedback. So, practice it and then deliver.”

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

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 102: Week of January 29, 2018), an online series by Epstein Becker Green. youtu.be/65_pZ-Ws45g

    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 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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  5. 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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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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