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

    (1) Federal Judge Rules GrubHub Driver Is Independent Contractor

    Our top story - A first-of-its-kind ruling on the gig economy. A California federal judge has ruled that a former GrubHub delivery driver was an independent contractor, not an employee. The judge found that the company did not have the required control over its drivers for the plaintiff to establish that he is an employee. This decision comes as companies like Uber and Lyft are also facing lawsuits that accuse them of misclassifying employees as independent contractors. Carlos Becerra, from Epstein Becker Green, has more:

    “The federal judge, at the motion for summary judgment hearing, at trial, and in her opinion, made clear that this was the first instance in which a gig economy company was going to have their model tested of their professional services agreements to determine whether or not their workforce was actually an independent contractor versus employee. Employers in the state of California who participate in the gig economy are going to have more clarity as to the fine line they need to walk in ensuring that they have a sufficient labor workforce to meet the needs of their customers during high demand periods. But, as with anything, when you're walking these fine lines, you want to ensure that you have adequate labor counsel to assist you in this regard.”

    For more, click here: http://bit.ly/2C3yyNa

    (2) New Parental Leave Plan Draws From Social Security

    Want paid parental leave? Tap into your Social Security. - Senator Marco Rubio and other congressional Republicans are drafting a bill based on a proposal from the conservative Independent Women’s Forum. Under IWF’s plan, new parents could take 12 weeks of paid leave in exchange for a 6-week delay in retirement age for Social Security benefits. Proponents of the plan note that this would not cost employers or the federal government. Opponents see it as a major cut to Social Security and argue that it would disproportionately harm women.

    For more, click here: http://bit.ly/2C1pqbV

    (3) DOL Warns Contractors of Coming Audits

    Audits are coming for federal contractors - The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued Corporate Scheduling Announcement Letters to 1,000 federal contractors. These letters notify the recipients that they should prepare for audits of their compliance with federal regulations that ensure equal employment opportunity and promote affirmative action. These letters are not formal audit notices, but rather advance notice that the company has been selected by the Federal Contractor Selection System for compliance review. The OFCCP has also announced a return to voluntary annual caps on audits, which were implemented under former President George W. Bush and removed during the Obama administration.

    For more, click here: http://bit.ly/2C4dlCX

    (4) NLRB Issues Request for Information on “Ambush Election” Rules

    The National Labor Relations Board (“NLRB” or “Board”) has extended the deadline for providing feedback on changes made to rules for union representation elections in 2014, including the controversial "ambush election" rules. Late last year, the Board issued a formal Request for Information over the strong objection of two members, both Democrats. They see this as the predicate for an attempt to roll back the rule. Policy discussions like this one come as the cost of enforcing employment regulations takes center stage in Federal budget discussions. The president has proposed significant cuts to the DOL, the NLRB, and the EEOC, and all three agencies may need to make do with less in the near future. Critics have argued that the proposed cuts may be intended to limit the agencies’ ability to carry out their missions.

    (5) Tip of the Week

    Leslie Julich, Vice President of Human Resources for International Cosmetics & Perfumes, Inc., is here with tips for jumpstarting creative employee benefits 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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  2. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    (1) NLRB Considers Changes to Case Processing - http://bit.ly/2F1mAm8

    NLRB General Counsel Peter Robb considers changes to the way the Labor Board processes cases. This comes in addition to proposed changes to the organizational structure that we reported on last week. According to Robb, changes are necessary to adjust to declining budgets, reduced case loads and imbalances in staffing in the Board’s offices. Critics question whether they are driven by other considerations. Robb expects decisions to be made by late summer.

    For more, click here: http://bit.ly/2sic6Ml

    (2) New EEOC Sexual Harassment Guidance - http://bit.ly/2o1gtGk

    When will the EEOC respond to #MeToo? Acting EEOC Chair Victoria Lipnic says “soon.” - The Commission has announced plans to release new sexual harassment guidance. Speaking at an NYU Law symposium called “Avoiding the Next Harvey Weinstein,” Lipnic said that much of the current guidance dates back to the 1990s. In November, the EEOC announced revisions to the draft guidance in response to #MeToo. Lipnic said those have now been sent to the Office of Management and Budget for approval, which she expects to receive in the next month. Kate Rhodes, with Epstein Becker Green, has more in our continuing coverage of #MeToo @ Work:

    “The content of the new sex harassment guidance can likely be informed by a 2016 task force report issued by the EEOC following 18 months of study on the issue of harassment in the workplace more generally. It issued a few best practices that I anticipate seeing in this new guidance, which includes more individualized training on anti-harassment and discrimination procedures in the workplace. It also mentioned increased training for front-line managers and also bystanders, people that witness harassment or receive complaints about harassment, but aren't the subject of the complaint or the complainant themselves.”

    (3) Memos Suggest DOJ Is Taking a New Approach to FCA Litigation - http://bit.ly/2Ga8VbL

    Justice takes another look at False Claims Act litigation - Two internal DOJ memos suggest that the government may be reconsidering its approach to FCA cases. The first memo provides guidance on when DOJ attorneys should consider in affirmatively seeking dismissal of whistleblower claims in cases, rather than simply declining to intervene. The second memo asserts that DOJ attorneys may not use agency guidance as the basis for proving an FCA violation. George Breen, from Epstein Becker Green, has more on what employers should take away from these memos:

    “So I don't think that memos in and of themselves change the risk for board members or executives. I think that risk continues to exist. The reality is, however, that both memos provide tools for those individuals and their counsel. And they ought to actively use those tools when they're faced with litigations and investigations. Unfortunately, the risk remains. Since 2015, there has been an increased focus by the Department of Justice on holding individuals accountable. Those risks are real.”

    For more, click here: http://bit.ly/2Eg17sk

    (4) Tip of the Week - http://bit.ly/2H9sNgs

    Paula Wernecke, Senior Legal Counsel for Adidas Group, is here with some advice on best practices for managing a combined human and AI workforce:

    “It's all about digital. Combining the two workforces, the human workforce and the artificial intelligence workforce, needs to get on the track of, for example, within Adidas, our people strategy and the three C's. The three C's about creativity, collaboration, and confidence. Therefore, creativity needs to be focusing on what do we, from a human workforce perspective, need to change at our mindset and getting the artificial intelligence within our day-to-day business? So, if you are getting to the next step, collaboration, your employee needs to be ready and upskilled, working with these new artificial intelligence systems. Last but not least, getting back to the Adidas people strategy, we have the confidence. You, as the employee, always need to be confident. You are the one who has the idea. The idea is not laying with the... artificial intelligence, not now. But right now, you are the one who gives power to this new digital strategy.”

    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. Paula Wernecke, Senior Legal Counsel for Adidas Group, is here with some advice on best practices for managing a combined human and AI workforce.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 104: Week of February 12, 2018), an online series by Epstein Becker Green. youtu.be/Ph9-QaUe7Zw

    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.

    # vimeo.com/255469188 Uploaded 22 Plays 0 Comments
  4. When will the EEOC respond to #MeToo? Acting EEOC Chair Victoria Lipnic says “soon.” - The Commission has announced plans to release new sexual harassment guidance. Speaking at an NYU Law symposium called “Avoiding the Next Harvey Weinstein,” Lipnic said that much of the current guidance dates back to the 1990s. In November, the EEOC announced revisions to the draft guidance in response to #MeToo. Lipnic said those have now been sent to the Office of Management and Budget for approval, which she expects to receive in the next month. Kate Rhodes, with Epstein Becker Green, has more in our continuing coverage of #MeToo @ Work.

    This is an extended interview from Employment Law This Week® (Episode 104: Week of February 12, 2018), an online series by Epstein Becker Green. youtu.be/Ph9-QaUe7Zw

    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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  5. Two internal DOJ memos suggest that the government may be reconsidering its approach to FCA cases. The first memo addresses DOJ’s authority to seek to dismiss a whistleblower case, rather than simply decline to intervene in it, and identifies issues Department lawyers should consider in that regard. The second memo reflects that DOJ attorneys may not use non-compliance with agency guidance as presumptively establishing an FCA violation. George Breen, from Epstein Becker Green, has more on what employers should take away from these memos.

    This is an extended interview from Employment Law This Week® (Episode 104: Week of February 12, 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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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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