1. Sexual misconduct in the C-suite leads to shareholder lawsuits. Last month on this program, you heard that sexual misconduct allegations would start impacting shareholder value and reputation. Now we’ve got a case study in Wynn Resorts. After The Wall Street Journal uncovered multiple sexual misconduct allegations against Casino mogul Steve Wynn, the company’s stock fell nearly 20 percent. Wynn resigned a week later, but the company’s troubles were far from over. The first shareholder lawsuit was filed the day Wynn resigned, and to date three suits by shareholders claim that Wynn and the Board breached their fiduciary duties to the company and its shareholders. Bill Milani, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 106: Week of February 26, 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) Sexual Harassment Allegations Lead to Shareholder Lawsuits - http://bit.ly/2BP130u

    Our top story: Sexual misconduct in the C-suite leads to shareholder lawsuits. Last month on this program, you heard that sexual misconduct allegations would start impacting shareholder value and reputation. Now we’ve got a case study in Wynn Resorts. After The Wall Street Journal uncovered multiple sexual misconduct allegations against Casino mogul Steve Wynn, the company’s stock fell nearly 20 percent. Wynn resigned a week later, but the company’s troubles were far from over. The first shareholder lawsuit was filed the day that Wynn resigned, and, to date, three suits by shareholders claim that Wynn and the Board breached their fiduciary duties to the company and its shareholders. Bill Milani, from Epstein Becker Green, has more:

    “The lessons here are clear. Harm to a company’s reputation and finances, when misconduct is alleged by employees at any level, can be damaging. When those allegations are made regarding senior leaders, regarding the face of the company as with Steve Wynn, as with Harvey Weinstein, the allegations can bring down the company itself. It is crucial that senior leaders, and even board members, be trained as to how to react when they become aware of allegations of sexual harassment or other misconduct by other senior leaders. Legal departments, HR departments, must have in place protocols as to how to respond when such claims are made. It can be difficult where a general counsel, a head of HR, is asked to investigate the face of the company or someone to whom he or she might report. It’s important in those instances that they are prepared to retain an appropriate third party, an outside law firm, to conduct an investigation, to react quickly.”

    For more, read our recent HR Dive article, “Sex Harassment Meets Shareholder Lawsuits”: http://bit.ly/2ojmIpW

    (2) NLRB Invites Comments on Employee Misclassification - http://bit.ly/2FqcCL8

    The National Labor Relations Board (NLRB) is seeking amicus briefs on whether the misclassification of an employee as an independent contractor should be found to violate the National Labor Relations Act (NLRA). Former NLRB General Counsel Richard Griffin argued that misclassification violates the NLRA because it impacts the rights that employees have under the NLRA, including the right to engage in concerted activities with co-workers, join a union, and engage in bargaining. To date, the NLRB has not ruled on the question. Amicus briefs must be filed by April 16.

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

    (3) EEOC Publishes New Strategic Plan - http://bit.ly/2FqVjtf

    The U.S. Equal Employment Opportunity Commission (EEOC) has approved its Strategic Plan for fiscal years 2018 through 2022. The plan indicates that the agency will continue its focus on investigating and litigating claims of systemic discrimination while exercising its prosecutorial discretion “responsibly.” The plan also calls for increasing education and outreach and improving the EEOC’s internal operations. The document outlines 12 performance measures by which progress will be judged. The plan appears relatively routine, and reaction has been muted compared to the Obama EEOC’s Strategic Plans.

    (4) Tip of the Week - http://bit.ly/2EQpfy0

    Kate Bally, from Thomson Reuters, has some advice on avoiding family responsibilities discrimination, or “FRD.”

    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. Leslie Julich, Vice President of Human Resources for International Cosmetics & Perfumes, Inc., is here with tips for jump-starting creative employee benefits programs.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 105: Week of February 19, 2018), an online series by Epstein Becker Green. youtu.be/SJPaEMYp8YQ

    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.

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  4. 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.

    This is an extended interview from Employment Law This Week® (Episode 105: Week of February 19, 2018), an online series by Epstein Becker Green. youtu.be/SJPaEMYp8YQ

    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. 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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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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