1. Washington State “bans the box.” With the governor's signature, Washington becomes the 11th state to extend background check reform to private employers. The state’s Fair Chance Act (“FCA”) prohibits employers from obtaining criminal background check information until after the applicant has met basic qualifications for a job. The FCA also prevents employers from automatically excluding applicants with a criminal record. Thirty-one states and more than 150 cities and counties nationwide have now adopted similar “ban the box” legislation for either public or private employers. Katrina Walasik, from Epstein Becker Green, has more.

    For more, click here: ebglaw.com/eltw110-fs

    This is an extended interview from Employment Law This Week® (Episode 110: Week of March 26, 2018), an online series by Epstein Becker Green. youtu.be/KyJOj6q9xbY

    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) Washington State Adopts “Ban the Box” Legislation

    Our top story: Washington State “bans the box.” With the governor's signature, Washington becomes the 11th state to extend background check reform to private employers. The state’s Fair Chance Act (“FCA”) prohibits employers from obtaining criminal background check information until after the applicant has met basic qualifications for a job. The FCA also prevents employers from automatically excluding applicants with a criminal record. Thirty-one states and more than 150 cities and counties nationwide have now adopted similar “ban the box” legislation for either public or private employers. Katrina Walasik, from Epstein Becker Green, has more:

    For more, click here: ebglaw.com/eltw110-fs

    (2) Circuit Court Vacates Decision Based on New NYCHRL Standard

    There is a new lower standard for punitive damages under the New York City Human Rights Law (“NYCHRL”). The U.S. Court of Appeals for the Second Circuit held that the legal standard for awarding punitive damages under the NYCHRL is more liberal than the federal standard under Title VII of the Civil Rights Act of 1964. The Second Circuit applied a ruling from New York State’s highest court on a certified question. The district court in this case had instructed the jury to apply the federal standard. The Second Circuit remanded the case for a determination based on the new standard under the New York City law.

    (3) NLRB Extends Deadline for Comments on Union Election Rule

    The National Labor Relations Board (“Board”) has once again extended the deadline for comments on the so-called “ambush election rule,” adopted in 2014. Employers now have until April 28 to submit feedback. The Board is seeking data and comments and may consider whether the amended rule should be modified, rescinded, or left as is. The Board first announced that it would solicit public comments in December, when Republicans made up the Board majority. Earlier this month, a Senate committee approved President Trump’s nomination of management lawyer John Ring to the Board. His confirmation by the full Senate would return the Board to a 3-2 Republican majority.

    (4) Harassment Allegations Bring Down The Weinstein Company

    In February, New York Attorney General Eric Schneiderman filed a civil rights lawsuit against Harvey Weinstein and his company. This came amidst similar lawsuits that accused the company of aiding and abetting Weinstein’s behavior. The lawsuits and related accusations caused a group of investors who were interested in buying the company to pull out. On March 19, the company filed for bankruptcy protection and released anyone “who suffered or witnessed any form of sexual misconduct by Harvey Weinstein” from nondisclosure agreements.

    For more, read our recent HR Dive article, “How Harassment Allegations Can Bring Down an Entire Company”: ebglaw.com/eltw110-hr

    (5) Tip of the Week

    Diane DiResta, President of DiResta Communications, Inc., shares some tips for "getting to the point" in communications:

    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. Russ Ebersole, General Manager for King Cole Audio Visual Service, shares some advice for small employers on keeping up and complying with employment laws in the current environment.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 109: Week of March 19, 2018), an online series by Epstein Becker Green. youtu.be/f779WDN3OWg

    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. New York City introduces #MeToo legislation. The City Council has introduced a package of bills modifying sexual harassment laws. One bill would require private employers with at least 15 employees to implement annual sexual harassment training. The laws could add significant and costly requirements, particularly for smaller businesses. Ian Carleton Schaefer, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 109: Week of March 19, 2018), an online series by Epstein Becker Green. youtu.be/f779WDN3OWg

    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) NYC Introduces Expanded Sexual Harassment Legislation

    Our top story: New York City introduces #MeToo legislation. The City Council has introduced a package of bills modifying sexual harassment laws. One bill would require private employers with at least 15 employees to implement annual sexual harassment training. The laws could add significant and costly requirements, particularly for smaller businesses. Ian Carleton Schaefer, from Epstein Becker Green, has more.

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

    (2) Sixth Circuit: Title VII Covers Gender Identity

    The U.S. Court of Appeals for the Sixth Circuit rules that Title VII of the Civil Rights Act of 1964 (“Title VII”) covers gender identity. The Equal Employment Opportunity Commission (“EEOC”) sued a Michigan funeral home for firing its director after learning that she planned to transition from male to female. The employer claimed protection under the Religious Freedom Restoration Act. The federal district court agreed, but a panel for the Sixth Circuit found that firing the plaintiff due to her transgender status was unlawful discrimination on the basis of her sex. The court also held that enforcing Title VII did not "substantially" burden the employer’s religious exercise. This is the second federal appellate court in recent weeks to have sided with the EEOC’s interpretation of “sex” under Title VII.

    For more, click here: http://bit.ly/2pl1IyT

    (3) Nurse Can Pursue False Claims Act Suit

    The Sixth Circuit ruled that a nurse who claims that she quit her job rather than participate in fraud can proceed with her False Claims Act lawsuit alleging constructive discharge. The district court dismissed her suit, holding that such a claim requires the employer to have a “specific intention” to cause the employee to quit. The Sixth Circuit reversed and concluded that an employer’s intent can support a constructive discharge claim if it can reasonably foresee that the plaintiff might be forced to resign as a consequence of its actions.

    (4) DOJ Sues Wisconsin County for Flu Shot Policy

    A nursing assistant got sick over a county flu shot policy. An employee at a Wisconsin county nursing home claims that she was forced to get a flu shot despite her religious objections. The county policy required a written statement from a clergy member in order to get a religious exemption. The employee was not affiliated with a church and provided a letter she'd written herself. She was forced to get the shot to avoid termination. After she filed an EEOC complaint, the agency referred the case to the Justice Department, which has now filed a Title VII suit claiming that the county’s policy fails to reasonably accommodate religious beliefs.

    (5) Tip of the Week

    Russ Ebersole, General Manager for King Cole Audio Visual Service, shares some advice for small employers on keeping up and complying with employment laws in the current environment:

    “In 2017, countless new employment laws were enacted in New York State, California, Illinois, and many other jurisdictions. These include wage and hour, family leave and sick time policies, scheduling requirements, tax levies, and more. Small businesses are not exempt, and keeping abreast of these changes can be a daunting task. We must become familiar with these laws of regulations, and we must also develop policies and procedures for proper implementation. Failure to comply can be costly. So, how do we stay on top of it all? Review the advisories and other resources sent by outside counsel, like Epstein Becker & Green. Seek additional resources, such as state and local government websites. Sign up for their mailing list so you receive timely updates directly from the source. For example, Governor Cuomo's office releases many of these advisories in New York.”

    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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