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

    1. DOJ Cracks Down on Non-Solicitation Agreements

    Our top story: The Department of Justice (DOJ) makes good on its promise to crack down on non-solicitation agreements. The DOJ’s Antitrust Division has entered into a settlement with two of the world’s largest railroad equipment manufacturers, part of the broader antitrust investigations announced by the agency in October 2016. According to the DOJ, the two companies had entered into a no-poaching agreement that “restrained competition for employees.” The civil complaint is the first case brought by the DOJ since its 2016 antitrust guidance statement. In a press release, the DOJ noted that this particular case was a civil one because the agreement ended before the 2016 guidance, but the agency said that it would criminally prosecute any violations that post-dated the guidance. Eddie Loya, a former federal prosecutor and Member of the Firm at Epstein Becker Green, has more:

    “Although there was a written agreement in this case, the DOJ made it clear in announcing the settlement that they would prosecute cases where there was an oral agreement or where there was a handshake and a nod. And the DOJ is going to look at the company's relationships with one another, how business is done over time, and the entire circumstances to see whether or not companies, in fact, had an agreement not to compete with one another for employees. And so, companies need to be extra vigilant here and not be complacent and be under the misimpression that these types of cases are only set aside for the most egregious offenders.”

    For more, click here: https://bit.ly/2JdPBvL

    2. Labor Department Releases First Opinion Letters

    Opinion letters make a comeback. The U.S. Department of Labor’s Wage and Hour Division has released three opinion letters. The first explains when hourly employees with irregular work hours must be paid for time spent traveling between worksites. The second states that an employee’s 15-minute breaks required under the Family and Medical Leave Act are not compensable because they primarily benefit the employee. And the third explains that certain lump-sum payments qualify as earnings under the Consumer Credit Protection Act if made in exchange for personal services. Notably, these are the first opinion letters issued by the Division in nearly a decade. Last year, the Department of Labor announced a resumption of the practice, which was discontinued under President Obama.

    For more, click here: https://bit.ly/2HEOd8i

    3. Senate Confirms John Ring to NLRB

    John Ring joins the National Labor Relations Board (NLRB). The Senate has narrowly confirmed Ring to a seat on the NLRB. This returns the NLRB to a full five members and restores the 3-2 Republican majority. The management-side employment lawyer fills the seat left by former Chairman Philip Miscimarra. President Trump has now tapped Ring to serve as the NLRB’s Chairman. Member Marvin Kaplan, who had been serving as Acting Chairman, continues to serve on the NLRB.

    For more, click here: https://bit.ly/2qOUW4T

    4. New State Law Developments Affecting Employers

    There are two new state law developments to highlight this week on opposite coasts. New Jersey has passed the Paid Sick Leave Act, which requires all private employers to provide up to 40 hours of paid sick leave a year, regardless of the company's size. This law will preempt the patchwork of local sick leave laws within the state. And Washington State has passed #MeToo legislation prohibiting nondisclosure agreements related to discussing sexual harassment or assault allegations in the workplace. That law will go into effect on June 7.

    For more, click here: https://bit.ly/2HgmUBT

    5. Tip of the Week

    John Tomaszewski, Jr., from BDO USA, LLP, offers advice on updating compensation structures and benefits policies in 2018.

    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.

    # vimeo.com/266192124 Uploaded 6 Plays 0 Comments
  2. New York says #MeToo. As part of its budget package, the New York State legislature passed new regulations concerning sexual harassment in the workplace. The bill prohibits employers from requiring pre-dispute arbitration agreements for sexual harassment cases and from subjecting sexual harassment settlements to non-disclosure agreements. Employers will be required to have a written sexual harassment policy and annual training for all employees. The legislation also expands protections to independent contractors, among other provisions. Jennifer Gefsky, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 112: Week of April 16, 2018), an online series by Epstein Becker Green. youtu.be/DDdX8T5nDTs

    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.

    # vimeo.com/264686673 Uploaded 4 Plays 0 Comments
  3. Dr. Leo Flanagan, Co-Managing Partner for The Center for Resilience, returns with more on the upside of building a resilient workforce.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 113: Week of April 16. 2018), an online series by Epstein Becker Green. youtu.be/DDdX8T5nDTs

    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/264684164 Uploaded 3 Plays 0 Comments
  4. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    1. New York Passes New Sexual Harassment Legislation

    Our top story: New York says #MeToo. As part of its budget package, the New York State legislature passed new regulations concerning sexual harassment in the workplace. The bill prohibits employers from requiring pre-dispute arbitration agreements for sexual harassment cases and from subjecting sexual harassment settlements to non-disclosure agreements. Employers will be required to have a written sexual harassment policy and annual training for all employees. The legislation also expands protections to independent contractors, among other provisions. Jennifer Gefsky, from Epstein Becker Green, has more:

    “The idea that employers can no longer arbitrate or require the mandatory arbitration of sexual harassment claims is going to be a big change in the future. Many employers in New York State have just regular arbitration provisions in employee contracts, and that is going to have to be amended going forward. And second, [regarding] sexual harassment settlements ... it's going to be more difficult to keep those confidential. I think it's going to provide a great incentive for employers to do everything that they can to prevent sexual harassment in the workplace, which is really the goal of the legislation. New York legislation is very much on par with what other states are doing in reaction to the #MeToo movement, but still is at the forefront of new legislation that's being passed. So I see other states in the future definitely looking to the New York law as a guideline for what they should do in their own states.”

    2. DC Circuit to Hear Browning-Ferris Appeal Again

    The standard for determining joint-employer status under the National Labor Relations Act remains in flux: The National Labor Relations Board’s decision to vacate their Hy-Brand ruling has now put the Browning-Ferris Industries case back in the DC Circuit. The controversial 2014 Browning-Ferris decision broadened the definition of joint employer. Just last month, the DC Circuit remanded the case back to the NLRB because Hy-Brand overruled the Browning-Ferris standard. When Hy-Brand was vacated, the Court agreed to take the case back, stating that it was "appropriate only because this case presents 'extraordinary circumstances.’” Stay tuned!

    3. First DTSA Whistleblower Immunity Granted

    The Eastern District of Pennsylvania appears to be the first court to grant immunity under the whistleblower provision of the Defend Trade Secrets Act (“DTSA”). The court has dismissed a trade secrets misappropriation charge based on the DTSA’s whistleblower protections. The plaintiff brought a discrimination suit against her former employer. The employer filed the misappropriation counterclaim after its lawyers received the company’s own confidential information from the plaintiff’s attorney in discovery. The court dismissed that claim based on the DTSA whistleblower immunity provision finding that providing otherwise confidential information to an attorney in a litigation was a protected act under the law.

    4. Ninth Circuit: Salary History Does Not Justify Wage Gaps

    Salary history is not a valid justification for unequal pay under the federal Equal Pay Act, the Ninth Circuit says: In Rizo v. Yovino, the court has held that wage history is not a “factor other than sex” under the Equal Pay Act and cannot be used “alone or in combination with other factors [to] justify a wage differential.” This decision overturns the Ninth Circuit’s own 1982 ruling and creates a split with the Seventh Circuit. The Supreme Court may weigh in on the issue next.

    5. Tip of the Week

    Dr. Leo Flanagan, Co-Managing Partner for The Center for Resilience, returns with more on the upside of building a resilient workforce:

    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.

    # vimeo.com/264681394 Uploaded 12 Plays 0 Comments
  5. The Supreme Court of the United States rejects a narrow construction for Fair Labor Standards Act (“FLSA”) overtime exemptions. The U.S. Court of Appeals for the Ninth Circuit held that certain auto service advisors were not exempt because their position is not specifically listed in the FLSA auto dealership exemption. For this ruling, the Ninth Circuit relied on the principle that such exemptions should be interpreted narrowly. In a 5-4 decision last week, the Supreme Court found no “textual indication” in the FLSA for a narrow construction. Applying a “fair interpretation” standard instead, the Supreme Court ruled that the exemption applies to service advisors because of the nature of their work. Paul DeCamp, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 112: Week of April 9, 2018), an online series by Epstein Becker Green. youtu.be/cRG-6jEcoMs

    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.

    # vimeo.com/263579272 Uploaded 2 Plays 0 Comments

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 – tracks the latest developments that could impact you and your workforce. The series features three…


+ More

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 – tracks the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns. Learn more at ebglaw.com/employment-law-this-week/

Browse This Channel

Shout Box

Heads up: the shoutbox will be retiring soon. It’s tired of working, and can’t wait to relax. You can still send a message to the channel owner, though!

Channels are a simple, beautiful way to showcase and watch videos. Browse more Channels.