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

    1. New Jersey Passes Diane B. Allen Equal Pay Act

    Our top story - New Jersey passes sweeping equal pay legislation. Governor Murphy has signed what some claim are the strongest equal pay restrictions in the country. The new legislation amends the state’s Law Against Discrimination to prohibit employers from paying members of a protected class less than other employees for substantially similar work. The legislation allows employees in those protected classes to recoup up to six years of back pay and prohibits employers from taking action against employees who discuss wages. Denise Dadika, from Epstein Becker Green, has more:

    “It is broader than the federal Equal Pay Act and many state laws including New York, which limit the protections to sex. New Jersey law requires that employers provide equal compensation and benefits for substantially similar work. This is another departure from the federal law, which requires equal pay for equal work. Employers should work with legal counsel to conduct privileged pay equity studies to identify any wage differentials and to determine whether they can justify those wage differentials under New Jersey's law. In the event that they find unresolved pay differences, once the Act is in effect they can not correct those by lowering the wage of the higher earner.”

    2. Eleventh Circuit: Plaintiffs Can “Opt In” to FLSA Suits

    The Eleventh Circuit says individuals can choose to become plaintiffs when an FLSA collective action is not certified - The three-judge panel rejected a district court's ruling that three dancers did not qualify as parties because the original lead plaintiff lost her bid for conditional class certification. Because the three dancers filed written consents to join the suit, and because the lower court did not determine they were not similarly situated to the original plaintiff, the court found that their claims should not have been dismissed with prejudice.

    3. NLRB GC Robb Suggests Change to Election Rule

    NLRB General Counsel Peter Robb weighs in on the Board’s 2014 "ambush election" rule - Robb was appointed by President Trump and confirmed last year. He recently suggested increasing the minimum required time between the filing of a petition and a vote on union representation from eight to at least twelve days. Robb also commented that the Board’s regional directors should have the ability to extend hearing dates by an additional three days. The board’s Request for Information on those rules closed on April 18th. Close to 7,000 comments were received.

    For more, click here: https://bit.ly/2r4WcBT

    4. IRS Issues Guidance on New Tax Credit

    The Internal Revenue Service has issued FAQ guidance on the new employer tax credit for paid family and medical leave. The Tax Cuts and Jobs Act of 2017 added the credit for businesses who voluntarily offer paid family and medical leave for employees. To receive the credit, employers must provide at least two weeks a year of paid family and medical leave to all qualifying full-time employees. The guidance defines qualifying employees, explains how the credit is calculated, and clarifies how the credit impacts deductions for wages paid to an employee on leave.

    5. Tip of the Week

    Lenora Billings-Harris, Diversity Strategist for Ubuntu Global, is back with advice on enhancing intentional inclusion in the workplace.

    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. 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.

    This is an extended interview from Employment Law This Week® (Episode 114: Week of April 23, 2018), an online series by Epstein Becker Green. youtu.be/EjZvw-L4vQk

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

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 114: Week of April 23, 2018), an online series by Epstein Becker Green. youtu.be/EjZvw-L4vQk

    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. 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.

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  5. 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.

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Employment Law This Week®

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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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