1. The Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB” or “Board”), and the U.S. Department of Labor (“DOL”) have published their spring 2018 regulatory agendas, giving some indication as to the priorities of each agency. The NLRB wants to take on the continuing question of how to determine joint-employer status, noting that the agency may engage in rulemaking to set a new standard. The EEOC identified seven different priorities, including employee incentives for workplace wellness programs. And the DOL’s agenda included proposed rulemaking on the salary threshold for white-collar overtime exemptions and a final rule to rescind the "persuader rule." David Garland, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 118: Week of May 21, 2018), an online series by Epstein Becker Green. youtu.be/9o4KYKRAl5w

    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. In this breaking news story from Employment Law This Week, attorney Steve Swirsky of Epstein Becker Green discusses the Supreme Court’s May 21 decision allowing employers to require class action waivers.

    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. Tracy Van Duston, Senior Recruiter and Account Manager for NRI Staffing, offers advice on hiring for behavior style and cultural fit.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 118: Week of May 21, 2018), an online series by Epstein Becker Green. youtu.be/9o4KYKRAl5w

    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. Spring 2018 Regulatory Agendas Released

    The Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB” or “Board”), and the U.S. Department of Labor (“DOL”) have published their spring 2018 regulatory agendas, giving some indication as to the priorities of each agency. The NLRB wants to take on the continuing question of how to determine joint-employer status, noting that the agency may engage in rulemaking to set a new standard. The EEOC identified seven different priorities, including employee incentives for workplace wellness programs. And the DOL’s agenda included proposed rulemaking on the salary threshold for white-collar overtime exemptions and a final rule to rescind the "persuader rule." David Garland, from Epstein Becker Green, has more:

    “I'd say there are two surprising items in this agenda. The first comes from the Department of Labor, with regard to the proposed overtime rules, the new proposed rules. Those have been a subject of some attention for some time, going back now to the Obama administration; they were the subject of litigation. We expected the Trump administration to be acting sooner than it has in that area. And now ... this agenda tells us not to expect any additional proposed rulemaking until January of 2019. The second surprising area comes from the National Labor Relations Board. Again, particularly with regard to the joint-employer standard. The Board, over the last few years and the past two administrations, has addressed that standard in decision-making, whether it’s the Browning-Ferris decision or, subsequently, the Hy-Brand decision. Now, the Board is telling us, rather than engaging in the process of that fashion, it's going to consider establishing the joint-employer standard through rulemaking. So that's a bit surprising.”

    2. EEOC Releases “Promising Practices for Preventing Harassment”

    There is more news from the EEOC this week, in response to #MeToo. The agency has published an article on preventing workplace harassment in its quarterly publication, Digest of Equal Opportunity Law. The article identifies best practices, including training supervisors and implementing a harassment complaint system, and contains specific content recommendations for harassment policies. The recommendations come out of a 2016 taskforce report addressing workplace harassment.

    For more, click here: https://bit.ly/2Gu7kNs

    3. Inadmissible Evidence May Be Considered at Class Certification Stage

    The U.S. Court of Appeals for the Ninth Circuit ruled that evidence need not be admissible to support class certification. The Ninth Circuit panel reversed a federal district court decision refusing to certify a class action in a wage-hour matter on the grounds that the relevant evidence was not admissible. The Ninth Circuit held that courts cannot decline to consider evidence solely because it is inadmissible at trial.

    4. Philadelphia Federal Judge Partially Nixes Salary History Ban

    A salary history ban in Philadelphia? A federal judge says, “Not so fast.” The federal district court has issued a preliminary injunction halting certain provisions of the law, which prohibit employer questions about a candidate’s past wages. The judge found that the ban on such inquiries probably violates the First Amendment. The ruling did not impact another key provision of the law that prevents employers from using salary history to determine compensation.

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

    5. Tip of the Week

    Tracy Van Duston, Senior Recruiter and Account Manager for NRI Staffing, offers advice on hiring for behavior style and cultural fit:

    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. Recent rulings have created some further guidance that can help employers seeking to protect their interests and also help them know when to litigate. Plus, the pros and cons of garden leave provisions, with Peter Steinmeyer.

    This is an extended interview from Employment Law This Week® (Episode 117: Week of May 14, 2018), an online series by Epstein Becker Green. youtu.be/85-b3AHvWqI

    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® 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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