1. Ann Burns, Chief Human Resources Officer for Higher Logic, shares some tips for providing productive management training.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 120: Week of June 11, 2018), an online series by Epstein Becker Green. youtu.be/mE7-q5vzWdc

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

    1. SCOTUS Rules for Christian Colorado Baker

    Our top story: On narrow grounds, the Supreme Court of the United States has found in favor of a baker in Colorado who refused an order for a custom wedding cake from a gay couple because of his religious beliefs. The Colorado Civil Rights Commission found that the baker had engaged in unlawful discrimination after he refused to serve a same-sex couple. The high court found that comments by one member of the Colorado Commission showed religious animus that violated the First Amendment’s free exercise clause. The Supreme Court declined to address the delicate balance between a business’s First Amendment rights and statutory protections under anti-discrimination laws, but the issue is likely to be back in court in the near future. Janene Marasciullo, from Epstein Becker Green, has more.

    2. California Court Addresses Waiting-Time Penalties

    The California Court of Appeal says waiting-time penalties apply regardless of whether there was malicious intent. Labor Code Section 203 states that an employer that “willfully fails to pay” any wages after an employee is terminated or quits is responsible for continuous wages until payment is made. In this case, the employer argued that its failure to pay was not willful because it was not aware of a minimum wage hike. But the court determined that ignorance of the law was no excuse and that “willful failure to pay” requires only that an employer act knowingly.

    3. Epic Decision Changes Course of Many Cases

    The Supreme Court’s Epic decision sends a slew of class action cases into individual arbitrations. In light of its landmark ruling that okayed class waivers in arbitration agreements, the high court has remanded a pending United Healthcare class action case back to the U.S. Court of Appeals for the Seventh Circuit. A Michigan federal court just ruled that workers suing Fiat Chrysler for discrimination will have to take their claims to individual arbitration, and a California federal judge did the same for a class of delivery drivers suing a Domino’s franchisee. Many other cases are being voluntarily removed to arbitration. The Epic ruling applies to an estimated 25 million U.S. employees who are subject to arbitration agreements containing class action waivers.

    4. Connecticut and Vermont Adopt Salary History Bans

    Two more states say “no” to salary history inquiries by employers. Connecticut and Vermont are the most recent states to prohibit employers from asking applicants about their salary history. Nine states across the country now have salary history bans, including California, Delaware, and New Jersey. The Connecticut law allows applicants to file lawsuits against an employer that inquires about their past compensation. Vermont's law bans salary history questions but allows employers to ask about an applicant's salary expectations or requirements.

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

    5. Tip of the Week

    Ann Burns, Chief Human Resources Officer for Higher Logic, shares some tips for providing productive management training:

    “What manager training can do for all managers is really provide an opportunity for skill building, for an opportunity to look at company policies and procedures, make sure that your managers are aware of what their responsibility is to the company, as well as what their personal liability is in situations, that they act appropriately. Another opportunity is identifying the target management group that you want to do the training for. Some companies will decide that you want to do different levels of training for different groups of people. This year, my company decided to do all managers at the same time, just so we had the opportunity to baseline all managers. We acquired four companies this year in three different states, so we decided providing the opportunity for all managers to come to our headquarters for a two-day workshop was an effective way to kick off the program and meet our goals.”

    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. This week, Andrea Carrijo, Senior Human Resources Leader for Bally, discusses some steps that human resources can take to ensure that restructuring leads to positive organizational change.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 119: Week of June 4, 2018), an online series by Epstein Becker Green. youtu.be/MvZ17YMGSGQ

    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. SCOTUS Approves Class Action Waivers

    Our top story: The Supreme Court of the United States (SCOTUS) okays class action waivers in employment contracts. SCOTUS held that requiring employees to waive their right to participate in class actions does not violate the National Labor Relations Act (NLRA). SCOTUS ruled that the Federal Arbitration Act is controlling, not the NLRA. For that reason, courts are required to enforce arbitration agreements, including the specific terms—such as class action waivers—contained in them. We spoke to Epstein Becker Green’s Steve Swirsky about the ruling:

    “This decision means clarity for employers who've been facing the uncertainty of whether arbitration agreements and class claim waivers would be enforceable. It means that employers who have operations across the country can have a uniform set of documents and policies in place. Until now, the Seventh Circuit and the Ninth Circuit had both agreed with the NLRB and had found that these agreements were unlawful, that they interfere with employees’ section 7 rights. That question has been resolved. It means simplicity, and, again, it means clarity.”

    That clarity could lead many employers to require arbitration agreements that include class action waivers because, as Paul DeCamp of Epstein Becker Green explains, collective actions can be costly for any employer, particularly when it comes to wage and hour issues:

    “We see wage and hour class and collective actions filed on virtually a daily basis against any type of employer that exists, very small to very large. And these cases can come about through any number of issues, including employee classification as employees versus independent contractors, exempt versus non-exempt, what counts as hours worked. Any kind of calculation of pay can give rise to a class or collective action. There are enormous operational costs and financial costs to companies over and above anything that they actually pay out in the litigation.”

    For more, click here: https://bit.ly/2J3090T

    2. Maryland Enacts #MeToo Legislation

    Maryland says, “MeToo.” This month, Maryland passed the Disclosing Sexual Harassment in the Workplace Act of 2018, which goes into effect on October 1. The law would require employers with 50 or more employees to provide the Maryland Commission on Civil Rights with information on settlements of sexual harassment claims, beginning in 2020. The law also prohibits employers from mandating the arbitration of sexual harassment or retaliation claims. While Maryland and several other states have enacted laws that prohibit mandatory arbitration of harassment claims, these laws will face an uphill preemption battle under the Federal Arbitration Act and SCOTUS’s Epic decision, as we reported in our first story. Stay tuned.

    3. California Strengthens National Origin Discrimination Protections

    California expands Fair Employment and Housing Act (FEHA) protections against national origin discrimination. The state’s Office of Administrative Law has approved new amendments to the FEHA that expand the definition of “national origin” to include a person whose spouse is in a national origin group, a person’s name that is associated with a national origin group, and more. The regulations also expand discriminatory behavior to include language restriction policies and, in some cases, discrimination based on an employee’s accent.

    4. Tip of the Week

    This week, Andrea Carrijo, Senior Human Resources Leader for Bally, discusses some steps that human resources can take to ensure that restructuring leads to positive organizational change.

    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. In this video perspective from Employment Law This Week®, attorney Paul DeCamp of Epstein Becker Green looks at how the Supreme Court’s May 21, 2018, decision to uphold class action waivers in arbitration agreements will impact wage and hour litigation and reduce exposure for employers.

    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®

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 – will deliver the most significant stories and developments in employment, labor, and workforce management…


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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 – will deliver the most significant stories and developments in employment, labor, and workforce management issues in about five minutes, each week.

Tune in each week for developments that may affect your business. Learn more at ebglaw.com/employment-law-this-week/

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