1. 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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  2. 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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  3. 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.

    # vimeo.com/271361482 Uploaded 1 Play 0 Comments
  4. 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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  5. 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.

    # vimeo.com/271162595 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 – 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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