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

    Artificial Intelligence in the Workplace

    “AI,” or artificial Intelligence, has been a buzzword for as long as any of us can remember. But now AI is entering the workplace at a rapid pace. As the technology gets more sophisticated and useful, employers are facing new challenges. Michelle Capezza, from Epstein Becker Green, has more:

    “With the changes in automation and artificial intelligence being introduced into the workplace, employers really need to strategically plan for the future and determine what the future composition of their workforce will be. If they're looking to fully automate departments, for example, or particular jobs, they may need to consider a serious workplace transition policy, as they need to move certain employees into different roles or actually transition individuals out of the company. They might need to consider severance programs, voluntary retirement programs, job sharing, virtual telecommuting, and flexible work arrangements, and even consider how they might reskill and retool their existing employees to prepare them for the new roles they may have to undertake, working alongside a machine in a co-bot type of a relationship.”

    Another area of concern is the impact of the future workforce on labor union relations. Adam Forman, from Epstein Becker Green, has more:

    “For those who have a union relationship already, employers need to keep in mind that the introduction of new AI technologies are a mandatory subject of bargaining, and, absent language in their contract reserving the right to unilaterally implement, they need to bargain over the implementation with the union. For those employers who do not have a union, they need to be mindful that fear and anxiety of employees may lead them to go to a union and try to organize with the belief that it could save their otherwise soon-to-be-outsourced job.”

    The human workforce can also feel threatened by changes in benefits and compensation. Employers should consider taking proactive steps in this area to ensure a positive work environment, as Michelle Capezza let us know:

    “One of the top concerns for employers definitely will need to be to determine what will be the right balance of benefits and compensation for the future workforce. We are going to see a need for a highly skilled worker, someone who adds value as a human when there are certain jobs being performed by machines for some of the more routine tasks.”

    Adam Forman has more:

    “As with most HR best practices, there's no one-size-fits-all strategy for employers who are looking to implement AI in the workplace. There are, however, several universal factors that most employers should consider. The first is the team that's going to be implementing it. It's important to have a multidisciplinary team made up of HR, legal, and the business and operational units. Next, it's important to do your due diligence. Analyze the vendor contracts and the algorithms to ensure that they're compliant with labor employment law. And after you've implemented, it's important that you aggressively monitor the technologies to assure that they are not having an unintended consequence or perhaps exposing your organization to liability or things such as disparate impact or some other type of unlawful discrimination.”

    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. General Counsel Peter Robb has issued a memo to National Labor Relations Board (“NLRB” or “Board”) regional directors that offers guidance in applying the Board’s Boeing decision when considering the legality of rules. Certain policies, including those on civility, will be considered presumptively lawful and enforceable. Others, such as rules banning discussions of compensation, will be treated as unlawful. Robb instructs the regional offices to refer cases when there is uncertainty to the Board’s Division of Advice for direction. Genevieve Murphy-Bradacs, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 121: Week of June 18, 2018), an online series by Epstein Becker Green. youtu.be/8D-v5k72Q6c

    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. This week, James Gelfand, Senior VP of Health Policy for The ERISA Industry Committee (“ERIC”), shares some advice on top considerations and improvements for the health savings account (“HSA”) benefit.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 121: Week of June 18, 2018), an online series by Epstein Becker Green. youtu.be/8D-v5k72Q6c

    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. NLRB GC Issues Memo on Workplace Policies

    General Counsel Peter Robb has issued a memo to National Labor Relations Board (“NLRB” or “Board”) regional directors that offers guidance in applying the Board’s Boeing decision when considering the legality of rules. Certain policies, including those on civility, will be considered presumptively lawful and enforceable. Others, such as rules banning discussions of compensation, will be treated as unlawful. Robb instructs the regional offices to refer cases when there is uncertainty to the Board’s Division of Advice for direction. Genevieve Murphy-Bradacs, from Epstein Becker Green, has more:

    “The General Counsel memo that was issued at the beginning of June provides very specific guidance regarding the placement of work rules into each of the three categories. The memo summarizes each of the three categories of rules. It provides concrete examples of the rules falling into each category and offers a brief analysis of the balancing test applied to each example. What is also significant about the memo is it serves as a reminder as to what has not changed since the Boeing decision. So, it makes clear that work rules that specifically ban protected concerted activity or that are promulgated directly in response to organizing or other protected activity remain unlawful. And it also makes clear that while the maintenance of a particular rule might be lawful, the application of such rules to employees who have engaged in protected activity may violate the act, depending on the particular circumstances.”

    2. Proposed Joint-Employer Rule Coming Soon

    Joint-employer rulemaking is coming soon. NLRB Chairman John Ring has indicated that the Board majority favors issuing a rule on joint-employer liability. He expects a proposed rule to be issued by the end of the summer. The Board’s December 2017 Hy-Brand decision temporarily overturned the Obama-era Browning-Ferris test for joint-employer status, rejecting its broad “indirect control” standard. Hy-Brand was overturned when it was alleged that Board member William Emanuel had a conflict of interest and should have recused himself. The Board will also review its process for determining conflicts of interest on the part of Board members.

    3. New Legislation Eases Disclosure Requirements for Startups

    Startups offering equity plans get regulatory relief. The legislation that President Trump signed in May to ease regulations under the Dodd-Frank Wall Street Reform and Consumer Protection Act also contained some good news for startups. The law adjusts the Rule 701 thresholds, which allow private companies to offer equity to employees without registering the sales as public offerings. The cap will move from $5 million of securities sold in a 12-month period to $10 million. The legislation also requires the Securities and Exchange Commission to adjust the disclosure threshold for inflation every five years.

    4. NJ Senate Advances Ban on Sex Harassment Confidentiality Agreements

    The New Jersey Senate wants no more secrecy around harassment claims. On a 34-to-1 vote, the chamber approved legislation banning non-disclosure agreements involving sexual harassment claims. The bill is still pending in the House, where a vote is expected in the next few weeks. The legislation would also allow victims to keep their identities confidential and would establish jurisdiction in Superior Court, arguably bypassing arbitration agreements. Some are concerned that a provision in the bill would be preempted by the Federal Arbitration Act, particularly based on the recent Supreme Court ruling in Epic Systems.

    5. Tip of the Week

    This week, James Gelfand, Senior VP of Health Policy for The ERISA Industry Committee (“ERIC”), shares some advice on top considerations and improvements for the health savings account (“HSA”) benefit:

    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. 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.

    This is an extended interview from Employment Law This Week® (Episode 120: Week of June 11, 2018), an online series by Epstein Becker Green. youtu.be/9XZYxur7n9I

    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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