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

    1. Justice Kennedy Retires - https://bit.ly/2MAQPmt

    Our top story: Justice Anthony Kennedy announces his retirement from the U.S. Supreme Court, effective July 31. Justice Kennedy was a key swing vote on the Court, and a heated battle is expected over President Trump’s nominee to fill his seat. On the same day that Kennedy announced his retirement, the Court handed down its 14th decision by a 5-4 conservative majority this term, according to a CNN analyst. The majority found that requiring union-represented government employees who are not members to pay union representation fees violates their First Amendment rights. The ruling overturns a four-decade-old Supreme Court precedent, likely eliminating a major source of income for public-sector unions. … Justice Kennedy was one of the five justices who joined in the majority opinion authored by Justice Alito. President Trump said that the effort to fill Justice Kennedy’s seat will begin at once and Senate Republicans say they are determined to confirm the appointment before the Court’s 2018 term begins in October.

    For more, click here: https://bit.ly/2Khu0r1

    2. Trump Proposes Combining Labor and Education Departments - https://bit.ly/2MwLjRM

    Is the U.S. Department of Labor ready for a merger? The Trump administration is continuing its lean government agenda with a proposal for a new cabinet agency that would combine the Departments of Labor and Education. The proposed merger is intended to improve “federal efforts to train the American workforce.” The new “Department of Education and the Workforce” would be a single blended cabinet agency, to be made up of four subagencies, including one dedicated to K-12 education and one for enforcement. Eric Moran, from Epstein Becker Green, has more:

    3. NY Appeals Court: Courier Was an Independent Contractor - https://bit.ly/2MwLjRM

    A New York appeals court weighs in on the gig economy. A split panel concluded that a courier for Postmates, a web-based delivery service, was an independent contractor not an employee, reversing the state Unemployment Insurance Appeal Board. The court found that the company did not possess sufficient control over the courier’s work for him to be considered an employee. Though the company determined the fees and tracked deliveries, it did not set his hours or require a non-compete agreement.

    4. DC Voters Approve Increase of Minimum Wage for Tipped Workers - https://bit.ly/2MwLjRM

    Voters in the District of Columbia approve a wage hike for tipped employees. DC residents have approved an initiative to increase the minimum wage for tipped workers incrementally to $15 an hour by 2025, effectively eliminating the tip credit. The mayor and a majority of the DC Council have come out against the initiative. But if it clears review by the city and Congress, this measure would make DC tipped workers the highest paid in the nation. This measure follows an initiative passed in the District last year that will incrementally increase the minimum wage for non-tipped workers to $15 an hour by July 1, 2020. Under this measure, the minimum wage will increase on July 1 of this year to $13.25, and eventually to $15 in 2020.

    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. “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.

    This is an extended interview from Employment Law This Week® (Episode 122: Week of June 25, 2018), an online series by Epstein Becker Green. youtu.be/Yz_rt2c-p6M

    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. 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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  4. 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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  5. 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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Employment Law This Week®

Epstein Becker Green

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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