1. Welcome to Employment Law This Week®! About this episode:

    1. Preventing Harassment in the #MeToo Era - youtu.be/-09aEPAEbJU?t=6s

    The #MeToo and Time’s Up movements have resulted in blockbuster allegations against titans of media, entertainment, and politics, but they have also raised the stakes for all employers. In this edition of Employment Law This Week, we look at preventing harassment in the #MeToo era.

    What has #MeToo taught us? We asked Jennifer Gefsky, from Epstein Becker Green:

    “I think if the #MeToo movement taught us one thing, it's that employers face significant liability and risk in the event that allegations are made against any employee or supervisor or the highest-level executive at the company. And sometimes those claims are insurmountable for a company, and they don't survive. Now, that case is rare, but it certainly has happened. But even in the case where the company does survive, it can do significant damage, not just in terms of money but in terms of reputation. And, in that way, it makes it very difficult for companies to hire new talent and to create that great culture that every company wants.”

    2. Regulation on the Rise - youtu.be/-09aEPAEbJU?t=1m4s

    State and local governments have been taking a much more active role in regulating the working environment, requiring transparency from employers and the infrastructure necessary to handle complaints. Ian Carleton Schaefer, from Epstein Becker Green, gives us an overview of recent legislation:

    “We're seeing states and cities enacting and promulgating model anti-harassment policies, model anti-sexual harassment trainings. We’re seeing a prohibition against non-disclosure agreements, both before the employment relationship begins or the outset of the employment relationship, as well as in settlement agreements, prohibition against confidentiality for sexual harassment complaints, unless it's the choice of the plaintiff or the aggrieved employee. We're seeing required training, like in New York State and New York City, that requires employers to conduct annual anti-harassment training for all of its employees, whether you have worked there for one day or for 10 years.”

    New York City now has the most robust anti-harassment and anti-discrimination protections in the country, with new laws going into effect from the city and the state in October 2018 and early 2019, respectively. The lynchpin of the NYC model is mandatory training. All employers are now required to provide annual anti-harassment training to every employee and even independent contractors. The training must meet or exceed the “model training” that the state has provided.

    For more, click here: hrdive.com/news/metoo-leads-to-training-mandates-and-more/531636/

    Jennifer Gefsky provides more:

    “All employees in a company should understand the company’s policies on harassment and discrimination, and they should know what to do in the event they see something, hear something, or something is happening to them. Who do they go to, who do they report to? And then what they can expect to happen in the event they make a complaint.”

    Ian Carleton Schaefer:

    “I think you're seeing a trend, if you need to look forward in terms of what's happening, what's going to happen in the future, what can we anticipate. I think if you look at what's happening in New York State and New York City, that's going to be the model for what happens throughout the country.”

    For more, click here: ebglaw.com/news/new-york-state-provides-draft-anti-sexual-harassment-materials-for-employers/

    3. EEOC Guidance on Workplace Harassment - youtu.be/-09aEPAEbJU?t=3m4s

    Along with training, employers and regulators are looking at cultural and institutional issues within an organization. On a federal level, the Equal Employment Opportunity Commission (EEOC) has issued guidance calling for this approach.

    Both the training being mandated in New York and the cultural approach that the EEOC advocates are measures that experts say can significantly decrease a company’s exposure to risk.

    For more, click here: ebglaw.com/news/with-eeocs-involvement-more-sex-harassment-suits-are-likely

    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/288801024 Uploaded 7 Plays 0 Comments
  2. In this news development from Employment Law This Week®, attorney Ian Carleton Schaefer of Epstein Becker Green discusses how sexual harassment training is evolving in the #MeToo era. He also talks about how requirements like the recently released New York State model training guidelines could become the standard for all employers nationwide.

    For more, read our recent Act Now Advisory, "New York State Provides Draft Anti-Sexual Harassment Guidance for Employers": ebglaw.com/news/new-york-state-provides-draft-anti-sexual-harassment-materials-for-employers/

    We invite you to view Employment Law This Week® - tracking the latest developments that could impact you and your workforce. The series now features three components: Breaking News, Deep Dives, and Monthly Rundowns.

    Watch the series and subscribe for email notifications: 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/288415266 Uploaded 2 Plays 0 Comments
  3. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    1. Ninth Circuit Extends CA’s Non-Compete Ban Through No-Rehire Clause

    Our top story: The U.S. Court of Appeals for the Ninth Circuit considers the outer limits of California’s ban on non-competes. California’s Business and Professions Code states that any contract that prevents someone from “engaging in a lawful profession, trade, or business” is void. The case in question dealt with a physician who refused to sign a settlement agreement with a no-rehire clause that barred him from working for specific employers that might have been connected to the medical group he worked for. The Ninth Circuit found that the provision would have substantially restrained the physician’s ability to practice, in violation of the law. Jim Goodman, from Epstein Becker Green, has more.

    2. Massachusetts Takes On Non-Competes

    In Massachusetts, Governor Charlie Baker is expected to sign a bill that would require an employer in the Commonwealth with non-compete agreements to continue paying workers after they’ve left the company. This type of “garden leave” policy would extend through the entire period that former employees are banned from working for competitors. Intended to discourage non-compete agreements, the bill also limits the agreements to no more than one year and prohibits them outright for many employees, including low-wage workers, minors, and those who have been laid off.

    3. California Tackles Wage and Hour Issues

    The California Supreme Court has agreed to advise the Ninth Circuit on the application of state wage and hour laws. Among other issues, the court will evaluate whether the state’s wage statement law should apply to employees who work in California on an irregular basis and are employed by out-of-state employers. Meanwhile, a state appeals court addressed the requirement that an employee who quits without notice must receive a final paycheck within 72 hours. The court found that the 72-hour period did not begin to run when an office manager quit through an email sent after-hours on a Friday.

    For more, click here: ebglaw.com/eltw127-wh

    4. NLRB Streamlines Case Handling

    The General Counsel’s Office of the National Labor Relations Board (NLRB) has announced a series of changes in the agency’s case-handling practices that it says will streamline processes at the NLRB’s Regional Offices and make better use of limited resources. In a six-page memo, Head of Operations-Management Beth Tursell describes a new, simpler, and faster process for Regional Offices to follow when they submit complex and novel legal issues to the Division of Advice in Washington, DC. Supervisors and investigators, not just Regional Directors, will be able to make decisions on whether to dismiss unfair labor practice charges or issue complaints. Post-hearing decision writing in representation cases will be more centralized, with regional and district teams drafting the decisions. These changes were announced July 30 and were effective immediately. The memo referred to these changes as “Part One,” suggesting more to come.

    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/284429694 Uploaded 2 Plays 0 Comments
  4. Christopher Bona, a Partner at Finn Partners, is here with some advice on issue management programs.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 126: Week of August 6, 2018), an online series by Epstein Becker Green. youtu.be/mmQ3T7_7Vkw

    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.

    # vimeo.com/283115960 Uploaded 10 Plays 0 Comments
  5. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    1. OSHA Proposes Rolling Back Reporting Rule

    Our top story: The Occupational Safety and Health Administration (“OSHA”) plans to roll back a controversial reporting rule initiated at the end of the Obama administration. OSHA has proposed rescinding parts of a 2017 rule that requires companies with 250 or more employees to submit detailed reports on workplace injuries. OSHA says this move would protect employee privacy and reduce the burden for employers. Three organizations have filed suit over the proposed changes, saying that the data from the detailed reports helps improve workplace safety procedures. Corey Argust, from Epstein Becker Green, has more:

    “On July 25, 2018, Public Citizen, which is a progressive consumer rights advocacy organization, which was originally founded by Ralph Nader, was joined by two other public health organizations and sued OSHA to try and seek to actually enforce the electronic reporting rule requirements. OSHA had announced that it was suspending the deadline of July 1, 2018, for submitting the required forms and had actually stopped accepting these forms. So, OSHA is now being sued by Public Citizen, who's arguing they violated the law by suspending the deadline and is now seeking to enforce the requirement that employers actually submit these forms to OSHA.”

    2. California Clarifies Salary History Ban

    Governor Jerry Brown has signed a law that gives employers new clarity on California's salary history ban, which went into effect in January of this year. The new legislation defines such terms as “pay scale,” “applicant," and “reasonable request.” The law also clarifies that employers are allowed to ask applicants about salary expectations.

    3. NYC Employers Required to Grant Temporary Schedule Changes

    New York City employers are now required to accommodate some employee schedule changes. As of July 18, employees in New York City can request temporary schedule changes, or permission to take unpaid time off for personal events like a caregiving emergency. Employees may request up to two separate schedule changes of up to one business day each, or one schedule change for up to two business days each year. However, employees must be on the job for a minimum of 120 days to be eligible. A new poster has also been issued by the City.

    For more, click here: https://bit.ly/2vcmd4b

    4. Model FMLA Forms Have Expired

    Employers take note—the current Family and Medical Leave Act (“FMLA”) forms have gotten a short reprieve. The Department of Labor’s model FMLA notices and medical certification forms were set to expire July 31, but that date was pushed back to the end of August. Once the Federal Office of Management and Budget approves new model FMLA forms, they will be valid through 2021.

    For more, click here: https://bit.ly/2vvWrY1

    5. Tip of the Week

    Christopher Bona, a Partner at Finn Partners, is here with some advice on issue management programs:

    “Issues management is a communications leadership function within a company that allows a company to spot emerging trends that can crystallize over time into issues . . . issues that may compel the company to communicate to a variety of its key audiences. How can organizations be prepared and have some sort of a framework for identifying and responding to issues that might affect the business? The first thing that they should do is identify all of the issues that could possibly happen that would come up in the business, that would compel the business to communicate in some fashion. Analyze those issues and prioritize them. Then, take that list and create responses that are ready to go or can be adapted so that when the issue emerges and occurs, the organization is ready to respond. And then lastly, make sure to evaluate the impact of the execution of those responses to the issue.”

    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/283092161 Uploaded 7 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…


+ More

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/

Browse This Channel

Shout Box

Heads up: the shoutbox will be retiring soon. It’s tired of working, and can’t wait to relax. You can still send a message to the channel owner, though!

Channels are a simple, beautiful way to showcase and watch videos. Browse more Channels.