1. This Employment Law This Week® episode features a recap of the biggest employment law trends from 2018 and a look ahead at what’s to come in 2019. Specifically, this episode includes the following:

    1. #MeToo Movement in the Workplace

    For employers, 2018 was the year of #MeToo. While the movement began in the fall of 2017, last year, it touched every aspect of employment law—from harassment training to arbitration.

    Jennifer Gefsky (Member of the Firm, 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.”

    In 2019, we can expect to see more legislative action, particularly in the area of equal pay, where much of the #MeToo focus has shifted.

    Click here for more: ebglaw.com/news/2018-workforce-wrap-up-and-a-look-forward/

    2. AI in the Workplace

    In 2018, many employers put the potential of artificial intelligence (“AI”) into practice. AI is being adopted at a rapid pace across the country, and the changing landscape is creating complex concerns around workforce management.

    Michelle Capezza (Member of the Firm, Epstein Becker Green):

    “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.”

    This year, we expect to see an increased focus on adjusting employee benefits programs for automation and AI, and, in reaction to the proliferation of this technology, increased attempts to protect employee privacy.

    3. A Year of Transition

    Indeed, 2018 was a year of transition, as the federal policy started to catch up with the political moment in Washington. We saw that in a hotly contested confirmation of Brett Kavanaugh to replace Justice Anthony Kennedy, cementing a 5-4 conservative majority on the U.S. Supreme Court.

    Jim Flynn (Member of the Firm, Epstein Becker Green):

    “Management and employers will, I think, have a friend in Judge Kavanaugh on the bench.”

    We saw transition in the Department of Labor and, more slowly, in the National Labor Relations Board (“NLRB” or “Board”). The Board’s battle over joint-employer relationships continued right up to the end of 2018, when the U.S. Court of Appeals for the District of Columbia Circuit finally issued its decision in Browning-Ferris. To the surprise of many, the court did not reject the joint-employer standard that the 2016 Board used in that case, but remanded to the NLRB to clarify its application of the test to the facts. It remains to be seen whether this will have any effect on the proposed joint-employment rules published last September.

    4. More Transition in 2019

    We begin the year at an important inflection point. A standoff is brewing over several agency vacancies that require Senate confirmation. The Senate did not confirm Mark Pearce for another term on the NLRB, or Chai Feldblum for another term on the Equal Employment Opportunity Commission (“EEOC”). Both first served under President Obama and were nominated for new terms by President Trump in 2018. Both faced significant resistance from Republicans in the Senate and their nominations died when Congress ended its session last month.

    Gender identity in the workplace, medical and recreational marijuana, data privacy—2019 promises answers to some big questions about how our workplaces will function going forward. We saw with the Epic ruling last year how the entire debate over class action waivers can seemingly be resolved in a single Supreme Court decision. Maybe the 2019 court will make its mark on employment law as well.

    There is much for employers to anticipate in the year ahead, and Employment Law This Week will continue to keep you informed.

    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. A breaking news segment from Employment Law This Week®, featuring attorney Tzvia Feiertag, Member of the Firm:

    On Friday, December 14, 2018, a Texas federal judge ruled that the Affordable Care Act (ACA) should be invalidated. If the decision is upheld, it could have a major impact on employers, especially those sponsoring group health plans. For now, employers should remain in compliance with the ACA as the appeal process continues.

    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 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. The #MeToo movement has brought with it a heightened focus on equal pay and executive compensation. As employers are evaluating bonuses and comp structures this year-end, Gretchen Harders, from Epstein Becker Green, explains how to navigate the new environment.

    This is an extended interview from Employment Law This Week® (Episode 133: Week of Dec. 10, 2018), an online series by Epstein Becker Green. youtu.be/f1GcUwmlr1s

    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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  4. This Employment Law This Week Deep Dive episode addresses the heightened focus on equal pay and executive compensation in the wake of the #MeToo movement and what that means for employers as they evaluate bonuses and pay structures for the upcoming year. Attorneys Gretchen Harders, Jeffrey Landes, and Marc Mandelman of Epstein Becker Green discuss the following topics: how comparable salaries may not always result in equal pay, recent equal pay law activity, pay transparency and compensation, salary history inquiries, and what’s next for the #MeToo movement.

    1. The #MeToo Movement Brings Equal Pay into Focus

    The #MeToo movement has brought with it a heightened focus on equal pay and executive compensation. As employers are evaluating bonuses and comp structures this year-end, Gretchen Harders, from Epstein Becker Green, explains how even comparable salaries may not always result in equal pay.

    "Looking at overall compensation, particularly in the industries where maybe salary is lock-step by position, and where the pay differentials can come into play are in the bonuses. The only way to completely ensure that you're in compliance over compensation and bonuses is to do an equity pay audit. There are a number of consultants out there that can come in and look at all the different positions, do the comparisons, run the numbers, and be able to come up with results that really tell you where a company might have some issues."

    Click here for more: ebglaw.com/pay-equity/

    2. Equal Pay Laws Go Local

    In 1963, Congress passed the Equal Pay Act, which amended the Fair Labor Standards Act to require equal payment for “substantially similar” work. States and cities have largely taken it upon themselves to clarify the EPA, and that trend continues today in the context of #MeToo. Jeffrey Landes, from Epstein Becker Green, has more about recent equal pay law activity.

    "We've seen acceleration of the trend with respect to state and local equal pay changes. Particularly, we've seen a broadening of equal pay laws. For example, the federal equal pay law focuses on equal pay for substantially equal work. However, that standard has now been loosened in a number of states. The New Jersey Equal Pay Act that went into effect on July 1 stands out and may be used by others as a model going forward. It is, without question the most robust equal pay legislation we've seen today. For example, while we typically think of pay equity as a gender issue and addressing the gender gap, New Jersey prohibits pay discrimination based on 20 protected categories."

    3. Pay Transparency and Compensation

    We’re also seeing more legislative activity around pay transparency.

    Gretchen Harders:

    "The pay transparency idea is that you don't want to prevent employees from speaking to each other about their compensation and disclosing to each other what their salary and wages and compensation is in any given time. And under these state and local laws, employers are not allowed to fire or take any adverse employment action against an employee because they told somebody what their salary was or what their compensation or bonus was."

    4. Salary History Inquiries

    And more efforts are underway to ban salary history inquiries. Marc Mandelman, from Epstein Becker Green, has more.

    "The premise behind salary history legislation is that, on average, women and minorities have historically been paid less than their male or non-minority counterparts, and that basing a person's pay on what he or she has previously been paid will only perpetuate that trend. A number of jurisdictions have enacted salary history bans and pay transparency laws, and many employers have had to change longstanding hiring and compensation practices in the name of equality. And there isn't really any proof that these laws will have the desired effect. So there is some skepticism out there."

    Click here for more: ebglaw.com/news/reminder-starting-january-1-2019-connecticut-employers-cannot-ask-candidates-about-salary-history/

    5. What’s Next for #MeToo

    Where #MeToo will lead next is uncertain. But moving forward, employers who are proactive put themselves in the best position to succeed. When it comes to equal pay, that means conducting pay audits and making sure the proper policies are in place to ensure compliance with federal, state and local requirements.

    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. Michele Robertson, Vice President and General Counsel for Hospital Therapies at Mallinckrodt Pharmaceuticals, has some advice on assessing and addressing potential conflicts of interest.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 132: Week of Dec. 3, 2018), an online series by Epstein Becker Green. youtu.be/0-eUwZLrXdc

    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/304459134 Uploaded 3 Views 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 – tracks the latest developments that could impact you and your workforce. The series features three…


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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 – tracks the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns. Learn more at ebglaw.com/employment-law-this-week/

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