1. Private HR Consultant Geralyn Capelli shares some tips on alternative dispute resolution, or “ADR” programs.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 137: Week of March 4, 2019), an online series by Epstein Becker Green. youtu.be/b_W4C0MoP5E

    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/321334413 Uploaded 2 Plays 0 Comments
  2. This Employment Law This Week® Monthly Rundown features a recap of the most important news from February 2019. The episode includes:

    1. SCOTUS Temporarily Relieves Circuit Split on Salary History

    The U.S. Supreme Court remanded an important equal pay case back to the U.S. Court of Appeals for the Ninth Circuit last week. The high court vacated the decision due to the death of the ruling’s author, Judge Stephen Reinhardt, before the decision was announced. The move temporarily relieved a circuit split on whether salary history could be used to justify a pay disparity under the Equal Pay Act.

    2. NYC Bans Grooming Policy Restrictions That Have a Disparate Impact

    New York City’s Commission on Human Rights has released new legal enforcement guidance protecting the rights of workers to wear their natural hair and hairstyles. David Garland, from Epstein Becker Green, has more details:

    “What's important here is that even facially neutral policies, that is, policies neutral on their face, if they have a disparate impact on black employees, may violate the New York City Human Rights Law. In view of the recently issued guidance, it's important that employers review their grooming and appearance policies to ensure compliance with the guidance.”

    3. DOL Officially Strikes Tip Credit Rule

    Last year, the Department of Labor released an opinion letter rescinding the “80/20” tip credit rule, which prohibited employers from taking a tip credit for workers who spend more than 20 percent of their time on untipped side work. The Acting Administrator of the Wage and Hour Division has now updated the division's Field Operations Handbook to remove any mention of the rule.

    4. Fourth Circuit: Workplace Gossip Can Violate Title VII

    Workplace gossip can, in some cases, violate Title VII of the Civil Rights Act of 1964 (“Title VII”)—that’s according to a recent opinion from the Fourth Circuit. In Parker v. Reema Consulting Services, the defendant, who had received multiple promotions, discovered false rumors circulating that claimed she slept her way to the top. A senior manager helped to spread the rumors and shut the defendant out of related discussions. The Fourth Circuit found that the sex-based nature of the rumor implied that she “used her womanhood, rather than her merit” to obtain the promotions, and, thus, the rumors violated Title VII.

    5. Artificial Intelligence in Human Resources

    Artificial intelligence (“AI”) is making its way into your human resources (“HR”) department. Recent research from PWC shows that 63 percent of companies are rethinking HR in light of new AI technology. An increasing number of HR teams are enjoying the efficiency and effectiveness of AI, as well as significant cost savings. But the use of AI technology can also create new legal risks. Nathaniel Glasser, from Epstein Becker Green, has more:

    “It's important that employers don't blind themselves to the legal risks that are inherent in some of the AI processes that are available. And that means making sure that disparate treatment and disparate impact claims and the potential for those claims are limited in conducting an early review.”

    6. Tip of the Week

    Private HR Consultant Geralyn Capelli shares some tips on alternative dispute resolution, or “ADR” programs:

    “There are a number of factors to consider when actually drafting an ADR program that is best suited for your needs. The first thing to consider is, what do you actually have in place now that is effective in resolving conflicts or at least helping conflicts not to escalate to a point where an employee files a claim or actually seeks out a third party? If you do decide you want to pursue drafting an ADR program, it would be helpful for you to take a look at what type of conflict has occurred within your organization over the last 12 months, 24 months, or 36 months. But most importantly, think about what goal you're trying to achieve when establishing an ADR program.”

    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/321257112 Uploaded 9 Plays 0 Comments
  3. A Trending News segment from Employment Law This Week®, featuring attorney Katrina Walasik of Epstein Becker Green:

    In a per curiam ruling, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Ninth Circuit’s decision in Rizo v. Yovino, because the ruling’s author died before the decision was published. This temporarily relieves a circuit split on salary history.

    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.

    # vimeo.com/320373910 Uploaded 5 Plays 0 Comments
  4. This Employment Law This Week Deep Dive episode looks at the role of artificial intelligence (AI) in human resources (HR) functions. Today, we’re seeing HR functions that are trying to harness the power of data and use it in predictive ways to hire the best candidates for a job. Attorneys Adam Forman and Nathaniel Glasser of Epstein Becker Green discuss how AI technology can be applied to business operations and HR functions, the benefits of AI technologies for HR, the legal risks inherent in some of the AI processes that are available, and the importance of working with legal counsel when implementing AI.

    Read on for more about this episode:

    1. Artificial Intelligence in Human Resources

    We typically think about AI as robotic manufacturing or number-crunching data analysis, but companies are also starting to deploy AI for HR functions.

    Adam Forman:

    “There are many ways that AI technology can be applied to business operations and human resources functions. Two of the primary ways are in the pre-employment phase and during employment. For pre-employment, there's software that will assist with identifying and selecting candidates for employment. During employment, we see AI being used to track training of employees, to identify an employee's career progression, or even with something called a chatbot, which would take over certain lower-level HR functions, such as tracking one's paid leave. Of course, AI technology can also be used in pay equity audits for employers, as well. At the outset, these technologies tend to be more efficient because they're automated and they're scalable, they predict rather than describe, and they improve the overall candidate experience.”

    2. Associated Legal Risks

    AI for HR can generate significant costs savings while improving service. But it also creates new legal risks for companies that utilize it.

    Nathaniel Glasser:

    “It's important that employers don't blind themselves to the legal risks that are inherent in some of the AI processes that are available. And that means making sure that disparate treatment and disparate impact claims and the potential for those claims are limited in conducting an early review, and also making sure that people with disabilities can be accommodated and they can be treated equally when they're evaluated by these AI technologies. It's important for organizations to work with their legal counsel when implementing AI, and that's because employment lawyers, for instance, are familiar with the uniform guidelines on employee selection procedures and understand the validation methodologies that are necessary to get from start to finish. And anytime an adverse impact analysis is conducted, it can be done under attorney-client privilege.”

    3. Making AI Work for HR

    AI for HR can make a lot of sense. Some companies have seen a 25-30 percent reduction in HR costs by utilizing technology. If you make the leap, though, it’s important to keep your eyes open to the legal risks and make sure that you’re implementing AI in a compliant way.
    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/319105471 Uploaded 25 Plays 0 Comments
  5. A news development segment from Employment Law This Week®, featuring attorney Robert O'Hara of Epstein Becker Green:

    Potential legislation in Washington State introduces new personal data privacy and security rights for individuals. It is the most comprehensive data privacy legislation in the country so far.

    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.

    # vimeo.com/319009994 Uploaded 14 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 – tracks the latest developments that could impact you and your workforce. The series features three…


+ 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 – 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/

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.