1. This Employment Law This Week Deep Dive episode looks at “predictive scheduling laws,” which are laws that require employers to publish employee work schedules a certain amount of time in advance so that employees (especially those in the hospitality and retail industries) can have greater flexibility and work-time predictability to deal with family and other events and responsibilities. Attorneys Jeffrey Landes, Jeffrey Ruzal, and Adriana Kosovych of Epstein Becker Green discuss the trend toward enacting predictive scheduling laws, the impact that these laws can have on business profitability and costs, and the strategies for compliance.

    Read on for more about this episode:

    1. Predictive Scheduling Laws, the New Normal?

    Taking the guesswork out of scheduling for wage workers is an attractive proposition for regulators. Several cities and one state—Oregon—currently have predictive scheduling laws on the books, and the trend is growing, with proposed legislation in many jurisdictions across the country.

    Jeffrey Landes:

    “This number is growing largely because there is a trend to protect employees in low-wage industries, and there is a concern about making sure that they have more predictable scheduling so that it does not disrupt their family life, and so that they can also have a steady stream of income.”

    Adriana Kosovych:

    “It does appear that, at least for the time being, there has been a shift in the way regulators view hospitality and retail workers and the industries in which they operate.”

    2. Impact on Profitability and Costs

    Jeffrey Ruzal:

    “Employers in the hospitality industry will definitely be affected by predictive scheduling laws, because of the ebbs and flows of their business demands, which are largely controlled by their customer base. It’s also certainly difficult for hospitality employers to know between three and 14 days in advance, depending on the jurisdiction of the predictive scheduling law, of how many employees they will need for a particular shift, which can certainly have an impact on the business and the business’s profitability.”

    Jeffrey Landes:

    “These types of laws are going to force retail employers to think strategically about their staffing model, and it may also result in having more full-time employees, which can, for employers, increase costs. They will be eligible for health care benefits,; they may be eligible for other benefits, as well. Therefore, it can have a significant impact on retail employers.”

    Click here for more: ebglaw.com/news/philadelphia-enacts-fair-workweek-ordinance/

    3. Strategies for Compliance

    Jeffrey Ruzal:

    “Hospitality employers should plan for predictive scheduling laws by addressing their policies and practices, training management so that they fully understand what is required, as well as thinking strategically about planning for their schedules for employees in the future to ensure full compliance.”

    Adriana Kosovych:

    “Employers should also ensure that relevant personnel are familiar with all applicable minimum wage rates. And finally, employers should consider implementing a record-keeping system that will help demonstrate compliance if they are ever audited by the government agency that is going to be enforcing these laws.”

    Jeffrey Landes:

    “Another significant challenge and concern for retail employers is the fact that these laws are being passed in a variety of cities and other jurisdictions, which forces you to pay more attention to compliance initiatives and means that employers may have to have different scheduling practices and different policies and procedures for retail employers in different jurisdictions.”

    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/326637455 Uploaded 5 Plays 0 Comments
  2. A Trending News interview from Employment Law This Week®, featuring attorney Denise Dadika of Epstein Becker Green:

    On Monday, March 18, New Jersey enacted a law banning mandatory non-disclosure provisions in employment contracts and harassment, discrimination, and retaliation settlements. However, it remains legal for employers and employees to agree to these provisions voluntarily.

    We invite you to view Employment Law This Week® – tracking the latest developments that could impact you and your workforce. The series features three components: Trending 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.
    EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C.

    # vimeo.com/325880176 Uploaded 7 Plays 0 Comments
  3. A trending news interview from Employment Law This Week®, featuring attorney Ann Knuckles Mahoney of Epstein Becker Green:

    On March 4, 2019, the U.S. District Court for the District of Columbia lifted a government stay on the Equal Employment Opportunity Commission’s (EEOC) Obama-era pay data collection requirement.

    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: Trending 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.
    EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C.

    # vimeo.com/322348919 Uploaded 7 Plays 0 Comments
  4. 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
  5. 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

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.