1. A Trending News interview from Employment Law This Week®, featuring attorney Kathleen Barrett, Associate:

    On June 25, 2019, Illinois Governor JB Pritzker signed a bill legalizing recreational marijuana in the state. Illinois is the 11th state to do so in the country, and the state’s law includes unique provisions for employers.

    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.

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  2. This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into July 2019. The episode includes:

    1. State Legislation Heats Up

    Regulatory activity is heating up around the country. Connecticut, Nevada, New Jersey, and Oregon have all passed new legislation focused on worker protections. In California and Illinois, similar bills are moving through the legislative process. But New York took the lead with a flurry of expansive new employee protection laws as its legislative session ended last month. New York passed sweeping changes to the legal standards for defining workplace harassment and defending against such claims, and broadly expanded equal pay claims. The state also passed a new statewide salary history ban and will now require employers to grant workers paid time off to vote.

    Click here for more information: ebglaw.com/actnow-190627

    2. NLRB Overturns Another Long-Standing Precedent

    With a majority composed of the President’s nominees in place, the National Labor Relations Board (“NLRB” or “Board”) is continuing to move to undo many of the pro-union actions of the Obama era. In a recent ruling, the Board found that employers can legally ban non-employee union representatives from engaging in organizing activities at areas of their worksites open to members of the public. With this decision, the Board has once again overturned a long-standing precedent. The “public space” exception, allowing non-employee union organizers to frequent lobbies, public cafeterias, restaurants, and other spaces open to the public, had been in place since 1982. In its recent 3-1 UPMC decision, the Board found that the employer did not violate the National Labor Relations Act when it removed non-employee organizers from the hospital’s cafeteria. This brings the NLRB in line with a number of federal courts of appeal that had disagreed with the Board.

    Click here for more information: ebglaw.com/eltw142-mm

    3. SCOTUS October Term 2018 Wraps Up

    Justice Brett Kavanaugh’s first term is in the books, as the Supreme Court wrapped up its work last month. While Kavanaugh replaced retiring Justice Anthony Kennedy, Kennedy’s frequent swing vote was taken up this term by many different conservative justices, leading to some surprising decisions. The justices left over 20 decisions for the last few weeks, including Kisor v. Wilkie, which addressed the question of whether courts were obligated to defer to the interpretations of regulations by federal agencies charged with their enforcement and administration. In that case, the Court did not eliminate the Auer standard but held that the lower court was “too fast” in applying that standard. In Fort Bend County v. Davis, a unanimous Court held that the requirement to exhaust state remedies in a Title VII discrimination complaint is waivable, meaning that employees may be able to pursue federal discrimination lawsuits without first filing with the Equal Employment Opportunity Commission. Next term, the Court could decide whether Title VII protections extend to gay and transgender employees. That begins in October—stay tuned here for that.

    4. Tip of the Week

    Regina Huber, CEO of Transform Your Performance, Multicultural Transformational Leadership Coach, and D&I Consultant, shares some tips on how inclusion and trust can increase innovation in the workplace:

    “We get so hung up with job descriptions, rigid expectations, and processes that we fail to uncover the best that people have to offer, that we fail to uncover people’s unique brilliance and genius. ‘Inclusion’ does not mean separating people into boxes. Inclusion is about bringing people together through dynamics that allow them to maximize each other's unique strengths and to create something bigger together. That’s what I call ‘co-creation.’ Diverse teams are only potentially more innovative. Trust is often the missing piece, so we must build trust and have those critical conversations in all directions, leading-edge conversations that allow us to turn a diverse environment into an inclusive culture. And I call this ‘humanizing’ the workplace.”

    If you’d like to learn more, you can download Transform Your Performance’s white paper on their website—transformyourperformance.com/.

    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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  3. A Trending News interview from Employment Law This Week®, featuring attorney Deborah DeHart Cannavino, Member of the Firm:

    Connecticut has officially passed the “Time’s Up Act,” which will, among other things, change sexual harassment training requirements for employers. Much of the new law will go into effect on October 1, 2019.

    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.

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  4. Anthony Campanelli, of Deloitte Financial Advisory Services, joins us with some tips for assessing compliance with New Jersey’s Equal Pay Act.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 141: June 2019), an online series by Epstein Becker Green. youtu.be/LL1X3U36rLk

    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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  5. This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into June 2019. The episode includes:

    1. Worker Classification in the Gig Economy

    There is a bit more clarity about the gig-economy workforce, thanks to state and federal regulators. The Texas Workforce Commission last month adopted a broad administrative rule under which most gig-economy workers in Texas will be independent contractors. Meanwhile, on the federal level, the National Labor Relations Board (“NLRB” or “Board”) General Counsel’s office released an advice memo finding that drivers for a ride-share company are independent contractors and not employees. And the Department of Labor separately issued an opinion letter on the classification of certain gig workers under the Fair Labor Standards Act. The letter said workers providing services to customers referred to them through an unidentified virtual marketplace were properly classified as independent contractors.

    Learn more here: ebglaw.com/eltw141-mm

    2. NLRB Announces Rulemaking Agenda

    Looking ahead, the NLRB has announced its new rulemaking priorities. In addition to indicating that it intends to move forward with its proposed joint-employer rule, the Board plans to engage in rulemaking to revise the Obama-era expedited election and representation-case procedures and its standards concerning employee access to an employer’s private property for organizing and other union activity, among other priorities. According to Board Chairman John Ring, “The Agenda reflects the Board majority’s strong interest in continued rulemaking.” Stay tuned.

    Learn more here: ebglaw.com/eltw141-mm2

    3. National Backlash Builds Against Non-Compete Agreements

    Despite an easing of pressure at the federal level, the national backlash against non-compete agreements continues to build momentum. Several states have passed legislation restricting these agreements, which temporarily prohibit departing employees from taking jobs with competitors. That new legislation, along with pending legislation and the judicial climate, has led employers to explore alternatives.

    “Employers are very aware of the hostile environment towards non-competes, so what they’ve been doing is exploring alternatives, such as garden leave agreements, paid non-compete periods, and moving towards non-solicitation agreements.” – Peter Steinmeyer, Member of the Firm, Epstein Becker Green

    4. Tip of the Week

    Anthony Campanelli, of Deloitte Financial Advisory Services, shares some tips for assessing compliance with New Jersey’s Equal Pay Act.

    “New Jersey’s Equal Pay Act has been in effect for nearly a year, and, in this past year, we’ve seen an uptick in litigation of companies potentially violating this new law. I’m going to share with you five tips for conducting a proactive self-assessment. The first tip: you want to put together the right team. And this is a team of not just human resource professionals but also your legal labor employment attorneys, your forensic analytics specialists, and, of course, the business. The second tip: you want to execute a risk assessment. You want to understand the policies and procedures that your company has in place. You also want to think about what locations, segments, and roles may be prone to potential risk. The third tip: you need to obtain the data for the analysis. And this includes both the quantitative data, as well as the qualitative data. Fourth: you want to utilize forensic analytic specialists—specialists that are able to interrogate the data to identify outliers. And finally, the fifth tip: you need to investigate those results. You need to understand those employees that could be above or below the median.” – Anthony Campanelli, Deloitte Financial Advisory Services LLP

    As Anthony mentioned, an important aspect of assessing compliance with equal pay laws is using the right team. Epstein Becker Green’s strategic alliance with Deloitte Legal brings together a multidisciplinary team of business and legal professionals, allowing for global pay equity studies to be conducted under privilege. Learn more at ebglaw.com/workforce.

    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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Employment Law This Week®

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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…


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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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