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

    1. Increased Employee Protections for Cannabis Users

    Employment protections for pot users are on the rise. Last month, New Jersey amended its medical marijuana law to provide express protections to employees who use medical marijuana. At the same time, New Jersey’s Supreme Court is considering whether medical marijuana users are entitled to “reasonable accommodations” under the state’s discrimination laws. Meanwhile, New York legislators could not come to agreement on a recreational legalization bill, which likely would have included employment protections, so, instead, they decriminalized possession of less than 2 oz. of marijuana. Look for lawmakers to try to pass additional regulations in the next session. Nevada recently became the first state to outlaw the rejection of applicants who test positive for marijuana, following New York City’s lead. And Illinois is now the eleventh state to legalize recreational marijuana. The new law puts into place the most comprehensive workplace protections for marijuana users.

    2. First Opinion Letters Released Under New Wage and Hour Leadership

    After a two-month hiatus, the Wage and Hour Division (WHD) of the U.S. Department of Labor has released a series of opinion letters. They are the first such letters issued under the new leadership at the WHD. As always, the letters address specific questions submitted by the public, but they can apply more broadly. Addressed in this series are the following: calculating overtime pay for nondiscretionary bonuses, applying overtime exemptions to paralegals, and rounding hours worked under the Service Contract Act.

    Click here for more information: ebglaw.com/eltw143-wh

    3. New Jersey and Illinois Enact Salary History Inquiry Bans

    Illinois and New Jersey ban salary history inquiries statewide. This adds two large states to the growing number of jurisdictions using salary history inquiry bans to try and address the gender pay gap. The laws make it illegal for employers to screen applicants based on their salary history. The Illinois law will take effect on September 29, 2019, and the New Jersey law takes effect on January 1, 2020.

    Click here for more information: ebglaw.com/news/new-jersey-becomes-the-latest-state-to-enact-a-ban-on-salary-history-inquiries/

    4. Deadline for New York State Anti-Harassment Training Approaches

    A heads-up for New York employers—the deadline for training New York employees on preventing sexual harassment and discrimination is October 9. All New York-based employees must be trained, regardless of the size of the employer’s New York workforce. And there are additional requirements for New York City employers. Visit ebglaw.com/oct9 for more information.

    5. Tip of the Week

    Lenora Billings-Harris, Diversity Strategist for Ubuntu Global and a member of the Speaker Hall of Fame, shares some tips on disrupting bias with teams and clients:

    “Research repeatedly shows that organizations with diverse and inclusive workforce environments outperform their competition. Inclusion is the challenging part of the equation, because of the impact of unconscious or implicit bias. Here are a few actions I invite you to practice with teams and with clients: Ask team members for their ideas before you mention yours. Invite the introverts to share. You can’t control the behavior of clients, so here are a few tips to ensure your team members are heard regardless of titles, tenure, age, gender, or ethnicity: Before launching into the focus of the meeting, inform your client of the wealth of talent on your team as you introduce each person. Help the client understand the expertise among all present. Disrupting bias enables diversity of thought, which serves our organizations and our clients.”

    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 Trending News video from Employment Law This Week®: Illinois just legalized recreational marijuana, effective January 1, 2020. This presents challenges for employers, but there is a way to #DUEIT. Illinois employers should do the following:

    • Discuss how your company wants to treat marijuana
    • Update your drug-screening policies
    • Establish a written procedure for employees to contest a related disciplinary decision
    • And use Impairment Training to help supervisors and managers identify signs and symptoms of impairment

    Illinois employers: As recreational marijuana becomes legal, remember to just #DUEIT.

    Learn more about the Illinois Cannabis Regulation and Tax Act and how it will affect employers: healthemploymentandlabor.com/2019/06/18/employer-insights-recreational-marijuana-in-illinois/

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

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 142: July 2019), an online series by Epstein Becker Green. youtu.be/8l6gYEQfdKc

    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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  4. 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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  5. 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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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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