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

    1. DOL Issues Final Overtime Rule

    On September 24, the U.S. Department of Labor (“DOL”) issued a final rule increasing the annual salary threshold for white-collar exemptions to $684 per week. Up to 10 percent of that amount can be in the form of commissions, non-discretionary bonuses, or other incentive compensation. For highly compensated employees, the final rule increases the annual earnings threshold to $107,432. The new thresholds will take effect January 1, 2020.

    “The Department considered that type of commitment in its Notice of Proposed Rulemaking that it issued in March of this year, but chose not to have automatic updating in the final rule.” – Paul DeCamp, Member of the Firm, Epstein Becker Green

    Click here for more information: ebglaw.com/news/the-new-dol-overtime-rule-presents-challenges-that-employers-must-address-swiftly/

    2. California Codifies “ABC Test” for Classifying Workers

    The “ABC test” becomes law in California. Last month, California passed legislation codifying the worker classification test established in the state supreme court’s Dynamex case. The new law goes into effect on January 1, 2020, and will likely impact a number of industries. While versions of the “ABC test” are already used in several states in some circumstances, California has set a new high-water mark, with some other states already signaling that they might follow suit.

    Click here for more information: wagehourblog.com/2019/09/articles/state-wage-and-hour-laws/are-more-exemptions-warranted-to-new-california-legislation-codifying-and-expanding-dynamexs-abc-test-for-independent-contractor-status/

    3. EEOC Reconsiders Pay Data Collection Beyond 2018

    The pay data collection story took another turn in September. After much legal wrangling, the Equal Employment Opportunity Commission (“EEOC”) is still collecting the Component 2 pay data from 2018 and 2017, which was required to be submitted by employers by September 30. But for now, the agency has announced that it does not anticipate renewing the pay data collection requirement moving forward, including for 2019 data. The agency underestimated the compliance cost of yearly submissions for employers. The EEOC plans to assess the value of the data employers filed last month before deciding whether to renew the requirement in the future.

    “In 2016, the EEOC decided that they were going to treat every employer the same. So, whether you have a single establishment, which requires one form to be filed, or 150 establishments, where you have 150 forms or more to file, they treated everyone the same way. That is not an accurate representation of what the filing is.” – Robert O’Hara, Member of the Firm, Epstein Becker Green

    4. NLRB Wraps Up a Busy Summer 2019

    It was a summer to remember for the National Labor Relations Board (“NLRB” or “Board”). With a Republican majority firmly in place, the Board took on a number of contested issues over the past few months. Its decisions continued the NLRB’s move away from the pro-union perspective of the Obama-era Board and, in some cases, reversed long-standing precedent.

    "The general impact of the Republican-majority Board decisions is really to slant the case law in favor of employers, and the employer’s position. One major precedent that the majority impacted was the standard applied when looking at unilateral change to bargaining terms. So, historically, there’s always been the standard of ‘clear and unmistakable’ waiver. Now, the Board said, ‘You know, if there’s a management rights provision that really gave them the ability to do that, then we won’t really look at ‘clear and unmistakable’ waiver. We’ll really focus on whether there is language within the contract that really permitted the employer to do that.’ This fall, we will most likely continue to see limits placed on ability to organize and case law that favors unions." – RyAnn McKay Hooper, Associate, Epstein Becker Green

    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 interview from Employment Law This Week®, featuring attorney RyAnn McKay Hooper, Associate:

    The Republican-majority National Labor Relations Board (NLRB) wrapped up a summer full of decisions that signal a shift in the Board’s focus.

    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. A Trending News interview from Employment Law This Week®, featuring attorney Paul DeCamp, Member of the Firm:

    On September 24, 2019, the U.S. Department of Labor issued a final rule increasing the annual salary threshold for overtime pay to $35,568 per year. This will take effect January 1, 2020.

    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. A Trending News interview from Employment Law This Week®, featuring attorney Robert O’Hara, Member of the Firm:

    The EEOC has announced it will not renew the pay data collection requirement moving forward. The agency underestimated the compliance cost of yearly submissions for employers and plans to assess the value of the data due September 30 before renewing the requirement.

    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.

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

    1. DOJ Appeals Ruling on Pay Data Collection

    There has been more pushback around EEO-1 federal pay data collection. On August 16, the Department of Justice appealed a district court’s ruling that reinstated the Obama-era pay data collection rule. This appeal comes just before the September 30 collection deadline, but the briefing schedule in this appeal extends beyond September 30, so there is little chance of resolution before the Equal Employment Opportunity Commission’s (EEOC’s) reporting deadline. Commissioner Victoria Lipnic has said that “nothing will stop” an employer’s obligation to submit the data on time. The appeal raises significant questions about whether and how the data will be used.

    “We’re recommending to clients to continue to prepare for the filing, but to hold for a bit until the end of September—prior to the deadline—but hold until we have a little bit more clarity from the court about what direction this could go. The interesting thing about this data collection exercise has been about pay equity more generally. The purpose of doing an audit, under privilege, we would recommend, is to find out what’s going on in your own comp system. Not to say that you're being discriminatory in any way, shape, or form, but to really understand what's going on. Looking at it routinely is a good practice. It’s a good business tool to manage your workforce.”—Robert O’Hara, Member of the Firm, Epstein Becker Green

    2. State Legislation Strengthens Worker Protections

    More worker protections are coming online in states across the country. New York passed new legislation that prohibits discrimination based on religious facial hair or clothing, or other religious attire. The new law comes as part of a package of legislation that increases worker protections in harassment and discrimination claims and settlements. This expands upon last year’s groundbreaking sexual harassment legislation. In Illinois, Governor J.B. Pritzker signed similar comprehensive legislation that, among other things, limits arbitration agreements and non-disclosure clauses, mandates sexual harassment training, and extends job-protected leave to victims of gender violence. The Illinois legislation goes into effect January 1, 2020.

    3. New Jersey Enacts Sweeping “Wage Theft” Legislation

    New Jersey has enacted sweeping new legislation that includes heavy penalties for the failure to pay wages. New Jersey employers could now face triple damages for wage claims, and even for typical contract claims. And the new law also extends the statute of limitations for minimum wage and overtime claims.

    “The law became effective immediately upon signing on August 6. The New Jersey Department of Labor appears to have taken the position that it is retroactive. Among the things that employers should do now are—one, make doubly sure that all your employees and independent contractors are properly classified. Two, ensure that your non-exempt employees record every minute of their time. Three, review your employment agreements, including your commission plans and bonus plans and executive agreements, to make sure there are no ambiguities. And, where possible, include that payment is dependent on employer discretion. And four, don’t forget about your handbook. Make sure your contract disclaimer is airtight.”—Maxine Neuhauser, Member of the Firm, Epstein Becker Green

    Click here for more information: ebglaw.com/news/new-jersey-enacts-sweeping-wage-theft-law/

    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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