1. Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday!

    This week's stories include . . .

    (1) Defend Trade Secrets Act Signed Into Law
    Our top story: President Obama signs the Defend Trade Secrets Act of 2016 (DTSA). Under the DTSA, employers can now sue in federal court for trade secret misappropriation. Though there is some overlap with the Uniform Trade Secrets Act — adopted in some version by 48 states — the DTSA marks a notable change in how these cases are litigated, creating a federal civil cause of action. The new law contains broad whistleblower protections and new requirements for employers to give notice of these protections. David Clark, from Epstein Becker Green, has more on how the DTSA will impact state laws.

    For more on this story, click here: http://bit.ly/27HQg0b

    (2) DOL Issues Final OT Rule
    Last Wednesday, the Department of Labor (DOL) issued its long-anticipated final rule expanding federal overtime pay regulations. The DOL’s rule raises the minimum salary threshold for exemption to $47,476 per year.

    For more information, click here: http://bit.ly/1ODNRrL

    (3) EEOC Releases New Guidance on Leave for Disabled Workers
    The EEOC offers clarification on leave as a reasonable accommodation for employees with disabilities. The agency issued a new resource providing more detail about leave under the Americans with Disabilities Act. The publication comes after a recent surge in disability charges that, according to the EEOC, indicates a lack of clarity around leave as an accommodation.

    For more information, click here: http://bit.ly/20fq73f

    (4) Geico Asks U.S. Supreme Court to Resolve OT Exemption Case
    Investigators for Geico were classified as exempt from overtime under the Fair Labor Standards Act’s (FLSA’s) administrative exemption. The workers sued, arguing that they had been misclassified and were due payment for overtime. The U.S. Court of Appeals for the Fourth Circuit upheld a lower court ruling in favor of the investigators and, in doing so, created a split with the Sixth Circuit on the issue. Geico has appealed to the High Court, arguing that the split will create uncertainty for employers and that the decision was based on an overly narrow interpretation of the FLSA exemption.

    (5) In-House Tip of the Week
    Edward Temple, General Counsel for Nippon Express USA, advises on best practices when working for a U.S. subsidiary of a global company.

    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 content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. Mayor Bill de Blasio and the Human Rights Commission have released new guidance that defines pregnancy protections under the City’s Human Rights Law. The publication gives examples of accommodations that should be made by employers and outlines what an employer must prove when denying an accommodation. Nancy Gunzenhauser, from Epstein Becker Green, goes into more detail on the new guidance and what it means for employers.

    This is an extended interview segment from Employment Law This Week (Episode 27: Week of May 16, 2016), an online series by Epstein Becker Green - http://bit.ly/1VVZEt9

    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 content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. Welcome to Employment Law This Week! Subscribe to our channel for new episodes every Monday!

    This week's stories include . . .

    (1) New Guidance Issued for Pregnant Workers in NYC
    New York City announces new guidance for pregnant workers. Mayor Bill de Blasio and the Human Rights Commission have released new guidance that defines pregnancy protections under the City’s Human Rights Law. The publication gives examples of accommodations that should be made by employers and outlines what an employer must prove when denying an accommodation. Nancy Gunzenhauser, from Epstein Becker Green, has more.

    (2) Ninth Circuit Approves Time-Rounding Practice
    The U.S. Court of Appeals for the Ninth Circuit reaffirms an employer’s time-rounding practice. A call-center employee in California recently brought a class action lawsuit against his employer for time-rounding practices. The employee claims that the policy caused him to be underpaid by a total of $15 over 13 months. Relying on a California Court of Appeals precedent, the Ninth Circuit found that the company’s facially neutral rounding policy—one that rounds time both up and down—is legal under California law. The employee also argued that he was denied payment for a total of one minute when he logged into call software before he clocked in. The Ninth Circuit found that the de minimis doctrine applied in this case, because identifying a single instance in order to provide payment would create an undue burden on the employer.

    For more on this story, click here: http://bit.ly/1TaE5CA

    (3) Tech Company Settles Gender Discrimination Complaint
    A Virginia-based tech firm settles with the U.S. Equal Employment Opportunity Commission (EEOC) on transgender discrimination. An employee of technology services company Ellucian was working on site at a college campus when she told coworkers that she planned to transition from male to female. The employee was barred from work the next day. An EEOC investigation revealed that the college had asked the company to remove the employee from campus, and Ellucian complied. The company has agreed to pay $140,000 to settle the complaint. Ellucian will also change its employee code of conduct to prohibit discrimination based on gender identity.

    (4) EEOC’s English Proficiency Suit Moves Forward
    More from the EEOC this week: The agency can now move forward with an English proficiency suit against Wisconsin Plastics, Inc. In 2014, the EEOC filed a lawsuit against the company for firing 22 Hmong and Hispanic workers who were not proficient in English. A U.S. district court judge in Wisconsin denied a motion for summary judgment, ruling that a jury could reasonably find that the terminations were a result of national origin discrimination. While language proficiency might be required for some jobs, the judge found that Wisconsin Plastics hadn’t provided sufficient evidence that this was the case for the jobs in question.

    (5) In-House Tip of the Week
    Kristen O’Connor, Employment Counsel at the Marsh & McLennan Companies, shares some advice on building a strong relationship between Legal and IT.

    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 content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. The U.S. Court of Appeals for the Fourth Circuit recently revived a class action suit from a group of trainees at a casino in Maryland. Applicants who wanted to work the casino's new table games were expected to attend a 12-week “dealer school,” during which they went mostly unpaid. Several of the trainees sued, alleging that the practice violated the Fair Labor Standards Act. Though the district court dismissed the case, the Fourth Circuit ruled that the company could be found to be the primary beneficiary of the training and remanded the case for further fact-finding. Nathaniel Glasser, from Epstein Becker Green, goes into further detail.

    For more on this story, click here: http://bit.ly/1O2XSDC

    This is an extended interview segment from Employment Law This Week (Episode 26: Week of May 9, 2016), an online series by Epstein Becker Green - vimeo.com/165616670

    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 content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  5. Coleen Cohen, HR Generalist for the Financial Times, shares some advice on developing a strong and effective telecommuting policy.

    This is an extended "Tip of the Week" segment from Employment Law This Week (Episode 26: Week of May 9, 2016), an online series by 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 content of these materials is copyrighted to 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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