1. Starting April 1st of this year, California employers will have to comply with regulations that impose more detailed requirements for workplace harassment and discrimination policies and training. The new regulations from the state’s Fair Employment and Housing Council require employers to develop written policies that explicitly prohibit harassment by third parties and list all protected categories under the Fair Employment and Housing Act. Employers must also provide a mechanism for employees to complain about an issue without involving an immediate supervisor. When providing training on these issues, trainers must review the definition of “abusive conduct” used in the California code. Amy Messigian, from Epstein Becker Green, has more.

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

    This week's stories include . . .

    (1) DOL's New Overtime Rules Coming Soon - http://bit.ly/22AvTSB
    The U.S. Department of Labor (DOL) recently took its final step toward new overtime thresholds. The agency’s rules, which could go into effect as early as this summer, will end overtime exemption status for millions of workers and cost employers as much as $250 million this year. The DOL recently submitted the proposed Fair Labor Standards Act (FLSA) regulations to the Office of Management and Budget, taking the last step before they go into effect. Marc Mandelman, from Epstein Becker Green, tells us how employers can prepare for the new regulations.

    (2) DOL Releases Final Rule on Labor Relations Consultants - http://bit.ly/1T9Isy8
    The DOL has also published its controversial final rule concerning labor relations consultants. The so-called “Persuader Rule” requires employers to disclose when they hire a consultant to help fight attempts at unionization. But the rule, as written, is potentially much broader and could require employers to disclose information about a wide range of consultants and others on whom they rely for training and communication.

    For more information, see our Management Memo blog: http://bit.ly/1VK6eRY.

    (3) High Court Says Statistical Analysis Can Establish Classwide Liability - http://bit.ly/1WODuG8
    The U.S. Supreme Court recently eased class certification standards in a case against Tyson Foods. In Iowa, a group of Tyson employees brought a hybrid class and collective action for unpaid overtime spent changing clothes and walking to their work area. An expert determined the average amount of time spent on those activities, and the employees relied on those averages to get class certified and prove liability and damages. On appeal, Tyson argued that the employees should never have been grouped into a single class, because each employee took different amounts of time for the unpaid activities. But the Supreme Court ruled that this representative sample could be used to establish classwide liability, and the case will move forward in the district court.

    For more information, see our Wage & Hour Defense Blog: http://bit.ly/1RBFqDE.

    (4) Second Circuit Holds That HR Director Is an “Employer” Under the Family and Medical Leave Act - http://bit.ly/1MHb4YV
    A worker at the Culinary Institute of America alleged that a human resources (HR) director wrongly denied her request for family and medical leave to care for her two sons. A New York district court dismissed the employee's Family and Medical Leave Act (FMLA) claim against the HR director, ruling that an individual manager did not qualify as an employer. The Second Circuit disagreed, ruling that the “economic reality” test used under the FLSA also applies under the FMLA. The Second Circuit found that, under this test, the HR director could be considered an employer and held liable for any violation of the FMLA.

    (5) OSHA’s Final Rule on Whistleblower Retaliation - http://bit.ly/1MHbb6I
    The Occupational Safety and Health Administration (OSHA) released its final rules for whistleblowers under the Consumer Financial Protection Act of 2010 (CFPA). The CFPA is a portion of the Dodd-Frank Wall Street Reform and Consumer Protection Act that protects workers involved in consumer financial products and services. OSHA's new rules establish procedures and timelines for retaliation complaints under the CFPA. This is the latest in a series of new standards from OSHA expanding whistleblower protections.

    For more on OSHA's recent push to increase retaliation protections, read our Act Now Advisory: http://bit.ly/1q4q1j1

    (6) In-House Tip of the Week - http://bit.ly/1Mq89ci
    Victoria Richter - Director, Senior Counsel for Deutsche Bank - offers advice on Executive Order 13665, which promotes pay transparency and recently went into effect.

    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) Obama Announces His Supreme Court Nominee - http://bit.ly/22oYwCa
    Last week, President Obama nominated D.C. Circuit Chief Judge Merrick Garland to fill Justice Scalia’s seat on the U.S. Supreme Court. Garland is widely thought to be a centrist, but his reputation for deferring to agencies like the National Labor Relations Board (NLRB) suggests that his decisions could favor employees if he is confirmed.

    For more information, see our News & Publications section: http://bit.ly/1pytpTk.

    (2) California Announces Broad New Anti-Harassment Regulations - http://bit.ly/1VkG1JN
    Starting April 1st of this year, California employers will have to comply with regulations that impose more detailed requirements for workplace harassment and discrimination policies and training. The new regulations from the state’s Fair Employment and Housing Council require employers to develop written policies that explicitly prohibit harassment by third parties and list all protected categories under the Fair Employment and Housing Act. Employers must also provide a mechanism for employees to complain about an issue without involving an immediate supervisor. When providing training on these issues, trainers must review the definition of “abusive conduct” used in the California code. Amy Messigian, from Epstein Becker Green, has more.

    (3) Oregon Enacts New Minimum Wage Requirements - http://bit.ly/1TUZMI8
    Oregon is the latest of the many states and municipalities that have acted to raise the minimum wage. Oregon has enacted an unusual system with three distinct minimum wage rates. The highest tier covers the Portland Metropolitan Area, the lowest covers non-urban counties, and all other counties fall in the middle tier. The state has laid out a schedule for incremental increases of the wage each year. Starting July 1, 2016, the highest rate will be $9.75 an hour. This new system could prove complicated to implement for Oregon employers with locations in multiple counties.

    For more information, see our Wage & Hour Defense Blog: http://bit.ly/1Ump95I.

    (4) Congress Attempts to Expand Whistleblower Protections - http://bit.ly/22p2MBF
    The Whistleblower Augmented Reward and Non-Retaliation (WARN) Act would expand protections for those who blow the whistle on financial crimes. The bill would also resolve a circuit court split on the definition of "whistleblower," expanding the scope of the term to specifically include employees who only report violations internally, without filing with the Securities and Exchange Commission (SEC) or Commodities Future Trading Commission (CFTC). The WARN Act aims to broaden monetary incentives for whistleblowers and increase the scope of protected activities and prohibited retaliation. Whether or not this bill moves forward, we’re likely to see some movement soon on the circuit conflict it addresses, either by legislation or by the courts.

    (5) In-House Tip of the Week - http://bit.ly/21zOR67
    John Hamlin, Chief Employment Counsel for Marsh & McClennan Companies, offers advice on how to effectively manage a whistleblower to avoid retaliation claims.

    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. EEOC Files First Sexual Orientation Discrimination Suits - http://bit.ly/226LAk2
    Our top story this week: The Equal Employment Opportunity Commission (EEOC) filed its first sexual orientation bias suits. Last year the EEOC interpreted Title VII of the Civil Rights Act to prohibit discrimination against an individual for sexual orientation. The agency concluded that sexual orientation discrimination is a form of unlawful gender discrimination. This month, the agency filed two landmark federal lawsuits seeking to enforce its interpretation of the statute for the first time. The agency is suing on behalf of workers at a company in Baltimore and one in Pittsburgh for harassment based on sexual orientation. Jeffrey M. Landes, from Epstein Becker Green, has more.

    For information about these landmark lawsuits, see our Retail Labor and Employment Law blog: http://bit.ly/1QK9D10

    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. Our top story this week: The Equal Employment Opportunity Commission (EEOC) announces new nationwide disclosure rules for position statements. Retroactive to January 1, 2016, employers should expect the disclosure of their position statements to the charging party, even if the statement contains confidential information. Under the new policy, complainants have the right to request access to the statement and respond to it, but any response from the charging party will not be disclosed to the employer in turn. Lauri Rasnick, from Epstein Becker Green, has more on what this means for employers.

    For information about the EEOC’s new policy, see our Retail Labor and Employment Law blog: http://bit.ly/1OVfD1j

    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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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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