1. Welcome to Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new episode!

    This week's topics...

    (1) New York Joins California in Battling Gender Bias
    New York Governor Andrew Cuomo recently signed a series of bills aimed at combatting gender discrimination in the workplace. The bills address fair pay, pay transparency, sexual harassment, and more. This comes on the heels of California’s new Fair Pay Act, which many are calling the toughest equal pay law in the country. Susan Gross Sholinsky goes into more detail.

    (2) Facebook "Likes" Protected by Labor Law
    That’s according to the Second Circuit, which ruled that Triple Play Sports Bar & Grille violated the National Labor Relations Act when it terminated employees for commenting on and 'liking' a post critical of the company.

    (3) Beauty School Not Liable for Student Wages
    That was the conclusion reached by Federal judges in two different cases where the students challenged the practice of serving salon customers in a clinical setting. The decisions relied on recent rulings by the Second and Eleventh Circuits regarding interns. In both cases the Court held that the students had not proven that the educational benefit they received was outweighed by the unpaid work they did, and they therefore did not qualify for minimum wages and overtime.

    (4) EEOC Wins Religious Discrimination Suit
    The EEOC wins $240,000 in damages for two Muslim truck drivers. The Commission brought a federal complaint against Star Transport Inc., claiming the company violated the religious rights of the drivers when it fired them for refusing to deliver beer. Unless a company can demonstrate undue hardship, failure to accommodate the religious beliefs of employees violates Title VII of the Civil Rights Act of 1964.

    (5) In-House Counsel Tip of the Week
    Attorney Greg Shih discusses how important it is to stay abreast of a number of legal issues, because it’s very difficult to be a true specialist nowadays. It’s especially true at small or medium sized companies. We all have our majors and minors, but a big source of value add that in-house counsel can bring to the table is to generate insight, no matter what the context.

    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.

    # vimeo.com/144168001 Uploaded 15 Views 0 Comments
  2. The European Court of Justice rejects the US-EU Safe Harbor program - http://bit.ly/1NYDD9c
    The case was brought by an Austrian Facebook user, who raised concerns about the transfer of his data to the US due to the NSA’s Prism program. The Court ruled that the 15-year-old Safe Harbor rule does not adequately protect the privacy rights of EU citizens. The case will have a big impact on companies who are relying on safe harbor certification, including US companies who transfer EU customer or employee information to the States. We asked Patricia Wagner what steps companies can take to remain compliant.

    This is an extended interview, an excerpt of which was featured as the top story in Employment Law This Week, Episode 2 (Oct. 26, 2015): youtube.com/watch?v=xhCaxobZc2k

    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 - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new episode!

    This week's topics...

    (1) The CJEU Invalidates EU-US Safe Harbor - http://bit.ly/1NYDD9c
    Our top story this week: The European Court of Justice rejects the US-EU Safe Harbor program. The case was brought by a Facebook user in Ireland, who raised concerns about the transfer of his data to the US due to the NSA’s Prism program. The Court ruled that the 15-year-old Safe Harbor rule does not adequately protect the privacy rights of EU citizens.

    (2) DOL’s Wage Rule for Home Care Workers
    The Supreme Court clears the way for the Department of Labor’s home care worker wage rule. The high court recently denied a stay of the D.C. Circuit’s decision, and the new rule extending Fair Labor Standards Act protections to most home care workers will go into effect November 12, 2015.

    (3) Increased Scrutiny on Mandatory Employment Arbitration - http://bit.ly/1GnitiK
    Mandatory arbitration agreements under legislative pressure in California - Governor Jerry Brown recently vetoed a bill prohibiting mandatory employment arbitration agreements, but further legislation is likely to follow. Meanwhile, the 9th Circuit has affirmed the state rule that claims under California’s Private Attorneys General Act are not subject to arbitration.

    (4) On-Call Scheduling and Wage Theft
    Both BCBG and Forever 21 have been hit with class-action wage theft suits over on-call scheduling. Many retailers are ending this practice, including Urban Outfitters, which was cited for possible violations of New York's requirement to pay hourly staff for at least four hours when they report for work.

    (5) In-House Counsel Tip of the Week
    Attorney Benjamin Bair, Global Head of Investigations and Whistleblowing, advises on how to build an effective whistleblowing program. This includes training managers to recognize a potential claim, to handle properly and investigate thoroughly to resolve issues in the best way possible for everyone involved.

    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.

    # vimeo.com/143431120 Uploaded 8 Views 0 Comments
  4. Welcome to Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new episode!

    This week's topics include...

    (1) The NLRB Adopts a New Joint-Employer Standard - http://bit.ly/1RUeZoX
    Our top story this week: A new standard for a new economy from the National Labor Relations Board. In its recent Browning-Ferris decision, the NLRB loosened the standard for determining who qualifies as a joint employer. Featuring an interview attorney Steven Swirsky.

    (2) A Rise in FCRA Litigation - http://bit.ly/1XhRFV2
    Increased scrutiny on background checks across the country: We’ve seen a recent uptick in Fair Credit Reporting Act class action suits, focused on the notification process for background checks for new employees.

    (3) Preparing for the ACA’s Cadillac Tax - http://bit.ly/1GnQtej
    The Affordable Care Act’s looming Cadillac Tax - how should you prepare? Despite a bipartisan push against the so-called Cadillac Tax, which taxes insurance benefits that exceed certain thresholds at a 40% rate, it’s set to go into effect in 2018.

    (4) OSHA Increases Scrutiny - http://bit.ly/1M4xqC8
    OSHA targets the health care and nursing care industries: OSHA recently increased its focus on both in-patient and out-patient facilities. Fines have historically been very low, but the agency recently cited medical patient transportation company LifeFleet for several violations totaling more than $235,000.

    (5) In-House Counsel Tip of the Week
    Attorney and compliance professional Rebecca White on developing a rapport with colleagues in Compliance and Regulatory, a look at the regulatory context when handling employment law cases, and making sure the case won’t result in future repercussions.

    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.

    # vimeo.com/143034921 Uploaded 9 Views 0 Comments
  5. In its recent Browning-Ferris decision, the NLRB loosened the standard for determining who qualifies as a joint employer. Epstein Becker Green attorney Steven Swirsky, who has written extensively on the issue, discusses its implications. This is an extended interview, an excerpt of which was featured as the top story in Employment Law This Week.

    More on the NLRB's decision ---> managementmemo.com/2015/08/28/nlrb-redefines-and-expands-joint-employer-status/
    Full episode of Employment Law This Week ---> vimeo.com/143034921

    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.

    # vimeo.com/143032679 Uploaded 6 Views 0 Comments

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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