1. James Gelfand, Senior Vice President of Health Policy for The ERISA Industry Committee (ERIC), is back this week with more on updating health insurance coverage for 2017—this time, with advice on dealing with new nondiscrimination requirements.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 52: Week of December 12, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=Vv9vdB_HTnM

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

    This week's stories include . . .

    (1) Connecticut District Court: Title VII Covers Sexual Orientation

    Our top story: Title VII of the Civil Rights Act of 1964 (Title VII) covers sexual orientation, says one federal district court. A former teacher in Connecticut filed suit, claiming that she was mistreated by her school because she is a lesbian. The school sought dismissal, arguing that Title VII doesn’t extend to sexual orientation discrimination. The district court denied the school’s summary judgment motion, finding that Title VII’s protection against discrimination based on sex extends to sexual orientation discrimination. Federal courts across the country have been wrestling with this issue over the last few months, as we’ve covered here, and a split among the circuits could be brewing. Jennifer Barna, from Epstein Becker Green, comments:

    “There's a bit of a turning of the tide at the district court level, where district courts are more broadly interpreting what it means to have sex discrimination under Title VII, and they're including sexual orientation discrimination claims. ... Many employers already have in place policies that prohibit discrimination based on sexual orientation, and, indeed, that is the law under the anti-discrimination statutes in about half the states and even some localities. I think it's a good reminder for employers to make decisions that are based on legitimate business reasons and not anything that could be or is a protected category, but certainly I think employers are going to need to keep an eye on this issue, and, if the trend continues, employers who don't already have these policies in place are going to need to revise their policies to include a prohibition on sexual orientation discrimination.”

    Click here for more on this Title VII issue: http://bit.ly/2gio0KZ

    (2) DOL Appeals Temporary Injunction on Overtime Laws

    As we reported last week, a Texas federal court ruled that the U.S. Department of Labor (DOL) does not have the authority to implement new salary thresholds for overtime. The district judge issued a nationwide preliminary injunction on the DOL’s new rules and the department appealed. The DOL has now asked for an expedited briefing on its appeal to be completed by February 7, followed by oral arguments as soon as possible. But the Trump administration will be in place by then, and that could change the DOL’s position. We will continue to monitor developments in this case and the new administration’s position.

    Click here for more: http://bit.ly/2gJgmKw

    (3) DOJ Publishes Final Rule for Movie Theaters

    A new rule requires more accommodations at movie theaters for customers with disabilities. The U.S. Department of Justice (DOJ) has issued a final rule that requires movie theaters across the country to offer closed captioning and audio description for digital movies. The final rule also calls for movie theaters to have at least one staff member on site who can locate, operate, and troubleshoot the equipment. The final rule will take effect January 17, 2017.

    (4) Los Angeles City Council Approves “Ban the Box” Law

    The Los Angeles City Council recently passed a law that will prevent some employers from asking job applicants to disclose their criminal history before a conditional offer of employment is made. The Fair Chance Initiative will apply to private employers and city contractors with 10 or more employees. Twenty-three states and more than 100 cities and counties across the nation have implemented similar “ban the box” measures. The Los Angeles initiative heads to Mayor Eric Garcetti, who is expected to sign it into law.

    (5) Tip of the Week

    James Gelfand, Senior Vice President of Health Policy for The ERISA Industry Committee (ERIC), is back this week with more on updating health insurance coverage for 2017—this time, with advice on dealing with new nondiscrimination requirements.

    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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  3. A federal court in Texas has temporarily enjoined new exemption rules issued by the U.S. Department of Labor (DOL). The rules, which would have dramatically increased salary thresholds for overtime exemptions, were set to go into effect on December 1. The district court judge found that the 21 states that brought the suit established a prima facie case that the DOL overstepped its authority in establishing the new rules. Because the Fair Labor Standards Act makes no reference to salary thresholds, the court found that any new thresholds might have to be created by Congress and not the DOL. If the injunction is made permanent, it could be the beginning of a lengthy appeals process, which would leave employers in limbo. Jeffrey Ruzal, from Epstein Becker Green, comments.

    For more information, click here: http://bit.ly/2gErAQW

    This is a segment from Employment Law This Week® (Episode 51: Week of December 5, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=e_MdUCBvmDw

    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. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. Last week, as part of the 21st Century Cures Act, the U.S. House of Representatives passed new mental health reform legislation intended to step up enforcement of rules requiring that insurers cover mental health care at the same level as they cover physical health care. The legislation could impact employers’ health insurance plans. For this week’s Tip of the Week, James Gelfand, Senior Vice President of Health Policy for The ERISA Industry Committee (ERIC), has some advice on how employers should update their plans in 2017 in order to remain compliant:

    Click here for more: http://bit.ly/2gZSjL5

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 51: Week of December 5, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=xw1npQuaE1o&feature=youtu.be

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

    This week's stories include . . .

    (1) District Court Enjoins FLSA Overtime Rules

    Our top story: A federal court in Texas has temporarily enjoined new exemption rules issued by the U.S. Department of Labor (DOL). The rules, which would have dramatically increased salary thresholds for overtime exemptions, were set to go into effect on December 1. The district court judge found that the 21 states that brought the suit established a prima facie case that the DOL overstepped its authority in establishing the new rules. Because the Fair Labor Standards Act makes no reference to salary thresholds, the court found that any new thresholds might have to be created by Congress and not the DOL. If the injunction is made permanent, it could be the beginning of a lengthy appeals process, which would leave employers in limbo. Jeffrey Ruzal, from Epstein Becker Green, comments.

    For more information, click here: http://bit.ly/2gErAQW

    (2) New York State Overtime Laws Likely to Proceed

    While overtime expansion is stalled at the federal level, New York State’s plan to increase salary thresholds remains on track. The comment period for the proposed increase closed on December 3. Under the rule, thresholds for exempt employees would rise to $825.00 per week for large employers in New York City and $787.50 per week for employers in Nassau, Suffolk, and Westchester Counties. If the New York State Department of Labor proceeds with the new rule, it will go into effect on December 31 of this year.

    Read a recent blog post on this topic : http://bit.ly/2gdhmqa

    (3) EEOC Issues Updated Guidelines on National Origin Discrimination

    The Equal Employment Opportunity Commission (EEOC) released updated guidance on national origin discrimination. The new guidelines address legal developments on issues like human trafficking and harassment in the workplace. The guidance includes over 30 examples of national origin discrimination, as well as best practices to reduce the risk of violation. The guidance also states that, if an employee’s accent “materially interferes” with his or her ability to communicate in spoken English and effective spoken communication in English is a job requirement, an employer can legally move that worker.

    Click here for more: http://bit.ly/2h01yLj

    (4) USCIS Increases Stability for Foreign Workers

    The U.S. Citizenship and Immigration Services (USCIS) has issued a final rule that makes it easier for employers to sponsor and retain skilled foreign workers. The rule gives added job flexibility and protection to foreign workers in H-1B status or who are stuck in a long green card application process. USCIS’s rule also expands the eligibility of certain employers for H-1B cap exemptions and adds grace periods, so certain skilled workers can remain in the country for limited periods while in between jobs.

    Click here for more information: http://bit.ly/2gLwiiN

    (5) Tip of the Week

    Last week, as part of the 21st Century Cures Act, the U.S. House of Representatives passed new mental health reform legislation intended to step up enforcement of rules requiring that insurers cover mental health care at the same level as they cover physical health care. The legislation could impact employers’ health insurance plans. For this week’s Tip of the Week, James Gelfand, Senior Vice President of Health Policy for The ERISA Industry Committee (ERIC), has some advice on how employers should update their plans in 2017 in order to remain compliant:

    Click here for more: http://bit.ly/2gZSjL5

    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

Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at http://www.ebglaw.com/employment-law-this-week/

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