1. Browning-Ferris is challenged in the U.S. Court of Appeals for the District of Columbia Circuit. The controversial 2015 Browning-Ferris decision by the National Labor Relations Board (NLRB) loosened the test for finding contractors, temporaries, and others to be joint employers. Browning-Ferris Industries (BFI) is now challenging that decision in the DC Circuit, arguing that the new “joint employer” definition is overly broad and inconsistent with the law on the issue. In oral arguments, the panel expressed doubts about the NLRB standard, with Judge Patricia Millett commenting that the agency had “dropped the ball.” Laura Monaco, from Epstein Becker Green, has more:

    This is a segment from Employment Law This Week® (Episode 64: Week of March 20th, 2017), an online series by Epstein Becker Green. youtube.com/edito=U&video_id=jMwvDeYwxwE

    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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  2. Tasneem Goodman, Managing Director at GrowthPlay, has some advice on the business advantages of a corporate culture of giving.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 64: Week of March 20th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=jMwvDeYwxwE

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

    (1) DC Circuit Considers NLRB’s Browning-Ferris Decision

    Our top story: Browning-Ferris is challenged in the U.S. Court of Appeals for the District of Columbia Circuit. The controversial 2015 Browning-Ferris decision by the National Labor Relations Board (NLRB) loosened the test for finding contractors, temporaries, and others to be joint employers. Browning-Ferris Industries (BFI) is now challenging that decision in the DC Circuit, arguing that the new “joint employer” definition is overly broad and inconsistent with the law on the issue. In oral arguments, the panel expressed doubts about the NLRB standard, with Judge Patricia Millett commenting that the agency had “dropped the ball.” Laura Monaco, from Epstein Becker Green, has more:

    “What BFI has pointed out to the DC Circuit, both in its brief and in that oral argument, is that the new test really doesn’t just focus on whether or not an employer has direct and immediate control. And what BFI is arguing is that this really goes beyond the scope of what Congress intended when it enacted the National Labor Relations Act ... it’s too early to tell how the circuit will come out, but certainly some of the panel, at least, seem to express concern about the Board's expanded test.”

    For more, click here: http://bit.ly/2mWIak8

    (2) Third Circuit Finds Title IX Covers Medical Residents

    The Third Circuit has found that medical residents can be covered under Title IX. A former medical resident in Pennsylvania filed a retaliation claim under Title IX as a student, alleging she was forced out of the resident program for refusing an attending physician’s sexual advances. The hospital argued that she was required to file an Equal Employment Opportunity Commission charge under Title VII, which protects employees. A district court dismissed the suit, finding that the resident program is not an “education program or entity” as Title IX defines those terms. The Third Circuit disagreed, ruling that the hospital’s program could fall under Title IX since the hospital received payments from the federal government and was affiliated with a university.

    (3) Tenth Circuit Says Server Can File Minimum Wage Claim

    A server’s minimum wage claim can move forward. The Tenth Circuit has reversed the dismissal of a restaurant server’s Fair Labor Standards Act (FLSA) claim. The district court dismissed the case because the server did not allege that she made less than the federal minimum wage, between tips and cash wages. The server did allege, however, that the restaurant improperly treated her tips as wages because she performed “non-tipped” tasks during work hours. The Tenth Circuit found that, before dismissing the case, the district court should have ruled on whether the employer was entitled to treat the server’s tips as wages under the FLSA.

    (4) USCIS to Suspend Premium Processing for H-1B Applications

    The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will temporarily suspend premium processing of H-1B petitions, starting April 3, 2017. This suspension will apply to all H-1B petitions, including those that are part of any lottery filed on or after April 3. With premium processing, businesses can pay an additional fee to have applications reviewed in 15 days or less, as opposed to the normal six to eight months. According to the USCIS, the suspension could last up to six months.

    (5) Tip of the Week

    Tasneem Goodman, Managing Director at GrowthPlay, has some advice on the business advantages of a corporate culture of giving.

    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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  4. California health care workers can still waive some breaks. In February 2015, a California appeals court invalidated an order from the Industrial Welfare Commission (IWC) that allowed health care workers to waive certain meal breaks. The court found the order, which allowed the workers to miss one of their two meal periods when working over eight hours, was in direct conflict with the California Labor Code. The state legislature then passed a new law giving the IWC authority to craft exceptions going forward for health care workers. This month, the appeals court concluded that its 2015 decision was based on a misreading of the statute and that even waivers occurring before the new law are valid. Kevin Sullivan, from Epstein Becker Green, has more.

    This is a segment from Employment Law This Week® (Episode 63: Week of March 13th, 2017), an online series by Epstein Becker Green. youtu.be/yW-xH2_B_b4

    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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  5. Laura Cappiello, Head of Human Capital Management and Deputy General Counsel at BlueMountain Capital Management, has some advice on best practices for onboarding employees.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 63: Week of March 13th, 2017), an online series by Epstein Becker Green. youtu.be/yW-xH2_B_b4

    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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