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

    (1) No More Delays for Fiduciary Rule
    Our top story: The Department of Labor’s (DOL’s) “Fiduciary Rule” will go into effect on June 9. The controversial rule will require financial professionals who advise clients on retirement accounts to promote suitable products and act in the best interests of their clients. Secretary of Labor Alexander Acosta announced in a Wall Street Journal op-ed that there is “no principled legal basis” to delay the rule, although full enforcement won’t begin until 2018. The DOL intends to issue a Request for Information to seek public opinion on revisions and related exemptions. Sharon Lippett, from Epstein Becker Green, has more.

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

    (2) DOL Takes Steps to Rescind Persuader Rule
    While the Fiduciary Rule will stand, the “Persuader Rule” is on the chopping block. The DOL has begun the process of rescinding the Persuader Rule, which would have required employers and consultants, including lawyers, to report activity related to union organizing campaigns and other matters. The Obama-era regulation never took effect because a Texas federal judge issued a nationwide permanent injunction blocking it last year. Before the DOL’s proposal can take effect, it will need to engage in formal rule-making, which includes publishing its proposed withdrawal of the rule and allowing for public review and comment.

    (3) Second Circuit to Reconsider Sexual Orientation Protections Under Title VII
    The U.S. Court of Appeals for the Second Circuit will reconsider whether sexual orientation is protected under federal discrimination law. The court has granted an en banc rehearing to address whether Title VII of the Civil Rights Act of 1964 (Title VII) covers discrimination on the basis of sexual orientation. The case involves a skydiving instructor who claims that he was fired after he told a customer he was gay. The three-judge panel was bound in its initial finding by a 2000 precedent, in which the Second Circuit found that sexual orientation discrimination is not covered under the law. Earlier this year, the Seventh Circuit broke with its own similar precedent, becoming the first appellate court to hold that Title VII protections apply to sexual orientation.

    For more, click here: http://bit.ly/2rN2VlZ

    (4) New Legislation to Overhaul NLRA
    House Republicans introduced new proposed legislation to overhaul the National Labor Relations Act (NLRA). Republicans in Congress have restarted their effort to amend the nation’s labor law. The legislation would make it more difficult for unions to organize workers and easier for workers to “opt out.” This legislation, known as the Employee Rights Act, would usher in the most substantial changes to the NLRA since the 1940s. Also, this legislation would mandate that a union win a government-conducted secret ballot election and would ban the “card check” agreements that many unions have been relying on in recent years.

    (5) Tip of the Week

    Joan Brunelle, Chief Human Resources Officer for Bessemer Trust, has some advice on best practices for resolving issues between executives:

    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. The California Supreme Court clarifies the state’s ambiguous “day of rest” provisions. The provisions state that, with certain exceptions, employers will not cause “employees to work more than six days in seven.” The state’s high court addressed three questions about this law that had been certified by the U.S. Court of Appeals for the Ninth Circuit. The court determined that employees are entitled to one day of rest per workweek. So, every Sunday marks the beginning of a new seven-day period. Additionally, the court clarified that employees who work six hours or less during each day of the week are not entitled to a day of rest and that employees can choose not to take the day of rest if they are fully aware of the entitlement. Kevin Sullivan, from Epstein Becker Green, has more.

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

    This is a segment from Employment Law This Week® (Episode 73: Week of May 22nd, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=dNLWSXT53jw

    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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  3. Jonathan Bayer, Managing Director, General Counsel, and Chief Compliance Officer of Sagent Advisors, has some advice on the best way to protect your firm.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 73: Week of May 22nd, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=dNLWSXT53jw

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

    (1) Clarity on California’s “Day of Rest” Provisions
    Our top story: The California Supreme Court clarifies the state’s ambiguous “day of rest” provisions. The provisions state that, with certain exceptions, employers will not cause “employees to work more than six days in seven.” The state’s high court addressed three questions about this law that had been certified by the U.S. Court of Appeals for the Ninth Circuit. The court determined that employees are entitled to one day of rest per workweek. So, every Sunday marks the beginning of a new seven-day period. Additionally, the court clarified that employees who work six hours or less during each day of the week are not entitled to a day of rest and that employees can choose not to take the day of rest if they are fully aware of the entitlement. Kevin Sullivan, from Epstein Becker Green, has more.

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

    (2) Tenth Circuit Revives Title VII Claim

    The Tenth Circuit held that quid pro quo and hostile work environment harassment can be based on the same facts. A male mechanic filed a lawsuit alleging both quid pro quo and hostile work environment discrimination, claiming that he was terminated for refusing the advances of his female supervisor. In his initial Equal Employment Opportunity Commission (EEOC) charge, the mechanic said that he was harassed but did not include any further details. The district court dismissed all claims except for the hostile work environment claim, finding that the quid pro quo claim was not raised in the EEOC charge. A split Tenth Circuit reversed, holding that the details of the quid pro quo claim were not needed in the EEOC charge for the claim to survive, because quid pro quo and hostile work environment harassment are not separately recognizable claims under Title VII of the Civil Rights Act of 1964.

    (3) Federal Judge Finds Joint Employer in Guest Worker Suit

    A district judge in Florida has ruled that a citrus company is a joint employer with a labor contractor that supplied it with workers. The case involves a class of more than 150 guest workers under the H-2A visa program who allege that they were not paid proper wages. The labor contractor that hired and supplied the workers maintained control over their transportation, housing, and equipment. And the judge found that the citrus company’s control over the work, method of payment, benefits, and location of the work supported a finding that the citrus company was a joint employer.

    (4) New Employment Laws in Georgia

    Georgia has ushered in new employment laws. A new state measure favoring businesses that use “on call” or “predictive” scheduling prohibits cities and other local governments from mandating additional pay for cancelled shifts and schedule changes. And the newly signed Family Care Act requires businesses with 25 or more employees that provide paid sick leave to allow employees to use five of those days to care for immediate family members. Both laws will go into effect on July 1, 2017.

    (5) Tip of the Week

    Jonathan Bayer, Managing Director, General Counsel, and Chief Compliance Officer of Sagent Advisors, has some advice on the best way to protect a firm:

    “I think it’s important that you protect the firm. It’s one of the key components of the job, if not the primary component of it. But it’s important to protect the firm while being commercial. And it’s important to be user-friendly. And, at times, you may have to say ‘no’ to the business team. It’s better if that’s a collaborative effort between the business and the legal department. You don’t want to be a hindrance to doing business, so it’s important to get buy-in from senior management.”

    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. Out-of-state contractors could be liable for directing background checks on independent contractors in New York. Two workers were terminated after their criminal history was discovered during a background check. They worked for a New York company whose contract with a national company required their termination. The employees sued both companies under the New York State Human Rights Law. Addressing the law’s criminal history discrimination provision, the New York Court of Appeals held that only an employer can directly violate the statute. But an out-of-state company that requires a New York employer to discriminate against employees or applicants based on their convictions can be held liable as an aider and abettor. Nancy Gunzenhauser, from Epstein Becker Green, has more.

    This is a segment from Employment Law This Week® (Episode 70: Week of May 15th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=tYHU0H3Jofw

    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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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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