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

(1) DOL Will Not Defend Salary Levels in Obama-Era Overtime Rule

Our top story: The Department of Labor (DOL) will not defend the salary levels in the Obama-era overtime rule. In a long-awaited reply brief to the U.S. Court of Appeals for the Fifth Circuit, the DOL stated that it will not seek to defend its overtime rule, which was the subject of a November 2016 nationwide injunction. The DOL did, however, ask the appeals court to affirm that the agency has the authority to set an overtime exemption salary threshold level. According to the brief, the DOL plans to undertake further rulemaking to establish a revised exempt salary threshold. That threshold is likely to be lower than the $913 per week minimum in the rule that was enjoined. Jonathan Brenner, from Epstein Becker Green, has more.

(2) Trump Taps Janet Dhillon to Head EEOC

Trump has tapped Janet Dhillon to be Chair of the Equal Employment Opportunity Commission (EEOC). Dhillon is currently General Counsel at Burlington Stores—a position she previously held at JC Penney. If confirmed, Dhillon will take over for Victoria Lipnic, who is currently serving as Acting Chair. One more vacancy is expected to open up on the five-member EEOC when former Chair Jenny Yang’s extended term ends.

(3) DOL Will Reinstate Issuance of Opinion Letters

The DOL will bring back opinion letters. Prior to 2010, Wage and Hour Division opinion letters addressed specific questions presented by employers or employees requesting an opinion regarding the application of the Fair Labor Standards Act or Family and Medical Leave Act to specific circumstances. In 2010, opinion letters were replaced with “Administrator’s Interpretations,” which offer general clarification on the interpretation of a statute or regulation. Opinion letters are direct, public responses to fact-specific questions that can be used in court to help prove a “good faith” defense.

For more, click here: http://bit.ly/2uy3YEI

(4) Tenth Circuit Creates Split on Tipping Rule

The Tenth Circuit has created a split on tip credits. A 2011 DOL wage rule states that tips are the property of the employee who receives them, regardless of whether the employer takes a tip credit. In this case, a worker was paid an hourly rate above the minimum wage in addition to tips. She sued her employer for violating the rule by allegedly withholding her tips. The Tenth Circuit affirmed the dismissal of the employee’s claim, finding that the DOL exceeded its authority in protecting tips when the tip credit was not used to meet the minimum wage obligation. This decision is at odds with a Ninth Circuit ruling on the same issue. With a Supreme Court appeal pending in the Ninth Circuit case, it’s likely that the High Court will take up this issue and resolve the split on tips.

For more, click here: http://bit.ly/2sNVEn5

(5) Tip of the Week

Ira Hammerman, EVP and General Counsel for SIFMA, shares some tips on how to advise business partners when dealing with the financial regulatory environment:

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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 “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.

The Equal Employment Opportunity Commission (EEOC) argues that Title VII covers sexual orientation discrimination. The EEOC laid out its position on sexual orientation protections in an amicus brief requested by the U.S. Court of Appeals for the Second Circuit. The court is conducting an en banc review of a case involving a skydiver who claimed that he was fired for disclosing his sexual orientation to a customer. Relying on Second Circuit precedent, a three-judge panel found that sexual orientation was not covered under the law. The court en banc will decide whether that precedent should stand. Sheila Woolson, from Epstein Becker Green, has more.

This is a segment from Employment Law This Week® (Episode 78: Week of July 3rd, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=b-YHOIpldXo

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

Cecelia Block, Human Resources Director for The Economist Group, shares some of the top considerations to keep in mind before making changes to your health benefits plan.

This is a "Tip of the Week" segment from Employment Law This Week® (Episode 78: Week of July 3rd, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=b-YHOIpldXo

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.

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

(1) EEOC Weighs In on Second Circuit Sexual Orientation Discrimination Case

Our top story: The Equal Employment Opportunity Commission (EEOC) argues that Title VII covers sexual orientation discrimination. The EEOC laid out its position on sexual orientation protections in an amicus brief requested by the U.S. Court of Appeals for the Second Circuit. The court is conducting an en banc review of a case involving a skydiver who claimed that he was fired for disclosing his sexual orientation to a customer. Relying on Second Circuit precedent, a three-judge panel found that sexual orientation was not covered under the law. The court en banc will decide whether that precedent should stand. Sheila Woolson, from Epstein Becker Green, has more:

(2) Trump Nominates Kaplan and Emanuel to NLRB

President Trump announced his picks for National Labor Relations Board (NLRB) vacancies. The White House has announced the nomination of Marvin Kaplan and William Emanuel to fill two vacant seats on the NLRB. Kaplan currently serves as counsel for the Occupational Safety and Health Review Commission and previously worked for House Republicans. Emanuel is a management-side labor lawyer in Los Angeles. Both nominees are expected to be confirmed, which would give the NLRB its first Republican majority in nine years. The newly constituted NLRB will most likely reconsider a number of policy changes instituted by the Obama-era NLRB.

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

(3) Supreme Court Reinstates Limited Parts of Trump’s Travel Ban

Limited portions of President Trump’s travel ban have been reinstated. The Supreme Court of the United States has decided to hear arguments on the travel ban cases when it reconvenes in October. Until then, the Supreme Court has narrowed the scope of the lower courts’ temporary injunctions, allowing the ban to stop the admission of foreign nationals with no bona fide connections to the United States. In most cases, this standard should not affect foreign students or foreign nationals working for employers in the United States. However, this standard may restrict foreign nationals seeking to visit or come here as refugees because recent State Department guidance limits the definition of a “bona fide relationship” to a parent, spouse, son, daughter, son-in-law, daughter-in-law, or sibling already in the United States.

For more, click here: http://bit.ly/2spiS2v

(4) High Court Takes on Whistleblower Split

The Supreme Court also announced last week that it will review the scope of whistleblower protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Supreme Court will hear an appeal from Digital Realty Trust out of the Ninth Circuit. The lower court ruled against the company, which fired an executive after he complained internally about alleged misconduct. The company is arguing that, because the executive did not report to the Securities and Exchange Commission, he is not entitled to whistleblower protections. The Supreme Court’s ruling will resolve a circuit split on the issue.

(5) Tip of the Week

Cecelia Block, Human Resources Director for The Economist Group, shares some of the top considerations to keep in mind before making changes to your health benefits plan:

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.

The verdict is in: Winn-Dixie must make its website accessible. A visually-impaired individual sued the grocery chain because his screen reader could not process the store locator and coupon sections of the chain’s website. In what is believed to be the first federal decision on website accessibility, a Florida district judge found that Winn-Dixie violated Title III of the ADA by not providing a fully accessible public website. He ordered the grocery chain to make the entire website accessible, even sections that may be run by a third party. Joshua Stein, from Epstein Becker Green, has more.

This is a segment from Employment Law This Week® (Episode 76: Week of June 26th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=TikkNuylWXI

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.