Employment Law This Week®: NYC Salary History Legislation, EEOC Subpoena Ruling, Fiduciary Rule Delay, Broad Whistleblower Protections

Episode 68: Week of April 17, 2017

Click above or watch via YouTube, Vimeo, MP4, or WMV.  

We invite you to view 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 five-minute episode!  Read the firm's press release here and subscribe for updates.

This week’s stories include ...

(1) NYC Prohibits Salary History Inquiries

Our top story this week: New York City prohibits inquiries into the salary history of job applicants. The City Council has passed legislation that bars public and private employers in New York City from asking about, or seeking to confirm, information regarding any job applicant’s current or prior wages, benefits, and other compensation. New York City now joins Philadelphia and Massachusetts in prohibiting inquiries into salary history. Susan Gross Sholinsky, from Epstein Becker Green, goes into further detail.

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

(2) Supreme Court Rules on EEOC Subpoenas

Circuit courts should only review the scope of Equal Employment Opportunity Commission (EEOC) subpoenas for abuse of discretion by the trial court. That’s according to the Supreme Court of the United States, adopting a standard deferential to district courts on EEOC subpoenas. In the case in question, an Arizona district court granted an employer’s motion to quash the portion of an EEOC subpoena that it contended sought information that was irrelevant. The EEOC appealed to the U.S. Court of Appeals for the Ninth Circuit, which reviewed the matter de novo and held that the full subpoena should be enforced. The Supreme Court reversed, sending the case back to the Ninth Circuit, where it will apply the newly clarified standard of review.

(3) Department of Labor Delays Fiduciary Rule

The U.S. Department of Labor (DOL) has issued a final rule delaying the applicability date of the “Fiduciary Rule” by 60 days. The Fiduciary Rule, which applies to persons that provide fiduciary investment advice, including advisers and financial institutions, has now been put on hold until June 9, 2017. Other requirements of the Fiduciary Rule, such as specific disclosures, are not scheduled to become applicable until January 1, 2018. During this time, the DOL plans to continue its review of the Fiduciary Rule as directed by President Trump.

Click here for more: http://bit.ly/2p3w9vq

(4) Court Confirms Broad Reach of Whistleblower Protections

A district court in Florida has confirmed the broad reach of Sarbanes-Oxley (SOX) whistleblower protections. An employee for a management company raised concerns about potentially inadequate information security and problems with financial reporting. The employee was terminated and subsequently brought a retaliation claim against her employer. In a motion to dismiss, the company argued that the employee's concerns fell outside the protection of SOX, but the court found the disclosures about the company’s perceived weak internal controls were, in fact, protected under the law.

(5) Tip of the Week

Andrew Smith, Head of Employment Law for Standard Chartered Bank, shares some advice on avoiding pitfalls in the recruitment process.

Tune in each week for developments that may affect your business. Click here to subscribe by email - select the checkbox next to Employment Law This Week.

Trouble viewing the video? Please contact [email protected] and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!

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