1. Ann Rhoades, President of Peopleink, has some advice on best practices for building a values-based organization.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 108: Week of March 12, 2018), an online series by Epstein Becker Green. youtu.be/LUitK-bEJc8

    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.

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  2. Federal #MeToo legislation aimed at public companies is introduced in Congress. The Sunlight in Workplace Harassment Act, introduced in both the House and the Senate in February, would require public companies to report information related to harassment and discrimination settlements and complaints in their SEC filings. Reports would have to include the number and dollar amount of settlements, the average length of time that it takes to resolve complaints, and the total number of harassment and discrimination complaints. In addition, the bill would require information about an employer’s efforts to prevent future acts of unlawful harassment, discrimination, or sexual abuse. Beth McManus, from Epstein Becker Green, has more.

    This is an extended interview from Employment Law This Week® (Episode 108: Week of March 12, 2018), an online series by Epstein Becker Green. youtu.be/LUitK-bEJc8

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

    (1) Congress Introduces Sunlight in Workplace Harassment Act

    Our top story: Federal #MeToo legislation aimed at public companies is introduced in Congress. The Sunlight in Workplace Harassment Act, introduced in both the House and the Senate in February, would require public companies to report information related to harassment and discrimination settlements and complaints in their SEC filings. Reports would have to include the number and dollar amount of settlements, the average length of time that it takes to resolve complaints, and the total number of harassment and discrimination complaints. In addition, the bill would require information about an employer’s efforts to prevent future acts of unlawful harassment, discrimination, or sexual abuse. Beth McManus, from Epstein Becker Green, has more.

    (2) NLRB Asks D.C. Circuit to Review Browning-Ferris

    The National Labor Relations Board (“NLRB” or “Board”) has asked the U.S. Court of Appeals for the District of Columbia Circuit to reopen its review of the Board’s Browning-Ferris joint-employer test. As we reported last week, the Board has vacated its December 2017 decision in Hy-Brand, which had overturned the Browning-Ferris “indirect control” standard and re-adopted a “direct control” test for joint employment. If the court revisits the case, it can uphold or reject the test set in Browning-Ferris, or it can send that case back to the NLRB, which could again replace the Browning-Ferris standard with a standard like the one in Hy-Brand.

    For more, click here:

    (3) Guidance Published on MA Pay Equity Law

    There is clarity for Massachusetts employers. The Massachusetts Attorney General recently published guidance on the state’s upcoming pay equity law. The long-awaited guidance answers frequently asked questions about the law; defines important terms, like “covered employers”; and details permissible variations in pay, among other topics. The Attorney General’s office will partner with business associations on webinars and events in the coming weeks to give employers more information on the law, which will go into effect on July 1, 2018.

    For more, click here:

    (4) DOL Launches PAID Pilot Program

    The U.S. Department of Labor (“DOL”) launched a new program to get employees P-A-I-D. Under the Wage and Hour Division’s Payroll Audit Independent Determination, or “PAID,” program, employers that choose to participate will self-audit their overtime and minimum wage practices. The employers submit their audits and, if the Wage and Hour Division agrees, pay employees any wages owed to them. Those that self-report can avoid heavy fines and work with the Wage and Hour Division to correct any mistakes. The DOL will implement the pilot program nationwide for about six months before evaluating it.

    (5) Tip of the Week

    Ann Rhoades, President of Peopleink, has some advice on best practices for building a values-based organization:

    “Creating a values-based organization begins with defining who you want to be, by blueprinting the values. And along with that, you also blueprint the behaviors behind each of the values. Secondly, you also then start hiring people who have not only the competencies you’re looking for, but the values. Next, you have to think about ... does every employee brand your organization around the values the way you want them to? In other words, are they mirroring what you've defined as your brand? Because your employees are your brand. And last, but not least, great organizations that are values-based have a continuous discipline model that is all about everyone being engaged in achieving their goals.”

    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. Kate Bally, from Thomson Reuters, is back, this time with some advice on going beyond job titles for compliant exemptions

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 107: Week of March 5, 2018), an online series by Epstein Becker Green. youtu.be/_HpMHkLmM88

    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.

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

    (1) Second Circuit: Title VII Covers Sexual Orientation Discrimination

    Our top story: “Legal doctrine evolves.” Those words from the U.S. Court of Appeals for the Second Circuit spoke volumes as the court ruled that Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination, overturning their own long-standing precedent. The court ruled in favor of a skydiving instructor who claimed that he was fired for telling a client that he was gay. Nathaniel Glasser, from Epstein Becker Green, has more:

    “The majority opinion began by looking at whether sex is a motivating factor in the alleged unlawful practice. And, in this case, looking at sexual orientation discrimination, the court concluded that sex is a factor and inextricably linked to sexual orientation, and therefore sexual orientation acts as a proxy for sex. The Second Circuit now joins the Seventh Circuit in finding that Title VII does protect against sexual orientation discrimination, and deepens a circuit split with the Eleventh Circuit, which went the other way last year. Because of that circuit split, we would expect this issue to be taken up by the Supreme Court. The question is just when that will happen. In the meantime, we would expect that other circuits will consider these issues and, especially because the Second Circuit decision was so broad and considered so many issues, there's a good chance that at least one of those theories will be adopted by other circuits around the country.”

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

    (2) NLRB Vacates Hy-Brand Joint-Employer Decision

    The National Labor Relations Board’s (“Board’s”) Browning-Ferris test is once again the law of the land. A three-member panel has reversed the Board’s December Hy-Brand decision, which had nixed the Browning-Ferris joint-employer test and returned to a “direct control” standard. The reversal comes after an inspector general report that found that Member William Emanuel should have recused himself. The Browning-Ferris test considers a company a “joint employer” if it has the right to exercise either direct or “indirect control” over employees. Once the Senate acts on the nomination of Republican John Ring to fill the Board’s vacant fifth seat, the Board is expected to once again roll back Browning-Ferris with a test like the one in Hy-Brand.

    For more, click here: http://bit.ly/2oB6to7

    (3) Supreme Court: Dodd-Frank Protections Are Limited

    The Supreme Court of the United States has ruled that whistleblower protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) apply only to those who report violations to the Securities and Exchange Commission (“SEC”). Dodd-Frank protects whistleblowers from termination, demotion, and harassment. People who report to the SEC, to other regulatory or law enforcement agencies, or to company management are still protected under the 2002 Sarbanes-Oxley Act. Dodd-Frank’s anti-retaliation provision permits whistleblowers to recover double back-pay damages—Sarbanes Oxley does not.

    For more, click here: http://bit.ly/2t8jJp2

    (4) Eleventh Circuit Revives Equal Pay Suit

    Equal Pay gets another day in court. The Eleventh Circuit has revived an equal pay suit against an auto auction company. A female employee sued the company after learning that her male predecessor had been paid almost 45 percent more for the exact same role. The lower court ruled in the company's favor but the Eleventh Circuit reinstated the claim, noting that a valid Equal Pay Act claim shifts the heavy burden onto a company to prove that the pay gap was due to factors other than sex.

    (5) Tip of the Week

    Kate Bally, from Thomson Reuters, is back, this time with some advice on going beyond job titles for compliant exemptions:

    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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