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

    This week's stories include . . .


    (1) Massachusetts Bans Salary History Question

    Our top story: Beginning in 2018, pay history will be off limits for Massachusetts job applications and interviews. In a unique attempt to close the gender wage gap, the state has passed a pay equity law that will bar employers from asking applicants about their previous salaries. Employers will also be prohibited from seeking that information from an applicant’s prior employers. While this provision is the first of its kind in the country, the new law also contains more common equal pay protections, broadens the definition of “equal work,” and prevents employers from banning the discussion of salary among employees. Mickey Neuhauser, from Epstein Becker Green, has more.

    “The hope is that by taking the salary history question off the table, employers will rely only on relevant factors and won't even unconsciously rely upon an irrelevant factor, such as the employee’s prior salary. . . . The law does not prohibit applicants from disclosing their current salaries or salary history, and it doesn't prevent applicants and employers from negotiating over salary. However, the law does not protect employers from paying a salary lower than what would otherwise be permitted under the act simply because an individual has agreed to accept that salary. In other words, an employee cannot agree to be illegally underpaid.”

    Click here for more information: http://bit.ly/2aHtvVw

    (2) Subway Partners with the DOL

    The U.S. Department of Labor (DOL) and Subway teamed up to break new ground. The world’s largest fast-food franchisor has reached a voluntary agreement with the DOL to provide wage and hour compliance training to franchisees. The agency conducted more 800 investigations into underpayment of workers at Subway franchises in recent years. This partnership will focus on helping the franchises comply with federal wage and hour laws moving forward. While the DOL hopes to enter into more agreements like this one, franchisors are hesitant, noting that the deal could make them joint employers under the National Labor Relations Board’s standard.

    Click here for more information: http://bit.ly/2bngocf

    (3) New York Attorney General Cracks Down on Non-Competes

    New York’s crackdown on non-compete agreements continues. An investigation by New York Attorney General Eric Schneiderman revealed that Examination Management Services Inc. required all of its workers, even those who had no access to trade secrets or sensitive information, to sign non-compete agreements. Non-compete agreements in the state are usually permissible only for employees with a high level of access to trade secrets or sensitive information. Under the agreement, the company will stop using the non-competes for most employees in New York.

    (4) Citigroup Unit Pays Misclassified Workers After DOL Probe

    A Citigroup affiliate shells out a hefty sum for misclassifying workers. A subsidiary of Citigroup in Florida recently paid almost $2 million to workers whom it had misclassified as exempt from overtime pay. An investigation by the DOL’s Wage and Hour Division found that the company mistakenly applied the Fair Labor Standards Act’s exemption to a group of 882 employees. This case serves as a reminder that salaried workers are not necessarily exempt from overtime.

    (5) Tip of the Week

    Lisa Glass, Chief Human Resources Officer for The Child Center of NY, is here with advice on how to create an effective onboarding program.

    “An important way organizations can help combat employee turnover and help employees adjust to the new organization is through an effective onboarding program. An onboarding program allows employees to understand the expectations of their role in terms of performance as well as social expectations. . . . Effective onboarding is key in creating employee expectations and sharing organization values. The goals must align with the goals of the organization, and the program initiative must be driven by senior management, and not solely driven by human resources.”

    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.

    # vimeo.com/178639397 Uploaded 7 Views 0 Comments
  2. Shulamith Wegh, Director of Human Resources at Adjmi Apparel Group, is here with some advice on best practices for minimizing turnover.

    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.

    # vimeo.com/178073777 Uploaded 57 Views 0 Comments
  3. Welcome to Employment Law This Week® ! Subscribe to our channel for new episodes every Monday!

    This week's stories include . . .

    (1) Seventh Circuit Panel Finds That Title VII Does Not Cover Sexual Orientation Bias

    Our top story: A panel of the U.S. Court of Appeals for the Seventh Circuit ruled that Title VII of the Civil Rights Act of 1964 (Title VII) does not cover sexual orientation bias. A teacher at a community college filed suit after being passed over six times for a full-time position, alleging that the rejections were based on her being a lesbian. The Seventh Circuit panel, in Hively v. Ivy Tech Community College, upheld a lower court's dismissal of the case, noting that sexual orientation is not included in the workplace protections covered under Title VII. The three-judge panel criticized this lack of protection but said that any change must come from the U.S. Supreme Court or a new federal law from Congress. Jeremy Brown, from Epstein Becker Green, has more.

    "The real significance of this decision is its 40+ page analysis where it lays out a roadmap and invites, in so many words, the Supreme Court to make its own interpretation finding that sexual orientation is a protected classification under Title VII. And, in so doing, the court emphasized that the Equal Employment Opportunity Commission [EEOC] has ruled last year that sexual orientation discrimination is, in and of itself, sex discrimination, gender discrimination, and enjoys the protections under the law. And while the Seventh Circuit is not bound by the EEOC's decision, it found it persuasive and important."

    For more on this case, click here: http://bit.ly/2aGuBxP

    (2) EEOC Focuses on Religious Discrimination

    The Equal Employment Opportunity Commission addresses religious discrimination. The EEOC recently released a fact sheet that helps young workers understand religious discrimination protections. Among other things, the fact sheet explains that Title VII protects traditional religions, newer or less common religions, and people who do not have religious beliefs. This fact sheet comes on the heels of a series of meetings for the Combating Religious Discrimination initiative. The initiative was coordinated by the White House and the Department of Justice in a climate where religious discrimination claims have been on the rise.

    (3) NLRB Targets At-Will Employment Provision

    The National Labor Relations Board (NLRB) targets an at-will provision in employment agreements. In a ruling last week, the NLRB found that a common at-will employment provision violates employee rights. At issue was Minteq International’s Non-Compete and Confidentiality Agreement, which the company required all employees to sign before beginning a six-month probationary period. Notably, that agreement contained an at-will disclaimer stating that the signatory was an at-will employee and nothing in the agreement would affect that status. The NLRB found that this provision could confuse workers as to whether they would become “just cause” employees after the probationary period. Therefore, the provision could deter workers from engaging in protected concerted activity during the at-will period. This is the first decision of its kind from the NLRB and another step in its ongoing expansion of employee rights.

    (4) California’s High Court Issues Landmark Ruling on Class Arbitration

    A landmark decision on class arbitration is issued by a divided California Supreme Court. In Sandquist v. Lebo Automotive Inc., a case involving racial bias at a car dealership, California’s High Court found that if an enforceable arbitration agreement exists, there is a presumption that the arbitrator will decide procedural questions, including whether the agreement prohibits class arbitration. Ruling for the employees, the four-justice majority found that there is no law that puts this decision solely in the hands of the court. But as the dissent noted, the majority’s ruling directly conflicts with every federal appellate court that has considered the issue thus far.

    (5) Tip of the Week

    Shulamith Wegh, Director of Human Resources at Adjmi Apparel Group, is here with some advice on best practices for minimizing turnover.

    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.

    # vimeo.com/178071593 Uploaded 23 Views 0 Comments
  4. The U.S. Court of Appeals for the Seventh Circuit sets a low bar for Title VII retaliation claims. The Seventh Circuit partially reversed the dismissal of a university professor’s suit, finding that she had a “plausible” claim that she was denied tenure in retaliation for filing a charge with the Equal Employment Opportunity Commission. While her employers argued that the charge was filed after university officials had already made their decision on tenure, the Seventh Circuit said this was precisely the type of factual question that made the claim plausible and entitled the plaintiff’s lawsuit to survive a motion to dismiss. Christopher Farella, from Epstein Becker Green, has more on the challenges of getting a dismissal in a retaliation suit.

    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.

    # vimeo.com/177592829 Uploaded 12 Views 0 Comments
  5. The Ninth Circuit says unapproved use of a former co-worker’s password can be criminal. An ex-recruiting firm employee used a current worker's credentials to gain unauthorized access to a company database. The Ninth Circuit held that this act violated the "without authorization" prong of the Computer Fraud and Abuse Act, noting that permission for legal access must be given by a computer system’s owner. This decision could have wide-reaching implications in an area of law that has become increasingly criminalized over the past few years. Jim Flynn, from Epstein Becker Green, has more.


    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.

    # vimeo.com/177561295 Uploaded 9 Views 0 Comments

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/

Browse This Channel

Channels are a simple, beautiful way to showcase and watch videos. Browse more Channels.