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

    (1) California Health Care Workers Can Waive Breaks

    Our top story: California health care workers can still waive some breaks. In February 2015, a California appeals court invalidated an order from the Industrial Welfare Commission (IWC) that allowed health care workers to waive certain meal breaks. The court found the order, which allowed the workers to miss one of their two meal periods when working over eight hours, was in direct conflict with the California Labor Code. The state legislature then passed a new law giving the IWC authority to craft exceptions going forward for health care workers. This month, the appeals court concluded that its 2015 decision was based on a misreading of the statute and that even waivers occurring before the new law are valid. Kevin Sullivan, from Epstein Becker Green, has more:

    “The health care exception is pretty significant because the health care industry lends itself to typically long shifts. Oftentimes, you’ll have shifts that are precisely 12 hours, and, sometimes, you’ll go over 12 hours in those shifts—12 hours 2 minutes, 12 hours 3 minutes—and that’s just the nature of the job when you have a relief-type system. ... To say that nurses should not be permitted to waive the second meal period simply because they go a few minutes over a 12-hour shift, that’s what the legislature really had a problem with here. And why they specifically enacted that statute to clarify that, yes, the health care industry can have those exceptions going over 12 hours.”

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

    (2) D.C. Circuit Vacates NLRB Ruling on Driver Classification

    The U.S. Court of Appeals for the District of Columbia Circuit vacated a decision by the National Labor Relations Board (NLRB) on worker classification, reversing the NLRB’s finding that some FedEx drivers in Connecticut were employees. The NLRB argued that the D.C. Circuit was required to defer to the NLRB’s view because of what it claimed was its “special administrative expertise.” The D.C. Circuit disagreed, ruling that “the question of whether a worker is an ‘employee’ or an ‘independent contractor’ under the National Labor Relations Act is a question of ‘pure’ common-law agency principles,” and the required NLRB’s views were not entitled to deference.

    (3) Transgender Guidance Withdrawal Impacts the Courts

    A multistate lawsuit against the Obama administration’s transgender guidance is coming to an end. The states, led by Texas, have dropped their suit in light of the Trump administration’s decision to withdraw that guidance. The Obama-era guidance allowed students to use the bathrooms of the gender they identify with. The withdrawal has also prompted the U.S. Supreme Court to return a case that it was scheduled to hear on transgender rights in public schools. The appeals court, which based its original decision on the guidance, will now consider the case solely based on the statutory requirements of Title IX.

    (4) New Immigration Order Set to Go Into Effect

    President Trump issued a new executive order on immigration. The new order imposes a 90-day ban on travel to the United States by foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen—but not Iraq—and a 120-day ban on refugees from these countries. The order does not apply to foreign nationals who have green cards, valid visas issued on or before 5 p.m. (ET) on January 27, or other valid documentation. The executive order goes into effect March 16, 2017, so employers have a few more days to determine if employees are affected. Several states already have sued to stay its enforcement.

    For more, click here: http://bit.ly/2mP3cC6

    (5) Tip of the Week

    Laura Cappiello, Head of Human Capital Management and Deputy General Counsel at BlueMountain Capital Management, has some advice on best practices for onboarding employees:

    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. A Dodd-Frank whistleblower case is dismissed in the U.S. District Court for the Southern District of New York. The court granted the employer’s summary judgment motion, ruling that two executives could not causally connect their termination to what the judge found to be vague complaints about the company's internal controls. The judge noted that the three months between the executives’ activity and their termination was too long to be considered connected, without any corroborating evidence. Jason Kaufman, from Epstein Becker Green, has more:

    This is a segment from Employment Law This Week® (Episode 61: Week of March 6th, 2017), an online series by Epstein Becker Green.

    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. Craig Dinsell, a Partner at Sheep & Wolves Media, shares some advice on managing “culture risk”:

    “Major resources go into managing operational risk, technology risk, regulatory risk, financial risk, but culture risk is the big one. . . . The good news is that businesses can build a resilient climate and thrive through times of change and ambiguity. To grasp this transformational opportunity, it’s necessary to focus on building culture. So here’s some advice. . . . Capture the imagination of employees and clients through creating a cultural experience that is not easy for the competition to replicate. Build metrics that will track cultural progress. And finally, and perhaps most important, hold yourself and others accountable for results.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 62: Week of March 6th, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=h0hXQBiN71g

    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) Summary Judgment Granted in Whistleblower Case

    Our top story: A Dodd-Frank whistleblower case is dismissed in the U.S. District Court for the Southern District of New York. The court granted the employer’s summary judgment motion, ruling that two executives could not causally connect their termination to what the judge found to be vague complaints about the company's internal controls. The judge noted that the three months between the executives’ activity and their termination was too long to be considered connected, without any corroborating evidence. Jason Kaufman, from Epstein Becker Green, has more:

    [quote coming later this afternoon]

    (2) Job Applicants Can File ADEA Claims

    A district court in California has ruled that job applicants can bring disparate impact claims under the federal Age Discrimination in Employment Act (ADEA). A putative class of job applicants filed suit against PricewaterhouseCoopers (PwC) under the ADEA. PwC filed a motion to dismiss, arguing that the disparate impact section of the ADEA does not apply to applicants. This interpretation has been embraced by the Eleventh Circuit, but here, the district court disagreed, pointing to language in the statute that applies protections to “any individual.” Based on that language, an analysis of U.S. Supreme Court precedent, and other authorities, the district court denied PwC’s motion and allowed the claims to proceed.

    (3) Miscimarra Indicates the Future Trump NLRB

    Philip Miscimarra, Acting Chairman of the National Labor Relations Board (NLRB), has given a strong indication of the changes likely to come once President Trump fills vacant seats on the NLRB. In a sharply worded dissent, Miscimarra doubled down on his disagreement with the NLRB’s controversial 2014 rule on union representation elections. Miscimarra argues that the rule’s heavy emphasis on election speed interferes with an employee’s right to make informed decisions on union representation and is inconsistent with the requirements of the statute. In another dissent, he argues that the NLRB’s current standard for reviewing employee handbook provisions “defies common sense” and should be replaced with a test balancing competing interests.

    For more, click here: http://bit.ly/2lm8aq2

    (4) Proposed Regulations Issued for NY Paid Family Leave

    The Empire State will soon join the list of states enacting paid leave laws. The New York Workers Compensation Board has issued proposed regulations for the state’s Paid Family Leave Law. The law will require employers to provide paid family leave to all eligible full- and part-time workers. Employers would need to provide eight weeks of leave in 2018, increasing to 12 weeks by 2021. In addition, part-time employees would be eligible to receive a pro-rata portion of paid family leave. Employee handbooks that describe leave benefits would also need to be amended to include guidance regarding the Paid Family Leave Law.

    (5) Tip of the Week

    Craig Dinsell, a Partner at Sheep & Wolves Media, shares some advice on managing “culture risk”:

    “Major resources go into managing operational risk, technology risk, regulatory risk, financial risk, but culture risk is the big one. . . . The good news is that businesses can build a resilient climate and thrive through times of change and ambiguity. To grasp this transformational opportunity, it’s necessary to focus on building culture. So here’s some advice. . . . Capture the imagination of employees and clients through creating a cultural experience that is not easy for the competition to replicate. Build metrics that will track cultural progress. And finally, and perhaps most important, hold yourself and others accountable for results.”


    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. The District of Columbia passes the nation’s most expansive paid leave law. The Universal Paid Leave Amendment Act provides for a combined 16 weeks of paid time off for parental, family, and personal sick leave. Despite D.C. Mayor Bowser’s opposition to the law, she returned the bill unsigned. That means it will go into effect this spring unless Congress acts to intervene. Brian Steinbach, from Epstein Becker Green, has more on the new law:

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

    This is a segment from Employment Law This Week® (Episode 61: Week of February 27th, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=3K4qLTY9-R8

    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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