Claire Kostbar, SVP of Human Resources and Administration for iN DEMAND, shares some advice on attracting and retaining millennials.

This is a "Tip of the Week" segment from Employment Law This Week® (Episode 72: Week of May 15th, 2017), an online series by Epstein Becker Green. youtu.be/tYHU0H3Jofw

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) Indirect Employers Could Be Liable for Background Checks in New York

Our top story: Out-of-state contractors could be liable for directing background checks on independent contractors in New York. Two workers were terminated after their criminal history was discovered during a background check. They worked for a New York company whose contract with a national company required their termination. The employees sued both companies under the New York State Human Rights Law. Addressing the law’s criminal history discrimination provision, the New York Court of Appeals held that only an employer can directly violate the statute. But an out-of-state company that requires a New York employer to discriminate against employees or applicants based on their convictions can be held liable as an aider and abettor. Nancy Gunzenhauser, from Epstein Becker Green, has more.

For more, click here: http://bit.ly/2q7dK03

(2) NLRB: No Reversal on Weingarten Rights for Nonunion Workers

Weingarten rights come from a U.S. Supreme Court ruling that union workers are entitled to have a representative present with them during any interview that could result in disciplinary action. In this case, the National Labor Relations Board (NLRB) declined to reverse its 2004 ruling that nonunion workers are not entitled to have a co-worker present during such an interview. And here is some news on the challenge to the “Persuader Rule”: As the new Labor Secretary adjusts to his role, the Trump administration has asked two federal courts for an extra two months to determine its position on the rule.

(3) Fifth Circuit Orders Second Look at Privileged Information

The U.S. Court of Appeals for the Fifth Circuit clarified the legal standard for determining whether documents subpoenaed by the Equal Employment Opportunity Commission (EEOC) are privileged. An employer in a discrimination case withheld documents and asserted attorney-client privilege. The district court placed the burden on the EEOC to show that the documents were not privileged. The Fifth Circuit reversed, holding that the burden is on the employer to provide a privilege log with enough detail and supporting evidence for the court to make a determination. The Fifth Circuit remanded to the district court to apply this standard and conduct an in-camera review of the documents.

(4) Two New York City Employment Laws Move Forward

New York City’s Freelance Isn't Free Act (FIFA) takes effect today, May 15. The law establishes rights for freelance workers, including the right to a written contract, timely and full payment, and protection from retaliation. And Mayor Bill de Blasio has signed the city’s ban on inquiries into salary history. That law will take effect on October 31 of this year.

For more on the FIFA, click here: http://bit.ly/2pDsp0C

(5) Tip of the Week

Claire Kostbar, SVP of Human Resources and Administration for iN DEMAND, shares some advice on attracting and retaining millennials.

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.

Monica Fiorentini, an HR consultant, has some advice on best HR practices for the future workforce.

This is a "Tip of the Week" segment from Employment Law This Week® (Episode 71: Week of May 8th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=o0s_vLzKC68

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) Reliance on Salary History Not Always an Equal Pay Violation

Our top story: Reliance on salary history is not always an Equal Pay Act violation, says the Ninth Circuit. A California federal court had granted summary judgment to a female employee of Fresno County, ruling that an employer could not defeat an Equal Pay Act claim by pointing to prior salary alone. The court reasoned that allowing such a defense would perpetuate discriminatory wage differences. The Ninth Circuit reversed, holding that salary history could be relied upon if it furthers a legitimate business policy and is used reasonably. The Ninth Circuit remanded the case, directing the lower court to review Fresno County’s policy based on this standard. Melissa Stannard, from Epstein Becker Green, has more on the possible impact of this ruling.

Click here for more: ebglaw.com/eltw71-ret

(2) Employer Refusal of Resignation Reversal Not Actionable

A California employer’s refusal to allow an at-will employee to rescind her resignation is not actionable, an appellate court rules. An employee claimed that she was in an altered state due to a temporary disability when she resigned from her position with a California medical group. The employee attempted to rescind the resignation, and the employer refused. The employee then sued, claiming that the refusal was disability discrimination. The appeals court upheld summary judgment for the employer. Among other findings, the court held that, because the employee was at-will and not constructively discharged, the employer’s refusal to accept the reversal was not an adverse employment action.

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(3) Eleventh Circuit OKs FMLA Case on Facebook Photo Termination

Are Facebook photos cause for termination? In this case, maybe not. An employee took extended leave after shoulder surgery at his doctor’s recommendation. While on vacation during the leave, he posted Facebook photos of himself swimming in the ocean. Upon returning to work, he was terminated. The employee sued, claiming that he was fired in retaliation for taking an extended leave. The Eleventh Circuit held that the employer failed to show a non-retaliatory motive for the termination, in large part because the company gave inconsistent and contradictory reasons for its decision. Thus, the claim can proceed.

Click here for more: ebglaw.com/eltw71-heal

(4) OSHA Pulls Memo Allowing Union Reps to Join Inspections

OSHA has withdrawn its memo allowing union representatives to join inspections. In 2013, the agency released the so-called “Fairfax Memo,” which allowed union representatives to participate in OSHA safety inspections at non-union workplaces. The National Federation of Independent Business (NFIB) filed suit, claiming that the memo was inconsistent with both the Occupational Safety and Health Act and its accompanying regulations. In response to OSHA’s rescinding the Fairfax Memo, the NFIB has voluntarily withdrawn its lawsuit.

Click here for more: ebglaw.com/eltw71-mm

(5) House Passes Working Families Flexibility Act

Last week, the House of Representatives passed the Working Families Flexibility Act, which would allow employers to offer workers paid time off, instead of cash, for overtime hours. The bill will now move on to the Senate, where it’s expected to face significant hurdles. We’ll update you as this story develops.

Click here for more: ebglaw.com/eltw71-wh

(6) Tip of the Week

Monica Fiorentini, an HR consultant, has some advice on best HR practices for the future workforce.

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.

Rochelle Kopp, Managing Principal for Japan Intercultural Consulting, shares some advice on best practices for team-building across cultures.

This is a "Tip of the Week" segment from Employment Law This Week® (Episode 70: Week of May 1st, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=-ZRL9taTZpw

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.