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

    (1) Supreme Court Sets Date for Class Action Waiver Cases

    Our top story: The high court will kick off its October term by tackling a significant employment issue. The Supreme Court will hear arguments on the enforceability of class action waivers in arbitration agreements. Oral argument is scheduled for October 2 on related cases from the U.S. Court of Appeals for the Fifth, Seventh, and Ninth Circuits. During the Obama administration, the National Labor Relations Board (NLRB) took the position that such waivers violated employees’ rights, and the Department of Justice (DOJ) agreed. The DOJ reversed its position in an amicus brief filed in June. While the NLRB has not done so, it is expected to revisit the issue after a new Republican majority is confirmed.Stuart Gerson, from Epstein Becker Green, has more.

    (2) DOL to Reverse Position on Tip Pooling

    The Department of Labor (DOL) will move quickly to undo an Obama-era regulation restricting tip pooling. The White House Office of Management and Budget issued its regulatory agenda last week, detailing planned regulatory actions by federal agencies. The agenda states that the DOL will issue a Notice of Proposed Rulemaking as soon as August to rescind a 2011 interpretation of the tip-credit rule. The Obama-era regulation states that tips are the property of the employee, whether or not the employer takes the tip credit, even when the employer pays the full minimum wage. That rule was the subject of numerous legal challenges, including two certiorari petitions that are currently pending before the Supreme Court.

    For more information, read "Tenth Circuit Rules Tips Belong to the Employer If Tip Credit Is Not Taken": wagehourblog.com/2017/07/articles/tipped-employees/tenth-circuit-rules-tips-belong-to-the-employer-if-tip-credit-is-not-taken/
     
    (3) DOJ: Title VII Does Not Cover Sexual Orientation
     
    The DOJ says that Title VII of the Civil Rights Act of 1964 (Title VII) does not prohibit sexual orientation discrimination. In an amicus brief filed last week, the DOJ told the Second Circuit that it should reaffirm an earlier ruling that Title VII does not protect employees against discrimination based on their sexual orientation. The DOJ’s interpretation directly contradicts the Equal Employment Opportunity Commission’s official position on the matter. The case involves a skydiving instructor who was fired after disclosing to a customer that he was gay. As we’ve previously reported, the Second Circuit has granted an en banc hearing in order to reconsider its holding on the issue.
     
    (4) USCIS Issues Updated Form I-9
     
    The U.S. Citizenship and Immigration Services (USCIS) has issued another revision to Form I-9. Employers will be required to use the new version, dated July 17, 2017, beginning September 18 of this year. Until that time, employers may use either the new form or the form dated November 14, 2016. Form I-9 is used to verify the employment authorization and identity of all employees in the United States. The updated form includes a revised “List of Acceptable Documents” and small changes to the language.
     
    (5) Tip of the Week
     
    Christina Blankley, HR Manager at Maxxima LED Lighting, has some advice on best practices for improving employee engagement in benefit programs:
     
    “Employers should not underestimate the importance of employee engagement and the inevitable effect it has on a company's return on investment. Communications to employees about the company's benefit offerings throughout the year keep employees reminded of the benefits afforded to them as part of your organization. If a new gym opens up next door, send a reminder email to your employees that the company's insurance carrier offers a gym reimbursement program that they can benefit from. Employers should distribute to their employees an annual total rewards statement. It is a document that shows the employee their total compensation by listing their wages alongside the value of each benefit the company offers. This educates the employee on their true worth as a team member within your organization and creates incentive to utilize benefits afforded to them.”

    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. An Illinois appellate court weighs in on social media and solicitation. The case involved a defendant who sent LinkedIn connection requests to three former coworkers, even though he had signed a non-solicit agreement. In considering whether social media activity violates non-solicitation agreements, other courts have drawn a distinction between passive social media activity and more active, direct activity. Though these requests were made directly to the former coworkers, the court in this case ruled that the content constituted passive activity because the defendant did not discuss his new job in any way, nor did he directly attempt to recruit his former coworkers. The court concluded that sending the connection requests did not violate the prohibition against inducing co-employees. Brian Spang, from Epstein Becker Green, has more:

    “This particular agreement only prohibited direct inducement. It prohibited the employee from inducing other employees to leave. It could have and should have included a restriction against both direct and indirect inducement. This is important because the court pointed out in multiple places that the plaintiff did not present any evidence of ‘direct’ inducement. . . . I think that a non-compete or non-solicit agreement can specifically reference social media as a potential avenue for violation of the agreement.”

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

    This is a segment from Employment Law This Week® (Episode 79: Week of July 17th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=zT1JvBSn0pk

    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. Helen Skinner, Senior Counsel for the Panasonic Corporation of North America, shares some advice on employee benefits and compensation considerations during the M&A process.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 80: Week of July 17th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=zT1JvBSn0pk

    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) Social Media Content Key for Non-Solicit Violations

    Our top story: An Illinois appellate court weighs in on social media and solicitation. The case involved a defendant who sent LinkedIn connection requests to three former coworkers, even though he had signed a non-solicit agreement. In considering whether social media activity violates non-solicitation agreements, other courts have drawn a distinction between passive social media activity and more active, direct activity. Though these requests were made directly to the former coworkers, the court in this case ruled that the content constituted passive activity because the defendant did not discuss his new job in any way, nor did he directly attempt to recruit his former coworkers. The court concluded that sending the connection requests did not violate the prohibition against inducing co-employees. Brian Spang, from Epstein Becker Green, has more:

    “This particular agreement only prohibited direct inducement. It prohibited the employee from inducing other employees to leave. It could have and should have included a restriction against both direct and indirect inducement. This is important because the court pointed out in multiple places that the plaintiff did not present any evidence of ‘direct’ inducement. . . . I think that a non-compete or non-solicit agreement can specifically reference social media as a potential avenue for violation of the agreement.”

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

    (2) Washington State Approves Paid Family and Medical Leave Law

    Paid family and medical leave comes to Washington State. Washington becomes another of the increasing number of states mandating paid and protected family and medical leave for employees. Washington’s law, which takes effect in 2020, provides the most generous mandated income replacement benefit for paid leave in the country. The new law provides for up to 90% of an employee's income for as much as 18 weeks of protected leave in a year. And the new law applies to employers with 50 or more employees. Payroll deductions to fund the benefit may begin on January 1, 2019.

    (3) House Republicans Ready Joint-Employer Legislation

    Congressional Republicans have readied new joint-employer legislation. As we previously reported, the Department of Labor has withdrawn the Obama-era guidance advocating the “indirect control” standard for joint employment. The National Labor Relations Board (NLRB) could be the next target. Republicans in the House are planning to introduce legislation that would overturn the NLRB’s controversial Browning-Ferris decision, which first established the “indirect control” standard. The legislation is expected soon and could include updates to the National Labor Relations Act as well as the Fair Labor Standards Act (FLSA).

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

    (4) Ninth Circuit: Mortgage Underwriters Are Not Exempt from Overtime

    Mortgage underwriters are not exempt from overtime pay, the U.S. Court of Appeals for the Ninth Circuit says. A three-judge panel found that underwriters for a savings bank did not qualify for the administrative exemption to the FLSA’s overtime requirements. Reversing summary judgment in favor of the employer, the Ninth Circuit noted that the underwriter’s job duties were aimed at producing a reliable loan rather than at administering or managing the business. With this ruling, the Ninth Circuit aligns with Second Circuit precedent but reaches a different conclusion than the Sixth Circuit, which found that mortgage underwriters at a different bank did qualify for the administrative exemption.

    (5) Tip of the Week

    Helen Skinner, Senior Counsel for the Panasonic Corporation of North America, shares some advice on employee benefits and compensation considerations during the M&A process.

    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. Ira Hammerman, EVP and General Counsel for SIFMA, shares some tips on how to advise business partners when dealing with the financial regulatory environment.

    “My best piece of advice right now, given the change that we’re going through with the new administration, is not to get obsessed over every tweet, over every speech, over every press comment, and take a long-term perspective. This is a very highly regulated industry, and it’s going to take time for any regulations to change. So, I would tell people to take a long-term view and temper their expectations on the pace of change.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 79: Week of July 10th, 2017), an online series by Epstein Becker Green. youtu.be/IYdeoPUAYDI

    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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