1. Kirsty Devine, Head of US HR and Global Projects for the Financial Times, offers some advice on best practices for HR department transformation.

    “First of all, you need to set your vision. So what does the future look like? What are you wanting to achieve? What benefits will this bring if you achieve this transformation? It's really important that you have that in mind as you go through the transformation, because that means that you can help the team to envision where they're going to. Secondly, you need to do research. This is really important to do at the outset, because it gives you a really clear picture as to what's happening today. It's really important as you go through the transformation that you don't transform in isolation. So make sure that you're engaging business stakeholders who might have an interest in your transformation. In this way, when you deliver your transformation, you'll have buy-in to what you're trying to achieve.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 85: Week of August 28th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=G6nqKtUkMgg

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

    (1) DOL Vacancies Slowing Trump's Agenda

    Our top story: Vacancies at the Department of Labor (“DOL”) are delaying policy changes under the new administration. Nearly half of the leadership positions at the DOL are still vacant, and Labor Secretary Acosta was not confirmed until late April. Neither the Wage Hour Division nor OSHA has a permanent Administrator. The DOL has taken some action, like rescinding guidance on misclassification of employees as independent contractors, but little progress has been made toward new overtime regulations or expanded use of the E-Verify system. Paul DeCamp is a former Administrator of the DOL’s Wage and Hour Division and current Member of the Firm at Epstein Becker Green. Here, he provides some context on the delays:

    (2) NLRB Okays Restriction on Employee Use of Customer Information

    Employers can restrict employee access to, and use of, confidential customer information, the NLRB says. An administrative law judge found that some employer policies at a national retailer violated the National Labor Relations Act (“NLRA”). The retailer partially appealed, arguing that the policies protected customer information like social security and credit card numbers. Reversing the administrative law judge’s decision, the NLRB found that these policies did not violate the Act, in part because the rules only applied to confidential information obtained from the employer systems. The Board held that employee access to and use of such data falls outside the protection of the NLRA.

    (3) Weingarten Rights Apply Only to Mandatory Meetings

    The NLRB’s Weingarten doctrine applies only to compulsory meetings. Two nurses at a Kansas hospital were accused of unprofessional conduct and invited to attend an optional peer-review committee meeting on the matter. The nurses filed an unfair labor practice charge after the hospital declined their request that union representatives join them at the meeting. The D.C. Circuit found that the Weingarten rule, which grants union-represented employees the right to have union representation at meetings that may result in discipline, does not apply to voluntary meetings, even those that may result in discipline.

    (4) EEOC’s Authority Not Limited by Charging Party’s Court Case

    The Seventh Circuit finds that the EEOC’s authority is not limited by the actions of a charging party. Two former railroad employees filed a charge of racial discrimination with the EEOC, against their employer. The agency issued a right-to-sue letter in 2012, which would ordinarily close the cases. A federal judge dismissed the employees’ private lawsuit, but the EEOC continued its investigation on a company-wide basis. The railroad challenged the agency’s authority to do so. The Seventh Circuit held that Title VII does not expressly or implicitly limit the EEOC’s investigatory authority, even after the dismissal of a charging party’s lawsuit.

    (5) Tip of the Week

    Kirsty Devine, Head of US HR and Global Projects for the Financial Times, offers some advice on best practices for HR department transformation:

    “First of all, you need to set your vision. So what does the future look like? What are you wanting to achieve? What benefits will this bring if you achieve this transformation? It's really important that you have that in mind as you go through the transformation, because that means that you can help the team to envision where they're going to. Secondly, you need to do research. This is really important to do at the outset, because it gives you a really clear picture as to what's happening today. It's really important as you go through the transformation that you don't transform in isolation. So make sure that you're engaging business stakeholders who might have an interest in your transformation. In this way, when you deliver your transformation, you'll have buy-in to what you're trying to achieve.”

    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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  3. Marie Chery, Senior Vice President of Human Resources for Mizuho Americas, shares some advice on HR's role in successfully managing change.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 84: Week of August 22nd, 2017), an online series by Epstein Becker Green. youtu.be/W4tZzSnzMeM

    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) D.C. Circuit Endorses NLRB's Voting Unit Test

    The U.S. Court of Appeals for the District of Columbia Circuit endorsed the National Labor Relations Board’s (“NLRB’s” or “Board’s”) standard for micro-bargaining units. The Board applies the Specialty Healthcare test to determine whether a group of employees is an appropriate bargaining unit or if other job classifications must also be included. A theatrical staging company recently challenged both the test and its application, arguing that the company’s equipment riggers should not have been allowed to organize in a micro-unit. The D.C. Circuit upheld the Board’s ruling that the riggers micro-unit was appropriate, and that other workers did not share an overwhelming community of interest them. The D.C. Circuit found that the Board's standard is consistent with the National Labor Relations Act and the Board did not exceed its authority in adopting the standard. Pat Wheeler, from Epstein Becker Green, has more.

    For additional information, click here: http://bit.ly/2w990Lu

    (2) Electronic Acknowledgment Box Does Not Imply Agreement

    Electronic acknowledgment of an arbitration policy does not imply agreement in New Jersey. A state appeals court reinstated the age discrimination lawsuit of a former Best Buy worker, concluding that he was not required to arbitrate his claims. The company implemented an arbitration policy three weeks before the plaintiff’s termination, and he clicked an electronic box labeled “I acknowledge.” The New Jersey appellate division held that neither the plaintiff’s acknowledgement that he received the policy nor his continued employment demonstrated that he agreed to the policy’s terms. The court held that the employee’s consent must be established by either his signature on the agreement or another “explicit indication” that he intended to abide by that provision.

    (3) District Court Takes Broad Approach to Website Accessibility

    Pressure from the courts to compel website accessibility is building. New York art supply store Blick, which sells some products and services exclusively online, was brought to court on charges that its website was not fully accessible to the visually impaired. Blick filed a motion to dismiss, arguing that the Americans with Disabilities Act (ADA) does not apply to online-only businesses. The district court denied the motion in an expansive decision. The courts have recently issued other pro-plaintiff decisions on this issue in such cases as Five Guys, Winn-Dixie, and Hobby Lobby. But in a troubling development for online-only businesses, the court in this case joined a select few in holding that the ADA covers all retail websites, not just those that connect to a brick-and-mortar store.

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

    (4) Connecticut Medical Marijuana Law Trumps Federal Law

    A federal district court in Connecticut finds that federal law does not preempt the state’s medical marijuana law. Before undergoing a routine drug test, a Connecticut nursing home employee disclosed to her employer that she was prescribed medical marijuana at night for PTSD. The employer rescinded her job offer after she tested positive for marijuana. Connecticut’s Palliative Use of Marijuana Act prohibits employment discrimination solely on the basis that the employee is a medical marijuana user. The U.S. District Court for the District of Connecticut ruled that federal law does not preempt the state employment law in this instance.

    (5) Tip of the Week

    Marie Chery, Senior Vice President of Human Resources for Mizuho Americas, shares some advice on HR's role in successfully managing change:

    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 D.C. Circuit reverses the NLRB in a joint employer case - A three-judge panel held that the Board did not follow consistent precedents in finding that CNN was a joint employer of a group of contracted technicians. The Board decided this case prior to changing the joint employer standard in Browning Ferris. So the Court did not consider the new indirect control standard. Instead, they focused only on how the NLRB’s previous test was applied in this case. Employers and other interested parties continue to await the Court’s ruling in Browning-Ferris to see whether it will reject the looser test the Board adopted there. John Fullerton, of Epstein Becker Green, has more.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 83: Week of August 14th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=-A127CUiFO0

    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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