We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode! Read the firm's press release here and subscribe for updates.

This week’s stories include ...

(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-Ferrisdecision, 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: eltw80-mm

(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.

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. 

SUBSCRIBE TO #WORKFORCEWEDNESDAY

Prefer to Listen?

You can subscribe to Employment Law This Week episodes on your preferred podcast platform – Amazon Music / AudibleApple Podcasts, Audacy, DeezerGoogle PodcastsiHeartRadio, Overcast, PandoraPlayer FM, Spotify.

Spread the Word

Megaphone

Would your colleagues, professional network, or friends benefit from #WorkforceWednesday? Please share the edition each week on LinkedInFacebookYouTubeInstagram, and Twitter, and your connections can subscribe for email notifications.

Trouble viewing the video? Please contact thisweek@ebglaw.com and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!

EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C.

Back to Series
Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.