Click above or watch via YouTubeVimeoMP4, or WMV.

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) No More Delays for Fiduciary Rule

Our top story: The Department of Labor’s (DOL’s) “Fiduciary Rule” will go into effect on June 9. The controversial rule will require financial professionals who advise clients on retirement accounts to promote suitable products and act in the best interests of their clients. Secretary of Labor Alexander Acosta announced in a Wall Street Journal op-ed that there is “no principled legal basis” to delay the rule, although full enforcement won’t begin until 2018. The DOL intends to issue a Request for Information to seek public opinion on revisions and related exemptions. Sharon Lippett, from Epstein Becker Green, has more:

“Most employers will not experience any significant change as a result of the June 9th applicability date of the Fiduciary Rule. And that's because the Fiduciary Rule expanded the definition of ‘fiduciary investment advice,’ and for the most part, employers don't provide investment advice to their employees. They provide investment education, which consists of information relating to the retirement plan, general information about retirement planning, or financial investing. So as long as employers stay in their communications within the parameters of investment education, they won't be subject to the Fiduciary Rule.”

For more, click here:

(2) DOL Takes Steps to Rescind Persuader Rule

While the Fiduciary Rule will stand, the “Persuader Rule” is on the chopping block. The DOL has begun the process of rescinding the Persuader Rule, which would have required employers and consultants, including lawyers, to report activity related to union organizing campaigns and other matters. The Obama-era regulation never took effect because a Texas federal judge issued a nationwide permanent injunction blocking it last year. Before the DOL’s proposal can take effect, it will need to engage in formal rulemaking, which includes publishing its proposed withdrawal of the rule and allowing for public review and comment.

(3) Second Circuit to Reconsider Sexual Orientation Protections Under Title VII

The U.S. Court of Appeals for the Second Circuit will reconsider whether sexual orientation is protected under federal discrimination law. The court has granted an en bancrehearing to address whether Title VII of the Civil Rights Act of 1964 (Title VII) covers discrimination on the basis of sexual orientation. The case involves a skydiving instructor who claims that he was fired after he told a customer he was gay. The three-judge panel was bound in its initial finding by a 2000 precedent, in which the Second Circuit found that sexual orientation discrimination is not covered under the law. Earlier this year, the Seventh Circuit broke with its own similar precedent, becoming the first appellate court to hold that Title VII protections apply to sexual orientation.

For more, click here:

(4) New Legislation to Overhaul NLRA

House Republicans introduced new proposed legislation to overhaul the National Labor Relations Act (NLRA). Republicans in Congress have restarted their effort to amend the nation’s labor law. The legislation would make it more difficult for unions to organize workers and easier for workers to “opt out.” This legislation, known as the Employee Rights Act, would usher in the most substantial changes to the NLRA since the 1940s. Also, this legislation would mandate that a union win a government-conducted secret ballot election and would ban the “card check” agreements that many unions have been relying on in recent years.

(5) Tip of the Week

Joan Brunelle, Chief Human Resources Officer for Bessemer Trust, has some advice on best practices for resolving issues between executives:

“When there are issues between executives, I find, as an HR manager, the first key step is to actually get everyone to acknowledge there is an issue. Once that's out of the way, I consider the next place we have to go is the discovery phase and, that, from my perspective, is I play a role of being a very active listener. I want to hear from both of the individuals involved what the issue is. We can now move to the next stage, which is really an action plan. How do we take this and move forward? Have an actionable set of steps that we can take that we can all agree will help resolve this, and we'll all be able to move forward effectively."

Tune in each week for developments that may affect your business. Click here to subscribe by email - select the checkbox next to Employment Law This Week.

Trouble viewing the video? Please contact 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.

WORKFORCE (re)imagined.TM

Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce.

Trouble viewing the video? Please contact 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.

Prefer to Listen?

You can listen to Employment Law This Week episodes on your preferred platform, including new episodes of our special series, Employers and the New AdministrationApple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

Spread the Word


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

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.