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) Congress Introduces Sunlight in Workplace Harassment Act

Our top story: Federal #MeToo legislation aimed at public companies is introduced in Congress. The Sunlight in Workplace Harassment Act, introduced in both the House and the Senate in February, would require public companies to report information related to harassment and discrimination settlements and complaints in their SEC filings. Reports would have to include the number and dollar amount of settlements, the average length of time that it takes to resolve complaints, and the total number of harassment and discrimination complaints. In addition, the bill would require information about an employer’s efforts to prevent future acts of unlawful harassment, discrimination, or sexual abuse. Beth McManus, from Epstein Becker Green, has more:

The interesting thing about this bill, in terms of its broad and sweeping scope, is the fact that it applies not just to sexual harassment, but to claims of discrimination based on a broad variety of categories, like sex, age, race, national origin, military service status, genetic information. So, it’s a huge range. Change is on the horizon, with respect to sexual harassment settlements and disclosure in general. In fact, the recently passed Republican-sponsored Tax Cuts and Jobs Act prevents employers from taking a tax deduction if they have a sexual harassment or sexual abuse allegation settlement that is subject to a nondisclosure agreement. I think we’ll continue to see a movement towards preventing non-disclosure agreements in those types of cases moving forward.”

Watch the extended interview here.

(2) NLRB Asks D.C. Circuit to Review Browning-Ferris

The National Labor Relations Board (“NLRB” or “Board”) has asked the U.S. Court of Appeals for the District of Columbia Circuit to reopen its review of the Board’s Browning-Ferris joint-employer test. As we reported last week, the Board has vacated its December 2017 decision in Hy-Brand, which had overturned the Browning-Ferris “indirect control” standard and re-adopted a “direct control” test for joint employment. If the court revisits the case, it can uphold or reject the test set in Browning-Ferris, or it can send that case back to the NLRB, which could again replace the Browning-Ferris standard with a standard like the one in Hy-Brand.

(3) Guidance Published on MA Pay Equity Law

There is clarity for Massachusetts employers. The Massachusetts Attorney General recently published guidance on the state’s upcoming pay equity law. The long-awaited guidance answers frequently asked questions about the law; defines important terms, like “covered employers”; and details permissible variations in pay, among other topics. The Attorney General’s office will partner with business associations on webinars and events in the coming weeks to give employers more information on the law, which will go into effect on July 1, 2018.

(4) DOL Launches PAID Pilot Program

The U.S. Department of Labor (“DOL”) launched a new program to get employees P-A-I-D. Under the Wage and Hour Division’s Payroll Audit Independent Determination, or “PAID,” program, employers that choose to participate will self-audit their overtime and minimum wage practices. The employers submit their audits and, if the Wage and Hour Division agrees, pay employees any wages owed to them. Those that self-report can avoid heavy fines and work with the Wage and Hour Division to correct any mistakes. The DOL will implement the pilot program nationwide for about six months before evaluating it.

(5) Tip of the Week

Ann Rhoades, President of Peopleink, has some advice on best practices for building a values-based organization:

“Creating a values-based organization begins with defining who you want to be, by blueprinting the values. And along with that, you also blueprint the behaviors behind each of the values. Secondly, you also then start hiring people who have not only the competencies you’re looking for, but the values. Next, you have to think about ... does every employee brand your organization around the values the way you want them to? In other words, are they mirroring what you've defined as your brand? Because your employees are your brand. And last, but not least, great organizations that are values-based have a continuous discipline model that is all about everyone being engaged in achieving their goals.”

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.

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. 


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


Would your colleagues, professional network, or friends benefit from #WorkforceWednesday? Please like and share the edition each week on LinkedInFacebook, X, and YouTube, and encourage your connections to subscribe for email notifications.

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.

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.