Employment Law This Week - Episode 2

(1) The CJEU Invalidates EU-U.S. Safe Harbor - Click here for related reading.

Our top story this week: The European Court of Justice rejects the EU-U.S. Safe Harbor program. The case was brought by a Facebook user in Ireland who raised concerns about the transfer of his data to the United States due to the NSA’s Prism program. The court ruled that the 15-year-old Safe Harbor rule does not adequately protect the privacy rights of EU citizens. We interview Patricia Wagner, Chief Privacy Officer of Epstein Becker Green. See the extended interview here.

(2) DOL’s Wage Rule for Home Care Workers

The U.S. Supreme Court clears the way for the Department of Labor’s home care worker wage rule. The high court recently denied a stay of the D.C. Circuit’s decision, and the new rule extending Fair Labor Standards Act protections to most home care workers will go into effect November 12, 2015.

(3) Increased Scrutiny on Mandatory Employment Arbitration - Click here for related reading.

Mandatory arbitration agreements are under legislative pressure in California. Governor Jerry Brown recently vetoed a bill prohibiting mandatory employment arbitration agreements, but further legislation is likely to follow. Meanwhile, the Ninth Circuit has affirmed the state rule that claims under California’s Private Attorneys General Act are not subject to arbitration.

(4) On-Call Scheduling and Wage Theft

Both BCBG and Forever 21 have been hit with class-action wage theft suits over on-call scheduling. Many retailers are ending this practice, including Urban Outfitters, which was cited for possible violations of New York's requirement to pay hourly staff for at least four hours when they report for work.

(5) In-House Counsel Tip of the Week

Attorney Benjamin Bair, Global Head of Investigations and Whistleblowing, advises on how to build an effective whistleblowing program. The program would include training managers to recognize a potential claim, handle it properly, and investigate the claim thoroughly to resolve issues in the best way possible for everyone involved.