Employment Law This Week®: DOL Vacancies, Use of Customer Data, Weingarten Rights, EEOC’s Investigatory Authority

by Epstein Becker & Green
Contact
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 See more +

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) 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:

“Without leaders in place in more than an acting capacity in many of these agencies, there's very limited capacity to make any kind of change at a policy level. This is particularly true in the partisan environment in D.C., where if we remember that Secretary Acosta was confirmed in a very close 60-38 vote, there was a lot of concern, or at least potential concern, that any kind of changes that the agencies make now relative to the policy preferences of the previous administration could complicate confirmation proceedings for as-yet-unannounced nominees.”

(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. See less -

Embed
Copy

Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green
Contact
more
less

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.