Employment Law This Week®: NLRB Considers Case-Processing Changes, New EEOC Sexual Harassment Guidance, DOJ Memos on False Claims Act Litigation

by Epstein Becker & Green
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) NLRB Considers Changes to Case Processing

Peter Robb, General Counsel of the National Labor Relations Board (NLRB), is considering changes to the way that the NLRB processes cases. This comes in addition to proposed changes to the organizational structure that we reported on last week. According to Robb, changes are necessary to adjust to declining budgets and reduced caseloads and imbalances in staffing at the NLRB’s offices. Critics question whether these changes are driven by other considerations. Robb expects decisions to be made by late summer.

(2) New EEOC Sexual Harassment Guidance

When will the U.S. Equal Employment Opportunity Commission (EEOC) respond to #MeToo? Acting EEOC Chair Victoria Lipnic says, “Soon.” The EEOC has announced plans to release new sexual harassment guidance. Speaking at a New York University School of Law symposium called “Avoiding the Next Harvey Weinstein,” Lipnic said that much of the current guidance dates back to the 1990s. In November, the EEOC announced revisions to the draft guidance in response to #MeToo. Lipnic said that those revisions have now been sent to the Office of Management and Budget for approval, which she expects to receive in the next month. Kate Rhodes, with Epstein Becker Green, has more in our continuing coverage of #MeToo @ Work:

“The content of the new sex harassment guidance can likely be informed by a 2016 task force report issued by the EEOC following 18 months of study on the issue of harassment in the workplace more generally. It issued a few best practices that I anticipate seeing in this new guidance, which includes more individualized training on anti-harassment and discrimination procedures in the workplace. It also mentioned increased training for front-line managers and also bystanders, people [who] witness harassment or receive complaints about harassment but aren't the subject of the complaint or the complainant themselves.”

(3) Memos Suggest DOJ Is Taking a New Approach to FCA Litigation

The Department of Justice (DOJ) is taking another look at False Claims Act (FCA) litigation. Two internal DOJ memos suggest that the government may be reconsidering its approach to FCA cases. The first memo provides guidance on when DOJ attorneys should consider affirmatively seeking dismissal of whistleblower claims in cases, rather than simply declining to intervene. The second memo asserts that DOJ attorneys may not use agency guidance as the basis for proving an FCA violation. George Breen, from Epstein Becker Green, has more on what employers should take away from these memos:

“So, I don't think that memos in and of themselves change the risk for board members or executives. I think that risk continues to exist. The reality is, however, that both memos provide tools for those individuals and their counsel. And they ought to actively use those tools when they're faced with litigations and investigations. Unfortunately, the risk remains. Since 2015, there has been an increased focus by the Department of Justice on holding individuals accountable. Those risks are real. But what I think the memos provide are additional tools for their counsel to say, this is not the right case to bring.”

(4) Tip of the Week

Paula Wernecke, Senior Legal Counsel for Adidas Group, shares some advice on best practices for managing a combined human and artificial intelligence (or “AI”) workforce:

“It's all about digital. Combining the two workforces, the human workforce and the artificial intelligence workforce, needs to get on the track of, for example, within Adidas, our people strategy and the ‘three C's.’ The three C's about creativity, collaboration, and confidence. Therefore, creativity needs to be focusing on, ‘What do we, from a human workforce perspective, need to change at our mindset and getting the artificial intelligence within our day-to-day business?’ So, if you are getting to the next step, collaboration, your employee needs to be ready and upskilled, working with these new artificial intelligence systems. Last, but not least, getting back to the Adidas people strategy, we have the confidence. You, as the employee, always need to be confident. You are the one who has the idea. The idea is not laying with the ... artificial intelligence, not now. But right now, you are the one who gives power to this new digital strategy.”

Watch the show and subscribe for weekly notifications: EmploymentLawThisWeek.com See less -


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

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):

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.


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.