Employment Law This Week: Paid Parental Leave, NLRB’s Top Issues, Health History Forms, Final Fiduciary Rule

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) San Francisco and New York State Approve Landmark Legislation on Paid Parental Leave

Our top story: San Francisco and New York State break new ground on paid parental leave. The San Francisco Board of Supervisors unanimously approved a city ordinance requiring businesses with more than 50 employees in San Francisco to give new parents six weeks off, fully paid, starting in 2017. Once Mayor Ed Lee signs the ordinance, San Francisco will become the first city in the United States to require full pay for new mothers and fathers during their time off. Meanwhile, New York State has passed the most comprehensive paid parental leave policy in the country. New York State’s legislation mandates 12 weeks of partially paid leave for all new parents by 2021.

(2) NLRB General Counsel Reveals Top Issues in Recent Memo

A National Labor Relations Board (NLRB) memo outlines top enforcement priorities for 2016. The General Counsel for the NLRB has issued an internal memo that offers employers insight into his office’s initiatives and emphasis this year. The memo describes the types of cases that must be submitted to the Division of Advice for review rather than decided by the Regional Office, where the charge was filed. Among other priorities, the General Counsel wants to expand employees’ rights to organize and communicate using company resources, cut back on employer rights in bargaining, and grant significant new rights to nonunion employees. Steve Swirsky, from Epstein Becker Green, has more.

(3) EEOC Fights Medical Information Requirement in Job Applications

The U.S. Equal Employment Opportunity Commission (EEOC) targets health history forms in job applications. The EEOC has brought suit against Grisham Farm Products for requiring job applicants to complete a three-page health history. When a recent applicant refused to answer the questions on the form because he would have been forced to reveal a disability, he was told that he would not be considered for the job. The EEOC has filed suit against the company for violating Title I of the Americans with Disabilities Act with its health form requirement. The agency also alleges that this is a violation of the Genetic Information Nondiscrimination Act (GINA), which bars employers from requesting or requiring genetic information from applicants.

(4) DOL Releases Softer Final Fiduciary Rule

The U.S. Department of Labor (DOL) softens its final fiduciary rule for retirement advisors. The DOL has released its long-awaited final fiduciary rule, with some notable changes after the comment period. The new regulation still requires brokers for individual retirement accounts to act in their clients' best interests and expands the definition of who qualifies as an investment advice fiduciary. But in the final rule, the DOL has made some concessions to opponents of the regulation. These adjustments include a simplification of the "best interest contract exemption" and a grandfather provision that prevents the new standard from applying to recommendations made before the rule goes into effect.

(5) In-House Tip of the Week

Brian Rauch, General Counsel for Harvard Maintenance, shares some advice on dealing with unions around the country.

For more information and to subscribe, visit http://www.ebglaw.com/news/employment-law-this-week-paid-parental-leave-nlrbs-top-issues-health-history-forms-final-fiduciary-rule/. 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.