Workforce Bulletin

Our colleagues in Epstein Becker Green’s Immigration Law Group recently published a special client alert: "DHS Releases New F-1 STEM OPT Regulations."

Following is an excerpt:

On March 11, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited final rule (the “2016 Rule”) allowing F-1 graduates to extend their Optional Practical Training (“OPT”) period if they have a degree in science, technology, engineering, or mathematics (“STEM”) from an accredited U.S. university and their prospective employer is registered in and using the ...

Our colleagues Anthony Laura and Matthew Aibel, attorneys at Epstein Becker Green, have a post on the Trade Secrets & Noncompete Blog that will be of interest to many of our readers in the technology industry: "Jurisdiction to Pursue Non-Compete Claims in the Age of Remote Employees."

Following is an excerpt:

With remote access technology becoming standard across industries, companies readily engage a multi-state workforce, with many employees residing outside of the employer’s home state.  While an expanded access to talent may be beneficial, one drawback is the ability to ...

Businesses of all sizes and in virtually every industry face the daily threat of a data breach or other cybersecurity event, as well as the challenge of managing the potentially catastrophic economic and reputational harm that can flow from such an incident. Further complicating matters is that these threats can come from any number of sources: hackers, phishers, spammers, bot-network operators, spyware and malware authors, insiders, other nations, organized criminal groups, and terrorists. SEC regulations require registered financial institutions—including ...

Our colleague Nancy L. Gunzenhauser, an Associate at Epstein Becker Green, has a post on the Retail Labor and Employment Blog that will be of interest to many of our readers in the financial industry: "Reminder: All Philadelphia Employers Must Post New Ban-the-Box Poster."

Following is an excerpt:

One of the requirements of the amended Philadelphia ban-the-box law has gone into effect. As of March 14, 2016, Philadelphia employers are required to post a new poster provided by the Philadelphia Commission on Human Relations in a conspicuous place on both the employer’s website and on ...

[caption id="attachment_1461" align="alignright" width="113"] Nancy L. Gunzenhauser[/caption]

On March 3, 2016, the EEOC issued a one-page fact sheet aimed at assisting start-ups and small businesses understand their responsibilities under the various federal employment laws. The fact sheet, which is available in over 30 languages, reminds employers that:

• employment decisions cannot be made on the basis of protected categories
• employers should establish policies that do not disparately impact employees on the basis of protected categories
• men and women must be provided ...

The top story on Employment Law This Week is the EEOC's filing of its first sexual orientation bias suits.

Last year, the Equal Employment Opportunity Commission interpreted Title VII of the Civil Rights Act to prohibit discrimination against an individual for sexual orientation. The EEOC concluded that sexual orientation discrimination is a form of unlawful gender discrimination. This month, the agency filed two landmark federal lawsuits seeking to enforce its interpretation of the statute for the first time. The agency is suing on behalf of workers at a company in Baltimore and ...

Our colleague Michael S. Kun, a Member of the Firm at Epstein Becker Green, has a post on the Wage and Hour Defense Blog that will be of interest to many of our readers in the hospitality industry: "Taco Bell Employees Likely Are Not Celebrating Their 'Victory' in California Meal and Rest Period Class Action."

Following is an excerpt:

More than a few media sources have reported on the March 10, 2016 wage-hour "victory" by a class of Taco Bell employees on meal period claims in a jury trial in the Eastern District of California. A closer review of the case and the jury verdict suggests that those ...

A featured story on Employment Law This Week is the Ninth Circuit's backing of the Department of Labor's rule on "tip pooling."

In 2011, the Department of Labor issued a rule that barred restaurant and hospitality employers from including kitchen staff in “tip pools,” which are sometimes used to meet an employer’s minimum wage requirements. The DOL ruled that kitchen staff should be excluded from pools even if the tips are not required to meet minimum wage obligations. Two district court decisions held that the department does not have the authority to regulate this ...

Our colleague Nancy L. Gunzenhauser, an Associate at Epstein Becker Green, has a post on the Retail Labor and Employment Blog that will be of interest to many of our readers in the technology industry: "Reminder: All Philadelphia Employers Must Post New Ban-the-Box Poster."

Following is an excerpt:

One of the requirements of the amended Philadelphia ban-the-box law has gone into effect. As of March 14, 2016, Philadelphia employers are required to post a new poster provided by the Philadelphia Commission on Human Relations in a conspicuous place on both the employer’s website and on ...

Our colleague Nancy L. Gunzenhauser, an Associate at Epstein Becker Green, has a post on the Retail Labor and Employment Blog that will be of interest to many of our readers in the hospitality industry: "Reminder: All Philadelphia Employers Must Post New Ban-the-Box Poster."

Following is an excerpt:

One of the requirements of the amended Philadelphia ban-the-box law has gone into effect. As of March 14, 2016, Philadelphia employers are required to post a new poster provided by the Philadelphia Commission on Human Relations in a conspicuous place on both the employer’s website and ...