Today's Wall Street Journal story about the CEO whose "Pity City" comments provoked outrage after a viral TikTok premiere is yet another cautionary tale about the instant infamy social media brings to an employer's gaffes. ...more
The NLRB's decision addressing non-disparagement provisions and its General Counsel's recent follow-on advisory about the scope of that decision demand the attention of businesses that routinely employ these provisions. ...more
Employers with SVB accounts face a serious predicament with an imminent and urgent need to make payroll. Given the potential liabilities that result from missed wage payments, there are some steps employers can take now to...more
The Ninth Circuit Court of Appeals recently struck down a California law that prohibited employers from mandating the arbitration of workplace disputes. This puts arbitration back in play in California for most employment...more
Layoffs may lead the news cycle these days but what may be lost in the digital dilemma of mass terminations is the utility of information that exiting employees might provide. Employers may think that a departing employee has...more
The recent New York Times piece about the chaos arising from terminating remote workers highlights the difficulties employers face when laying off a distributed workforce of digital workers. Few employers are able to deliver...more
California’s pay transparency law became effective on January 1, 2023, though it was lacking clarity on some key items at the time of its passage. Our previous advisory describing the new law, its requirements, and its...more
Today's news about the Federal Trade Commission's proposal to ban or severely limit non-compete agreements simply moves what has long been a focus of state regulation to the Federal level. Many states (Massachusetts, Colorado...more
Today's news about Twitter's sale and the tidying up of its executive suite highlights a little-discussed and poorly understood compensation practice: the retention bonus. A key feature in the mergers and acquisition context,...more
California has now joined New York City and Colorado in requiring employers (for Golden State employers, of 15 or more) to publish “pay scales” in job postings. As with many things California, however, the new law (which...more
California joined the ranks of statutory pay transparency when Governor Newsom signed a bill into law that requires California employers (of 15 or more) to publicize the pay scale for any advertised positions. The new law,...more
On September 27, 2022, Governor Newsom signed SB 1162 (the “Act”) into law, which aligns California with a growing national trend mandating pay transparency in the workplace. The Act will impose new requirements on many...more
9/29/2022
/ Bureau of Labor Statistics ,
California ,
Civil Monetary Penalty ,
EEO-1 ,
Governor Newsom ,
Job Applicants ,
NAICS ,
Pay Data ,
Pay Transparency ,
Reporting Requirements ,
Salary/Wage History
The Wall Street Journal reported this week that performance reviews are back after a period of "benign neglect' that featured management's focus on other things (like a worldwide pandemic, an overnight distributed workforce,...more
Quiet quitting continues to dominate the headlines. Today's report in the Wall Street Journal features a Gallup study that suggests nearly half of American workers are "psychologically detached" from their jobs. This study...more
Today's Wall Street Journal piece about the "quiet quitting" backlash raises some good points about workplace performance management. For those not in the know, "quiet quitting" is the decision by some workers to do just...more
Earlier this year we wrote on the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana that struck a major blow to California’s Private Attorneys General Act (“PAGA”). Now on the heels of the Viking River...more
Today's New York Times article about funky pandemic-driven job titles ("Chief Heart Officer" "Head of Dynamic Work" and "Vice President of Flexible Work" to name a few) highlighted some new roles the pandemic has stimulated....more
Apparently so, according to an article in today's Wall Street Journal reporting on a study undertaken to explore whether political diversity in the Csuite impacts a company's performance. While the study didn't have a clear...more
The Wall Street Journal reported today on what appears to be a growing bait-and-switch trend of advertising a position as "remote" when in fact the position is either partially remote or not remote at all. Launching a lawsuit...more
If you read our blog piece about whether ERISA preemption is available as a defense to criminal charges brought against companies that provide group health plan coverage for equal reproductive rights, you know that there is a...more
On June 24, 2022, the Supreme Court issued its much-anticipated decision in Dobbs v. Jackson Women’s Health Organization. The decision explicitly reverses Roe v. Wade, thereby radically altering the legal and political...more
6/27/2022
/ Abortion ,
Corporate Counsel ,
Department of Labor (DOL) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
MHPAEA ,
Preemption ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
The U.S. Supreme Court has given businesses with California employees the option (at least for now) to avoid employee-initiated court proceedings under California’s Private Attorneys General Act (PAGA). On June 15, 2022, the...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Injunctive Relief ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Waivers
On the heels of the April 1, 2022 court decision striking down California’s groundbreaking statute requiring underrepresented community mandates for corporate boards, a different trial court dealt the state’s corporate...more
Jen Rubin, chair of Mintz’s ESG practice group, looks at the recent California court decision striking down the state’s law mandating corporate board seats for underrepresented communities. She says boards still need to...more
The New York City Commission on Human Rights has released a Fact Sheet entitled Salary Transparency in Job Advertisements, which provides much-welcomed guidance to employers on the NYC Salary Range Transparency Act. Some...more