Employment & Labor

On August 25, 2022, the U.S. Securities and Exchange Commission (SEC) voted to adopt the “pay-versus-performance” rule, requiring publicly traded companies (except foreign private issuers, registered investment companies, and Emerging Growth Companies) to provide clear disclosure to shareholders on the relationship between companies’ executive compensation and financial performance. The adoption finally implements Section 14(i) of the Securities and Exchange Act of 1934 (the “Exchange Act”), as added by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
Continue Reading The SEC Adopts Pay-Versus-Performance Disclosure Requirements for ExecutiveCompensation—Do They Relate to You?

The California State Legislature recently passed a Senate Bill 1162, a pay transparency bill intended to narrow the gender pay gap and differences in pay for Black and Latino employees. If the California Governor signs Senate Bill 1162 into law, California employers with 15 or more employees must include the pay scale for a position on all job postings and provide current employees with the pay scale for their position upon request. Moreover, employers with 100 or more employees must also submit an annual pay data report, including median and mean hourly rates for race, ethnicity and sex within each
Continue Reading The Growing Pay Transparency Trend and How Employers Should Prepare 

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some questions unanswered, it should provide some comfort to employers operating in an…
Continue Reading New Jersey Issues Guidance on Evaluating Cannabis Impairment in Employees

Legislation aimed at expanding green energy construction projects is spreading throughout the United States. With it, prevailing wage mandates and project labor agreements tied to such projects are becoming more common. Construction contractors representing various trades and sizes need to be aware of the fine-print when considering bidding on these projects — including simple repair and maintenance.
Continue Reading Bidding On Green Energy Construction Projects?  Watch Out For PrevailingWage and PLA Landmines!

A colleague of mine, Neil Lappely, head of Lappley & Associates & an expert in compensation strategy / executive compensation / incentive pay / salesforce compensation / market pricing / board of director pay, asked me the following about DEI strategy.
Wed, Aug 24, 7:11 AM
Hi Chuck,
Hope you are enjoying the last part of summer.
I ran across the attached Harvard Business Review article: To Drive Diversity Efforts Don’t Tiptoe Around Legal Risks.  Thought of you and have a question.  When does a goal turn into a quota?  I am in the position of suggesting to
Continue Reading Question From Colleague Re DEI

Recently, the 4th Circuit U.S. Court of Appeals issued a decision that expanded protections under the Americans with Disabilities Act (ADA) to people with gender dysphoria. While the case at issue was not employment-related, the implications of the decision are significant for all employers because it strengthens support for claims of ADA protection for individuals with gender dysphoria within the scope of employment, public accommodations, and government benefits and services.
Continue Reading Employers Need to Know Gender Dysphoria – Here’s Why

On August 29, 2022, the National Labor Relations Board (NLRB) examined workplace restrictions on the display of union insignia where employers require employees to wear uniforms or designated clothing. In a 3-2 ruling, the NLRB decided that Tesla, Inc. violated labor law by restricting employees from wearing pro-union t-shirts because such restriction implicitly prohibits workers from substituting union attire for required uniforms.
Continue Reading NLRB Rules that Restricting Pro-Union T-Shirts Violates Labor Law

Yeah, I get it. He’s taller than me. Significantly taller.
Ever since my son, Luke, was a wee lad, we dreamed of going on a major league baseball road trip together.
Baseball runs through our veins, so after years of dreaming, 2022 was our year.  Since the beginning of this year, we’ve been plotting, planning and scheduling the trip of a lifetime.
Just a few weeks ago, Luke and I made our way from Chicago to the east coast to catch major league baseball games at six different stadiums – Pittsburgh, Baltimore, Philadelphia, Boston, New York (Mets and Yankees).  Then,
Continue Reading What Does a Baseball Road Trip Teach Us About Bugging an Employee While They Take FMLA Leave?

Can I-Robot Hold a Patent?

An obscure but telling sign of when the robots will have taken over will be in evidence when they’re allowed to be named as inventors on patent applications.  But that day—when “I, Robot”-like artificial intelligence is thusly recognized as rivaling that of humans—hasn’t come about yet, at least not here in these United States.  So Sonny – the good robot in the movie I, Robot” – cannot hold a patent, at least not yet!
That came as a disappointment to Stephen Thaler, creator of the DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) AI
Continue Reading Asimov’s Robot Cannot Hold a Patent

On August 19, 2022, U.S. Immigration and Customs Enforcement (ICE) announced that it would be creating a rule with possible alternatives to the document review process of Section 2 documents for Form I-9, Employment Eligibility Verification.[1] The proposed rule would allow the Secretary of…
Continue Reading ICE Proposed Rule Offers Employers Alternatives for Physical Review of Documents for Form I-9

On August 16, 2022, the 7th Circuit Court of Appeals rejected the Equal Employment Opportunity Commission’s  (EEOC) attempt to increase the level of scrutiny given to sex discrimination cases under the Pregnancy Discrimination Act and the Civil Rights Act of 1964.  With this ruling the Appellate Court affirmed a summary judgment award given to a large retail chain by a District Court in Wisconsin.
Continue Reading Light Duty Program Excluding Pregnant Workers Given the OK by the 7thCircuit

In a continuance of the labor-friendly trajectory of the National Labor Relations Board (NLRB) under the current administration, the 9th Circuit recently issued a decision upholding the right of the NLRB to award legal fees to a union incurred during the collective bargaining process. This ruling should put all unionized employers on notice of the ripple effects of decisions such as this one on their own bargaining.
Continue Reading Employers Beware: Egregious Behavior During Collective Bargaining Can Lead
to Paying Attorney’s Fees to the Union

Texts can be held against you in court.

Alex Jones lawyers (perhaps inadvertently) turned 2-years of texts to the lawyers for the Sandy Hook families. What would be the repercussions for the disclosure if the trial were in Illinois?
The parents of a 6-year-old child that was killed in the Sandy Hook shooting had requested in discovery that Alex Jones turn over all the emails that related to shooting. Jones previously testified that he had searched his phone for texts about the Sandy Hook School shooting and found none, but Jones’s lawyers proved otherwise.

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Continue Reading If the Alex Jones Text Fiasco was in Illinois?

In Constellium Rolled Products Ravenswood v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit addressed the tension between a worker’s? Section 7 protected and concerted activity rights under the National Labor Relations Act and workplace harassment that’s forbidden by workplace anti-bias laws.  In a 2-1 ruling, the Court of Appeals held that the NLRB had adequate justification to rule that an employer violated federal labor law for firing a worker who wrote “whore board” on overtime sign-up sheets despite the employer’s contention that it was enforcing its anti-harassment policy.
Continue Reading Explicit Graffiti Case Illuminates The Necessity of Consistent and Uniform
Enforcement of Anti-Bias Workplace Rules