Iman Masmoudi is a student at Harvard Law School.
In a slow day for labor news after the excitement over the weekend, A New York City law that requires employers to disclose salary rangers on job postings will go into effect May 15, 2022, JDSupra reports. Enforcement will be handled by the City Commission on Human Rights. Violations can result in up to $125,000 or up to $250,000 if the violations were found to be willful, wanton, or malicious. When establishing the maximum and minimum salary posting, an employer must exercise good faith as to what it believes it would pay for that position. Many hope that salary range disclosures will tilt negotiations in favor of workers and help to close pay gaps for women and people of color.
An article published by Ford Harrison LLP may signal a new direction for employers to get around recent bans on arbitration agreements: jury trial waivers. Given that President Biden just signed into law a bill to end forced arbitration for workplace sexual harassment claims and now the House has just passed a broader bill seeking to end forced arbitration for a plethora of employment disputes, employers are wary that forced arbitration in employment disputes may become a thing of the past. The article by Ford Harrison LLP points out that jury trials usually cost more in litigation fees, because time from filing to verdict is longer on average. Jury trials also return five times more in damages for plaintiffs on average than bench trials. Given this, it seems employers won’t be giving up easy after forced arbitration is taken off the table in employment contracts. Perhaps it is time for a review of the law surrounding jury trial waivers in the various states as this effort ramps up.
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October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.
October 9
DHS proposes a $100k fee for the foreign grad employment program; Trump suspends tech company access to green card program; and private equity perpetuates poor working conditions for home care workers.
October 8
NLRB judge finds UPS unlawfully restricted union insignia; Harvard graduate workers authorize second strike; OSHA orders Union Pacific to pay $300,000 in damages in whistleblower case.
October 7
DOL scraps plan to remove decades-old wage-and-hour guidance from federal regulations; New York enacts personnel records access law; Starbucks loses bid to dismiss Workers United trademark suit.
October 6
Protect College Sports Act dampens athlete unionization outlook; Stanford RA union decides to withdraw petition
October 5
Delaware bans captive audience meetings; EEOC settles remote work national origin discrimination claim; First Circuit stays enforcement order in VA's dispute with AFGE.