News & Commentary

April 5, 2022

Iman Masmoudi

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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