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.
Daily News & Commentary
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May 14
MLB begins negotiating; Westchester passes a new wage act; USDA employees sue the Agriculture Secretary.
May 13
House Republicans push for vote on the SCORE Act; Wells Fargo wins 401(k) forfeiture appeal; Georgia passes portable benefits bill.
May 12
Trump administration proposes expanding fertility care benefits; Connecticut passes employment legislation; NFL referees ratify new collective bargaining agreement.
May 11
NLRB Judge finds UPS violated federal labor law; Tennessee bans certain noncompetes; and Colorado passes a bill restricting AI price- and wage-setting
May 10
Workers at the Long Island Rail Road threaten to strike, and referees at the National Football League reach a collective bargaining agreement.
May 9
HGSU wraps up its third week on strike and economists find that firms tend to target workers with “wage premiums” for AI replacement.