What I've Been Reading This Week

Hardly a week (or day) goes by that I do not come across articles on minimum wage issues in cities, towns, and states across the country.  This week was no exception as developments emerged on the minimum wage fight in Alabama and the University of Wisconsin, among others.

As always, below are a few articles that caught my eye this week.

A Look at the Employment Law Legacy of Justice Scalia

Readers have likely heard about the recent death of Supreme Court Justice Antonin Scalia in February.  Over at the Orrick Employment Law and Litigation Blog, they have a good round up of the employment law legacy of Justice Scalia over the years.  Everything from his opinion in Wal-Mart v. Dukes to AT&T Mobility v. Concepcion is covered with an additional emphasis on what might happen to the current employment law cases pending before the Court.  Well worth a review!

Unease Continues Over NLRB's Franchisors & Joint-Employer Issue

Ron Ruggless has an interesting note about comments made at an International Franchise Association convention panel down in San Antonio late last month.  At the convention, it was suggested that franchisors should not panic over a December 2014 NLRB ruling which shifted the joint-employer status so franchisors could be held liable for employment actions taken by their franchisees.  At the convention, the panel pointed out that franchisors should do what is necessary to protect their brand image and not give up maintaining their brand standards.  Good advice, but little solace to some franchisors who are walking on egg shells now, fearful of this new joint-employer status.

The University of Wisconsin - Madison Raises Minimum Wage

Late last month, it was announced that the University of Wisconsin - Madison would raise its minimum wage rate for student employees from $7.25 to $9/hour starting next fall.  In addition, The Wisconsin State Journal noted that graduate assistants will see a 2% pay raise starting in July.  (Readers might remember New York Governor Andrew Cuomo's recent announcement of a $15/hour minimum wage rate for SUNY employees).  While $9/hour is still a far cry from $15/hour...this is a start.  It will be interesting to see if/when the minimum wage rate for these student employees increases...and how long it takes for another wage increase to take effect.

Pittsburgh Glass Works Loses Age Discrimination Case

In January, a jury found that Pittsburgh Glass Works ("PGW") unlawfully retaliated against a former employee who was going to file an age discrimination suit against the company.  The Pittsburgh Post-Gazette detailed that PGW was found to have violated age discrimination laws in 2010 when it fired an employee, who was 58 years old, that had worked at PGW (and its predecessor company) for over three decades.  After the worker (and several others in their 50's) filed a complaint with the EEOC, he was told that he could move up in the company if he "made the whole thing go away"...unfortunately, he was fired several weeks later.  

Employers, take note:  as the facts of the case laid out, PGW appeared to have violated the law by retaliating against the employee for his EEOC claim.  The penalty?  Over $900,000, plus attorney's fees.  Tread carefully!


Pro Hillary Clinton PACs Launch Equal Pay Ads

Interesting note from The New York Times in regard to recent ad buys by two PACs (political action committees) that support Hillary Clinton.  These two PACs have started to run ads that advocate for equal pay for women.  Readers might remember that I have highlighted several times that Hillary Clinton (and Bernie Sanders) has made equal pay a talking point on the campaign trail.  Granted, a few ad buys by these PACs likely will not tip the scales in either direction...but it does keep the equal pay issue at the forefront of the campaign and ensures it remains a talking point going forward.