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What I've Been Reading This Week


This week, I came across several articles in regard to minimum wage issues as well as a recent development on the equal pay front out of New Jersey.  In an election year when middle class issues are at the forefront, these are two hot button issues that will likely remain increasingly prevalent over the next few months.

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


Supreme Court Nominee Merrick Garland Could Greatly Impact Labor & Employment Rulings

Thanks to a loyal reader of the blog for passing this article along.  As the heading suggests, and as Allen Smith writes, United States Supreme Court nominee Merrick Garland has a history of making several employee friendly rulings when he has been confronted with labor & employment law cases on the D.C. Circuit Court of Appeals.  Of note, in the 22 cases he has authored that dealt with labor & employment issues, 18 of those rulings deferred to the decisions from the National Labor Relations Board.  For those watching, this nomination is no sure thing...but if he does get confirmed, this could dramatically shift the way labor & employment cases are decided going forward.  Employers, take note.


A Closer Look at the Non-Compete Legislation Passed in Utah

Non-competes are always a favorite topic of mine and this development out of Utah jumped out at me.  Bryan Benard has an in depth look at the recent non-compete bill that was recently approved by the Utah legislature.  Under the bill, the duration of non-competes will now be restricted to one year after the employment ends.  As with any piece of legislation, there are exceptions...and in this case, that includes a provision that this law does not apply to current non-competes already in place, non-disclosure and confidentiality agreements, and non-competes related to the sale of a business, among other exceptions.  This article is well worth a read for a further look at the new legislation!


New Jersey Equal Pay Bill Now in Governor Christie's Hands

There was a development on the equal pay front earlier this week in New Jersey, as the state Assembly approved a bill that would strengthen protections for women in regard to wages.  The bill would make it illegal for employers to pay employees of different genders different rates for doing "substantially similar work."  At this point, the bill heads to Governor Chris Christie's desk for approval or a veto.  Note, the Governor has vetoed two similar bills previously.  Will this time be any different?  I have my doubts...although when the Governor was campaigning for President earlier this year, he seemed to indicate he supported equal pay protections.

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