Skip to main content

What I've Been Reading This Week


It has been quite some time since I have covered a ban the box measure/bill/law/ordinance.  With that being said, I want to point readers to a development out of Kansas City yesterday on the topic.  While Missouri has banned the box for state hiring a few years ago (and the Kansas City government previously implemented the policy for many city employees), this is still a big step for ban the box advocates.

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


Paid Leave Appears to Be Full Steam Ahead in Maryland

Recently, I had pointed readers to an update in Maryland in which, after the General Assembly overrode a veto by Governor Larry Hogan, the state was on track to implement paid leave this month.  However, there was some concern that such a quick implementation of the law gave employers in the state little time to prepare and plan accordingly to ensure compliance.  As Scott Dance at The Baltimore Sun writes, an attempt was made to delay implementation of the law for two months (to allow employers to prepare), but that appears to have gone nowhere.  Therefore, employers in the state are now on the clock with February 11 being the date this law is set to take effect.  This is good news for paid leave advocates that have fought a long battle to implement paid leave in Maryland...but a burden on employers who now will have to act quickly to ensure compliance.


Kansas City Council Approves Ban the Box Measure

Yesterday, the Kansas City Council approved a ban the box measure which will bar employers from asking applicants about their criminal records until later in the application process.  Now keep in mind that employers are not required to hire applicants with a criminal record.  Instead, as with many ban the box measures, this prohibition on asking about criminal records is meant to put all applicants on a level playing field without "coloring" the minds of employers during the initial application process.

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...