Skip to main content

What I've Been Reading This Week


Non-compete agreements are always a favorite topic of mine.  This week, I came across a similar type of agreement used in the employment context (although different in many respects), "No Poaching" agreements.  As Janette Levey Frisch writes, while some employers may utilize these "No Poaching" agreements, the recent crackdown by the Department of Justice in regard to the use of these agreements should serve as a warning to employers:  be careful, be very careful.

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


Salary History Bans: An Overview

HRDive recently published an overview of the cities and states that have enacted bans on employers asking applicants about their salary history.  This particular article provides information on each ban, such as when the ban went into effect as well as some of the specifics of each particular ban (including links to the text of each law/ordinance as well as any amendments.)  Next week, I will highlight an effort in Colorado to implement such a ban.  For the time being, this particular should tide readers over until then.


Study: Post Millennials Slower to Enter Workforce

The Pew Research Center released a study late last year which noted that in a tight labor market, numbers show that the post millennial generation is slower to enter the workforce.  According to the report, roughly one in five (19%) 15 to 17 year olds report having worked at all last year, compared with approximately 30% the year before.  In comparison, about 48% of baby boomers in the same age group worked in 1968.  Among 18 to 21 year olds, 58% were employed last year compared to 72% that reported being employed in 2001.  In comparison, about 80% of baby boomers in the same age group worked in 1968.  What do these numbers show?  A) many younger workers are prioritizing school rather than work; and B) many "older" workers are likely holding onto jobs that would traditionally be taken by younger workers.  In comparison with prior years (and generations), the decrease in the younger workforce could be concerning for some employers.  It would be interesting to see whether these figures continue to decline over the next few years or whether they taper off or even revert in the opposite direction.


Seventh Circuit: ADEA Does Not Provide Disparate Impact Claim to Job Applicants

Late last month, the Seventh Circuit Court of Appeals issued a decision in Kleber v. CareFusion Corporation in which the Court held that while the Age Discrimination in Employment Act ("ADEA") protects employees from disparate impact age discrimination, the statute does not extend the same protections to job applicants.  The case came about after a 58 year old attorney applied for an in house counsel position with CareFusion.  The job post stated that CareFusion was seeking "a business person's lawyer" and listed the qualification "3 to 7 years (no more than 7 years) of relevant legal experience."  After not getting an interview, the attorney filed his ADEA claim on the grounds that the 7 year experience cap unlawfully intended to weed out older applicants.  The Seventh Circuit's opinion here is rather lengthy, but worth a read for those interested in one of the more prominent ADEA claims as of late.


Employers: Using "No Poaching" Agreements? Tread Carefully...

Janette Levey Frisch wrote an article yesterday in regard to "No Poaching" agreements which some employers often utilize.  These "No Poaching" agreements are an agreement between competitors not to take each other's employees.  While these agreements make seem beneficial to some employers, Janette points out that they are unlawful as they violate anti-trust laws.  Utilizing a recent case, the article notes the Department of Justice is starting to focus on employers that utilize these agreements and cracking down on their usage.  The takeaways from that case are worth reviewing as are the three takeaways at the end of the article. 

Comments

Post a Comment

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,...
Post a Comment
Read more

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...
Post a Comment
Read more

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
Post a Comment
Read more