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What I’ve Been Reading This Week


Stop me if you have heard this before:  the coronavirus is likely going to interrupt many workplaces, whether that involves workplaces shutting down, cutting back on hours, allowing work from home, etc.  For those looking for a more in-depth deep dive on the topic, I would suggest turning on any news station, looking at any newspaper, or checking anywhere online.  While this blog is not meant to be the definitive resource on the matter, I did want to highlight one particular article which surmises that the impact of the coronavirus might result in work from home becoming a more commonplace (and prolonged option) for many workers.

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


Illinois Considering Banning Non Competes For All Employees

The National Law Review recently made note of HB 4699, a piece of legislation working its way through the Illinois House of Representatives which seeks to ban the use of non competes for all workers in the state.  Currently Illinois bans the use of non competes for low wage employees (defined as those making either the minimum wage rate or $13/hour.)  Should HB 4699 become law, this would certainly curtail the policies of many employers in the state.  While it is still too soon to say whether this proposal will become law, I would suggest keeping an eye on it over the coming months.


Study: Most Minimum Wage Hikes Arise Out of Cities & States, Not Congress

A recent study from The Pew Research Center provides a well researched (and easy to follow) breakdown of recent minimum wage hikes around the country.  A few key takeaways here:  1) with a partisan Congress that is divided on the issue, most minimum wage hikes have come from cities and states; 2) many of the subsequent increases to local/statewide minimum wage rates in the coming years are tied to the inflation index, rather than requiring Congressional action; 3) while some states such as Oregon and New York have implemented statewide minimum wage rates, those rates vary based upon cost of living rates in some cities; and 4) some cities and states, such as Seattle and Nevada, require employers to pay a higher minimum wage rate if they do not offer healthcare to their employees.  There is quite a bit to unpack with this study but it is worth reviewing for those looking for a thorough analysis of minimum wage rates throughout the country.


Joe Biden & Bernie Sanders Announce Support for AB 5

With the field of Democratic candidates for President winnowing down to two (sorry, Tulsi Gabbard) in recent weeks, both Vice President Joe Biden and Senator Bernie Sanders are canvassing the country courting voters.  Earlier this week, both came out in support of AB 5, one of the more embattled pieces of legislation in recent memory.  (For those needing a reminder, AB 5 is a bill that became law in California a few months ago.  AB 5 codified the ABC Test which makes it easier to classify a worker as an employee rather than an employee.)  While it is not overly surprising that both announced their support for the legislation, it is somewhat curious that this vocal support came out after the California primary a few weeks ago.


Could Coronavirus Result In Longterm Work From Home Options?

Let us call this article more of a food for thought position.  As Bob Sullivan over at GeekWire writes, the ongoing concern over the coronavirus has led to many employers encouraging (and in some cases mandating) that employees work from home rather than risk spreading (or catching) the coronavirus.   That has led to some wondering whether the sudden uptick in work from home options for workers might translate into work from home becoming a longterm (and more accepted) practice.  Of course, every situation and workplace is different so there is no “cookie cutter” answer.  For instance, some tech giants in Silicon Valley may have the means to allow their workers to work from home.  However, other positions such as a security guard or bus driver realistically would not have the ability to work from home.  It will be interesting to see how many employers start to gravitate toward allowing their employees to work from home, once the coronavirus situation is resolved.

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