Help wanted. Since March 2022, the Federal Reserve has increased its target interest rate from a range of 0.25-0.50 percent to 5.25-5.50 percent, the steepest rate increases in four decades. The purpose of the increases was...more
Will Congress go for it?
On April 3, Major League Baseball and the MLB Players Association agreed to the first-ever collective bargaining agreement covering minor league baseball players. As I previously discussed, this...more
The pandemic altered some employment norms.
The COVID-19 pandemic has altered a variety of employment norms. There is considerable debate about which changes are transient and which are more durable, particularly given...more
Here’s the rundown on the likely candidates.
The NFL Players Association’s Board of Player Representatives will reportedly be meeting in June to consider and potentially vote on a new Executive Director to replace...more
Whom does the union represent?
The National Basketball Association and the National Basketball Players Association, the players’ union, recently agreed to a new collective bargaining agreement. The negotiations and...more
Can you grieve a tort claim?
Briefing was recently completed in a case between a pro football player and the National Football League that could have ramifications for the resolution of future player-league...more
That's a good thing.
On April 1, the National Basketball Association and National Basketball Players Association announced that they had reached an agreement on a new collective bargaining agreement. The new deal, which...more
What do the experts have to say?
There is no shortage of news about employment and workplace trends and issues, but much of the commentary lacks a strong evidentiary basis. For example, while “quiet quitting” made...more
Who can negotiate on his behalf?
Baltimore Ravens quarterback Lamar Jackson is one of the most skilled and exciting players in the National Football League. In 2019, he threw for 36 touchdowns and ran for seven more on his...more
The absence of job dissatisfaction is not job satisfaction.
The United States is experiencing a historically tight and transient labor market. Employers seeking to remain competitive in such a market would be wise to...more
Where does the case go from here?
On March 1, a federal judge in New York issued a split decision in a class action lawsuit brought by three Black coaches against the National Football League and certain clubs, alleging a...more
There is a better option.
A recent report from the government of the United Kingdom proposing a governmental regulatory body to oversee English football (what Americans know as soccer) should be perplexing for those who...more
The California legislature has expressed a steady animus toward arbitration agreements, particularly in the employment context. On multiple occasions, the legislature has passed laws restricting the use of arbitration...more
The data are not as supportive as claimed.
On February 21, a consortium of advocacy groups and academics released a report on a program piloting four-day workweeks for employers in the United Kingdom from June to December...more
What does that mean for hockey?
The news that the National Hockey League Players Association will be hiring U.S. Secretary of Labor Marty Walsh as its Executive Director is interesting. What does his hiring mean for the...more
How can employers be prepared?
In November, OpenAI, an artificial intelligence research outfit backed with billions of dollars from Microsoft, Elon Musk, and others, released ChatGPT, an artificially intelligent chatbot...more
On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more
2/1/2023
/ California ,
Civil Monetary Penalty ,
Compliance ,
Independent Contractors ,
Labor Law Violations ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Staffing Agencies ,
State Attorneys General ,
Wage and Hour ,
Wage Theft
The non-statutory labor exemption might help some employers.
On January 5, the U.S. Federal Trade Commission issued a proposed rule that, if implemented, would ban nearly all post-employment covenants not to compete...more
1/11/2023
/ Antitrust Provisions ,
Collective Bargaining ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Joint Venture ,
Multiple Employer Plan (MEP) ,
NLRA ,
Non-Compete Agreements ,
Proposed Rules ,
Sherman Act ,
Sports ,
Unions
Another win for behavioral economics.
On December 22, Congress passed an omnibus spending package that incorporated numerous pieces of legislation, and President Biden signed it into law on December 29. One provision...more
In December 2020, the New York City Council passed the Wrongful Discharge Law, which prohibited fast food employers from terminating employees “except for just cause or for a bona fide economic reason.” A bill has now been...more
The court punted.
On November 21, a federal judge in New Jersey dismissed a lawsuit by former New York Jet Rontez Miles against the National Football League. Mr. Miles had asserted claims for negligence, and violations of...more
The precedents conflict.
On November 15, Denver Broncos linebacker Aaron Patrick sued the National Football League, ESPN, the Los Angeles Chargers, the entities that own and operate SoFi Stadium, and others, in California...more
Last Monday, the U.S. Supreme Court heard oral argument in two cases challenging the use of race as one factor among many by colleges in considering student applicants. The cases are Students for Fair Admissions v. University...more
The game has changed.
On August 29, the Major League Baseball Players Association, the union representing players in Major League Baseball, announced that it was assisting players in Minor League Baseball in seeking to...more
In July 2019, Maryland banned non-compete clauses for employees who earn $15 an hour or $31,200 a year, or less. In 2020, neighboring Virginia passed a law prohibiting non-competes for “low-wage employees” (individuals...more