Employment & Labor

Recently I had the opportunity to interview Nolan Bushnell and Jason Crawford, co-founders of Modal Systems, a LA based virtual reality start-up company.  Nolan is a serial entrepreneur who has founded many companies, but you probably recognize Atari and Chuck E. Cheese as his most notable.  My full interview is available on iTunes here. The most notable lessons for entrepreneurs from the interview: 1. Leaders are always learning. I had an outline of issues…
The purpose of this post is to highlight compensatory action items that publicly-traded issuers should consider this proxy season.  Such considerations include: Chase the Say-on-Pay Vote.  The most common reason for a negative recommendation from ISS is a perceived pay-for-performance disconnect within the compensation structure.  Robust disclosure on this point can help, especially disclosure that clarifies why certain performance criteria were used and explains the degree of difficulty associated with achieving target performance. Consider an Annual Equity Grant Policy.  Some issuers grant…
In this episode of The Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss the key considerations for ERISA plan fiduciaries when delegating investment authority over plan assets.  We will break down some of the material ERISA issues that may apply when an ERISA plan hires a separate account investment manager or invests in a private investment deemed to be holding ERISA plan assets.  Listen to the podcast
Once again, the percentage of private sector union-represented workers fell – to 6.4% in 2018, from 6.5% in 2017, according to the Bureau of Labor Statistics of the U.S. Department of Labor. Highlights from the “Union Members – 2018” report include: Men had a higher union representation rate than women (11.1% to 9.9%). Black employees were more likely to be union members than Caucasian, Asian or Hispanic employees. Older workers were unionized at a higher…
Associations and Unit Owners frequently disagree over who is responsible to pay for repairs to certain items.  Sometimes it is easy to figure out.  The Association needs to pay for repairs to the community swimming pool, and the Unit Owner needs to fix the stove.  Whenever the item to be repaired gets close to the boundary of the Unit, however, the answer to this question becomes more difficult.  I came across an interesting case, Winchester
Once again, the Trump-era National Labor Relations Board (“NLRB”) has overruled a previous Obama-era Labor Board decision, establishing an objective test for determining whether statements made by an employee constitutes protected activity under the National Labor Relations Act. The case, Alstate Maintenance, LLC and Greenidge, 367 NLRB No. 68 (2019), came before the Labor Board after an employee of Alstate, a skycap at JFK International Airport, was terminated when he refused to perform work based…
The recent attention to the gender pay gap has exposed the extent to which women are underrepresented in senior and highly paid roles, but there is similar cause for concern in many parts of the globe in relation to underrepresentation of certain ethnic groups. While this issue is more complex in many regards, there is a clear business case for action. Click here to read the article which discusses the complexity of the ethnicity pay…
Haynsworth Sinkler Boyd announced that veteran labor and employment lawyer Lisa R. Claxton has joined the firm as Special Counsel in the Greenville office. Lisa has extensive experience investigating, researching, analyzing and advising businesses on complex employee relations issues. She represents businesses in employment litigation before federal, state and local regulatory agencies in matters involving allegations of discrimination, harassment, failure to accommodate and wrongful termination. She is also experienced in governmental law, having established Spartanburg…
Nationwide, many states are amending their employment laws to address the uncertainty of the joint employment doctrine under federal law, as evidenced by the apparent conflict between the recent D.C. Circuit decision in Browning-Ferris Industries of California Inc. v. National Labor Relations Board and the Board’s proposed rules on the subject. In an effort to address this uncertainty, Gov. Kasich, before leaving office in December, signed H.B. 494 into law. Effective March 20, 2019, H.B.…
As of January 1, 2019, intersex Germans, meaning Germans with sex characteristics not fitting neatly within the standard understanding of males and females, will be able to register their gender as “divers,” which translates to “miscellaneous.” This new gender classification will be included on such documents as birth certificates, passports, and driver’s licenses. Since 2013, Germany has permitted parents of babies born without a clear gender to leave the baby’s gender status blank so that…

Employment & Labor Blogs