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Published on Tuesday, May 16, 2017

Quick Hits - May 17, 2017

Two republican attorneys to be nominated to NLRB:  Attorneys Marvin Kaplan and William Emanuel will be nominated by President Trump to fill the two openings on the five-member National Labor Relations Board. Trump plans to nominate Kaplan and Emanuel by June, following completion of their FBI background checks.  If Kaplan and Emanuel are confirmed, the board will have a 3-2 Republican majority. Emanuel is a labor attorney and Kaplan is counsel to the Commissioner of the Occupational Safety and Health Review Commission.  Kaplan led efforts to fight DOL overtime and the 2012 unconstitutional NLRB recess appointments and  drafted the Workforce Democracy and Fairness Act legislation that sought to overturn the Board’s 2012 Specialty Healthcare bargaining unit decision and “quickie election” rulemaking by amending the National Labor Relations Act.   Emanuel has extensive experience representing employers in traditional labor matters.  Following Senate confirmation of the new board members, expect the board to revisit and, perhaps, reverse its Obama-era rulings on class action waivers, joint employer, temporary workers, quickie elections, expansion of protected concerted activity (e.g., its impact on workplace policies), definition of appropriate bargaining units, the  status of college/university faculty and student athletes, among others.  Source: Jackson Lewis 5/11/17

Average pay for new grads at highest in years: The average base pay for college grads this year ticked to the highest level in at least a decade, to $49,785, according to an analysis of more than 145,000 entry-level positions by executive-search firm Korn/Ferry International.  Adjusted for inflation, today’s salaries are 14% higher than those of students who graduated in 2007 before the start of the recession, and reflect overall strength in hiring as the national unemployment rate hovers at a 10-year low. Starting salaries in software-development roles climbed 5% in the past year to $65,232, while engineers are expected to earn $63,036 on average, up 1%. Also near the top of this year’s list of highest-earning grads are actuaries, at $59,212, and entry-level scientists and researchers, at $58,773.  While graduates who make their way to jobs in San Francisco and New York are expected to take home higher paychecks than their peers in Los Angeles, Chicago and Atlanta, all major metro areas saw big jumps in average salary for entry-level degree-holders, according to the Korn/Ferry research. Source: The Wall Street Journal 5/12/17

Summer hiring expected to jump in 2017: According to a new CareerBuilder survey 41% of employers plan to hire seasonal workers for the summer, a significant jump from 29% last year. Of those who are hiring summer workers, 34% are hiring a friend, 30% a family member and 19% their child. A large majority of employers hiring this summer (79%) say they will consider some summer hires for permanent positions – up from 76 % last year. Employers hiring seasonal workers this summer by company size:   Companies with 50 or fewer employees – 28% are hiring summer workers, compared to 23% last year. Companies with 250 or fewer employees – 37% compared to 27% last year. Companies with more than 500 employees – 45%, compared to 31% last year. More than 3 in 4 employers hiring for the summer (79%) will pay their summer hires or interns $10 or more per hour on average, up from 74% in 2016. One in 5 employers (19%) plan to pay $20 or more per hour.  Source: CareerBuilder 5/11/17

NYC passes ban on use of prior salary questions:  New York City Mayor Bill de Blasio signed into law on May 4, 2017, legislation that will prohibit employers from inquiring about, relying upon, and verifying a job applicant’s salary history. The bill, authored by New York City Public Advocate Letitia James, will apply to all employers in New York City, public and private. The legislation will take effect on October 31, 2017, 180 days after signing. This new law is similar to recently enacted laws in other jurisdictions, including Massachusetts, Puerto Rico, and Philadelphia. The obligations imposed by Local Law 67 will prohibit an employer, employment agency, employee, or agent from:  inquiring about the salary history of a job applicant and/or relying on the salary history of a job applicant when determining his or her salary amount at any stage in the employment process – including when negotiating a contract.  It goes as far as to define conducting a search of publicly available records or reports for the purpose of obtaining an applicant’s salary history as an inquiry. Two notable exceptions are if the applicant gives the data on his own, or if the employer discusses salary, benefits, and other compensation expectations so the applicant can compare with what his current employer offers. Source:  Jackson Lewis 5/5/17

US DOL to honor employers hiring veterans: Coming out of the Honoring Investments in Recruiting and Employing American Military Veterans Act (HIRE Vets Act), signed by President Trump on May 5, the U.S Department of Labor has created the HIRE Vets Medallion Program. The program will award employers who “recruit, retain, and employ veterans, and who offer charitable services in support of the veteran community.”  There will be two levels of awards for large, as well as small to mid-size employers. The criteria for the awards include:  percentage of employees who are veterans; percentage of veteran employees who are retained; establishment of veterans’ assistance and training programs; employment of dedicated human resources professionals for veterans; and income and tuition support for veterans. The department announced companies will be presented with awards under the program in connection with the celebration of Veteran’s Day.   Source: US DOL, Jackson Lewis 5/9/17

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