Wyatt Employment Law Report


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New Legislation: Banning the Salary Question

By Amanda Warford Edge

At a job interview, a candidate is often asked: “What’s your current or most recent salary?” Usually, this question is feared.  After all, a low figure could limit the candidate’s starting pay, but a high number could make the candidate seem expensive.  Now, in a growing number of states and cities, the question is off limits, as employers face legislation that bars them from asking job candidates about their salary history or benefits.

Proponents of the new legislation argue that banning the salary question is necessary to ensure pay equity for women.  The argument is that by basing future salaries on previous wages, employers have been perpetuating the earnings divide.  In other words, because employers have historically relied heavily on salary history, the gender pay gap has Continue reading


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NLRB Takes on Boeing, Senate Republicans Take on NLRB

By Edwin S. Hopson

On April 20, 2011, in a press release, the NLRB’s Acting General Counsel Lafe Solomon announced that the General Counsel had issued an unfair labor practice complaint against the Boeing Company alleging that it violated the National Labor Relations Act “by deciding to transfer a second production line to a non-union facility inSouth Carolinafor discriminatory reasons.”

 In 2007 Boeing announced that it planned to assemble seven 787 Dreamliner airplanes per month at its Puget Sound facility inWashingtonstate.  That facility has employees represented by the International Association of Machinists. Later, Boeing announced that it would create a second production line to assemble an additional three planes per month, and in October 2009, specified that the second line would be placed at its facility inSouth Carolinathat is non-union.  According to Solomon, in repeated statements to employees and the media, company executives cited the unionized employees’ past strike activity and the possibility of strikes occurring sometime in the future as the overriding factors in deciding to locate the second line in the non-union facility.  After completing its investigation,Solomon, in his press release, stated:

  “A worker’s right to strike is a fundamental right guaranteed by the National Labor Relations Act,”Mr.Solomonsaid. “We also recognize the rights of employers to make business decisions based on their economic interests, but they must do so within the law. I have worked with the parties to encourage settlement in the hope of avoiding costly litigation, and my door remains open to that possibility.” Continue reading