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Search resuls for: "Employment Law"


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Climate change adds workplace costs and hazards
  + stars: | 2023-09-07 | by ( Mark John | ) www.reuters.com   time to read: +6 min
The 57-year-old's death in hospital was announced in late August - just as his trade union was ratifying a deal with UPS on improved heat protections. In a statement to local media, UPS (UPS.N) said it was cooperating with the authorities as they investigated the cause of death. "We train our people to recognize the symptoms of heat stress, and we respond immediately to any request for help," it said. Many European and other usually temperate countries still have no laws establishing maximum work temperatures. "Climate change is such a paradigm shift that all of us need to rethink these legacy economic assumptions," said NELP's Christman.
Persons: patchily, Chris Begley, Halshka Graczyk, Graczyk, Chaya, Anastasia Christman, Owen Tudor, Tudor, Jerome Volle, NELP's, David Stanway, Catherine Evans Organizations: UPS, Teamsters, International Labour Organization, Chiang Mai University, . Occupational Health, Safety Authority, Employment Law, International Trade Union Confederation, Reuters, Thomson Locations: Texas, Paris, Thailand, Myanmar, China, Singapore
The Department of Labor proposed a new rule that would update who's eligible for overtime. Currently, workers making under about $36,000 can get extra pay for extra hours. One study found that some firms give out fake manager titles to try and avoid paying their workers overtime. That means a sizable chunk would be eligible for overtime pay under the new $1,059 weekly threshold. It's not the first time that a Democratic administration has targeted the overtime threshold.
Persons: Judy Conti, Conti, they're, Julie Su, I've, Barack Obama Organizations: of Labor, Service, Biden, Department of, National Employment Law, Bureau of Labor Statistics, Democratic Locations: Wall, Silicon
Ex-Trump chief of staff Mark Meadows and former Acting U.S. Attorney General Matthew Whitaker are board members. The complaints come as many experts expect an uptick in challenges to corporate diversity programs following a U.S. Supreme Court ruling in June that prohibited race-conscious college admissions policies. “There certainly is a deep psychological effect that is putting the brakes on the forward movement of diversity in the workplace,” Rossein said. America First has also filed lawsuits accusing Target Corp and Progressive Insurance of breaching their duties to shareholders by adopting diversity programs and progressive marketing campaigns, for instance celebrating LGBTQ Pride Month. Commissioner Andrea Lucas, a Trump appointee, filed a dozen charges last year, more than any of her colleagues.
Persons: Trump, Stephen Miller, Donald Trump's Mar, Jonathan Ernst, Activision's, Kellogg, Morgan Stanley, Donald Trump, Mark Meadows, Matthew Whitaker, Rick Rossein, ” Rossein, Hershey, Andrea Lucas, Lucas, Gene Hamilton, Daniel Wiessner, Alexia Garamfalvi, Daniel Wallis Organizations: REUTERS, Activision Blizzard Inc, Kellogg, U.S, Opportunity Commission, America, Starbucks Corp, McDonald's Corp, Anheuser, Busch Companies, Hershey Co, Republican, Trump, Supreme, City University of New York School of Law, Target Corp, Progressive Insurance, Activision, Democratic, Thomson Locations: Lago, Palm Beach , Florida, U.S, America, Albany , New York
A sales assistant was left unemployed when a company rescinded her job offer after she'd given two weeks' notice. She says she left the review to "save even one person from potentially losing their job." Insider has verified their employment, as well as the job offer, but isn't naming them in order to protect their career prospects. Soon after the second interview, I received a job offer via email. I was just so flabbergasted that they would tell me to take down a negative review when it wasn't even my fault that they rescinded my job offer.
Persons: I'd Organizations: Service, New Locations: Wall, Silicon, New York City, Glassdoor
LONDON, July 27 (Reuters) - A former Barclays (BARC.L) director who was fired for sexual harassment has lost an employment lawsuit against the British bank in which he sought nearly 600,000 pounds ($770,000) in compensation, a London tribunal announced on Thursday. He argued at the East London Employment Tribunal in March that female colleagues fabricated allegations against him and that his dismissal was unfair. But his complaints of unfair dismissal, breach of contract and sex discrimination were rejected on July 10, according to a summary of the tribunal's findings published on Thursday. Barclays and Record's lawyer did not immediately respond to a request for comment. But Barclays said Record's dismissal was fair based on disciplinary findings including "unwelcome physical contact with a female colleague" and sexual harassment, filings showed.
Persons: Robert Record, Sam Tobin, Kirstin Ridley, Tomasz Janowski Organizations: Barclays, East, Employment, Thomson Locations: London
Affirmative Action in Contracting Faces Legal Peril
  + stars: | 2023-07-26 | by ( Judge Glock | ) www.wsj.com   time to read: 1 min
Wonder Land: Democrats said decades ago they alone would run policies for black Americans. Now comes the reckoning. Images: AP/Getty Images Composite: Mark KellyIn Students for Fair Admissions v. Harvard, the Supreme Court held that “racial balancing” was “patently unconstitutional,” and that affirmative action has to have a “logical end point.” There’s been a lot of commentary about how that will apply to employment law but less about another program of racial discrimination: favoritism to racial minorities in government contracts.
Persons: Mark Kelly, ” There’s Organizations: Harvard
Sen. Bernie Sanders, alongside other progressives, is again trying to raise the federal minimum wage. He's introducing legislation to bring the federal minimum to $17 by 2028; currently, it's $7.25. However, past attempts to raise the minimum wage have been stymied by Republicans and moderate Democrats. Under the latest version of the Raise the Wage Act, the federal minimum would climb to $17 by 2028. "The President shares Congressional Democrats' commitment to put workers first and supports increasing the minimum wage.
Persons: Sen, Bernie Sanders, Sanders, Michael Douglas, Gordon Gekko, Hakeem Jeffries, It's, Democrats —, Biden, Michael Kikukawa, Pramila Jayapal, Jayapal, Frances Holmes, Holmes Organizations: Republicans, Service, Democratic, Senate, Democrats, Institute, Workers, National Employment Law, Congress, White, Congressional Progressive Caucus, Oxfam America, Busch Locations: Wall, Silicon, St Louis , Missouri
Parts of Europe and the southern United States are expected to experience record-breaking highs, with consequences for human health and economic activity. As China faces sweltering heat, John Kerry, the U.S. climate envoy, met with the country’s premier to urge cooperation in fighting climate change. Microsoft and Activision reportedly plan to extend a deadline for their deal. The Competition and Markets Authority, which had previously moved to block the transaction, has set an Aug. 29 deadline for the talks. Under new rules negotiated by the Treasury Department, American businesses now have until 2026 before other countries can start imposing new levies on corporations deemed to have paid too little in the United States.
Persons: Fink, Jamal Khashoggi, John Kerry, isn’t, Elizabeth Warren, Tesla, Elon Musk, Biden Organizations: Investment Initiative, Northern, Microsoft, Activision, Bloomberg, The, Markets Authority, Massachusetts Democrat, Elon, Twitter, Treasury Department Locations: Saudi, Europe, United States, China, U.S, Massachusetts
Former Twitter employees in Ghana, who were laid off in November, have been left without severance pay and have not heard from the company for three months, sources told CNBC. As part of new owner Elon Musk's cost-cutting efforts, Twitter fired nearly all of the staff at its only office in Africa. Under Ghanaian employment law, staff must be paid redundancy and should be granted three months' notice before they are made redundant. Twitter's workers in the capital Accra were given less than a month, according to the sources. "Twitter has dealt with us in bad faith since we were laid off in November 2022.
Persons: Elon Musk, Porte, Elon Musk's, Musk Organizations: SpaceX, Tesla, Viva Technology, Porte de, Twitter, CNBC, Labour Office Locations: Paris, France, Ghana, Africa, Accra
Adolph sued Uber in 2019, claiming the company misclassified UberEats drivers as independent contractors rather than employees, who must be reimbursed for work expenses under California law. A unique California law called the Private Attorney General Act, or PAGA, allows workers to sue for employment law violations on behalf of the state and keep one-quarter of any money they win. The California Supreme Court said nothing in that law bars workers from pursuing claims on their own behalf in arbitration while separately litigating large-scale claims in court. Michael Rubin, who represents Adolph, said the ruling could spur companies to reconsider forcing workers' claims into arbitration if large-scale PAGA lawsuits can still proceed in court. Business groups maintain that arbitration is quicker and more efficient than court, allowing workers to recoup more money.
Persons: Erik Adolph, Adolph, Uber, Theane, Michael Rubin, Rubin, Daniel Wiessner, Alison Frankel, Alexia Garamfalvi, Josie Kao Organizations: Technologies, California Supreme, Private, Supreme, Viking, Business, Trade, U.S . Chamber of Commerce, Thomson Locations: California, U.S, Albany , New York, New York
My Boss Made Me Post This
  + stars: | 2023-07-16 | by ( Roxane Gay | More About Roxane Gay | ) www.nytimes.com   time to read: +4 min
As the weeks passed, I never received an official offer letter or had a discussion about a raise. Nearly two months later, I received my official offer, with no increase in salary, bonus or deferred structure. I still haven’t signed the offer letter. Do you like your job enough to sign the offer letter and see what happens? If your employer can afford to pay everyone else in your organization a full-time salary for working 30 hours a week, they can afford to pay you a full-time salary for working 30 hours a week.
Persons: haven’t, I’m Locations: New York
"Essence is the most deceptive Black media company in America. Essence Magazine was first published in 1970 at a time when Black business and civil rights leaders called for greater self-determination and empowerment. The magazine was the brainchild of a group of four Black businessmen who identified a lack of publications for Black women in America. "And that is to serve Black women deeply, to serve women of color in a way that no one else has thought about." Essence CEO Michelle Ebanks, Richelieu Dennis, and Essence chief content & creative officer Moana Luu at the 2020 13th Annual ESSENCE Black Women in Hollywood luncheon.
Persons: Richelieu Dennis, Dennis, Susan Taylor, Taylor, , Jason Kempin, wasn't, Essence Communications Michelle Ebanks, Rich Dennis, Arturo Holmes, Margarita Corporan, Forbes, let's, Black, didn't, Sandra Okerulu, Michelle Ebanks, Luu, Moana, Rich Polk, Wears, Danielle Young, Julee Wilson, Candace Montgomery, Wilson, Montgomery, Martha, Martha Dennis, Rechelle, Sophia, Richelyna, Alan Lescht, bristled, Ebanks, Joy Collins Profet, Readers, Essence's, Collins Profet, Caroline Wanga, — it's, Wanga, unappreciated, Travis Montaque, cofounders, Lionel Hahn, Yesha Callahan, Rich, That's what's, Yoonji Han Organizations: Black, Essence Magazine, Time Inc, Vogue, Sports, Essence Communications, Entertainment, New York Times, Meredith Corporation, Brands, Ventures, Upfronts, Babson College, The, Depot, PepsiCo, Accenture, Unilever, Inc, Magazine, Magazine's, Penske Media, Getty, Essence Ventures, Afropunk, Vice Media, Black Entertainment Television, Digital, Sports Illustrated, Media, Fortress Investment, NASDAQ, Trace Media, texturism, Hamptons, Readers, Employees, Staff, BET, Culture, Democracy, Inkwell, Essence Locations: America, Black, Liberia, Queens, shea, Moana Luu, Martinique, France, Paris, Philippines, Hollywood, Industry City, Brooklyn, Cannes
On June 28, 2020, a group of women using the name Black Females Anonymous published a damning public letter that shook Essence magazine, the leading publication for Black women in America, to the core. Essence magazine was launched in 1970 at a time when Black business and civil-rights leaders called for greater self-determination and empowerment. The magazine was the brainchild of a group of four Black businessmen who identified a lack of publications for Black women in America. "And that is to serve Black women deeply, to serve women of color in a way that no one else has thought about." Essence CEO Michelle Ebanks, Dennis, and Essence chief content and creative officer, Moana Luu, at the 2020 13th Annual Essence Black Women in Hollywood luncheon.
Persons: Richelieu Dennis, Dennis, haven't, Susan Taylor, Taylor, , Jason Kempin, wasn't, Michelle Ebanks, Rich Dennis, Arturo Holmes, Margarita Corporan, Forbes, let's, didn't, Sandra Okerulu, Ebanks, Luu, Moana, Rich Polk, Wears, Danielle Young, Julee Wilson, Candace Montgomery, Wilson, Montgomery, Martha, Martha Dennis, Rechelle, Sophia, Richelyna, Alan Lescht, bristled, Joy Collins Profet, Readers, Essence's, Collins Profet, Caroline Wanga, — it's, Wanga, unappreciated, Travis Montaque, cofounders, Lionel Hahn, Yesha Callahan, Rich, That's what's, Yoonji Han Organizations: Black, Time Inc, Vogue, Sports, Essence Communications, Entertainment, New York Times, Meredith Corporation, Essence, Inc, Brands, Ventures, Upfronts, Babson College, The, Depot, PepsiCo, Accenture, Unilever, Magazine, Magazine's, Penske Media, Getty, Essence Ventures, Afropunk, Vice Media, Black Entertainment Television, Digital, Sports Illustrated, Media, Fortress Investment, NASDAQ, Trace Media, texturism, Readers, Employees, Staff, BET, Culture, Democracy, Inkwell Locations: America, Black, Liberia, Queens, shea, Moana Luu, Martinique, France, Paris, Philippines, Hollywood, Industry City, Brooklyn, Cannes
That effort, if it had been approved, would have killed Carroll's lawsuit because the government can shield itself from civil liability under the doctrine of sovereign immunity. The DOJ had not played a role in that lawsuit, as the alleged actions occurred outside of Trump tenure in the White House. "We are grateful that the Department of Justice has reconsidered its position," Carroll's lawyer, Roberta Kaplan, said in a statement. "Now that one of the last obstacles has been removed, we look forward to trial in E Jean Carroll's original case in January 2024." The letter also said: "Moreover, the circumstantial evidence of Mr. Trump's subjective intent in making theallegedly defamatory statements does not support a determination in this case that he wassufficiently motivated by a desire to serve the United States Government."
Persons: Jean Carroll, Donald Trump, E, Carroll, Trump, Westfall, Donald J, Brian Boynton, Boynton, Roberta Kaplan, Kaplan, Jean Carroll's, Bergdorf Goodman, Bill Barr, District Judge Lewis Kaplan, Joe Biden Organizations: The, Justice, Trump, DOJ, Washington , D.C, ., White, Department, United States Government, Department of Justice, CNBC, U.S, District, 2nd Circuit U.S, of Appeals Locations: Manhattan, New York City, United States, New York, Trump, Washington ,, Washington, Columbia
$12 billion HR startup Deel is facing calls for a California Secretary of Labor investigation. Multiple California state senators criticized Deel for misclassifying workers, citing reporting from Insider. The company is heavily reliant on independent contractors, Insider previously reported. A California senator is calling for the state's Secretary of Labor to investigate Deel, a buzzy San Francisco-based HR startup valued $12 billion, over "brazen employment misclassification." 17 current or former Deel workers had told Insider in March that they had concerns the company may be misclassifying contract workers' employment status.
Persons: Deel, Stewart Knox, Stephen Padilla, Andreessen Horowitz, Emerson, Alex Bouaziz, Padilla, Dave Cortese, María Elena Durazo, We've, Thomas Lenz Organizations: Labor, Morning, Labor and Workforce Development Agency, Contractors, Senate Labor, Public, Global Employment, University of Southern California Gould School of Law Locations: California, San Francisco, Canada, Australia, France, Germany, Spain, Greece, Brazil, Turkey, India, Pakistan, Hong Kong, Singapore, Philippines, Nigeria
[1/2] A screen shows the logo and a ticker symbol for The Walt Disney Company on the floor of the New York Stock Exchange (NYSE) in New York, U.S., December 14, 2017. REUTERS/Brendan McDermid/File PhotoJune 30 (Reuters) - Walt Disney (DIS.N) has been accused of systematically underpaying women in California in a lawsuit that alleges the company's female employees in the state earned $150 million less than their male counterparts over an eight year period. An analysis of Disney's human resource data from April 2015 through December 2022 has found female Disney employees were paid roughly 2% less than male counterparts, the filing said. Nine current or past Disney employees have joined the suit. Lower pay for women in California would breach the state's Equal Pay Act and the Fair Employment & Housing Act.
Persons: Brendan McDermid, Walt Disney, David Neumark, Shawna, Swanson, LaRonda Rasmussen, Lori Andrus, Dawn Chmielewski, Edwina Gibbs Organizations: Walt Disney Company, New York Stock Exchange, REUTERS, Disney, University of California Irvine, Housing, Thomson Locations: New York, U.S, California, Los Angeles
Edward Blum, the founder of the group that brought Thursday's Supreme Court case, made it clear in a statement that he would be watching schools' reaction closely. But such programs could draw legal challenges claiming that schools are simply using other criteria as a substitute for race. A divided appeals court rejected the parents' claim, but many legal observers say the Supreme Court could choose to take up the case. Some employment lawyers also warned that Thursday's decision, while focused on colleges, nevertheless could encourage more legal challenges to corporate diversity and inclusion programs. But in practice, corporate programs can sometimes give the appearance of granting preferences to particular groups, and the Supreme Court ruling could fuel opposition to them, said Krissy Katzenstein, a partner at Baker McKenzie in New York who represents employers.
Persons: McKenzie, John Roberts, Roberts, Dayna Bowen Matthew, George Washington, Brian Fitzpatrick, Edward Blum, Blum, Evan Caminker, Krissy Katzenstein, Baker McKenzie, Joseph Ax, Dan Wiessner, Tom Hals, Amy Stevens, Daniel Wallis Organizations: Baker, . Constitution, Vanderbilt University, University of Michigan, Companies, Thomson Locations: ., California, Virginia, New York
But “employment decisions are more often individualized decisions,” focusing on the fit between a candidate and a job, she said. The more meaningful effect of the court’s decision is likely to be greater pressure on policies that were already on questionable legal ground. Those could include leadership acceleration programs or internship programs that are open only to members of underrepresented minority groups. For example, a company’s policy may encourage recruiters to seek a more diverse pool of candidates, from which hiring decisions are made without regard to race. That is partly because of the growing attack from the political right on corporate policies aimed at diversity in hiring and other social and environmental goals.
Persons: ” Pauline Kim, Louis, , Mike Delikat, ” Mr, Delikat, , Organizations: Washington University Locations: St
“It also indicates that Black fathers often step into the role of (stepparent) or maintain consistent involvement when living outside of the home,” he added. “You really do have uncles and grandparents and coaches and community members, pastors that can step in and really provide all those things like the guidance, the empathy, the attunement and support.”"A loving Black dad raised me and a loving Black dad raised him. Often, movies, TV shows and news stories about Black fathers come from secondary sources — not by Black dads or those who have been raised by them, Givens said. Courtesy Halisi TambuziHow to right this narrativeFor a narrative that better represents Black fathers, we need to emphasize who is telling the story, Givens said. The Black American Dad Foundation and other groups are trying to put out stories from Black fathers themselves, Givens said.
Persons: Jeremy Givens, , , ” Givens, Givens, Jennifer Noble, ” Noble, Cohen Givens, , Noble, Dr, Erlanger Turner, Turner, isn’t, , Alecia Hooks, Braylon Hooks, Zayden Hooks, Hooks, Anthony Hooks, Black, ’ ” Noble, Tambuzi, Cohen, ” Givens can’t Organizations: CNN, Black American Dad Foundation, US Centers for Disease Control, Pepperdine University, American Dad Foundation Locations: United States, Los Angeles, Malibu , California, Arizona
She later accused Fox News CEO Suzanne Scott of being complicit in the alleged coercion and claimed Fox’s lawyers deleted messages from her phone. Grossberg also made a number of eye-popping allegations about the workplace environment at Fox News, accusing the network of rampant sexism. Fox News previously said that Grossberg’s lawsuit was “riddled with false allegations.” The network repeatedly insisted that its lawyers always acted appropriately. Regardless, Grossberg’s eleventh-hour lawsuit unquestionably changed the course of Dominion’s case against Fox News, which ultimately settled for an unprecedented $787 million. Smartmatic, another election technology company suing Fox News, has also subpoenaed Grossberg to testify in its case against the network.
Persons: CNN —, Abby Grossberg, Lachlan Murdoch, Maria Bartiromo, Tucker Carlson, Suzanne Scott, Grossberg, ” Grossberg, Nancy Pelosi “ Organizations: CNN, CNN — Fox, Fox News, Systems, Fox, Dominion, New Locations: New York
Fox News would likely prevail in a lawsuit against Carlson, says employment lawyer Peter Rahbar. Fox News earlier sent a cease-and-desist letter to Carlson over his new Twitter show, per Axios. Tucker Carlson has defied Fox News' cease-and-desist letter, an attempt to block him from hosting more episodes of his new Twitter show. As part of his contract, Fox News has exclusive access to Carlson's content, effectively barring him from appearing on other platforms until the end of 2024. "Tucker's contract is likely very similar to the ones Fox has entered into with all their talent," said Rahbar.
Persons: Carlson, Peter Rahbar, Tucker Carlson, Tucker, Rahbar, Axios Organizations: Fox, Fox News, Twitter, Dominion Voting Systems
A crude joke that Sen. Marco Rubio, R-Fla., used to mock what he said was then-2016 presidential candidate Donald Trump's "small hands" will be the centerpiece of a Supreme Court ruling on whether a California lawyer can trademark the phrase "Trump too small." The "Trump too small" phrase is a reference to a 2016 Republican presidential primary debate featuring both Trump and Rubio. Rubio joked about Trump having small hands, adding: "And you know what they say about guys with small hands." In a February 2022 ruling, the U.S. Court of Appeals for the Federal Circuit ruled against the trademark office, saying the denial violated Elster's free speech rights under the Constitution's First Amendment. The Supreme Court in recent years has endorsed free speech rights in the trademark context, suggesting Elster could have a chance of prevailing in the case.
Persons: Marco Rubio, Donald Trump, Sen, Donald Trump's, Trump, Steve Elster, Elster, Rubio, Elizabeth Prelogar Organizations: U.S, Republican, U.S . Patent, Trump, U.S ., Appeals, Federal Circuit Locations: Detroit , Michigan, California
Supreme Court ruling could chill labor strikes
  + stars: | 2023-06-02 | by ( John Kruzel | ) www.reuters.com   time to read: +5 min
Angela Cornell, a Cornell Law School labor law professor, called it "another decision that undermines the capacity of unions to function." MORE STRIKESThe ruling comes at a time of increasing strikes called by U.S. labor unions. Some experts pointed out that the ruling largely preserved the existing legal scaffolding for deciding labor law preemption cases of this kind. The Supreme Court, with its 6-3 conservative majority, has dealt setbacks to organized labor in key cases in recent years. Brudney said Thursday's ruling "was not comparable to that broader trendline" of decisions weakening labor unions.
Persons: Amy Coney Barrett, Angela Cornell, Cornell, Kenneth Dau, Schmidt, Benjamin Sachs, Sachs, Dan Altchek, Saul Ewing, Altchek, James Brudney, Brudney, Anne Marie Lofaso, Lofaso, John Kruzel, Will Dunham Organizations: U.S, Supreme, Taiheiyo Cement Corp, Cornell Law School, Indiana University Maurer School of Law, Harvard Law, Glacier, Inc, International Brotherhood of Teamsters, National Labor Relations, U.S . Bureau of Labor Statistics, Fordham University Law, West Virginia University College of Law, Thomson Locations: Japan, Washington, Philadelphia, California
Noncompete clauses likely violate federal labor law, NLRB's general counsel wrote Tuesday. Criticism from across the aisleWorker advocates have long maintained that noncompete clauses are an unjust infringement on liberty that reduces employees' earning potential. But noncompete clauses have also attracted critics on the right. The criticism from both sides of the political spectrum comes as noncompete clauses have expanded from high-salary workers in fields such as technology and finance to lower-wage professions, such as fast food. That proposed rule, which will be subject to a legal challenge if and when it is finalized, came after the White House encouraged the commission to tackle noncompete clauses, framing them as a barrier to healthy competition and wage growth.
Persons: NLRB's, , Joe Biden, Jennifer Abruzzo, Biden, Najah Farley, John Lettieri, Insider's Juliana Kaplan Organizations: Workers, Service, Companies, National Labor Relations Board, National Labor Relations Act, Worker, National Employment Law, American Enterprise Institute, Federal Trade Commission, House Locations: Abruzzo, California , Massachusetts, Illinois
But in the last few years, increasing pay transparency has become a common cause for young workers, anti-discrimination advocates, and, increasingly, state legislators. But employers in states with transparency laws make up for it by imposing informal rules that prevent employees from talking about pay. If the "new norm" of salary transparency had supplanted the old taboo, then we'd expect a large majority to chafe under outdated restrictions against discussing pay. Strong support for managers in general appears to translate into strong support for managerial approaches to pay secrecy or transparency. If salary transparency is actually going to become the "new norm," it will clearly require more than our existing set of state laws.
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