Will Wage Transparency Laws Spark Litigation?: The Morning Minute
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September 14, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
SHOW (EVERYONE) THE MONEY - Lawmakers across the nation are adopting a crop of wage transparency laws, imposing new obligations on employers in an effort to stamp out inequities in compensation. But, as Law.com's Charles Toutant reports, lawyers are split on whether, when it comes to pay info, there's such a thing as TMI. "More information about the pay range will give employees more bargaining power and leverage as they're negotiating starting pay. As starting pay is far and away the most impactful pay decision, getting started right means that you have a good grounding for equity going forward," said Christine Hendrickson, vice president of strategic initiatives for Syndio, a Seattle company offering software for analyzing wage equity. But it remains to be seen whether more information about other people's earnings will reduce the number of salary-discrimination lawsuits. In fact, some observers say that, at least in the early going, litigation is likely to spike because of these new measures. "The question is, is the cost worth the benefit? And I don't know the answer to that. I think it's going to force more companies to take a closer, more active look and engage themselves with pay equity more. And it will also give people more of a chance to say 'I don't think my pay is fair,' and engage on that issue. Overall, I think it will help, but I'm not sure if the burden won't offset the gain," said David Rapuano, a labor and employment lawyer at Archer in Voorhees, New Jersey.
PR MOVE - Over the last few years, more and more plaintiffs law firms have moved their offices, or large parts thereof, to Puerto Rico. And that trend was only exacerbated during the pandemic. Why? Well, first of all, it doesn't take a lot of arm-twisting to get most folks to a tropical climate. But also, as Law.com's Christine Schiffner reports, firms that open in the U.S. territory can take advantage of a substantial tax break, as well as an abundance of local legal talent that views working for a mainland plaintiffs firm as a promising career path "The solution was export services," said Marc D. Grossman, a senior partner at the plaintiffs firm Milberg Coleman Bryson Phillips Grossman. The tax benefits only apply when you export your business or services to the states. "When you're in Puerto Rico, you don't pay federal tax." In short: back-office support staff in the territory doing a lot of the heavy lifting, including document review for mass torts and class action cases in the U.S. mainland. "It's an unbelievable opportunity," Napoli & Shkolnik partner Hunter Shkolnik said. He opened an office in Puerto Rico in 2017. "Within 90 days, we built our new office space, we had a team interviewing day after day." The firm went from 55 people in 2018 to about 125 employees today and from a rented office space to the purchase of a downtown office building.
WHO GOT THE WORK?℠ - Simpson Thacher & Bartlett counseled Toronto-based The Bank of Nova Scotia, acting as administrative agent and sole bookrunner, in connection with Oracle Corp.'s $4.36 billion unsecured term loan facility. The Simpson Thacher team was led by partner William B. Sheehan. Counsel information for Oracle, based in Redwood City, California, was not immediately available. >> Read the filing on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
ON THE RADAR - First Solar, a major U.S. solar energy company, and members of its board of directors were hit with a shareholder derivative lawsuit on Tuesday in Arizona District Court. The complaint, brought by McKay Law and Weiss Law, accuses the defendants of misrepresenting progress on a module development project, resulting in a detrimental and costly securities class action against the company. Counsel have not yet appeared for the defendants. The case is 2:22-cv-01541, Federman v. Widmar et al. Stay up on the latest deals and litigation with the new Law.com.
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EDITOR'S PICKS
Emboldened? DOJ Surprises With Rare Move to Block Incentive Awards for Class Action By Amanda Bronstad |
Multistate Bar Exam Mean Score on Par With Recent July Administrations By Christine Charnosky |
'Egregious' and 'Exceptional': Phila. DA Krasner Must Write Apology Letters to Family Members of Double-Murderer's Victims, Fed Judge Rules in Sanctions Row By Max Mitchell |
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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