California Bill to Mandate Women on Boards Faces Challenge From Businesses

California Bill to Mandate Women on Boards Faces Challenge From Businesses

The California legislature is considering a bill that would make it the first state in the US to require women’s representation on the boards of companies headquartered there, but the business community is pushing back, saying the proposed mandate is unconstitutional and counterproductive, Antoinette Siu reports at TechCrunch:

SB 826, which won Senate approval with only Democratic votes and has until the end of August to clear the Assembly, would require publicly held companies headquartered in California to have at least one woman on their boards of directors by end of next year. By 2021, companies with boards of five directors must have at least two women, and companies with six-member boards must have at least three women. Firms failing to comply would face a fine. …

Yet critics of the bill say it violates the federal and state constitutions. Business associations say the rule would require companies to discriminate against men wanting to serve on boards, as well as conflict with corporate law that says the internal affairs of a corporation should be governed by the state law in which it is incorporated. This bill would apply to companies headquartered in California. … Similarly, a legislative analysis of the bill cautioned that it could get challenged on equal protection grounds, and that it would be difficult to defend, requiring the state to prove a compelling government interest in such a quota system for a private corporation.

Legislative mandates or quotas for women on corporate boards are rare, with only a few European countries having adopted them. Norway was the first to do so, introducing a 40 percent quota in 2003, while France, Germany, Iceland, and Spain have since introduced their own mandates. Sweden had an opportunity to join this group but declined it early last year, when the parliament voted down a proposal to fine listed companies where women make up less than 40 percent of directors. In these countries, quotas have proven effective at driving gender equality on boards; critics acknowledge this, but argue that making women’s representation a matter of compliance isn’t changing corporate cultures to really value women in leadership.

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Massachusetts Enacts New Restrictions on Non-Compete Agreements

Massachusetts Enacts New Restrictions on Non-Compete Agreements

After several years of legislative wrangling, Massachusetts Governor Charlie Baker on Friday signed a bill into law that will limit the conditions under which employers in the state can enforce non-compete agreements on their employees. The law goes into effect on October 1 and will apply to all non-compete agreements signed after that date. Lisa Nagele-Piazza outlines the law’s provisions at SHRM:

The Massachusetts law aims to prevent overuse of such agreements by prohibiting noncompetes with employees who are:

  • Nonexempt under the Fair Labor Standards Act.
  • Under age 18.
  • Part-time college or graduate student workers.

For a noncompete to be valid, it must be:

  • Limited to 12 months in duration (with some exceptions).
  • Presented to new hires either with an offer letter or 10 days prior to an employee’s start date, whichever is earlier.
  • Signed by the employer and the worker.

The agreement must also inform employees of their right to consult legal counsel before signing it. If employers want existing staff to sign noncompetes, they will need to offer “fair and reasonable” consideration beyond continued employment for the agreements to be valid.

The new law is also the first in the U.S. to require that employers offer “garden leave” pay to former employees bound by non-competes. The law requires to pay these employees 50 percent of the highest base salary they earned in the prior two years for one year after their departure, or some other “mutually agreed upon consideration.”

That alternative represents a huge loophole in the law, Michael Elkon, an attorney with Fisher Phillips in Atlanta, tells Nagele-Piazza. What sort of “consideration” counts as valid for the purposes of this law will likely be hashed out in court in the coming years, but Elkon notes that employers will expose themselves to a risk of litigation (before an unsympathetic judge) if they attempt to get around this provision by offering an employee a “consideration” that undercuts the law’s guidelines.

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Barclays Shifting European Business to Ireland in Anticipation of Brexit

Barclays Shifting European Business to Ireland in Anticipation of Brexit

Barclays is taking direct ownership of its French, German, and Spanish branches away from its UK company and putting them under control of Barclays Bank Ireland, Reuters reported on Monday. The move by the UK-based international bank to expand its Irish entity, which it announced last year would become its post-Brexit European headquarters, is part of its contingency plans for ensuring the smooth continuation of its European operations after Brexit.

Barclays plans to ultimately move all of its European branches under the aegis of the Irish bank. These include corporate and investment banking businesses in Luxembourg, Switzerland, Portugal, Italy, and the Netherlands, according to Reuters. After absorbing these businesses, Barclays Bank Ireland will have total assets of around £224 billion (250 billion euros, or $286 billion), which the Irish Times reports would make it the largest bank in Ireland.

These entities will ultimately remain under the ownership of Barclays’ holding company in London, but will be directly owned by the Irish bank. This is meant to ensure that even in the event of a “no-deal” Brexit, in which the UK crashes out of the European Union with no special trade arrangements, Barclays will be able to continue serving EU customers without disruption as its businesses will still be based in a member state.

It is not clear what impact these moves will have in terms of jobs, though the Irish Times notes that the bank had already outlined plans to add up to 200 new employees in Ireland; overall, Brexit-related reorganizations at banks are expected to result in tens of thousands of jobs disappearing from the City of London.

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Study Reveals Difficult Work Conditions Among Freelance Platform Workers

Study Reveals Difficult Work Conditions Among Freelance Platform Workers

A newly-published study from scholars at Oxford University investigates the situation of the estimated 70 million people around the world who make their living in the gig economy through freelancing platforms like Freelancer.com and Fiverr. Through a combination of face-to-face interviews and a remote survey of digital freelancers in Southeast Asia and Sub-Saharan Africa, the authors gauged how workers in this substantial segment of the global economy felt about the advantages and disadvantages of this kind of work. TechCrunch’s Natasha Lomas outlines the study’s key findings:

The study paints a mixed picture, with — on the one hand — gig workers reporting feeling they can remotely access stimulating and challenging work, and experiencing perceived autonomy and discretion over how they get a job done: A large majority (72 percent) of respondents said they felt able to choose and change the order in which they undertook online tasks, and 74 percent said they were able to choose or change their methods of work.

At the same time — and here the negatives pile in — workers on the platforms lack collective bargaining so are simultaneously experiencing a hothouse of competitive marketplace and algorithmic management pressure, combined with feelings of social isolation (with most working from home), and the risk of overwork and exhaustion as a result of a lack of regulations and support systems, as well as their own economic needs to get tasks done to earn money.

Augmenting the competitive nature of the digital gig economy, the study found, is an imbalance of supply and demand for these workers’ labor: More than half the workers surveyed said there was not enough work available to them. People performing low-skilled tasks on these platforms must take a large number of gigs to earn an adequate income through them.

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Amazon Mulling Health Clinics for Seattle Employees

Amazon Mulling Health Clinics for Seattle Employees

Amazon is considering opening its own primary health care clinics for employees at its Seattle headquarters, CNBC reported on Thursday, becoming the latest in a series of major US companies pursuing innovative approaches to health care outside the traditional group insurance model. Two people familiar with the confidential discussions told CNBC that the company was planning to start with a pilot clinic for a select group of employees later this year, then expand the program in 2019:

Amazon was previously looking to outsource its clinics and brought vendors in to pitch their services. After numerous rounds of discussions, Amazon ultimately decided to develop clinics internally, one of the people said. Providers including Crossover Health and One Medical offer on-site or nearby services for other companies, including those in the technology sector. …

Amazon started its effort by hiring primary care experts, beginning last year with Christine Henningsgaard, who was previously vice president of operations at One Medical. In January, the company brought in Martin Levine from Iora Health, a primary care group with clinics in Seattle.

If Amazon moves ahead with this plan, it will be pursuing a similar path to Apple, which announced earlier this year that it was establishing a network of health clinics for its employees in and around its headquarters in Cupertino, California. To staff this initiative, Apple has since hired a number of employees away from the provider that operates some of its on-site clinics in other locations, along with a variety of wellness professionals and “care navigators” to help guide patients in choosing the appropriate care for their health needs.

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New York Caps New Ride-Share Licenses, May Establish Minimum Wage for Drivers

New York Caps New Ride-Share Licenses, May Establish Minimum Wage for Drivers

The New York City Council passed legislation on Wednesday to put a one-year cap on for-hire vehicle licenses and to empower the city government to set a minimum wage for ridesharing drivers, in a crackdown on the largely unregulated growth of platforms like Uber and Lyft, the New York Times reported:

The proposal to cap ride-hail companies led to a clash among interest groups with taxi industry officials saying the companies were dooming their business and Uber mounting a major advertising campaign to make the case that yellow cabs have a history of discriminating against people of color.

Mayor Bill de Blasio and Corey Johnson, the City Council speaker, said the bills will curtail the worsening traffic on the streets and improve low driver wages. … But Uber has warned its riders that the cap could produce higher prices and longer wait times for passengers if the company cannot keep up with the growing demand.

New York is the largest market for Uber in the US, but already regulated ridesharing more stringently than many other American cities. To address concerns about unfair competition from the local taxi industry, New York requires drivers to obtain special licenses from the city’s Taxi and Limousine Commission, along with commercial liability insurance and special plates for their vehicles, which must meet certain eligibility criteria.

The new will not affect Uber and Lyft drivers who are already licensed to operate in the city, but will pause the issuing of new licenses immediately while the city studies the effects of the rise of ridesharing on traffic, driver wages, and the local economy.

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Massachusetts: Construction Workers Account for Nearly 1 in 4 Opioid Overdose Deaths

Massachusetts: Construction Workers Account for Nearly 1 in 4 Opioid Overdose Deaths

In a new report, the Massachusetts Department of Public Health finds that construction workers made up nearly one quarter of workers in the state who died from opioid-related overdoses between 2011 and 2015. Workers in the farming, fishing, and forestry occupation (mostly fishing) had a similarly high rate of overdose deaths compared to the general population, while warehouse, transportation, maintenance, food service, and health care support workers also died from opioid overdoses at above-average rates.

The study, funded by the US Centers for Disease Control and Prevention, found a noteworthy gender gap in the occupational profiles of overdose victims. Most of the construction workers counted in the study were male, and men in the construction, agricultural, and material moving occupations experienced opioid-related deaths at a higher than average rate for male workers in Massachusetts. Among women, however, the highest rates were among healthcare support and food preparation/service workers.

A common thread among the occupations with high rates of overdose deaths is a greater propensity for workplace injuries in these industries, the report notes:

The rate of fatal opioid-related overdose was higher among workers employed in industries and occupations known to have high rates of work-related injuries and illnesses. This finding is consistent with previous research documenting common use of prescribed opioids for management of acute and chronic pain following work-related injury. The rate was also higher among workers in occupations with lower availability of paid sick leave and lower job security. More in-depth research is needed to characterize the potential contribution of these factors to opioid misuse and overdose.

Experts and advocates for occupational safety in Massachusetts tell the Boston Globe they’re not surprised by these findings:

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