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The Latest Trend in Employment Law: Banning Salary History Inquiries
Add salary history to the growing list of inquires off limits to those who interview and evaluate prospective job candidates. As mentioned previously in these pages, several cities and states have passed legislation that, broadly, prohibits a prospective employer in the private sector from asking questions about an applicant's compensation history. With a law recently passed and becoming effective on Oct. 31, 2017, New York City joins Philadelphia, Massachusetts, Delaware, Oregon, and Puerto Rico as the newest member of this club. Similar legislation has been proposed in several jurisdictions, including California, New Jersey and Washington State as well, while New York State, Pittsburgh and New Orleans have enacted laws or issued executive orders prohibiting such inquiries in the public sector.
Rationale Behind the Ban
Employers in most industries are inclined to inquire about a candidate's salary history. Job applications often seek such information; recruiters typically solicit facts about compensation during their intake with job seekers; and questions about prior pay are inevitably addressed during an applicant's initial interview or as the hiring process progresses. Employers like having this information because it can inform decision-making, possibly allowing them to avoid candidates who are too “expensive.” It also assists in the development of compensation packages.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.