Category: Labor & Employment

Another One Bites the Dust: You Might Be Your Brother Employer’s Keeper (Again)

The U.S. Department of Labor (DOL) has announced a final rule rescinding the Trump administration’s “Joint Employer Status Under the Fair Labor Standards Act” rule, which took effect in March 2020 and provides guidance for determining when multiple employers are considered joint employers and, therefore, jointly liable for labor law violations. The repeal of the rule will likely result in more workers receiving minimum wage and overtime protections under the Fair Labor Standards Act (FLSA) and, in turn, greater legal and financial exposure for employers.

The FLSA generally requires employers to pay non-exempt workers at least the federal minimum wage for all hours worked and at least time and one half the regular rate of pay for hours worked more than 40 in a workweek. Under certain circumstances, an employee of one business may be considered a joint employee of a second business. (The joint employer concept can arise in any context when one company’s workers perform work for another company, but most frequently it arises in the context of staffing agency or leased employees).  If the second business is deemed a “joint employer,” both companies might be liable to the worker for minimum wages and overtime pay under the FLSA.

The joint employer rule that became effective in March 2020 established a four-factor balancing test for determining joint employer status under the FLSA. In determining whether a second company is a joint employer of a worker, the test examines:

  1. Whether the company hires and fires the worker;
  2. Whether the company supervises and controls the worker’s work schedules or conditions of employment to a substantial degree;
  3. Whether the company determines the worker’s rate and method of payment; and
  4. Whether the company maintains the worker’s employment records.

In a news release announcing rescission of the rule, the Biden administration’s DOL concluded that the rescinded rule “included a description of joint employment contrary to statutory language and Congressional intent” and “failed to take into account the department’s prior joint employment guidance.”

The final rule repealing the prior rule becomes effective September 28, 2021. The prior rule made it more difficult for companies to be held liable as joint employers and was generally considered a positive development for the business community.

©2021 Roetzel & Andress

July 2021 Legal Industry News: Attorney Hiring, Law Firm Awards & Innovation

Happy July! We’re back with another edition of our legal industry news roundup. Read on for the latest law firm hiring, pro bono, and legal innovation news.

Law Firm Hiring & Moves

Much Shelist Law announced new management committee members and practice leaders for their firm.

Sheryl Jaffee Halpern, the chair of Much’s Labor and Employment group, joined the Management Committee. In her labor and employment practice, Ms. Halpern provides guidance to employers, devising practical solutions for complicated legal and business problems.

“The Much culture allows each individual to grow and develop, and I look forward to fostering our people-first philosophy as a member of our senior leadership team,” said Ms. Halpern. “I’m proud to be part of a firm that understands the power of diverse viewpoints when it comes to building a creative and collaborative workplace.”

Courtney E. Mayster, the chair of Much’s Real Estate group, joined the management committee. Ms. Mayster a commercial real estate attorney guides lenders, property owners, and investors through complex projects.

“Client relationships are at the heart of our firm,” said Ms. Mayster. “As a member of the Management Committee, I’m excited to lead Much’s efforts to enhance the client experience and ensure we continue bringing our clients smart, practical advice and innovative ideas.”

Mitchell Roth, Steve Blonder, Greg Mann, Michael Shaw, and Glenn Taxman were all re-elected to Much’s Management Committee.

Much also named six attorneys as vice chairs of their respective practice groups:

Mayer Brown named John Nadolenco as managing partner of the firm’s Los Angeles office. Mr. Nadolenco joined Mayer Brown in 1995 and whose civil litigation and trial practice focuses on high-stakes cases and class action defense.

“It’s a tremendous honor to assume the responsibility of leading the Los Angeles office, which is a key strategic geography of the firm’s West Coast footprint,” said Mr. Nadolenco.

“John is an exceptionally talented litigator who has held a number of key leadership roles at Mayer Brown, and is highly regarded in the Los Angeles business community and throughout the firm,” said Jon Van Gorp,  the chair of Mayer Brown.

Kennedy’s Global Law firm added Judith A. Selby as a partner in their New York office. Ms. Selby brings a wealth of knowledge and almost 30 years’ experience in the insurance litigation field, with a concentration in cyber and data privacy, and adds to Kennedys’ growing US niche in cyber incident response and data privacy compliance.

“I’m delighted to join Kennedys’ global Cyber and Privacy practice. Increasingly, cyber and privacy issues are international and have no borders. My clients will benefit from the firm’s deep bench and global resources as they confront today’s most challenging cyber, privacy, and technology-related issues,” said Ms. Selby.

“We couldn’t be more pleased to have Judy join Kennedys. Given her reputation in the US and globally, she will be a critical addition to our growing Cyber and Data Privacy practice in the US and globally throughout Kennedys,” said Meg Catalano, Kennedy’s U.S. Managing Partner.

Manatt, Phelps & Phillips, LLP added Ted Hunter as a real estate partner in its New York office. Mr. Hunter advises on investment, funding and joint ventures, with work ranging from acquisitions, dispositions and leases to financings, workouts and development transactions.

“A respected figure across the commercial real estate sector, particularly in New York and New Jersey, Ted excels at navigating complex real estate deals by finding common ground between his clients and other involved parties,” said Donna L. Wilson, Manatt’s CEO and Managing Partner.

“Manatt’s holistic approach to the real estate industry—which includes both comprehensive legal and advisory offerings—and the firm’s long-standing focus on servicing clients in this space make it the ultimate one-stop shop for my clients,” said Mr. Hunter.

Pro Bono & Recognition

The Public Interest Law Initiative’s (PILI) Pro Bono Recognition List recognized Barnes & Thornburg’s pro bono efforts, alongside 47 other law firms.

“We are deeply grateful for the recognition that PILI has bestowed on us for the sixth year in a row. We have worked diligently in the Chicago office to increase and enhance our pro bono activities. This recognition is a testament to our firm’s long-standing tradition of providing pro bono services to those in need,” said Kevin Driscoll, pro bono administrator for Barnes & Thornburg’s Chicago office.

Steptoe & Johnson PLLC is one of more than 160 law firms participating in the Mansfield Rule 5.0 certification process. The Mansfield certification process ensures firms are considering at least 30 percent women, racially and ethnically diverse disabled and LGBTQ lawyers for promotions and leadership roles.

“Mansfield certification is the gold standard for law firms that are committed to increasing diversity among their lawyers and professional ranks, and in leadership roles,” said Steptoe & Johnson CEO Christopher L. Slaughter.

“Our clients have made diversity and inclusion a crucial part of their business and they expect the same from their legal counsel.  As a firm, we have made great strides in our diversity and inclusion efforts and obtaining Mansfield certification is the next step in that journey,” said Michael E. Flowers, the Director of Diversity and Inclusion at Steptoe & Johnson.

Foley & Lardner partnered with Boys & Girls Clubs of America to spread the message of diversity and inclusion, and help kids meet their potential. Through the partnership with Foley, the Boys and Girls club will work to advance their diversity, equity and inclusion initiatives which offer culturally relevant programs and resources for children.

“We look forward to expanding our work with Boys & Girls Clubs of America and the kids they serve. The work Boys & Girls Clubs of America does every day is part of the change needed to provide equitable opportunity to all,” says Jay O. Rothman, Chairman and CEO of Foley & Lardner.

Foley also engages in pro bono work for Boys & Girls Clubs of America on legal matters helping local clubs to offer more programs to a broader range of children.

Law Firm Awards & Innovation

The Chicago Daily Law Bulletin and Chicago Lawyer Magazine recognized Susan A. Capra, a partner at Clifford Law Offices, as one of the 50 Salute! Woman in Law in 2021.

The Law Bulletin/Chicago Lawyer selection committee, Ms. Capra’s peers, and a Women’s Advisory Board selected Ms. Capra for the award from a pool of over 400 nominees. The committee selected the awardees  “for their work to mentor and promote other women in the profession, their success in the legal community and being a shining example of leadership.”

Ms. Capra, who is also a registered nurse, focuses her practice on hospital and medical negligence litigation.

“I am honored to be among those recognized for this honor in a profession to which I have dedicated my life,” she said.

The Legal 500 United States included 90 Katten Muchin Rosenman law firm attorneys on its 2021 guide. Katten received recognition as leader in 21 practice areas.

Katten ranked highly in the following areas:

  • M&A: Middle-Market (Sub-$500 Million)

  • Structured Finance: Derivatives and Structured Products

  • Structured Finance: Securitization.

Katten attorneys also made The Legal 500’s “Leading Lawyers” list, including:

Additionally, the Legal 500 selected Associate Brett J. Seifarth as a “Rising Star” for making major contributions to his practice.

The Legal 500 analyzes the strengths of law firms across the world, basing its rankings on feedback from 300,000 clients worldwide and a team of researchers.

FFor the 10th year in a row, DLA Piper ranked among the best law firms for women by Working Mother. Specifically, DLA Piper ranked highly for hiring and retaining women, providing flexible working arrangements and promoting the advancement of women in law.

“It is our responsibility as a firm to ensure that our leadership pipeline is made up of a diverse group of lawyers who are well equipped to face the challenges of helping lead a global law firm, and programs like DLA Piper’s Leadership Alliance for Women (LAW) are a crucial factor in our ability to meet that goal. These initiatives and policies promote a more inclusive firm culture, allowing us to better serve our clients across all industries,” said Jackie Park, co-US managing partner of DLA Piper.

LAW focuses on helping women attorneys through networking, leadership skill development, and business development opportunities.

Copyright ©2021 National Law Forum, LLC
For more articles on the legal industry, visit the NLRLaw Office Management section.

Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals

The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al.

Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial reliance interests involved, he allowed current DACA beneficiaries to continue to renew their statuses and their employment authorization – at least while appeals are pending. The Biden Administration immediately responded that it would appeal the decision.

The case is expected to wind its way through the U.S. Court of Appeals for the Fifth Circuit (in New Orleans) and end up at the U.S. Supreme Court for a third time. The first time was when the Supreme Court heard an appeal of Judge Hanen’s earlier decision that the extension of DACA and the creation of the Deferred Action for Parents of Americans and Lawful Permanent Residents were illegal. In that case, the Supreme Court tied, leaving Judge Hanen’s nationwide injunction in place. The second time, the Supreme Court ruled on narrow technical grounds that the Trump Administration had not followed the proper procedures when it attempted to terminate the DACA program.

The question now is whether Congress will pass legislation to protect the “Dreamers” and provide them a path to permanent residence and U.S. citizenship. The American Dream and Promise Act, passed by the House in 2021, provides those paths, but the full bill is not likely to pass in the Senate. A carve-out of the DACA provision might be possible. Otherwise, the thousands of individuals who were brought to the United States by their parents before the age of 16, will remain in limbo.

DACA was put into place by the Obama Administration in 2012 and has been under attack since 2017, when the Trump Administration announced it would terminate DACA. President Joe Biden has stated that Dreamers are “part of our national fabric and make vital contributions to communities across the country every day.” President Biden recognized the Dreamers’ contributions have been particularly evident during the COVID-19 pandemic, as “[m]any have worked tirelessly on the frontlines throughout this pandemic to keep our country afloat, fed, and healthy – yet they are forced to live with fear and uncertainly because of their immigration status.”

Judge Hanen’s decision in State of Texas v. U.S. does not affect the status or employment authorization of any current DACA beneficiaries. DACA beneficiaries who have unexpired employment authorization documents do not need to reverify employment authorization as a result of this ruling (although they will need to reverify prior to the expiration of their employment authorization).

Jackson Lewis P.C. © 2021
For more articles on DACA, visit the NLRImmigration section.

Trump-Era EEOC Conciliation Rule Repealed

On June 30, 2021, President Biden signed a joint resolution narrowly passed by Congress to repeal a Trump-era rule that would have increased the EEOC’s information-sharing requirements during the statutorily mandated conciliation process.

Under the Trump-era rule, the EEOC would have been required to give each employer the identity of the complainant, a written summary of the facts of the case, its legal bases for finding discrimination, and the criteria it would use to identify potential class members, as well as an estimate of the potential class size, if applicable.

The EEOC was not previously required to share this information upon initiating conciliation. Rather, conciliation has historically been an informal, voluntary, and confidential process during which the EEOC, charging party, and employer consider settlement once the EEOC has found reasonable cause to believe discrimination occurred.

Before the Trump-era rule, the EEOC followed the Supreme Court’s guidance set forth in Mach Mining, LLC v. Equal Employment Opportunity Commission when meeting its conciliation requirements, which have been viewed by employers as minimal. Now that Congress has overturned the more rigid conciliation rule with President Biden’s support, the EEOC will revert to the standards set forth by Mach Mining to satisfy its conciliation obligations.

EEOC Chair Charlotte Burrows lauded Congress’s repeal of the Trump-era rule, stating that the change “restores the Commission’s flexibility to tailor the conciliation process to the facts and circumstances of each case, thus increasing the likelihood of a successful resolution.”

In short, because of the rule change, the EEOC retains its discretion to limit the amount of information shared with the employer at the conciliation stage.  Employers should not be surprised if certain relevant information—such as witness identities, factual evidence, and damages information—is not shared through the conciliation process.

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.
For more articles on the EEOC, visit the NLRAdministrative & Regulatory section.

Federal Judge Says President Can Fire NLRB General Counsel

As we have previously reported, on his first day in office, President Biden fired former NLRB General Counsel Peter Robb after Robb refused to resign. This controversial move immediately sparked debate over the President’s authority to fire Robb, who was serving in the last year of his statutory four-year term when fired.

In response to Robb’s abrupt departure, challengers have argued that Robb’s replacement, Acting General Counsel Peter Sung Ohr, does not have authority to bring cases before the NLRB because his appointment was invalid. The NLRB has refused to weigh in on the issue, saying that it is a matter for federal courts to decide.

The United States District Court for the District of New Jersey addressed the issue in its recent order in the case Goonan v. Amerinox Processing. U.S. District Judge Noel Hillman granted the NLRB’s request for an injunction, despite Amerinox’s argument that the NLRB acting general counsel does not have authority to prosecute this matter because of Robb’s removal. Judge Hillman stated that federal labor law gives the President authority to fire NLRB general counsels without cause, and that the temporary assignment of an acting general counsel without compliance with the Appointments Clause does not render the NLRB’s petition for injunctive relief invalid.

Judge Hillman, however, did not specifically rule on the legality of President Biden’s firing of Peter Robb, nor were his comments about firing general counsels a deciding factor in issuing the injunction. Moreover, Judge Hillman noted that the NLRB’s regional director was seeking an injunction on behalf of the Board, not the general counsel.

Given the peripheral nature of Judge Hillman’s comments about firing general counsels generally, this case is not likely the end-all, be-all on the matter. Thus, unless the Supreme Court rules squarely on the issue of Robb’s firing, challenges will likely still roll in as potential defenses to charges brought by Ohr.

© 2021 BARNES & THORNBURG LLP
For more articles on the NLRB, visit the NLRLabor & Employment section.

How Law Firms Can Create & Communicate Successful DEI Initiatives

With law firms beginning to return to in person work following the COVID-19 pandemic, the legal industry is facing a number of challenges surrounding diversity and inclusion. As workers return to the office, law firms are embracing diversity, equity, and inclusion (DEI) initiatives to create more inclusive workplaces. However, simply creating a DEI initiative isn’t enough to truly spark change within a law firm.

To discuss these topics, GCC Portfolio hosted a webinar on DEI & E-relationship building  moderated by Deb Knupp, Managing Director at GrowthPlay, featuring panelists Tasneem Khokha, Managing Director at GrowthPlay and C.L. Nathanson, Founder and President of GCC Portfolio.

For law firms looking to create DEI initiatives, it’s important to understand the current state of DEI in the industry, how to engage employees when creating initiatives, and how to communicate these initiatives to clients.

What is the Current State of Diversity, Equity and Inclusion in Law Firms?

There are three key issues that are top of mind for law firms as people return to the office, including the impact of the pandemic on staff and attorneys of color, Ms. Khokha said.

“There is clearly a disproportionate impact of the pandemic on people of color. It’s very likely for firms that have diverse talent pools that their staff and attorneys of color will have been disproportionately affected,” Ms. Khokha said. Related to that, Ms. Khokha said firms must recognize how working from home during the pandemic disproportionately affected women and primary caregivers.

“The second thing I’m seeing is that firms over the last year have had to really get their arms around the impact of the racial upheaval in our country over the past year, and the particular impact of that on black and Asian American communities,” she said. “Thinking about that impact on the mental health and wellbeing of our colleagues is important as well.”

Even though law firms are facing challenges surrounding racial diversity in the workplace, the COVID-19 pandemic created opportunities for firms to approach talent development in new ways.

“Some of the old ways of thinking about face time in the office have been really challenged in the past year. We have some ways to think about talent development in a way that may be truly more equitable,” Ms. Khokha said. “On the one hand there are some real challenges. There are informal communities and structures within law firms that don’t always include diverse populations the same way they do majority counterparts.”

Ms. Khokha explained that even though working from home created new challenges for law firms during the COVID-19 pandemic, there are some new opportunities created by remote working as well.

“Firms are really thinking about what working from home has taught us about talent development and management,” Ms. Khokha said.

Even with the improvements remote work brought to talent development, it’s also important for firms to remember that not all employees will have the same experiences returning to in-person work.

“Returning to the office won’t be a one size fits all,” Ms. Knupp said. “People will be bringing different experiences. Setting the conditions for looking at the impact on professional development and some of those more informal relationship building channels will be critical things to see with fresh eyes and empathetic hearts.”

In addition to empathy, law firms must also consider how DEI may impact client relationships. Law firms that invest in DEI initiatives will not only see an impact on employee wellbeing, but on the firm’s bottom line and its relationship with clients as well.

“The business case for DEI is stronger than it ever has been,” Ms. Khokha said. “Diverse teams create better outcomes for clients as well as more employee engagement. Notwithstanding, the progress on DEI in the legal industry has been really incremental. Now more than ever, we’re all focused on DEI as a part of our businesses as a factor important to our success.”

How to Create Diversity, Equity and Inclusion Initiatives at Law Firms

Ms. Khokha said a pitfall for firms to avoid is undertaking a DEI initiative as a performative act rather than a strategic one.

When creating diversity initiatives, firms need to ground DEI efforts in a thorough assessment of where the firm is, and create goals around what the firm needs and the issues that need to be solved for. Firms also need to center DEI initiatives around the firm’s values to ensure they are long term solutions, and commit to allocating resources to support the initiative.

“When I see firms getting this right, a few things that I see [firms doing] is to commit the adequate resources. Too often we see firms investing in DEI efforts because there’s some impetus that creates a desire to engage in these efforts,” Ms. Khokha said. “And yet, if we don’t adequately commit the resources necessary to do that well, it’s likely our efforts won’t be strategic or sustainable.”

What Questions Should Law Firms Ask Themselves When Developing a Diversity, Equity and Inclusion Program?

Ms. Khokha said firms need to recognize the complexity surrounding DEI initiatives and address them in a multifaceted way. This includes thinking about the way firms communicate these initiatives, and ensuring they’re sustainable. Specifically, Ms. Khokha recommended firms ask themselves the following questions when developing a DEI strategy:

• Why is this important to us?

• Who are our key stakeholders?

• What are our key messages?

• How are we going to communicate this in a way that reflects our values and priorities?

“The best firms recognize that DEI is not something that simply stops with those who have a JD,” Ms. Knupp said. “You see stellar results when your firm has the capacity to embrace [diversity].”

How Can Firms Connect & Communicate DEI Initiatives to Employees?

When engaging employees through DEI, law firms need to recognize that DEI initiatives are an ongoing commitment rather than a one size fits all solution. Additionally, when recognizing diversity efforts at a firm, highlighting success through including diverse groups is important.

Specifically, Ms. Nathanson highlighted Barnes & Thornburg’s efforts to focus on diversity through its holiday card selection. The firm’s BTBlack Talent Resource Group commissioned two black artists to create an image for the holiday cards. The firm also established a nonprofit foundation funded by employee contributions to focus on social and racial justice issues, and raised over $300,000 this year so far.

“Talking about [DEI] and going in with total empathy to the group you’re speaking with and listening gives you the opportunities to hear what the differences are,” Ms. Nathanson said.

However, even when firms have successful DEI initiatives, there’s often a push and pull between law firms and their clients on the ability of DEI to support diverse lawyers, Ms. Kohkha said.

“We see effort after effort among law firms to increase diversity, to support their diverse lawyers, and we’re consistently seeing clients saying that law firms aren’t doing enough. The progress is too slow and incremental and they want to see more,” Ms. Khokha said.

To solve this, clear communication about DEI efforts is key between law firms and clients. Additionally, to engage employees, firms must create buy-in for the opportunities that exist, Ms. Khokha said.

“It’s so important to explain what [DEI] is,” Ms. Nathanson said. “It’s also bottom line improvement.”

Copyright ©2021 National Law Forum, LLC

The Biden Administration Takes Aim at Noncompete Clauses

Employers – in light of recent action by the Biden administration, it is time to review and evaluate restrictive covenants being used with your workforce. Courts, state legislatures, and the president are increasingly scrutinizing such covenants, including noncompete agreements.

President Joe Biden campaigned on a platform to eliminate and reduce barriers for employees seeking higher wages and better benefits. As part of this commitment, he promised to prohibit all noncompete agreements, except those essential to protecting a narrowly defined category of trade secrets. President Biden took a concrete step towards making good on this promise on July 9, 2021, by signing a sweeping executive order.

Noncompete provisions have become commonplace. According to data the Biden administration cites, approximately one-half of private-sector businesses require at least some segment of their workforce to execute noncompete agreements, affecting between 36 to 60 million workers in the United States. The Biden administration claims these agreements limit wage growth and hamper employee mobility.

In its wide-ranging executive order, the Biden administration signaled an aggressive approach to curtailing the use of noncompete agreements. The executive order declares “that a whole-of-government approach is necessary to address overconcentration, monopolization, and unfair competition in the American economy.” Of particular interest to many employers is the executive order’s directive to the Federal Trade Commission (FTC), which encourages the FTC to use its rulemaking authority to restrict and reduce — and even ban — certain types of non-compete agreements. Specifically, it provides that “the Chair of the FTC is encouraged to consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority under the FTC Act to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

The executive order, which builds upon an executive order issued during President Obama’s final year in office, represents a potential sea change to the enforcement of noncompete agreements because it adds a layer of federal considerations to an already complex and ever-evolving array of state requirements.

To be clear, the July 9 executive order does not immediately change anything. The FTC must exercise its rulemaking authority under the FTC Act to accomplish its mission. It could be months or years before the FTC announces any specific rules. And challenges to the FTC’s authority will likely follow whatever rules the Commission ultimately promulgates.

The executive order also directs a newly created White House Competition Council to identify any potential legislative changes necessary to advance the policies outlined in the executive order. This may spur Congress to pass federal legislation in addition to anticipated agency rules. Beyond that, the Biden administration’s aggressive and prominent action on this front may inspire state legislatures across the country to evaluate their laws and potentially pass additional measures regulating enforceability of noncompete agreements. At bottom, this executive order represents an inflection point as the Biden administration aims to increase competition and wages by eliminating what it views as hindrances to achieving those goals.

While awaiting action by the FTC, employers should to take the time to scrutinize and evaluate the terms of restrictive covenants they use to ensure the restrictions are narrowly tailored. Such diligence may increase the likelihood of enforceability. In addition, employers should explicitly state the reasons for the restrictive covenants (e.g., protection of trade secrets, company goodwill, etc.). And, as always, employers need to also keep abreast of any state-law developments.

©2021 Greenberg Traurig, LLP. All rights reserved.
For more articles on noncompete clauses, visit the NLR Labor & Employment section.

District of Columbia Increases Minimum Wage to $15.20, and Tipped Minimum Wage to $5.05, Effective July 1, 2021

As we previously reported, starting in 2016 the District of Columbia by statute gradually increased its minimum wage to $15.00 per hour, and its tipped minimum to $5.00, effective July 1, 2020. However, included in the statute were provisions for subsequent increases of both these rates based on the annual average increase in the Consumer Price Index for All Urban consumers in the Washington Metropolitan Statistical Area. See D.C. Code §32-1003(a)(6) and (f)(2).  The D.C. Department of Employment Services (DOES) recently announced that pursuant to these provisions, effective July 1, 2021 the minimum wage for all employees will increase to $15.20 per hour, and the tipped minimum to $5.05. The same rate applied to the Living Wage Act covering various government contractors.

D.C. employers should make sure that their payroll systems are adjusted to reflect these new rates. They should also post the updated DOES poster available here.

©2021 Epstein Becker & Green, P.C. All rights reserved.
For more articles on minimum wage, visit the NLR Labor & Employment section.

How Law Firms Can Invest in Employee Wellbeing Through E-Relationship Building

The COVID-19 pandemic highlighted the need for an increased focus on mental health in the legal industry. In a recent webinar from GCC Portfolio, Renee Branson, a principal at RB Consulting and Executive Director at the Sexual Assault Resource Agency, Deborah Knupp, Managing Director at GrowthPlay and Lisa Buchanan, Director of Marketing and Creative Services at GCC Portfolio discussed the importance of mental health and E-relationship building at law firms.

The coronavirus pandemic provided an opportunity to speak about mental health in a way that allowed it to be destigmatized. Many in the industry were experiencing the same feelings of anxiety and depression. As a result, the legal industry recognized mental health was something that needed to be discussed.

To address the issue of mental health in the legal industry, law firms need to understand what the biggest issues are, how to address them, and how to get support from leadership to tackle those issues.

What are the Biggest Mental Health Issues in the Legal Industry?

With many in the legal industry beginning to return to the office, Ms. Branson said she’s seen higher levels of anxiety, guilt, and ambivalence among workers. These feelings manifest in social reluctance among employees, as well as an increased need for remote work flexibilities.

“What we have experienced really is a trauma,” Ms. Branson said. “First of all, frame it for what it is.”

Ms. Knupp said there is a phenomenon called the “shadow pandemic” emerging as a long term effect of the coronavirus pandemic. This shadow pandemic encompasses feelings of mortality, neurological disorders, and other mental health consequences of the COVID-19 pandemic that are expected to last for years.

“We’re going to see a broad expanse of different things,” Ms. Branson said. “For folks who had COVID, we still don’t know the long term neurological and mental health impacts of surviving that illness.”

For those who haven’t experienced COVID-19 firsthand, what the shadow pandemic could reveal are long term feelings of trauma. Ms. Branson said that once the pandemic subsides and people begin to feel a sense of security, they then begin to process the trauma they experienced during lockdown.

“That processing can take a short amount of time, or it can take years,” Ms. Branson said. “The way to keep that from feeling really overwhelming is to not add on really high expectations to yourself and others.”

Investing in mental health education for those in the legal industry is one way to help leadership be better coaches, issue spotters and counsel for their organizations and clients. This involves staying connected with clients to keep mental health issues a top priority. To achieve this, Ms. Branson said she utilizes what she calls a resilience library with six “books” that address mental health issues.

“One of those books is Connection,” she said. “When we feel disconnected from people and feel a lack of belonging and an inability to be authentic to ourselves, whatever burden we’re carrying feels twice as heavy. If they have a connection with someone that they can rely on, it helps ease [that burden].”

The law firms that are the most successful in addressing mental health issues are those that listen and adapt. Even though the coronavirus pandemic was a huge disruption, it also gave law firms the opportunity to adapt and examine their processes in order to better accommodate their employees’ needs.

“It’s really challenging right now because we do have this great ability to connect but also Zoom fatigue is real. We have to find new and different ways to stay connected…[especially] with small groups of folks, whether that’s done virtually or in person,” Ms. Branson said. “It’s about listening and being able to respond when you can.”

How Law Firms Can Connect Through E-Relationship Building

To tackle the issue of mental health during the pandemic, law firms need to be creative and innovative in the ways they reach out to employees. E-relationship building includes team-based activities, events, and communications. Ms. Buchanan said that one of the biggest changes GCC saw in the past year was law firms showing appreciation to their employees by acknowledging their hard work during challenging times.

With many feeling Zoom burnout, electronic and virtual communications are one way law firms are engaging with their employees and showing appreciation. These communications can be as simple as sending individual messages letting employees know they’re appreciated.

“It can be so impactful for a firm to say ‘thank you’ because we’re all having a rough time,” Ms. Buchanan said. “Little things can be so impactful… and make a huge difference in somebody’s life.”

Ms. Buchanan said the pandemic affected the way firms think in terms of focusing on small gestures instead of bigger initiatives. Investing in ways to give employees appreciation shows that the firm is focused on their wellbeing.

“I’m just blown away by the fact that our firms are so forward in being part of [mental health],” she said. “The law industry seems to be taking it and moving forward.”

How to Start Mental Health Initiatives at Law Firms

Even if employee mental health and wellbeing is top of mind for law firms, it can be a challenge to get leadership on board. One way to stress the importance of mental health initiatives is to highlight the impact poor mental health can have on productivity.

“Either spend a certain amount of time addressing feelings and mental health, or we’re going to spend a lot of time [addressing] inefficiencies and lack of productivity,” Ms. Branson said, quoting author and researcher Brené Brown. “These things really do have bottom line impacts.”

Ignoring mental health issues impacts both client relationships and a law firm’s finances. To deal with issues of decreased productivity, firms should focus on innovative ways to communicate with employees. Ms. Buchanan said firms who used GCC for holiday cards get input back from employees.

“Letting the firms be creative in the way that they want to portray who they are is the first thing,” Ms. Buchanan said. “It’s also a connection and letting their clients and people know ‘we see you.’ Just little touch points are really important.”

What Can Law Firms Do to Focus on Mental Health Moving Forward?

The coronavirus pandemic offered an opportunity for law firms to put an increased focus on mental health. Acknowledgement, education, acceptance, and understanding of mental health issues validates those who are struggling, and helps remove the stigma. By acknowledging mental health, firms will help improve their bottom line while also investing in their employees’ wellbeing.

“It starts at the top,” Ms. Buchanan said. “If you’ve got a leader in the firm that gets [mental health], you’ve got so many options.”

For law firms looking to prioritize their employees’ mental health, focusing on E-relationship building is a good place to start. With many firms still working remotely, Ms. Knupp emphasized that there hasn’t been a better time to reach out to employees and start an initiative.

“This is the time to let people know that you see them,” she said. “No matter what you do, be a kind human to humankind.”

Watch the full webinar here: GCC Presents Mental Health & E-Relationship Building

Copyright ©2021 National Law Forum, LLC
ARTICLE BY Rachel Popa of The National Law Review / The National Law Forum LLC
For more articles on the legal industry, visit the NLR Law Office Management section.

Top Legal Industry News for June 2021: Law Firm Hires, Pro-Bono, & Innovation

Summer is upon us and we’re back with another edition of the National Law Review’s legal industry news column. This week, we cover the latest law firm hiring, pro bono, and legal award recognition news. Read on for the latest updates:

Law Firm Hires & Moves

The Young Lawyers’ Section (YLS) of the Chicago Bar Association named Clifford Law Offices’ Tracy Brammeier as its next chair as well as an executive council at the YLS Annual Meeting held June 2, 2021.

Ms. Brammeier’s practice focuses on aviation, transportation, premises, and construction liability in addition to other areas of personal injury and wrongful death litigation. She also participated in the YLS Wills for Heroes project.

“For the last year, we have all worked to stay in touch with clients and colleagues, trying to adapt as we lost access to in-person meetings, hearings, and events,” said Ms. Brammeier. “As we figure out our ‘new normal’ in a post-COVID world, the YLS is more essential to its members than ever before by providing a consistent space for legal education and social engagement to sustain the community environment that is so important to our professional success and personal fulfillment.”

Steven M. Regan joined Steptoe & Johnson’s Business Department in its Pittsburgh office. Mr. Regan’s practice focuses on real estate, real estate development, and corporate transactions. Mr. Regan represents real estate investors in structuring real estate investments and executing acquisition and financing of projects in all asset classes.

“I am excited to welcome Steve to Steptoe & Johnson PLLC. He will be an asset to both our real estate and transactional teams,” said firm CEO Christopher L. Slaughter. “Veteran attorneys like Steve who know how to get positive results and build lasting relationships are a crucial part of our long-term effort to expand services to new and existing clients in the Pittsburgh market.”

Norris McLaughlin law firm hired new attorneys to join the Pennsylvania office’s litigation practice, as well as the addition of one summer associate. The new hires include:

  • Thomas H. Dinkelacker concentrates on municipal, land use, and real estate law and represents clients before zoning hearing boards, code appeal boards, governing bodies, and various Pennsylvania Courts.
  • Rebecca J. Grausam-Charamella focuses on complex litigation matters and represents a multitude of clients at jury trials, hearings, mediations, and arbitrations. She also served as a trial attorney for State Farm Insurance Company for eight years.
  • Andrew J. Shaw concentrates his practice on commercial litigation, and has a wide range of experience through all phases of litigation in both state and federal courts.
  • William R. Murphy III defends individuals involved in civil litigation for general liability matters. He also represents insurance carriers, and he has experience in insurance fraud and automobile accidents.
  • Rocco Beltrami will temporarily join as a summer associate to assist the attorneys while he is in law school at Villanova Charles Widger School of Law.

“We are excited to be growing in a way where we are continuously adding exceptional talent to our roster of great attorneys here at Norris McLaughlin,” said the Honorable Emil Giordano (Ret.), a member of the firm and co-chair of its Litigation Practice Group.

Manatt, Phelps and Phillips, LLP law firm announced the addition of Naeun Rim to their Los Angeles firm as a litigation partner. Ms. Rim represents clients at the intersection of civil litigation and white-collar defense matters across the health care, financial services, entertainment and technology industries.

Ms. Rim is also one of a few Asian American women to serve as trial counsel for a Fortune 150 company in one of California’s biggest environmental trials.

“Naeun will be a strong asset to what our clients view as a well-established litigation powerhouse,” Donna L. Wilson, Manatt’s CEO and managing partner said in the announcement.

Democracy Forward named lawyer Skye Perryman as its new President and Chief Executive Officer.  Ms. Perryman is a founding litigator of the organization. As president and CEO, Ms. Perryman will focus on confronting unlawful threats to democracy and social progress. She succeeds Anne Harkavy, the organization’s founding executive director.

“As we continue to see the basic values of our democracy under attack, Skye Perryman is the right leader at the right time for Democracy Forward,” said Marc Elias, head of the Political Law practice at Perkins Coie and chair of the board of Democracy Forward. “She is a successful litigator, effective strategist, and a coalition builder who is committed to taking on critical fights to advance social progress and democratic values. We are all thrilled to welcome Skye back to Democracy Forward to lead its next phase at a time when the stakes for our nation’s future could not be higher.”

Ms. Perryman most recently served as Chief Legal Officer and General Counsel of the American College of Obstetricians and Gynecologists, where she worked to enhance access and equity in women’s health care.

“We must use all tools at our disposal to fight for the promise of democracy at this crucial moment. It is an honor to be rejoining the team at Democracy Forward as we expand the scope and reach of our work.” said Ms. Perryman.

Law Firm Philanthropy and Pro Bono

Jackson Lewis P.C. partnered with The Association of Corporate Counsel’s Employment and Labor Law Network (ACC) to develop “RACE Talks: Realign Act Change Engage,”  a racial equity program that focuses on individual transformation and change to create a more racially just workplace and society. The RACE Talks program highlighted specific actions to advance social justice in society, and included podcasts, videos and articles.

Jackson Lewis’ Samia M. Kirmani led workplace bias sessions and facilitated live discussions with Michael D. Thomas and Tanya A. Bovée. Weldon H. Latham also added to the discussions.

“We were thrilled that ACC asked Jackson Lewis to create a program designed to advance racial justice,” said Ms. Bovée. “2020 was a racial awakening for many, and this was the perfect opportunity to focus on how individuals can transform and bring about positive change. We created this program with the goal that participants would step outside of their comfort zone, disrupt their own status quo, and think differently about race and the concept of bias.”

North Carolina’s Pro Bono Resource Center inducted four Ward and Smith law firm attorneys into the 2020 North Carolina Pro Bono Honor Society. Despite the challenges 2020 brought, Mary Cavanaugh, Chris Edwards, Paul Fanning and Lance Martin participated in a wide range of pro bono activities across the state.

“Many North Carolina attorneys recognized the needs brought about by COVID-19 and provided pro bono legal services to help ensure that ‘justice shall be administered without favor, denial, or delay,’ as is mandated by our state’s Constitution,” said North Carolina Supreme Court Chief Justice Paul Newby in the announcement.

Frost Brown Todd (FBT) is celebrating Juneteenth this year by providing the entirety of the ParentPreneur Foundation’s $10,000 Father’s Day grant awards, where ten dads of color will receive $1,000 a piece for their start-up businesses.

The ParentPreneur Foundation provides opportunities for black entrepreneurs who are in the start-up business to get a leg up and get started and strives to empower these parents to leave a good legacy for their children.

“The world of start-ups is a challenge no matter who you are, but that is especially true of Black entrepreneurs,” said Terrence Reeves, chair of FBT’s Venture Capital industry team. “Funding this grant is another example of how Frost Brown Todd’s venture capital services go beyond just providing legal support. Being part of this project at a time when the U.S. is celebrating Juneteenth makes it all that more special. We look forward to seeing the impact this grant program will make on the lives and livelihoods of the recipients.”

Legal Industry Awards & Recognition

The Globe and Mail named McCarthy Tétrault as a recipient of its first Report on Business Top 25 Best B2B Brands award. McCarthy Tétrault earned the top honor in the legal category out of 11 law firms.

The Best B2B Brands is a new research initiative from the Globe and Mail’s Report on Business Magazine with Ipsos. The list is based on 42 different evaluations related to culture, innovation and other initiatives from 406 Canadian executives who were surveyed in January and February of this year.

“This acknowledgement is a true testament to our firm’s core values of investing in our people, our clients and our communities,” said Dave Leonard, CEO at McCarthy Tétrault. “Our top priority has always been our clients’ sustained success, and we recognize that the best way to achieve this is to support a collaborative, inclusive and innovative culture that evolves with the pace of business.”

For the third year in a row, the Legal 500 United States 2021 ranked MoginRubin in the category of Antitrust and Civil Litigation/Class Actions: Plaintiff. The Legal 500 ranks practice areas nationally instead of by state.

The Legal 500 recognized the following MoginRubin attorneys:

Greenberg Traurig law firm received the Morgan Stanley Leadership in Excellence in Inclusion and Diversity award.  Bradford D. Kaufman, Greenberg Traurig co-president and the global chairman of Professional Development and Integration, accepted the award on behalf of the firm.

Greenberg Traurig invested $5 million over five years to address systemic racism and launched a Justice Action Initiative to target pro bono work in the areas of economic, social, and racial justice. The firm also joined in creating the Law Firm Anti-Racism Alliance.

“No company operates without the support of clients or customers. Leadership involves service and most professionals feel they have a responsibility to give back. Moving a diversity initiative from paper to impact takes intention,” Mr. Kaufman said. “I have had the privilege to represent Morgan Stanley during the past 35 years and therefore know the depth of its commitment to inclusion and diversity and it is truly inspirational.”

Chambers USA recognized Bracewell law firm in its 2021 rankings, giving the firm a Nationwide Band 1 ranking in Oil & Gas (Regulatory & Litigation) for the seventh consecutive year. Bracewell also ranked as a Band 1 firm in the Texas: Environment category for the fifth consecutive year.

Overall, Bracewell ranked with 89 other firms for excellence in representing clients in the real estate, technology, energy and infrastructure sectors. Additionally, Chambers ranked 50 percent of Bracewell’s partners as leaders in their practice areas.

Copyright ©2021 National Law Forum, LLC
For more articles on the legal industry, visit the NLRLaw Office Management section.