Joint Survey of Employment & Labor Attorneys by the Association of
Corporate Counsel and Jackson Lewis Reveals In-House Counsel See
Post-Election Changes, Including Increased Costs For Health Benefits and
Mandatory Paid Sick Days
NEW YORK and WASHINGTON, Oct. 6 /PRNewswire/ -- Six out of ten
corporate counsel expect this year's presidential elections to have an
impact on labor and employment laws at their companies, according to a
survey of workplace issues released today from the Association of Corporate
Counsel (ACC), with the assistance of Jackson Lewis LLP, one of the
country's leading workplace law firms and sponsor of ACC's Employment and
Labor Law Committee.
Despite worries about the economy, the "In-House Counsel Workplace"
survey of nearly 400 corporate counsel from ACC's Employment and Labor Law
Committee conducted in August, showed that more than half of their
companies were not instituting a reduction in workforce and most of those
did not expect to do so over the next 12 months.
"With this year's election right around the corner, ACC and its
Employment and Labor Law Committee felt it was timely to survey our members
to determine what employment issues are at the forefront of concern so as
to be better prepared," explained Deborah House, ACC's Vice President and
Deputy General Counsel. "The results provide a snapshot of anticipated
changes, as well as issues labor and employment attorneys will be focused
on in the coming year."
On day-to-day challenges, corporate counsel cited workplace
discrimination as the most time-consuming employment issue, followed by
family and medical leave, wages and hours, and employee benefits. The most
demanding issue for corporate legal department was cited as
harassment/discrimination prevention and compliance, followed by Family and
Medical Leave Act compliance and wage and hour compliance. Compliance with
the Health Insurance Portability and Accountability Act and Sarbanes-Oxley
rounded out the top five.
"The results of the Survey illustrate that employment issues are among
the chief concerns in corporate America," adds Patrick L. Vaccaro,
firm-wide Managing Partner of Jackson Lewis. "Change is in the air and our
clients are gearing-up to face the challenges ahead."
Specific findings from the ACC/Jackson Lewis "In-House Counsel
Workplace" survey include:
Presidential Ballot to Impact Labor and Employment Law
Looking forward to this year's presidential election, 60.5 percent of
the committee member respondents believed the election outcome would affect
labor and employment laws, while 39.5 percent said they did not expect the
November ballot to have an impact. Among the potential changes cited by
respondents were the possibility of increased costs for health benefits and
mandatory paid sick days; a resurgence of workplace regulation generally;
and passage of the Employee Free Choice Act, which would eliminate secret
ballots in union organizing drives and strengthen labor's hand in
negotiations over union representation.
Discrimination Claims a Top Concern
In addition, nearly three-quarters of corporate counsel surveyed said
their companies had faced employment-related litigation over the past three
years, with discrimination complaints being the most frequent.
According to the survey, 73.5 percent of the corporate counsel said
their companies had been a defendant in employment-related litigation over
the last three years. More than half of those, or 52.6 percent, said they
had faced discrimination complaints, with wage and hour complaints being
the second most frequent at 27.0 percent.
As to the number of discrimination complaints, 42.4 percent of
respondents said they had remained steady over the past three years, while
27.2 percent had seen an increase and 11.1 percent had seen a decrease.
E-Discovery Rules Prove Costly
The new federal rules on electronic discovery, adopted in December
2006, are clearly having an impact on corporate counsel.
The survey showed that more than half of the corporate counsel, 57.4
percent, had instituted new procedures for e-discovery over the last two
years to comply with the amended Federal Rules of Civil Procedure. Just
over a quarter of respondents said the rule changes had made litigation
management more expensive; 23.6 percent said it had made litigation
management more difficult, and 20.4 percent said it had required
significant changes in the way their companies handle electronic records
and data.
Most Companies Not Cutting Workers
As for workforce levels, more than half of the respondents, 52.8
percent, said their companies were not instituting reductions- in-force in
any of their operations, while 47.2 percent said they were. Of those not
instituting reductions-in-force, exactly three-quarters said there was no
reasonable likelihood of a workforce cut in the next 12 months. Just over
seven in ten of respondents, 71.3 percent, said they were not anticipating
an increase in the number of jobs being outsourced.
Corporate Legal Departments
For their own staffs, 49.5 percent of respondents said their corporate
legal department had increased its professional staff in the last three
years; 41.1 percent said staffing had remained the same; while only 9.4
percent had seen a decrease.
About ACC
The Association of Corporate Counsel (ACC) serves the professional
needs of attorneys who practice in the legal departments of corporations
and private sector organizations worldwide by promoting the common
interests of its members, contributing to their continuing education and
providing a voice on issues of national importance. With nearly 25,000
members in over 80 countries, employed by over 10,000 organizations, ACC's
community connects its members to the people and resources necessary for
both personal and professional growth.
With nearly 6,000 members, ACC's Employment & Labor Law Committee
(ELLC) is the central voice and resource for ACC members on employment,
labor and benefits law- related matters. Along with efforts in advocating
for ELLC members on important nationally focused employment, benefits and
labor law issues, the ELLC is actively involved in keeping its in-house
members informed on current legal issues and developments through solid
educational programs at ACC's Annual Meeting, monthly legal updates,
regular Webcasts, an active member-to-member information communication
network, in-depth topical white papers, and published articles in its
member publication, the ACC Docket.
About Jackson Lewis LLP
Founded in 1958, Jackson Lewis LLP is dedicated to representing
management exclusively in workplace law. With offices in 39 cities and over
500 attorneys, Jackson Lewis has developed a specialized expertise in every
aspect of employment, labor, benefits and immigration law. Jackson Lewis
has sponsored ACC's Employment and Labor Law Committee since its inception
in 1998. Additional information about Jackson Lewis LLP can be found at
http://www.jacksonlewis.com.
SOURCE Jackson Lewis LLP
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Related links:
http://www.acc.com
http://www.jacksonlewis.com
CONTACT:
ACC: Susan Jacobsen, +1-202-349-1508,
jacobsen@acc.com, or JACKSON LEWIS: Clare Grossman,
+1-212-545-4068, grossmac@jacksonlewis.com
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