Every so often a lawyer with a small firm will ask me what to do about providing employees with paid sick days. The practice is much more common in large firms, but many lawyers have come to expect it as a perk no matter how big their firms are. (To be clear, I’m talking about paid-time-off policies, not legally required unpaid leave like the Family and Medical Leave Act.) Many larger firms allow their employees to accumulate and bank their leave, saving it up for a rainy day, as it were. Some have the days expire after a certain time, while others allow the days to survive until the end of an employee’s tenure.
That’s fine at large, wealthy firms, who can well afford to pay people not to work. But what about small firms, where a person’s absence is more likely to have an impact? How many days of paid sick leave should a small law firm’s policy permit?
My answer might surprise you. Not ten days a year. Not five. Not even three.
Zero. Small law firms shouldn’t have a policy of any days of paid sick leave a year.
But before you set your comment phasers to “kill,” give me a chance to explain.…
The case for same-sex marriage should rest less upon dollars and cents and more upon fundamental principles of fairness (as recently argued by Professor Jaye Cee Whitehead in a New York Times op-ed piece). But it’s certainly the case that money matters should not be overlooked when it comes to marriage equality.
We’ve previously discussed a non-salary benefit that we’ve nicknamed the gay gross-up. Here’s one concise definition: “A ‘gross-up’ for employees who enroll same-sex partners in the Firm’s health benefits plans to offset any federal, state and local income taxes paid on the value of the partners’ benefits which heterosexual spouses are not subject to.” (Currently gay couples in which partners receive employer-provided health benefits are taxed on the value of those benefits, due to the fact that, thanks to the Defense of Marriage Act (DOMA), federal law — including federal tax law — doesn’t recognize same-sex unions.)
The gross-up is not a perk that affects a huge number of employees, to be sure. But having it sends an important message about a firm’s commitment to equality and inclusion.
Where did we obtain that handy definition of the gross-up? From the benefits page of a top law firm that recently started offering this benefit. It’s one of two elite law firms that recently boarded the gay gross-up bandwagon….
There’s a very interesting debate coming out of Washington State: Should universities do more to provide child care for students with children? On Monday, parents across the University of Washington system brought their kids to class to protest the lack of child care options in the area.
It’s an important question. According to the Seattle Times, child care is the third-greatest barrier to completing a college degree.
Ed. note: This is the latest installment of Size Matters, one of Above the Law’s new columns for small-firm lawyers.
I am getting tired of hearing about all these large law firms and their unnecessary spring bonuses. This weekend I went on a trip with friends who all work in Biglaw, and the topic came up (and, in turn, everyone shared how he or she was going to spend that extra money).
One of my friends is planning on going on vacation to South America (sometime in 2019, when he has the time). Another told us that she is going to get “the Bentley of couches,” for the guest room in her giant condo. I did not have a similar Biglaw big-money story to share, so I instead shared my ideas for the top ten free activities I had planned for the spring. (In case you’re wondering, they are: 1. Breathe Air. 2. Walk. 3. Eat Free Samples At Whole Foods.)
I had to admit that I was a little jealous of my friends and their surprise bonuses. But then I heard a story that touched me right where it counts — in the wallet. I have learned that some small firms give their employees big perks….
When does the gift of a hot gadget feel like an insult? Apparently when you are an associate at Holland & Knight. This bonus season, the firm gave all of its associates free iPads. And…
Well, associates are still waiting to see if there will be anything other than iPads as a bonus present from the firm.
Can somebody explain to me how the iPad turned into a giant pacifier for white-collar employees? Has any kind of consumer protection agency checked to make sure “placation” is an approved use for the product? I mean, I don’t have an iPad, so maybe I don’t know what I’m talking about. But you can’t have sex with it, right? It doesn’t like cure AIDS or grow into a beanstalk or anything?
Maybe the iPad is the most wonderful gadget since the brassiere (the O.G. of gadgets), but at least some of the associates at Holland & Knight were hoping for something a little bit more. And the staff at Holland & Knight, well, I suppose they’re just happy they could help out with getting the associates the iPads…
Here’s some very belated bonus news. Earlier this month, the New York office of Linklaters announced bonuses that matched the Cravath scale.
As usual at Linklaters, there was no hours requirement. The news was communicated via individual memo.
A Cravath match, especially in a bonus season when some firms are paying significantly more, kinda sucks isn’t that exciting. A Cravath bonus won’t get a Linklaters associate a pad as palatial as that of Linklaters partner Michael Bassett. Heck, $35K — the top of the Cravath scale — probably won’t even cover the cost of Bassett’s wallpaper.
But we’ll point out two nice things about Linklaters, both relating to tax issues….
At least one law firm is stepping up to the plate to help domestically-partnered employees with their health-benefit-related tax burdens. The firm of Morrison & Foerster issued the following statement to Above the Law, from firm chair Keith Wetmore: “Starting in 2011, Morrison & Foerster will begin offering an additional benefit payment to assist with the tax obligation that same-sex and opposite sex Staff and Non-Partner Attorneys pay when they elect Domestic Partner health benefits.”
This is excellent news, and we commend MoFo for taking this step. Hopefully it will inspire additional firms to move in this direction. Note also that the policy applies not just to same-sex couples, but also to opposite-sex couples who are similarly situated — which might be a way of addressing the criticismsof some that the gay gross-up is unfair to heterosexual couples.
Meanwhile, elsewhere in “law firms being nice to gay people” news, let’s give some props to Shearman & Sterling….
It feels a little bit weird to talk (and bitch) about the high-end lifestyle enjoyed Biglaw associates on Veterans Day. We’re all very thankful for the people who risk their lives to keep us safe, secure, and free.
Okay, random moment of conscience over. Where are the goddamn bonuses?
The first Biglaw bonus memo still hasn’t dropped — when it does, please email us at [email protected] or text us at 646-820-TIPS, ASAP — but we do have associate benefits news. Yesterday, Proskauer Rose told its associates that they would all be getting a free iPad and a desktop PC. Or a free laptop with a docking station. And candy floss. And free Rock Band 3 peripherals.
Okay, I made the last two items up, but you get the point. We don’t know what Proskauer’s cash bonus will be, but we do know that Proskauer associates won’t have to spend it on fancy gadgets…
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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