Jerry Cutler | Source | Lecturer at Columbia University
Jerry Cutler
Jerry has served as general counsel and chief human resources officer for various organizations, and as lead counsel in federal labor and employment law cases in the entertainment, transportation, maritime, construction, and manufacturing industries. He is lead author of "Legal Guide to Human Resources," a multi-volume treatise published by Thomson Reuters that provides guidance to attorneys and human resources practitioners on laws impacting sexual harassment, discrimination, labor relations, compensation, benefits, pay equity, privacy, and employment-at-will. He also holds an academic appointment at Columbia University where he has designed and taught graduate-level courses on labor relations, labor and employment law, and human capital management.
Jerry has served as co-chair of the American Bar Association’s Section of Litigation, Employment & Labor Relations Law Committee, and is a frequent contributor to the ABA's Litigation News. He has been quoted in Forbes, Financial Times, and International Business Times, and is a contributing author and editor on a number of publications including "The Developing Labor Law"; "International Human Resources Guide"; "The Fair Labor Standards Act"; "The Family and Medical Leave Act"; "Discipline and Discharge in Arbitration"; and "How Arbitration Works." Jerry also serves on the American Arbitration Association's national roster of arbitrators.
Jerry has a BA degree from the Pennsylvania State University, and a JD degree with honors from the University of Maryland School of Law.
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Columbia University (https://sps.columbia.edu/faculty/jerry-cutler)
Lecturer -
Thomson Reuters (https://store.legal.thomsonreuters.com/law-products/Treatises/Legal-Guide-to-Human-Resources/p/100081693)
Lead Author, "Legal Guide to Human Resources"
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Artificial Intelligence in the Workplace: What Employers Need to Know
With these technological developments have come concerns that AI employment tools will result in discriminatory treatment of applicants.
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Independent Contractor Classification
The Biden administration has advocated for a different approach to clarify what defines an independent contractor.
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"Legal Guide to Human Resources"
Written by practicing experts, this work reports on the continually changing laws that affect human resources. Broad in scope, this comprehensive volume provides guidance on current issues, such as sexual harassment, discrimination, employment-at-will, privacy, employer and union unfair labor practices, collective bargaining, compensation and benefits, retirement, and other benefits laws. Appendix includes state employment laws.
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NLRB's Authority Challenged: Companies Seek Constitutional Change
Jerry explains that companies challenge the NLRB's authority, claiming its judges' job protections are unconstitutional. If successful, judges could be removed by the president, increasing presidential influence. Jerry notes, "Making the judges subject to the president's removal authority would enable a president to exercise greater influence over the outcome of NLRB cases." -
Expert Explains Garden Leave as Strategic HR Option
Jerry Cutler, Columbia University Lecturer, details garden leave: paid leave preventing competition post-resignation. It's a strategic alternative to non-compete clauses, circumventing legal restrictions but potentially costly for employers.
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"Hollywood Studios Break Off Strike Talks With Actors," Associated Press (October 12, 2023)
https://www.ntd.com/hollywood-studios-break-off-strike-talks-with-actors-who-slam-bullying-tactics_947456.html?utm_source=ref_share&utm_campaign=copy -
"From NDAs to overtime pay, the federal government is reshaping employee-employer relations," New York Business Journal
“I would say that the Biden administration has been very active and effective in using these administrative agencies to advance its pro-worker policy objectives — even more effective and more active than the Obama administration,” said Jerry Cutler an attorney, author and lecturer at Columbia University and an expert on labor relations. “President Biden made a promise to be the most pro-worker and pro-union president in American history, and most observers agree he has kept that promise."
https://www.bizjournals.com/newyork/news/2023/10/05/president-biden-nda-overtime-nlrb-unions-pay-wages.html
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KNX News, "Should Healthcare Workers Have the Legal Right to Strike"
Labor relations expert at Columbia University and lead author of the "Legal Guide to Human Resources," Jerry Cutler, told KNX In Depth it's important to first consider the impact striking has on workers.
He said, "They're not receiving a paycheck, they can't pay their bills, they're also not eligible for unemployment benefits in most states. So, the decision to go on strike is not one that's made lightly by workers, and it's typically because the employer has taken a position in bargaining that's so intolerable that workers feel they have no choice but to exercise the economic power that they have."
Cutler argued that the Kaiser strike could affect patients, but "Doctors are not on strike at Kaiser, ER nurses are not on strike. So patients can still avail themselves of emergent care and other critical care needs."
To those who argue that healthcare workers should be prevented by law from striking, Cutler says removing the 'legal right' doesn't mean there won't be strikes. "In the US, if you go back 100 years or more before workers had the legal right to strike, there were many strikes in critical industries, affecting people's safety and well-being in manufacturing and transportation. So, removing the right to strike doesn't mean that workers will not withhold their services," Cutler said.
In Cutler's view, the best way to avoid strikes that hurt patients is to look at the underlying cause that leads workers to feel they have no choice but to strike - the employer.
