Pitta LLPNYC Employment Law Attorneys | Pitta LLP2024-03-01T14:01:22Zhttps://www.pittalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501871/2020/04/apple-touch-icon-75x75.pngOn Behalf of Pitta LLPhttps://www.pittalaw.com/?p=489142024-03-01T14:01:22Z2024-03-01T14:01:22ZCollective bargaining for safer conditions
One of the primary ways unions improve safety conditions is through collective bargaining agreements. These agreements often include specific provisions related to workplace safety. Some common example include requiring protective gear, mandating regular safety audits and establishing protocols for handling hazardous materials.
Legislative advocacy
Unions also play a crucial role in legislative advocacy, pushing for laws and regulations that promote worker safety, such as having access to clean rest areas and having suitable breaks. They lobby for stricter safety standards, better enforcement of existing laws and penalties for violations.
Safety training and education
Unions often organize and provide safety training and education programs for their members. These programs cover a wide range of topics, from basic first aid to the handling of complex machinery. This training not only benefits the individual workers but also contributes to a culture of safety within the workplace.
Support for injured workers
When accidents occur, unions support injured workers by helping them navigate the workers' compensation system and advocating for their rights to ensure they receive appropriate medical care and compensation. This support can also extend to helping workers return to their jobs or retrain for new positions.
Monitoring and enforcement
Unions are vigilant in monitoring workplace conditions and enforcing safety standards. They often have safety committees or representatives who conduct regular inspections and report violations. These representatives work closely with management to address safety concerns promptly.
In cases where employers are resistant to making necessary changes, unions may use various tactics, including legal action, to compel compliance with safety standards. Labor unions that are moved to legal action should ensure they understand what steps they should take to operate most effectively in this regard, which generally requires the assistance of a legal representative familiar with these matters.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=489102024-01-31T14:32:17Z2024-01-31T14:32:17Znumerous benefits to workers, ranging from improved working conditions to better pay and job security. Understanding these advantages is essential for construction workers considering union membership.
Wage negotiation for the members
One of the primary benefits of union membership for construction workers is the negotiation of better wages. Unions can collectively bargain on behalf of their members, often resulting in higher pay than non-unionized workers. This collective bargaining power extends beyond just wages. It also encompasses other financial aspects, such as overtime rates and pension plans, providing a more secure financial future for workers and their families.
Enhanced job security and representation
Unionized construction workers typically enjoy greater job security. Unions work to ensure that their members are employed under fair contracts and can often provide more stable job opportunities through their networks.
Improved safety and training standards
Safety is paramount in the construction industry. Unions are pivotal in promoting safer working environments. They advocate for strict adherence to safety regulations and often conduct safety training programs for their members. This focus on safety helps reduce workplace injuries and ensures that construction sites adhere to high safety standards, which benefits everyone involved in a project.
Skilled training and new opportunities
Unions also provide access to training and upskilling opportunities. Through various programs, union members can acquire new skills, stay updated with the latest industry standards and enhance their employability. This ongoing training is vital in an industry constantly evolving with new technologies and methods.
The benefits of labor unions, including those in New York’s construction industry, are well documented. All union workers should ensure they fully understand how their union benefits them so they can utilize those benefits accordingly. Prospective members can also benefit from this understanding so that they can make informed decisions about their options.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=489022024-01-11T23:00:55Z2024-01-11T23:00:55ZTypes of ERISA plans
ERISA applies to two types of plans: pension plans and welfare benefit plans. Pension plans are established to provide retirement income or to defer income until termination of covered employment or beyond. Welfare benefit plans provide different benefits, such as health insurance, life insurance, disability insurance and apprenticeship training.
The impact of ERISA on employees
Understanding ERISA is crucial for employees because it impacts how their benefits are managed and protected. One of the critical benefits of ERISA is that it requires plans to provide participants with important information about plan features and funding. This information must be provided in a manner that is understandable to the average participant. It includes details about plan rules, financial information and documents about the plan's operation and management.
Another significant aspect of ERISA is its fiduciary responsibility provision. This requires those who manage and control plan assets to do so in the best interest of the participants and beneficiaries. Those in charge of managing a pension plan must act prudently and not let their interests conflict with those of the plan participants.
Rights and protections under ERISA
ERISA also gives participants the right to sue for benefits and breaches of fiduciary duty. If a participant feels that their rights under the plan are being violated, ERISA provides a means for them to take legal action. For example, if benefits are wrongly denied, participants can appeal and have the denial reviewed.
Lastly, ERISA guarantees payment of certain benefits through the Pension Benefit Guaranty Corporation if a defined plan is terminated. This is a significant protection for employees, ensuring they will receive at least some pension benefits even if their employer goes out of business or the pension plan is otherwise discontinued.
For these reasons and more, it’s important to have a solid, basic understanding of ERISA in order to make informed decisions about one’s rights and options under the law.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=488882023-12-14T02:20:20Z2023-12-14T02:20:20ZSome tip-pooling is legal in New York
Workers may sometimes misunderstand their rights or potentially remember laws from another state while working in New York. Workers whose complaint involves customer gratuities may allege that a company's tip-pooling practices are illegal when they actually comply with New York state law.
It is lawful for a business to require that workers pool their tips with one another and share an equal portion of the combined tips at the end of a shift. Companies can also require that workers who earn gratuities share the tips they receive with other employees including hosts, dishwashers and bussers. However, anyone who earns a salary instead of hourly wages or has an ownership interest in the company should not participate in tip pooling. It is a violation to require that someone share their tips with a manager receiving salary wages or with the owner of the business. Additionally, it is illegal for companies to charge workers a fee to receive the tips left when a customer pays with a credit card or debit card.
Provided that there were actionable tip-related wage violations, unions can advocate for affected employees by communicating with business owners or management. Other times, unions may need to prepare to take legal action on behalf of members denied the tips that they earned through their hard work. Understanding the New York approach to tip-pooling may help union representatives recognize when a business may have violated the rights of certain union members.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=488562023-11-10T00:09:22Z2023-11-10T00:09:22ZWorkplace benefits are subject to legal oversight
When a business provides short or long-term disability benefits as a perk of employment, federal law actually governs what happens with that coverage. The Employee Retirement Income Security Act of 1974 (ERISA) applies to a host of different important employer benefits. Those with an employer-sponsored disability insurance policy have certain rights and protections under ERISA.
Insurance companies providing ERISA-governed coverage are subject to vastly different regulations than other insurance providers. For example, they have a fiduciary duty to policyholders to act in their best interests instead of prioritizing company profit above all else. What happens if the insurance provider refuses to approve someone's benefits claim while they are unable to work?
ERISA protects the right to appeal
When people can't obtain the benefits they need, ERISA guarantees the right to an appeal. If the insurance company denies someone short-term or long-term benefits that they require to support themselves and their families, a policyholder can appeal that decision.
ERISA only allows for a single appeal, and it is therefore very important that people adhere to best practices during the appeals process. They will need to gather evidence to support their claim that the company made the wrong decision. That documentation can be crucial if the appeal is unsuccessful. While it is not possible to demand another appeal, it is sometimes possible to initiate litigation against the insurance provider. In that scenario, the documents used during the appeal will comprise the main evidence for the lawsuit.
Learning more about ERISA protections for those who need disability coverage can benefit those who are not currently able to work due to health issues.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=488432023-10-10T00:49:35Z2023-10-10T00:49:35ZUnions offer more than just employee benefits
A common misconception is that labor organizations drive up operational costs for businesses. While they do advocate for better wages and benefits, these are just one part of the equation. Companies with positive union relationships often see reduced employee turnover, leading to lower costs related to hiring and training new staff. Additionally, long-term employees tend to be more experienced and productive, contributing more positively to a company's bottom line.
Good relations can be a win-win for all
Understanding that labor organizations want the companies they work with to succeed is crucial. A successful company means job security for union members, which is one of the primary goals of any union. When businesses foster good relationships with unions, both parties can work together to find the most efficient and standardized methods for dispute resolution, wage negotiations and other critical operational issues. This not only saves time but can also lead to a more harmonious workplace.
Talent pools and training are among the hidden benefits
Businesses often overlook the role unions play in employee education and training. Labor organizations can be valuable sources of qualified and trained workers, especially in specialized industries. This can be particularly advantageous for companies seeking to hire employees who can quickly adapt to technical roles.
A positive ripple effect on the broader community
Even businesses not directly working with unions may adjust their wages and working conditions to compete for talent, thereby indirectly benefiting from the influence of labor organizations. This positive competition can stimulate local economies.
Unions aren't just about serving workers' interests at employers' expense. In a well-balanced relationship, labor organizations can benefit businesses significantly as well.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=488372023-09-11T04:03:41Z2023-09-11T04:03:41Zthe right to organize with one another. Otherwise, employees might have no choice but to accept misconduct from an employer or leave a job. Allowing workers to organize helps to ensure that employers comply with the law and treat their employees with dignity. Of course, unionizing isn't a process that occurs overnight, and federal protections apply to not just joining a union but also attempts to start one.
Workers are usually legally permitted to discuss their wages and working conditions, cooperate to start a union and engage in collective bargaining with an employer. Such actions are protected workplace conduct and should not trigger any kind of penalties. Unfortunately, many businesses, even large companies, retaliate against workers who attempt to organize or unionize. Thankfully, there are ways that employees can fight back against inappropriate retaliation levied in response to their organizational efforts.
Keeping careful records
To prove to the courts or regulatory agencies that a company infringed on workers' rights, there will generally need to be proof of how they attempted to unionize or organize and how the company responded to those efforts. Keeping minutes from the meetings that they attend, maintaining written notes about conversations with coworkers and collecting other documentation can help establish that workers have engaged in protected attempts to unionize or organize. Any union organization that the workers have communicated with might also have internal records that can help corroborate their claims.
Workers will also then need to establish that the company took some kind of punitive measures against the workers involved in unionizing or organizing. Terminations, transfers, demotions and layoffs are all among the retaliatory steps a business might utilize to punish those who attempt to unionize and deter others from following their example.
Retaliation is often a major employment law violation
Provided that employees who’ve suffered career consequences as a result of their attempts to seek better wages or safer working conditions can prove that the company mistreated them afterward, they may be able to seek damages or even get a job back after a wrongful termination. Ultimately, being able to recognize retaliation and preparing to fight against it from the earliest stages may benefit those who want to unionize with their co-workers.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=485982023-08-02T16:27:40Z2023-08-02T16:27:40ZWorkers at more than 330 Starbucks have unionized – and Starbucks isn’t happy
Amid growing discontent with their labor conditions, hours, pay and more, workers at one Starbucks after another have been unionizing – and Starbucks has been fighting back, often using underhanded “union busting” methods. The National Labor Relations Board (NLRB) has stated that they have more than 100 cases of alleged labor abuses and violations, including refusing to negotiate with union representatives in 28 states.
The issue has been heating up since the beginning of 2023, and a new ruling by a federal labor board judge may only intensify the situation. According to the judge’s ruling, the company’s decision to fire a Manhattan store supervisor who had engaged in union organization activities was pure retaliation. While the decision is probably headed for an appeal, the company is currently under orders to reinstate the supervisor with back pay and stop violating workers’ rights by using adverse employment actions to punish them for union activity.
Given that there are more than 9,000 corporate Starbucks locations in the United States, it’s all but certain that the battle over unionization by the company’s employees is far from over. In addition to the above-mentioned case, Starbucks has been accused of aggressive anti-union tactics all over the nation, including closing some stores rather than allowing them to unionize and harassing or intimidating union activists. However, this new ruling gives hope to many that these union-busting tactics will eventually catch up with the corporation.
If your union is struggling to get a company to come to the table or engage in good-faith bargaining efforts, it may be time to seek legal assistance.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=485962023-07-10T10:42:50Z2023-07-10T10:42:50ZGlacier Northwest, Inc. v. International Brotherhood of Teamsters. In this case, a union representing truck drivers went on strike as cement trucks were getting loaded with ready-mix concrete. When a collective bargaining agreement between the drivers and the company expired, the union directed the workers to ignore a company directive to complete concrete deliveries in progress to prevent damage caused by hardening concrete.
Allegedly, the union deliberately allowed the concrete to harden, leading to potential damage to the trucks and lost property. The employer filed a lawsuit against the union, seeking compensation for intentional property damage caused during the strike.
The NLRA provides limited immunity from lawsuits
The primary legal issue at stake in the case is whether the NLRA shields the union from being sued for damages resulting from their strike-related actions. The union argued that the NLRA protected them from such lawsuits for damage incidental to the strike. However, the employer maintained that the union should be held accountable for the intentional property damage caused and that the NLRA did not provide immunity from such claims.
In a majority ruling, the Supreme Court determined that the union had a legal duty to take reasonable precautions to prevent foreseeable harm to property resulting from the strike.
Does the ruling change anything?
This Supreme Court ruling may have notable implications regarding the scope of union conduct during labor disputes and the destruction of company property. While ceasing work collectively is generally protected concerted activity, the concrete's potential damage to the company's trucks influenced the Court's decision.
Therefore, seeking informed legal guidance and understanding the dynamic legal landscape is key to protecting your interests, especially if you intend to go on strike. Doing so can help to safeguard your union from legal and financial liability down the road.]]>On Behalf of Pitta LLPhttps://www.pittalaw.com/?p=485952023-06-05T10:03:10Z2023-06-05T10:03:10ZEarnings and compensation
A CBA may help to determine the compensation workers are going to receive. In some cases, it could establish a minimum salary, for instance, or set up a wage scale. It may set up a schedule for raises and pay increases. It could also be used to determine other types of compensation besides wages, such as stock options, healthcare benefits, an employer-sponsored pension plan, etc.
Working conditions
Naturally, workers are very concerned about the conditions they find themselves in every day, especially if they believe that these conditions are (or could be) dangerous. A CBA can help to establish baselines for working conditions. There are already state-level laws and regulations, but a CBA can go further. It can be used to give workers protections that the law does not automatically.
Permitted working hours
Another thing to consider is when workers are allowed to be on the job and when they are not. Do they get to work overtime? Can that overtime be mandatory, or do they always need to have the option to reject it? Are workers allowed to work on first, second and third shift, or should they only be working at specific times?
Setting everything up
A CBA can be very helpful for workers because it allows them to have more control over their position at a company or within an industry. It can also give them something of a safety net, and workers who are bargaining together tend to have more influence than workers who try to do this on their own. That said, it is quite important to set up a collective bargaining agreement properly and to carefully consider every detail. That’s why those who are involved in this process need to seek legal guidance before committing to any particular arrangement.]]>