Pitta LLP NYC Employment Law Attorneys | Pitta LLP 2026-04-19T11:05:07Z https://www.pittalaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504298/2020/04/apple-touch-icon-75x75.png On Behalf of Pitta LLP <![CDATA[What labor unions need to know about federal RICO charges]]> https://www.pittalaw.com/?p=49624 2026-04-19T11:05:07Z 2026-04-19T11:05:07Z What are the elements of a RICO case? To prove that the case is eligible for prosecution under the RICO Act and to secure a conviction, federal prosecutors must establish the presence of five key elements. The first is the existence of an enterprise, which is often straightforward in a case involving a labor union. There is a group of people working together as a continuing unit toward a shared purpose. The second critical requirement is an interstate commerce element. Unfortunately, the interpretation of this requirement is relatively broad, allowing actions as simple as sending an email or correspondence through the mail to fulfill this requirement. The third element is proof that each of the defendants has a direct connection with the enterprise established as the first element of the case. The fourth element is the occurrence of at least two “predicate acts” within one decade. Predicate acts may include federal crimes and state-level felonies. The final element for a RICO case is that the defendants on trial must have played a role in conducting the enterprise’s affairs using racketeering. In other words, illegal activities must play a role in how the enterprise functions.

What defenses are possible?

In some cases, those facing RICO charges related to union activity can leverage the claim-of-right doctrine. Essentially, coercive conduct by those engaged in union activities for the protection of workers may not truly be racketeering activity or a predicate act. When potentially problematic conduct serves to support legitimate labor objectives, such as safer working conditions, the conduct may not fulfill the requirement for repeated criminal activity. Other times, individual members of the union facing prosecution could highlight their lack of participation in organized activities or management of the enterprise. Individuals’ lack of knowledge or intent can also serve as a defense. Consulting with an attorney familiar with labor law and criminal defense can be beneficial for union leaders implicated in a RICO case. Adequate legal guidance is critical for the prevention of a mass trial that could affect multiple employees working for a labor union.]]> On Behalf of Pitta LLP <![CDATA[Whistleblower protections for union members: reporting without fear]]> https://www.pittalaw.com/?p=49623 2026-04-07T03:42:09Z 2026-04-07T03:42:09Z The power of the CBA and Weingarten rights Unlike at-will employees, union workers are typically protected by a just cause provision. This requires an employer to prove a legitimate, non-retaliatory reason for any disciplinary action following a safety report.
  • Grievance procedures: Your local can file a formal grievance if you face hostility after reporting a workplace violation
  • Safety committees: Many NYC unions have dedicated representatives who can report issues anonymously on your behalf
  • Weingarten rights: If called into an investigatory interview, you must explicitly state: "If this meeting could lead to discipline, I request my union representative be present"
These contractual protections, combined with the right to representation, provide a critical buffer against supervisors attempting to silence whistleblowers through intimidation.

What New York laws say

New York significantly expanded Labor Law § 740, which now protects employees who possess a reasonable belief that an activity is illegal or poses a threat to public health. Furthermore, for those working on city contracts, NYC Admin. Code § 12-113 provides additional safeguards against adverse personnel actions.
  • Expanded definition: Retaliation now includes threatening to contact immigration authorities to silence immigrant workers
  • Statutory deadlines: Workers now have a two-year window to file a lawsuit under Section 740
  • Federal oversight: Under Section 11(c) of the OSH Act, it is illegal for an employer to punish workers for reporting a health or safety concern to OSHA.
These laws ensure that even if a union grievance process is slow, you retain the right to take private legal action in New York courts to secure back pay and punitive damages.

Practical steps for preserving your rights

To build a successful retaliation case, you must maintain a meticulous record of your interactions. The difference between a workplace dispute and a successful lawsuit often depends on the quality of your evidence.
  • Written reports: Always send an email or text to your supervisor and union representative to create a time-stamped record of your report.
  • Shadow files: Keep copies of your performance reviews at home to counter claims that you were a "poor performer" prior to blowing the whistle.
  • Timeline of events: Document any sudden increase in "write-ups" for minor issues that occur after your safety report is filed.
If a supervisor initiates disciplinary measures after years of clean service, those documents become powerful evidence of a retaliatory motive. Consulting with a labor attorney ensures that your report is handled with the technical precision required to protect your career and your union standing.  ]]> On Behalf of Pitta LLP <![CDATA[Internal investigations of union members: Know your rights]]> https://www.pittalaw.com/?p=49620 2026-01-16T04:23:56Z 2026-01-16T04:23:56Z When a union member is subject to an internal workplace investigation, the process can be intimidating and inspire strong emotions related to uncertainty. Concerns about job security, discipline and fairness often naturally arise, especially when interviews are conducted by management or human resources. Unionized workers, however, are not without protection. Labor law provides important rights that help to better ensure that investigations are conducted fairly and that employees are not left to navigate them alone. One of the most significant protections for union members is the right to representation during investigatory interviews. These are commonly known as Weingarten Rights. As a result of these rights, a union member may request the presence of a union representative if the employee reasonably believes that an interview could lead to discipline. This protection applies even if the meeting is described as informal or routine. Yet, it is important to note that Weingarten Rights are not automatic unless the employee being investigated or otherwise interviewed invokes them. Management is not required to offer a representative on its own. The employee must clearly request union representation. Once requested, the employer generally has three options: grant the request and delay the interview until a representative is present, deny the request and end the interview or offer the employee the choice to proceed without representation or stop the interview entirely. Continuing questioning after a valid request is made can violate federal labor law.

Additional protections of note for union members

Union members also benefit from protections related to due process and contract rights. Collective bargaining agreements often outline specific procedures for investigations, discipline and grievance processes. Employers must follow these contractual rules, and failure to do so may render disciplinary action invalid. Investigations that ignore timelines, skip required steps or impose penalties outside the agreement can be challenged. Union members also cannot be disciplined simply for exercising their rights, requesting representation, or participating in union activity. Retaliatory investigations or discipline may give rise to additional legal claims beyond the underlying workplace issue. Legal protections for union members during internal investigations exist to balance power and promote fairness. However, these rights are only effective when properly asserted and enforced. An experienced legal team knowledgeable about union matters can help workers understand their rights, respond appropriately during investigations and challenge violations when employers overstep.]]> On Behalf of Pitta LLP <![CDATA[Is the grievance mediation and arbitration process good for workers?]]> https://www.pittalaw.com/?p=49597 2025-09-16T16:37:40Z 2025-09-16T16:37:40Z The reason for grievance mediation and arbitration Mediation and arbitration are often part of the legal process used to resolve disputes between employers and workers. The use of these tools is generally outlined in the employment contract, often within an arbitration agreement. It is helpful to review this document to get a better understanding of how the process will move forward.

Benefits of grievance mediation and arbitration

Grievance mediation and arbitration can be beneficial for workers. Common benefits often include:
  • Confidentiality: These processes maintain privacy, protecting sensitive information from public exposure.
  • Cost-effectiveness: Mediation and arbitration often prove less expensive than litigation, saving resources for both unions and employers.
  • Timeliness: These methods typically resolve disputes faster than court proceedings, allowing workers to focus on their jobs.
When used wisely, you can work through the process in a way that makes the most of these benefits.

Tips to increase the odds of a favorable outcome

Union members can adopt several strategies to enhance their chances of a favorable outcome during grievance mediation and arbitration. Four tips that apply to most grievances include the following:
  1. Preparation: Gather all relevant documents, evidence, and witness statements to support the grievance.
  2. Communication: Articulate the grievance clearly and concisely, focusing on facts rather than emotions.
  3. Understanding the process: Familiarize yourself with the mediation and arbitration procedures to navigate them effectively.
  4. Legal counsel: It is also wise to consult with legal counsel with experience in these types of matters to help better understand your rights and obligations.
These strategies can help union members strengthen their case and increase the likelihood of a positive resolution. Union grievance mediation and arbitration play an important role in the process of resolving workplace disputes. There are numerous benefits, including impartiality, confidentiality, cost-effectiveness, and timeliness. By using the tips outlined above, workers can help to protect their rights while increasing the odds of a favorable resolution.]]> On Behalf of Pitta LLP <![CDATA[Are you getting equal mental health coverage at work?]]> https://www.pittalaw.com/?p=49487 2025-06-25T10:25:20Z 2025-06-25T10:25:20Z If you get health insurance through your job in New York or New Jersey, your plan must treat mental health equally to physical health. Yet many workers still face higher costs or strict approval requirements for therapy or psychiatric treatment. In several cases, this violates the law. Federal laws like ERISA, the Mental Health Parity and Addiction Equity Act (MHPAEA) and the Affordable Care Act (ACA) require fair and equal coverage. Here’s what that means for you.

What laws apply?

Most private employer-sponsored health plans are governed by ERISA, a federal law that requires fairness, transparency and a clear appeal process when claims are denied. However, government and church-affiliated plans are generally exempt. The MHPAEA and the ACA require health plans that offer mental-health or substance-use-disorder benefits to treat those services the same as physical medical care. For example, your plan must follow parity in three key areas:
  • Copay fairness: It cannot charge higher copays for therapy than for a primary care visit.
  • Session limits: It cannot limit the number of therapy sessions if it allows unlimited physical therapy.
  • Prior-authorization parity: It cannot require extra approvals for mental health services unless it does so for similar physical conditions.
The ACA extended these parity rules to a number of individual and small group plans. But what exactly do these laws require health plans to cover?

What conditions must your health plan cover?

Health plans typically fall under essential health benefits required by law. They often include coverage for the following conditions:
  • Mood disorders: Conditions like depression, anxiety and PTSD 
  • Psychotic disorders: Conditions like bipolar disorder and schizophrenia
  • Neurodevelopmental disorders: Conditions like ADHD and autism
  • Behavioral and addiction disorders: Conditions like eating disorders and substance use disorders
Your insurer cannot apply more restrictions to these conditions than it does to comparable physical illnesses. If your coverage falls short or you face denials, there are steps you can take to challenge it.

How to protect your rights

Review your plan’s Summary Plan Description (SPD) to see how it covers mental health services. Compare them to how it handles physical health services. If your plan applies different rules, request a written explanation for why it denied your claim. You can also file a complaint with:
  •  The U.S. Department of Labor – if your plan is covered by ERISA
  • Your state’s insurance department – if ERISA does not apply to your plan
Taking these steps can help you identify illegal coverage practices and take action to ensure you receive the benefits the law guarantees.

Don’t settle for unequal coverage

Mental health deserves the same level of coverage as physical care; if your plan treats it differently, you may have the legal right to challenge that decision. Understanding these protections is the first step toward getting the care you need and deserve.]]> On Behalf of Pitta LLP <![CDATA[Unions negotiating: The challenges of collective bargaining]]> https://www.pittalaw.com/?p=49467 2025-03-21T18:34:55Z 2025-03-21T18:34:55Z The struggle for consensus One of the most common challenges during collective bargaining is reaching a consensus. Disagreements can arise over:
  • Wages
  • health benefits
  • job security
  • working conditions
These issues are vital to workers, and unions must work hard to ensure their members' voices are heard and respected. Negotiating these terms requires patience and skill.

External factors impacting negotiations

Beyond internal disagreements, external factors such as economic conditions and industry trends can also influence collective bargaining. For example, during economic downturns, employers may be less willing to agree to wage increases or enhanced benefits. Unions must be prepared to navigate these challenges by understanding the broader economic landscape and presenting compelling arguments for their demands.

The Importance of good faith bargaining

The National Labor Relations Act grants unions the right to bargain collectively with employers. This means both parties must negotiate in good faith, discussing employment terms until they reach an agreement or a stand-off, known as an impasse. If an impasse occurs, employers can impose terms offered to the union before reaching this point. It's crucial for unions to engage in open and honest communication to prevent impasses and secure favorable contracts for their members.

Why legal help is essential

Navigating the complexities of collective bargaining can be daunting. Seeking legal help is advisable, as labor law attorneys understand the intricacies of the negotiation process and can offer guidance to ensure unions' rights are protected. Legal experts can also assist in drafting contracts that clearly outline the agreed-upon terms, reducing the risk of future disputes. Overcoming the challenges of collective bargaining requires thorough preparation, clear communication, and sometimes, external assistance. By understanding the potential hurdles and seeking legal help when necessary, unions can effectively advocate for their members and secure beneficial contracts.]]> On Behalf of Pitta LLP <![CDATA[3 common mistakes to avoid when filing an ERISA claim in New York]]> https://www.pittalaw.com/?p=49457 2025-02-19T19:26:39Z 2025-02-19T19:26:39Z ERISA-governed disability benefits should take care to avoid the three common mistakes outlined below.

1. Applying without medical evidence

ERISA protections help workers by imposing certain requirements on insurance providers. The insurance company has a fiduciary duty to policyholders for ERISA-governed coverage. That means the company should make a decision in the best interests of the policyholder. However, the policyholder has to establish that they have qualifying circumstances. Applying without adequate medical documentation can lead to denied claims and major delays. Applicants generally need compelling medical documentation affirming the extent of their condition.

2. Ignoring medical recommendations

Particularly when workers need long-term disability benefits, medical compliance is crucial for their protection. Insurance providers can sometimes assert that a worker's continued functional limitations are the result of their refusal to comply with medical recommendations or instructions. Workers who want to preserve their eligibility for long-term disability benefits need to comply with treatment instructions such as attending physical therapy or undergoing surgery. In scenarios where they question a health care professional's treatment plan, they may need to seek a second opinion and document doing so instead of simply ignoring the recommendations.

3. Settling the claim early

Disability benefits are often paid regularly until a worker is no longer eligible. Occasionally, insurance companies may offer a lump-sum settlement based on the extent of the injury, the worker's condition and other factors. A settlement generally absolves the insurance company of any future liability. Workers feeling the financial pressure of being unable to do their jobs might accept a settlement that is too low given their overall losses. Those navigating a complex ERISA disability benefits claim generally have the right to retain legal representation during that process. Workers with disabling medical conditions who hire attorneys may have an easier time maximizing the benefits that they receive and minimizing the stress of the ERISA claims process. Getting support early can help people avoid common mistakes that could limit their financial recovery.]]> On Behalf of Pitta LLP <![CDATA[An introduction to the federal and NY WARN Acts]]> https://www.pittalaw.com/?p=48973 2024-09-23T12:57:02Z 2024-09-23T12:57:02Z The New York WARN Act Some states, including New York and New Jersey, have their own WARN Acts that offer added protections. Here are some highlights of the New York WARN Act:
  • Employers with 50 or more employees must provide 90 calendar days’ notice prior to any “mass layoff, plant closing, relocation, or a covered reduction in work hours….” totaling the designated number or percentage of employees.
  • Notices must also be provided to employee representatives of all affected employees, along with other entities (like local labor boards).
  • Detailed information about the action must be provided, including whether it’s temporary or permanent.
There are a number of exceptions to the general protections provided via this law. For example, it includes exceptions for natural disasters and “unforeseen business circumstances.”  Of course, the latter can be open to questions about whether any particular circumstances were unforeseen and out of an employer’s control.

What about striking employees?

The federal WARN Act states that it “does not affect employers’ or employees’ rights and responsibilities under the National Labor Relations Act.”  It should be noted however, that if striking employees can legally be replaced, the WARN Act doesn’t apply “when the strike or lockout is equivalent to a plant closing or mass layoff.” Those who work in the hospitality industry, especially in New York City, may be affected by everything from the economy to tourism trends to both natural and man-made disasters. It’s crucial for the unions that represent them to make sure they know their rights. When unions have sound legal guidance of their own, they can better protect those who count on them.]]> On Behalf of Pitta LLP <![CDATA[3 ways unions help to protect injured workers]]> https://www.pittalaw.com/?p=48946 2024-08-26T20:19:44Z 2024-08-26T20:19:44Z Educating them about their rights Union representatives often play a key role in educating individual employees about their rights. Injured employees may need information about workers' compensation benefits and their right to accommodations so that they don't miss much work. Union representatives can help workers understand their rights and may be able to support them when they request benefits or accommodations on the job.

Identifying underlying causes

Another key way that unions help injured workers is by evaluating the situations that led to their injuries. A worker unfamiliar with job hazards and safety standards may not understand when violations of best practices may have contributed to the situation that led to their injury. Union representatives can evaluate an on-the-job incident to determine the underlying cause. They can then potentially communicate with the employer about the need to make certain corrections to employment practices or changes to the facilities to reduce the likelihood of others suffering similar injuries in the future.

Preventing unfair termination

Despite laws protecting the rights of workers to seek employment benefits after they get hurt and accommodations for functional limitations, employers don't always follow the rules. They may retaliate against workers who report injuries by unfairly terminating them. Union representatives can maintain documentation that helps the worker prove wrongful termination if they lose their job. However, the advocacy received through the union could also help a worker get the support and accommodation they require without losing their job. Union representatives who have experience navigating complicated and challenging situations, such as assisting an injured employee, can provide invaluable support. And counsel for unions can provide members with significant assistance under challenging circumstances as well.]]> On Behalf of Pitta LLP <![CDATA[3 ways ERISA protects workers who need disability benefits]]> https://www.pittalaw.com/?p=48940 2024-07-24T17:16:23Z 2024-07-24T17:16:23Z An insurance company has a fiduciary duty to a policyholder Insurance companies have a requirement under federal law to uphold their policies in good faith. Those that issue policies governed by ERISA have additional obligations. The law imposes a fiduciary duty on the insurance company. That means the insurance company should act in the best interest of policyholders. The needs of those seeking disability benefits should supersede the company's desire to generate profit.

Policyholders have the right to an appeal

Another way that ERISA protects those who may eventually require disability benefits is through the establishment of the right to pursue an internal appeal. Policies governed by ERISA generally have to offer the option of appealing an unfavorable decision. While claimants may only have the option of a single appeal in most cases, the evidence that they submit during that appeal could significantly increase their chances of getting the benefits they need.

Denied claims can lead to lawsuits

While only one appeal is guaranteed under ERISA, policyholders may also have the right to take legal action. When they believe that the insurance company wrongfully denied their claim and an appeal was unsuccessful, they can potentially initiate a civil lawsuit. Litigation often involves the courts reviewing policy documents and the evidence submitted to the insurance provider. Provided it is clear that someone meets the necessary standard for benefits and had active coverage, they may be able to take the matter to court. A successful lawsuit can result in benefits even when an appeal is unsuccessful. Learning more about ERISA can be important for those who need to file a claim for ERISA disability benefits through an employer-sponsored insurance policy. ERISA helps enhance the basic protections already provided for those with private insurance coverage.]]>