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Click on the links below to download our In Focus newsletters which provide news on labor and employment issues.

April 11, 2024

  • OLMS Revises Form LM-21 Special Enforcement Policy
  • Time is a Continuum, But New York Jurisdiction is Not, Says Second Circuit
  • Hotel Cannot Unilaterally Increase Workload, Even Where Increase is Incidental to Management Decision, D.C. Circuit Affirms

February 15, 2024

  • Employer Union Unwisely Borrows From Management Playbook In Dealing With Union-represented Union Representatives, Violates National Labor Relations Act
  • Second Circuit Revives Hijab Discrimination Claim
  • Osha’s Workplace Walkaround Policy Under Review By The White House
  • Happy Presidents Day

February 8, 2024

  • Big Green Basketball Set to Dance With Unionization
  • Board Declines Review of Decision on Objectionable Nursing Home Raffle, Which Could Set Aside Union Election
  • Starbucks’ Losing Streak at the NLRB Continues
  • New York Fashion Law Takes on AI

January 18, 2024

  • “F**cking” “Racist,” “Stalker,” “Fraud,” Not Defamatory In Context, Says Second Circuit
  • Northern District Of New York Joins Second Circuit And Southern District In Upholding Local Laws Affecting Terms And Conditions Of Employment
  • Google Purposely Refused To Bargain With Youtube Employees, Will Likely Challenge Joint-employer Decision In Fifth Circuit
  • Trader Joe’s Union May Use Company Logo On Union Merchandise

January 11, 2024

  • Navigating The New Terrain: DOL’s Final Rule Redefines Worker Classification
  • SpaceX Launches Constitutional Attack Into NLRB’s Hull
  • Second Circuit Makes Fast Work Rejecting Restaurants’ Challenge To NYC Fast Food “Just Cause” Law

January 8, 2024

  • Follow The Money For Withdrawal Liability
  • NLRB Rules Employer Cannot Unilaterally End Pay Differential
  • U.S. Court Of Appeals Strikes A Chord In Seiu Dispute

December 27, 2023

  • ALJ Rules Donning Blm Gear Is Not Protected Speech
  • Big Win For Workers: New Rule Revolutionizes Federal Construction Contracts
  • Intent Is Not Injury So Non-Union Contractors Lack Standing To Challenge Union-Friendly Bidding Laws
  • Hochul’S Halt: NYS Noncompete Agreement Saga Continues

December 21, 2023

  • Secure 2.0 Technical Corrections Act Of 2023
  • Medical Provider Cannot Sue On Behalf Of Participant Under ERISA
  • Departments Try To Clarify Culturally And Linguistically Appropriate Notice Requirements For Health Plans

December 15, 2023

  • Nlrb General Counsel Lays Out Expedited Timeline For Union Elections
  • Wisconsin Public Sector Employees Seek To Subject Anti-union Law To Judicial Scrutiny
  • Starbucks’ Losing Streak At The Nlrb Continues
  • Eeoc Issues New Electronic Filing Rule

December 6, 2023

  • Governor Hochul Balks At State-wide Non-compete Ban: Seeks To Strike Balance
  • Amazon Demonstrates How Not To Deal With Union Organizing Campaigns At Staten Island Facilities
  • Testing The Limits: The Supreme Court’s Recent Ada Decision And Its Impact On Future Labor And Employment Law Litigation

November 29, 2023

  • Fifth Circuit Short Circuits Nlrb’s Order Regarding Union T-shirts At Tesla
  • New Nyc Law Banning Discrimination Based On Height And Weight Goes Into Effect
  • National Labor Relations Board Says Ups’ 2015 Grievance Panel Proceedings Were Not “fair And Regular”

November 21, 2023

  • Department Of Labor Rolls Out New Rule Proposing New Erisa Definition Of “investment Advice Fiduciary”
  • Irs Announces 2024 Retirement-related Cost-of-living Adjustments
  • Federal Idr Process

November 15, 2023

  • That’s A Wrap On Actors’ Strike As Sag-aftra Reaches Agreement After 118 Days
  • Big Chance Of Big Strike By Big Purp
  • The Amazon Verdict – A Landmark In Protecting Disabled Employees In The Workplace

November 8, 2023

  • Las Vegas Casinos Roll The Dice On Hospitality Worker Unions’ Patience
  • Don’t Mess With Cemex: NLRB General Counsel Issues Guidance After Historic Decision
  • Federal Government Overpays Teamsters Pension Fund In Bailout Money
  • Starbucks Once Again Challenging The NLRB
  • Happy Veterans Day, Especially To All Those Who Served Our Country

November 2, 2023

  • Nlrb And Osha Team Up To Enforce Health And Safety Protections For Workers
  • Pharmacy Workers Stage Three-day Walkout To Draw Attention To Unsafe Staffing Shortages
  • The White House’s Executive Order On Artificial Intelligence

October 26, 2023

  • Ford And Uaw Reach Tentative Deal To End 41 Days Of Intermittent Strikes
  • Board Delivers Highly Anticipated Final Rule On Determining Joint-employer Status
  • Fresh Union Busters Of Bel-air: Ninth Circuit Holds L.A. Hotel Illegally Refused To Re-hire Unionized Workers
  • Amazon Asked To Deliver Proposal On How To Decide Which Of 500,000 Pages Of Documents Are Legitimately Confidential
  • Starbucks In Another Round Of Litigation

October 20, 2023

  • Federal Idr Process
  • Medical Provider Cannot Sue On Behalf Of Participant Under Erisa
  • Irs And Treasury Priority Guidance May Not Align With Benefits Community Expectations
  • A Few Reminders(based On Calendar-year Plans)

October 12, 2023

  • Largest Health Care Industry Strike In Us History Has Ended – For The Time Being
  • EEOC Releases Proposed Guidance On Workplace Harassment Which Would Be The First Change In 20 Years
  • Starbucks Gets Burned By Subpoena & Olms Probe

September 24, 2023

  • Writers to Ink Deal With Production Companies, End 146-Day Strike
  • Raises For Me But Not For Thee: NLRB Judge Holds That STARBUCKS Illegally Increased Wages And Benefits Only For Non-Union Workers
  • Starbucks Continues To Lose At The Board

September 28, 2023

  • “Sincerity” Is “Exceedingly Amorphous” Says Southern District In Granting Plaintiffs Summary Judgment For Religious Accommodation
  • Massachusetts Cannabis Retailer Ordered To Bargaining Table Under New Cemex Rule
  • In Clarifying Retaliation Standard, Second Circuit Grounds Plaintiff’s Claims To A Halt

September 20, 2023

  • IRS Issues Transitional Relief To Defined Contribution Plan Sponsors With Respect To Catch-Up Contributions
  • D.C. District Court Sides With Dol On Cautionary Cryptocurrency Guidance

September 14, 2023

  • Rif Riven By Comparator Questions Must be Tried To A Jury, Not Summary Judgment
  • Governor Hochul Signs Law Banning Captive Audience Meetings
  • National Labor Relations Board Says Advocating On Behalf Of nonemployees Is Protected Concerted Activity
  • Gwynne Wilcox Confirmed For Second Term On National Labor relations Board

September 7, 2023

  • Reversing Trump Board, Biden NLRB Strictly Limits Employer Past Practice Defense For Unilateral Changes In First Or Successor Contract Negotiations
  • Court Rejects Staffing Firms’ Attack On Memo Issued By The National Labor Relations Board’s General Counsel
  • U.S. Department Of Labor Proposes Increasing Overtime Pay Threshold
  • Groundbreaking U.S. Treasury Report Highlights Global Benefits Of Unionization

August 31, 2023

  • What We Have Here Is A Failure To communicate” – Second Circuit, Butch Cassidy
  • Nlrb Cements Huge Win For Labor, Paving Way To Unionization without A Formal Election
  • Cornell Students Will Have A New Source Of Caffeine
  • Nlrb Issues New Rule Clearing The Way For Quicker Union elections

August 24, 2023

  • Federal Idr Process: Friend Or Foe?
  • Irs Grants Further Relief in Connection With Required Minimum Distributions
  • Utah District Court Rejects Mental Health Parity Claim for Plan’s Denial Of Coverage For Wilderness Therapy

August 17, 2023

  • Potential strike looming for metro-north
  • Second circuit sets standards for alleging retaliation for protected categories under title vii
  • Osha finds that violent crimes on the job are subject to recordkeeping
  • Doctors seek unionization amid wave of health-care mergers

August 10, 2023

  • National labor relations board orders reluctant employers to bargaining tables, setting schedules and requiring progress reports
  • Long-shot win for longshormen
  • Trader Joe’s sues union for trademark infringement

August 4, 2023

  • Sixth circuit rules shipping port operator plausibly alleged stevedores orchestrated illegal secondary boycott
  • National labor board jettisons boeing rule and revises analysis for workplace rules
  • The scope of weingarten rights in the context of counseling memorandums
  • Plumbers local union no. 1 ratifies three-year industry-wide agreement

July 27, 2023

  • Teamsters, UPS, and the nation’s economy dodge a bullet as contract is settled
  • Dollar general deployed a “rapid response team” to commit a series of unfair labor practices in face of union organizing
    campaign, ALJ finds
  • Starbucks’ pittsburgh unfair labor practices partially resolved
  • The haves and the have nots: NLRB rules trucking company can increase wages to nonunion workers while putting a condition on the increase to unionized workers

July 24, 2023

  • Questions abound over roth catch up contributions
  • PBM scrutiny underway in congress and at federal trade commission
  • Recommended tips for conducting diligent searches for missing participants
  • Judge dissolves two forty-year-old consent decrees

April 27, 2023

  • NLRB floods noah’s ark processors with a broad remedial order
  • Historic rutgers faculty strike leads to tentative “framework deal” with potential to become a gamechanger for higher education
  • XFL players spike on unionizing
  • Applications for NYS AFL-CIO union L.E.A.D. Scholarship due june 1st

March 9, 2023

  • D.C. circuit sinks 2021 board decision for “want of reasoned decision making”
  • It’s not just coffee, it’s starbucks’ union busting NLRB administrative law judge finds
  • D.C. district court applies appeals’ court trilogy to limit withdrawal liability
  • State perb finds court system violated taylor law by failing to negotiate the unilateral implementation of its vaccine and testing mandate policies

February 3, 2023

  • Supreme Court Considers Raising The Burden For Denying Religious Accommodation Requests
  • “I Speak For Everyone When I Say” Third Circuit Court Of Appeals Adopts Proxy Liability For Title VII Sexual Harassment Cases
  • Ninth Circuit Upholds Biden’s Firing Of Former NLRB General Counsel

January 5, 2023

  • NLRB Finds That New York Hospital Unlawfully Fired Nurse Who Left Surgery
  • President Biden Signs Omnibus Spending Bill Including Major Changes To Retirement Plans
  • National Labor Relations Board Cheers Funding Increase

December 30, 2022

  • Front-Line Nurses In 12 NYC Healthcare Facilities Authorize Union To Stike Beginning Next Week
  • NLRB Loosens The Access Standard For Off-Duty Employees Of Onsite Contractors
  • Ring Out The Old And Bring Back Johnnies’ Poultry

December 21, 2022

  • DOL Proposes Improvements To Its Voluntary Fiduciary Correction Program
  • PBGC Approves Sfa Applications For Central States Plan & Iron Workers Local 17 Pension Fund
  • DOL Annnounces Final Rule Regarding Consideration of Esg Factors

December 15, 2022

  • NLRB Revives Micro-units For Union Organizing
  • Adult Survivors Act Creates One-year Window Of Opportunity To Bring Bygone Sexual Assault Claims
  • Whole Means Whole: NLRB Makes Explicit Its Approach To Make-whole Relief For Employers’ Unfair Labor Practices
  • Recession, Reorganization And Labor-Will The FTC And Doj Join With NLRB As Players?

December 8, 2022

  • Strike Averted But Did Biden’s “Pro-Union” Train Leave The Station Without The Unions Or Avoid A Train Wreck?
  • Second Circuit Sends Retiree Benefits Dispute To Arbitration
  • NLRB Deletes T-Mobile’s T-Voice

December 1, 2022

  • Court Grants And Blocks Delivery Of 10(J) Relief Against Amazon In Union Organizing Campaign
  • The Empire State Takes Aim At Retaliatory Absence Policies
  • Connecticut’s Captive Audience Law Challenged In Lawsuit
  • NLRB Extends Time For Submission Of Comments Related To New, Proposed Rules On Representation

November 22, 2022

  • President Biden Appoints New Pbgc Advisory Council Members
  • PBGC Continues To Provide Guidance Regarding Its Special Financial Assistance Program Application Process
  • 2023 Retirement-related Cost-of-living Adjustments Announced
  • In Private Letter Ruling Irs Waives Ira 60-day Rollover Requirement For An Individual

November 17, 2022

  • Cuny’s Internal Sexual Harassment Investigation gives Rise To ‘stigma Plus” Due Process Claim
  • PBGC Extends Comment Period For Proposed Rule On Calculating Withdrawal Liability
  • Grievances Belong To The Union
  • New Regional Director For Brooklyn Nlrb Region 29

November 9, 2022

  • Petty Slights And Trivial Inconveniences: Age Discrimination Claim By Nypd Lieutenant Tossed By First Department
  • Nlrb Proposes Returning To Pre-trump Blocking Charge And Voluntary Recognition Policies
  • Ninth Circuit Court Of Appeals Finds That Workers Should Be Compensated For Time Spent Booting Up Computers
  • Happy Veterans Day, Especially To All Those Who Served Our Country

November 3, 2022

  • NLRB preserves pro-business standard in the war over workplace emails
  • NLRB updates test for mail-in ballot elections in accordance with CDC tracking metrics
  • NYS supreme court invalidates city’s vaccine mandate for public employees
  • New workplace obligations:reminders regarding rederal, state, and city laws

October 27, 2022

  • “Smart” union hit with $283,000 aiding and abetting decision
  • NLRB issues new guidance on 10(j) injunctions
  • First the unions, now the shareholders: major companies face blowback from shareholders over their handling of labor disputes
  • EEOC gets digitally serious about workplace discrimination and harassment

October 19, 2022

  • PBGC proposes rule superceding federal courts by prescribing interest rate assumptions for calculating withdrawal liability
  • Rhode island retirement plan is not a church plan
  • DOL sues architecture firm for losing millions in plan assets

October 13, 2022

  • Nyc office of collective bargaining finds city Violated labor law by failing to negotiate the policies and procedures that implemented the vaccine mandate
  • EEOC guidance on sexual orientation and gender identity discrimination enjoined and deemed unlawful
  • Biden board pushes back against weakening of rule preserving status QUO post contract
  • DOL Proposes scrapping trump administartions’s independent contractor rule and returning to “TOTALITY-OF-THE-CIRCUMSTANCES” for classifying independent contractors

September 30, 2022

  • Split Board Orders employer to produce some but not all schedules to asset sale agreement
  • Pitta LLP who has decades of experience in representing labor unions in our nation’s capital and throughout the United States

September 29, 2022

  • City eliminates private employer vaccine mandate
  • State supreme court rules NYPD vaccine mandate invalid, city appeals but complies
  • Department of Labor revises reporting rules for employers
  • New york city council considering bill limiting home health aide hours
  • Biden names new regional director for NLRB, Region 2
  • Guest article*

September 22, 2022

  • Second Circuit Justifies Scope Of Audit In Nurse Fringe Benefit Fund Case
  • Lawsuits Involving Northern Trust Target Date Funds
  • Surprise Billing Final Rules And Faqs

September 13, 2022

  • NLRB proposes new “JOINT-EMPLOYER STATUS” standard
  • NLRB buttons up standard for employer bans on union apparel
  • Oath administrative law judge making waves for city by ruling that SI ferry boat captains are owed prevailing wages

September 1, 2022

  • Second circuit upholds win for new york city transit authority and Manhattan and Bronx surface transit authority
  • Second circuit throws complaint under the bus: school bus driver’s criticism about reporting protocols held to be unprotected speech
  • COVID-19 actions get failing grade: NLRB finds college’s pandemic-related decisions breached the duty to bargain
  • The airing of dirty laundry: NLRB seeks to reverse affects of former number’s failure to disclose financial entanglements

August 25, 2022

  • Drip, drip, drip: starbucks loses again at the nlrb and goes offensive.
  • Democratic member panel of nlrb issues bargaining order against “hallmark” anti-union organizing violations
  • Railway strike on the horizon?

August 18, 2022

  • Irs extends deadline for non-governmental qualified plans to adopt certain changes under the secure act, miners act and cares act.
  • The bear market’s effect on pension plans
  • Biden administration issues strong reminder regarding contraceptive care through faqs
  • Hhs issues proposed rule intended to strengthen aca section 1557 nondiscrimination protections

August 10, 2022

  • U.S. rail carriers face a national strike
  • NLRB imposes aggressive remedies on repeat violator
  • Cannabis lawful? SDNY sends up smoke

August 5, 2022

  • The joint employer saga continues: D.C. circuit reverses trump NLRB orders in browning-ferris
  • Union liability for RICO extortion wins limited new life in third circuit
  • Court upholds perb finding that teachers’ “sick out” violated the Taylor law’s anti-strike provision
  • One hand washing the other: NLRB and DOJ enter into an agreement to protect workers’ rights

July 27, 2022

  • EEOC Updates Guidance On Employer Responses To COVID-19
  • Third Circuit Court Of Appeals Upholds Unions’ Right To Keep Dues Paid Pre-Janus
  • Union Petitions Rise Dramatically

July 21, 2022

  • Pension plan bailout final rule examined
  • DC circuit joins sixth circuit limiting permissible methods for calculating withdrawal liability
  • House ways and means chairman pens letter to gao seeking answers to risks associated with cryptocurrencies

July 13, 2022

  • PBGC issues final rule to rescue distressed multiemployer pension plans
  • DOL issues statement protecting women’s reproductive health decisions post dobbs
  • NLRB general counsel looks to eliminate captive audience meetings, raises republican ire

July 6, 2022

  • Scotus permits texas to be sued for employment discrimination under userra
  • Scotus declines ny healthcare workers request to challenge vaccine mandate
  • Federal district court gives arbitration award probative effect in granting summary judgment against federal, state and city harassment, discrimination and retaliation claims

June 29, 2022

  • Scotus overrules Roe V. Wade
  • Supreme Court shoots down New York gun regulation
  • Now what to do?

June 23, 2022

  • Split second circuit narrowly applies NYC Anti-Harassment retaliation rules
  • NLRB rules that petitions to remove unions may be blocked based on merits of NLRB charges
  • First apple store falls from the tree, voting for union representation
  • D.C circuit expands scope of title VII

June 16, 2022

  • IRS rolls out new pre-audit pilot program
  • Proposed retirement protection legislation
  • DOL’s anti-crypto guidance faces legal challenge
  • IRS further extends relief from physical presence requirement in response to covid-19
  • A few reminders(Based on calendar-year plans)

June 9, 2022

  • The second circuit rejects Connecticut police union’s challenge to police transparency law
  • Crypto strikes back-lawsuit challenges DOL criticism of cryptocurrency investments in 401(k) plans
  • Electronic posting required by NLRB due to covid-19 related closures
  • New York city comptroller promulgates preliminary prevailing wage rate schedules for 2022-2023

June 2, 2022

  • Scotus Upends Arbitration Split With steely Double-edged Sword
  • Honoring Mental Health Awareness Month – Dol Issues Guidance for Job-protected Leave To Treat Serious Mental Health conditions Under Fmla
  • Amazon on the other side of a prime delivery – nlrb regional director suggests settling unfair labor practices or face a labor complaint

May 26, 2022

  • Third circuit reverses NLRB over “SALT MINE” tweet
  • United states Women’s National Soccer team finally achieves pay equity
  • New York state sues amazon over mistreatment of disabled workers

May 20, 2022

  • Preventing and mitigating fraud in pension and health and welfare funds
  • Erisa advisory council votes to tackle cyber-risks in 2022
  • Is the department of labor’s anti-crypto guidance foreshadowing of a regulatory change?

May 11, 2022

  • The second circuit affirms reduction of contribution rates for nys retiree health insurance
  • Order up: NLRB regional director serves complaint against starbucks alleging unfair labor practices in buffalo
  • NYS attorney general reaches settlement with marriot marquis regarding severance pay
  • Put your money where your mouth is: U.S. house of representatives votes for staffers’ right to unionization
  • Reminder: NYC employer notice to employees of electronic monitoring is in effect

May 6, 2022

  • Judge rakoff upholds painters’ lawful free speech over non-union contractor’s claims of secondary pressure
  • Amazon can test sorters for Cannabis under nyc law
  • Shortly after historic win, Amazon union suffers defeat at second location
  • New york presbyterian hospital finally agrees to partcipate in program for long term victims of 9-11
  • First circuit court of appeals upholds massachusetts hospital system vax mandate

April 28, 2022

  • Biden’s Robb removal upheld by court of appeals
  • McDonald’s saves NLRB settlement
  • NYC amends (and delays effective date of) salary disclosure law for job, promotion, and transfer advertisements
  • Appeals court flags contractor for failing to pay safety laborers prevailing wage and benefit rates

April 21, 2022

  • The ERISA advisory council has a new member – Marcelle J. Henry
  • Are retirement plans ready to invest in cryptocurrencies?
  • DOL prohibited transaction exemption 2020-02 and related guidance triggers lawsuits
  • A few reminders

April 12, 2022

  • NYS law requiring employee handbooks to state “Reproductive Decision Making” rights and remedies violates 1st amendment freedom of religion
  • Third circuit limits arbitrability of post contract claims
  • Federal appellate court rejects challenge to federal employee vaccine mandate
  • Recent rise in union-related activity with the NLRB while budgetary resources remain stagnant
  • Andrew to the rescue – tapped to be staff counsel, NLRB
  • Happy Easter, Happy Passover

April 07, 2022

  • Scotus Limits Federal Jurisdiction Over Faa Arbitration
  • Federal Court Denies Nyc Hotel Industry’s Challenge To Nyc Hotel Workers Severance Law
  • Organizing Campaigns Gain Steam With Successes In Unionizing Corporate Giants

March 30, 2022

  • Scotus Sinks Navy Seals’ Covid-19 Religious Exemption Appeal
  • U.S. Dol Seeks To Bring Home The “davis” Bacon For Federally Funded Construction Projects
  • Georgia Federal Court Rules Hospital May Have Violated Ada When It Rescinded A Job Offer After Learning Applicant Is Hiv Positive

March 22, 2022

  • Covid-19 No Longer Designated As A “Serious Risk Of Harm To The Public Health” Under The NY Hero Act
  • Scotus Continues To Turn Away Covid Religious Exemption Appeals
  • More Bricks In The Wall: Federal Court Strikes Down Another Challenge To A Covid-Related Mandates
  • Light Pleading Requirements Lift National Origin Claims Against Law Firm, But Partner Slips Away
  • NLRB Confirms That Starbucks Is Precluded From Submitting Evidence At Pre-Election Hearings In Support Of Its Position That Single-Store Bargaining Units Are Inappropriate

March 17, 2022

  • DOL announces the availability of millions of dollars for registered apprenticeship programs
  • Multiemployer plans in an on-going pandemic environment
  • DOL responds to court decision invalidating certain portions of the “no surprises act” interim final rule
  • A few reminders

March 10, 2022

  • Federal courts prove positive on covid discrimination claims
  • Second circuit reverses district court’s denial of pba’s motion to intervene in summer 2020 protest litigation
  • Mayor Adams ends most key to nyc requirements

March 03, 2022

  • Nyc mayor signals eased restrictions for nyc vaccine passport but not employee vax mandate
  • Scotus nominee jackson brings a record of respect for collective bargaining to the court
  • Women tally a decisive victory in their bid to bring pay equity to soccer
  • Restaurant advocacy organization fails in attempts to “tip” over u.s. dol final rule for hospitality employees

February 24, 2022

  • Nothing lasts forever: n.y. court of appeals finds against retirees effort to stop the raising of medical insurance premiums
  • Ongoing saga involving vaccine mandate: new york city teachers renew request to scotus For Injunctive Relief To Stop Looming Terminations
  • Vaccination discrimination and due process claims Against New York City And Several City Agencies Dismissed
  • Nlrb makes new appointments to regional Offices In Manhattan And Cleveland

February 16, 2022

  • No Love In The Air For Municipal Workers Terminated On Valentine’s Day
  • Congress Passes Landmark “Me-Too” Legislation
  • Biden Administration Requires Healthcare Protections For LGBTQI+ Community
  • Sexual Harassment Vs. Alcoholism – The Third Circuit Says HR Got It Right

February 09, 2022

  • Governor Hochul Ends Mask Mandate For Most Businesses
  • The Trouble With TIBBLE – Supreme Court Vacates HUGHES V. NORTHWESTERN UNIV., Raises Standard For Fiduciary Predence
  • Scotus Candidate Judge Jackson Vacates Trump Rule To Limit Federal Worker Bargaining Rights
  • Leveling The Court System’s Vaccine Playing Field
  • Onward And Upward Pitta LLP

February 01, 2022

  • Sex, lies and a racy text message land bank in harassment/retaliation trial
  • COVID-19 updates
  • Retaliation & Conspiracy claims dismissed against state court system employer & Chief Judge DiFiore

January 26, 2022

  • Courts block and unblock NYS mask mandate
  • Scotus denies retirees challenge of pension plan takeover
  • Biden administration abandons vaccine or test mandate for larger businesses

January 19, 2022

  • Third circuit limits RICO anti-union threat
  • NYS indoor masking policy extended through February 1, 2022
  • White house launches new website where Americans can request free covid-19 tests beginning January 19, 2022
  • EBSA publishes new rules on pooled employer plans and annual reporting requirements
  • Onward and upward Carlos Beato

January 12, 2022

  • Ring out the old as NLRB invites more briefs to reconsider trump board decisions
  • Dol kills t-1 at year end for 2022, lm-2 remains primary union report
  • As the clock struck midnight: Three uniformed city unions make deals with the outgoing administration
  • Tag team action: Federal agencies join forces to enforce workers’ rights
  • Celebrating the life and legacy of rev. Dr. Martin Luther King, jr.

January 05, 2022

  • The three AMICI – NLRB invites briefs to reconsider trump era standards for damages and organizing
  • DOL settlement with amazon makes it easier for unions to organize
  • Final rule on electronic disclosures saves time and money, says DOL

December 21, 2021

  • Sixth circuit upholds osha large employer vaccination mandate, Dissolves fifth circuit stay nationwide
  • New york city publishes guidance for sweeping covid-19 vaccine mandate effective december 27, 2021
  • Eeoc issues new technical guidance for covid-19 as a disability
  • New york state supreme court orders new york city to delay implementation of medicare health care plan switch until april 1

December 15, 2021

  • New York State Super All Mask Or All Vax Mandate Begins
  • U.S. Supreme Court Will Not Hear Challenge To New York State Health Care Worker Vax Mandate
  • Third Circuit Clarifies Procedures And Pitfalls In Action To Vacate A Labor Arbitration Award
  • In A First, A Starbucks Shop Votes To Unionize
  • New York City Council Passes Legislation Seeking To Prevent Bias In Automated Employment Decision Tools

December 08, 2021

  • Stays In Louisiana And Georgia District Courts Stiruncertainty In The Ever-changing Landscape Of Covid-19 Vaccine Mandate Litigation
  • Outgoing Mayor De Blasio Calls For First In-the-nation covid-19 Vaccine Mandate For Private Companies
  • Hipaa And Privacy Barriers To personal Covid-19 Vaccination Information
  • Regulatory Norms Face Challenges Now And In the Future Due To Vaccine Mandate Litigation

December 01, 2021

  • Second Circuit Recognizes A “Church Of One” Exemption In NYC Covid Vaccination Case
  • President Biden Boosts Pay For More Than 327,000 Workers To $15 Per Hour
  • IRS Issues New Faqs Regarding Rehiring Retirees And In-Service Distributions
  • NLRB Orders Second Union Election For Amazon Warehouse Workers In Alabama

November 23, 2021

  • Osha Strikes Back – Petitions Sixth Circuit To Lift Fifth Circuit Stay Of Emergency Vaccination Mandate
  • Eeoc Offers Guidance On Preventing Covid Related Retaliation
  • After Cybersecurity, Dol Focuses On Cross-Selling
  • New York State Passes Automatic Ira Law
  • Thanksgiving Message

November 19, 2021

  • Fifth Circuit Extends Stay Of Osha Mandatory Vaccination Standard, Cases Move To Sixth Circuit Now
  • Duty To Bargain Not Stayed By Osha Rule Or Covid Litigation
  • Chicago Police Union Scores Two Wins In Its Fight Against The Citywide Vaccine Mandate
  • It Takes A Village: New York State Recognizes “siblings” In Its Coverage For Paid Family Leave

November 10, 2021

  • Promises Made, Promises Kept – President Biden To Sign BI-Partisan, Labor Friendly $1.2 Trillion National Infrastructure Bill
  • DOL Announces Additional Transition Relief For Prohibited Transaction Exemption 2020-02
  • EEOC Provides Covid Religious Exemption Safe Harbor Form
  • Governor Hochul Signs Law That Requires NY Private Employers To Notify Workers Of Email & Telephone Monitoring
  • Happy Veterans Day, Especially To All Those Who Served Our Country

November 03, 2021

  • Scotus Declines To Stay Maine’s Must-Vaccinate Mandate Lacking Religious Exemption
  • Red States Strike Back, Sue Biden Administration Over Vax Mandates
  • United’s COVID Skies Unfriendly To The UnVaccinated
  • Newly Emboldened Workers Turn October Into #STRIKETOBER
  • Second Circuit Clears Path For Biden To Undo Trump Joint Employer Regulations

October 28, 2021

  • Holding The Line: U.S. Supreme Courts Rejects Challenges To Qualified Immunity
  • EEOC Updates Covid-19 Technical Assistance In Light Of Increased Employer Vaccination Mandates
  • NLRB Appoints Five Regional Directors
  • Department Of Labor Proposal Amends Investment Duties Regulation Under Erisa

October 21, 2021

  • Second Circuit Emphatically Affirms Covid Mandates
  • Albany State Supreme Court Upholds Court Covid Mandates
  • Flash Point – First Amendment, Fair Representation And Rule Of Law Clash In Illinois Lawsuit

October 14, 2021

  • Federal Judge Enjoins State Health Care Vax Mandate Lacking Religious Accommodation
  • Summary Judgment Granted To Airline Over Nyc Paid Sick Leave Law
  • Irs Issues Supplemental Guidance On Extension Of Cobra Election And Payment Deadlines

October 7, 2021

  • Sotomayor Shuts Down Emergency Appeal: Nyc Doe Is Allowed To Enforce Its Vaccination Mandate
  • District Council 37 Reaches A Deal With New York City Doe Regarding Its Vaccine Mandate
  • The Nlrb Signals It May Revisit The Employee Status Issue For College Athletes
  • Labor Community Mourns The Passing Of Hispanic Labor Leader Ed Vargas

September 30, 2021

  • Covid-19 Vaccine Worker Mandates Across All Levels Of Government Cause Rush To Litigation
  • Second Circuit Court Vacates Injunction Against Covid-19 Vaccine Mandate – New York City Department Of Education Mandate Goes Into Effect On October 1, 2021
  • State Supreme Court Postpones Covid-19 Vaccine Mandate For Court Workers
  • White House Releases Covid-19 Vaccine Guidance For Federal Contractors – Workers Must Be Vaccinated By December 8
  • Biden Dol Issues Final Tip Theft Rule That Expands The Power To Fine Businesses
  • Mental Health Parity Law Violations May Finally Carry Civil Penalties

September 24, 2021

  • Covid Orders And Court Tros In Play As Legal Proceedings Mutate
  • NLRB General Counsel Announces Intent To Seek “Complete Relief” In Remedies
  • Evade Or Avoid Withdrawal Liability Need Only Be One Principal Purpose In A Transaction To Void It Says Third Circuit

September 15, 2021

  • Administration Imposes Sweeping Vaccine Mandate On Federal Workers And Large Employers
  • Unions And Tyson Foods Agree On Paid Sick Leave For COVID-19 Vaccinated Workers
  • NY Hero Act: Takeaways From Governor Hochul’s Recent COVID-19 Designation
  • Notice Of Expiration Of Cobra Premium Assistance
  • Warning! The “Key To NYC” Program Has Turned To Enforcement

September 9, 2021

  • Union Fails Standing In Covid Protection Litigation
  • Third Circuit Court Of Appeals Upholds Deference To Arbitration
  • Surcharges In The Time Of The Covid-19
  • Federal Unemployment Benefits Expire For 7.5 Million Americans
  • Remembering 9/11

September 2, 2021

  • Dc Circuit Bars Trump Board Access Rule As Arbitrary
  • The Board’s Rx For Relief In Unfair Labor Practice Cases May Soon Go Extra Strength
  • Chicago Afl-Cio Opposes Vaccine Mandates

August 26, 2021

  • Second Circuit Approves Trump Board’s “Contract Coverage” Standard Easing Unilateral Employer Changes
  • Third Circuit Revives Class Action Interpreting Userra In Favor Of Servicemembers
  • Afl-Cio Elects Liz Shuler President – Shattering Labor’s Glass Ceiling

August 19, 2021

  • Nyc Requires Individuals To Display Proof Of Vaccination To Participate In Certain Indoor Activities
  • Board General Counsel Issues Memorandum Detailing Priorities Including A Roadmap To Undo Many Trump Era Cases
  • Irs Issues Supplemental Guidance On Cobra Premium Assistance
  • While You Were Looking Elsewhere, Scotus May Have Just Upheld Mandatory Vaccinations
  • Mayor De Blasio Signs Labor Peace Agreement Legislation For Human Services Contractors
  • Osha Issues New Covid-19 Guidance

August 11, 2021

  • NLRB Allows the Rwdsu To Take Another Swing At Amazon
  • National Infrastructure Bill Closer To Reality After United States Senate Passes Bipartisan Bill
  • Nyc Law Regulating Use And Collection of Customer Biometric Information In Effect, Along With Millions Of Dollars In Potential Liability

May 13, 2021

  • Court Of Appeals Strikes Down Trump Board Secondary Picketing Decision As A Stretch Too Far
  • Singing A Different Time: NLRB Acting General Counsel Reverses Course On GAG Orders
  • Governor Cuomo Signs HERO Act Offering Greater Workplace Covid Protection

May 3, 2021

  • National Labor Relations Board Defers President Biden’s General Counsel Appointment to the Courts
  • Biden Administration Cancels Trump Era Gig-Worker Rule
  • Teamsters Prevail in Lawsuit Challenging California’s Abc Classification Law for Independent Contractors
  • New Pot Law in New York Creates Legal Ambiguities for Workers

April 28, 2021

  • New York Courts Dismiss Defamation Claims By Alleged Sexual Harassers
  • Two Steps Forward, One Step Back: Unionization Efforts Continue With Mixed Results
  • A Closer Look At The Multiemployer Pension Plan Relief Under Arpa

April 20, 2021

  • Right And Wrong Along A Black And Blue Line
  • SDNY Invalidates Trump Campaign Non-Disclosure And Non-Disparagement Contract Provisions
  • Continuation Of Cobra Subsidies – Employers Scramble To Apprise Workers
  • Stop The Steal: Department Of Labor Issues Guidance To Halt Fraudlent Unemployment Insurance Payments

April 13, 2021

  • Unions Do Not Find A Sweet Home In Alabama
  • New York State Budget Includes First Of Its Kind Renewable Energy Job Standards
  • Biden Department Of Labor Ends Trump Era Rule Limiting Double Damages In Wage Cases
  • Biden Nominates New Head To Lead Osha

April 8, 2021

  • Dol Issues Cobra Premium Assistance Model Notices
  • Jersey Courts Strike Down State Statute Prohibting Employment Discrimination Claims Going to Arbitration
  • Play Ball – Sdny Throws out Umpire Claiming Title Vii Foul
  • Court Grants Amazon Employee’s Request to Add a New Wage And Hour Claim for Pre-shift Covid-19 Related Screenings

April 2, 2021

  • U.S. District Court Rules Hospital Lawfully Terminated Pregnant Employee Refusing Flu Shot
  • Senate Passes Extension To Paycheck Protection Program – Deadline Now May 31, 2021
  • Department Of Labor Presents New Rule For Tipped Wages After Calling Pause On Trump Era Proposed Rule
  • Garden State Guidance – New Jersey Issues Vaccination Rules

March 23, 2021

  • Third Circuit Upholds Discharge Of Bny Mellon Employee For Social Media Post Praising Violence
  • Second Circuit: Employment Agreement Arbitration Clause Does Not Extend To Erisa Third-party Plan Fiduciary
  • One Year Into Covid-19 Pandemic Union Wage Increases Are Sluggish
  • Reminder – New Round Of Paycheck Protection Program Funds Available – Unions And Some Employee Benefit Plans May Be Eligible – Deadline March 31, 2021
  • United States Senate Confirms Boston Mayor Marty Walsh As Secretary Of Labor

March 19, 2021

  • Reminder – New Round Of Paycheck Protection Program Funds Available – Unions And Some Employee Benefit Plans May Be Eligible – Deadline March 31, 2021
  • Osha Inspections And Nys Leave Aim To Stem Covid-19
  • Appellate Court Approves Mandatory Retrement For New York State Judges
  • Original Sin – J & J Vaccine Variant Raises Religious Objection

March 9, 2021

  • Tale Of Two Felons
  • Right To Work Laws – The Battle Continues In The States
  • The “Fight For Fifteen” Rages On: New Study Shows There Is No Monster Under The Bed

March 3, 2021

  • U.S. District Judge Broadly Answers How Broad Can Labor Arbitration Go?
  • United States Supreme Court Rejects Amazon Driver’s Last Mile Arbitration Dispute
  • Biden Department Of Labor Renews Focus On Wage Enforcement For Government Contractors
  • Biden Labor Department Extends Jobless Benefits To Workers Refusing Unsafe Work
  • Biden Eliminates Trump Era Apprenticeship Program

February 23, 2021

  • When Is CBS Not CBS? When It Is Not A Single-Employer
  • Biden Administration At EEOC Continues Dismantling Trump ERA Rules
  • Department Of Labor Reverses Trump GIG Worker Guidance
  • DC Circuit Reminds NLRB Who’s Boss

February 18, 2021

  • Amazon vs. Wonder Woman-Pressure Mounts in Battle Over Workers’ RightsWORKERS’ RIGHTS
  • Bloomberg Not “Employer” Under Nyc Human Rights Law
  • The Democratically-Controlled Congress Advances President Biden’s Pro-Worker Legislation
  • Breaking News-Biden Nominates Abruzzo As Nlrb General Counsel, But Beware Robb’s Revenge

February 09, 2021

  • Democratic Majorities in the U.S. Senate and House Of Representatives Introduce National Paid Family and Medical Leave
  • For next Seven Weeks Workers in Alabama Will Vote on Whether to Become the First Amazon American Workers to Unionize
  • Timing Is Everything in Two Second Circuit Decisions

February 04, 2021

  • Biden’s Acting General Counsel OHR Brings Immediate Change To NLRB
  • Trump Board Panel Protects Wildcat Strikers This Time, Notes Possible Change In Future Cases
  • Biden Administration Orders Broader Bargaining And Protections For Federal Workers
  • Post-Covid-19 Emerging Issues: New Proposed Changes To Workplace Privacy Laws

January 27, 2021

  • Decisive Biden Administration Actions Immediately Impact Labor And Employment
  • New York State Building And Trades Council Endorses State Legislation Designed To Protect Workers During Covid-19 Pandemic
  • Other New Governmental Measures Undertaken To Implement Covid-19 Workplace Safety Standards

January 20, 2021

  • Wishing Success To Our New President And Vice President
  • As Federal Covid-19 Paid Sick Leave Ends, New York Paid Sick Leave Steps In
  • Departing Trump Eeoc Releases Final Rule On ‘conciliating’ Bias Claims
  • 2021 Cola Increases For Dollar Limitations On Qualified Retirement Plans
  • Qualified Retirement Plan Limits
  • Commemorating Dr. Martin Luther King Jr. Day

January 13, 2021

  • Challenge To New Nassau County Superior Officers’ Labor Contract Dismissed
  • New York City Adds Just Cause Protection For Fast Food Workers
  • In Big Win For Building Trades, Biden Nominates Marty Walsh For Labor Secretary

January 07,2021

  • Trump Department of Labor Issues Final Rule on Independent Contractor Status
  • Sag-aftra Health Plan Facing Legal Challenges Due To “Draconian” Benefits Cuts
  • Renowned Hotel Compelled To Proceed To Arbitration Regarding Fund Contribution Dispute
  • Change And Independent Monitor Come To The UAW

December 30, 2020

  • Lame Duck Trump Administration Rushes Rules, Rulings, And Retribution In Eleventh Hour
  • No Way You Stay Free Speech – U.S. District Court Enjoins Anti-diversity Order

December 22, 2020

  • Covid-19 Vaccinations-staying Healthy, And Immune from Discrimination Law Liability
  • Second Circuit Cabins Fiduciary Liability For Service Providers Acting under Contract
  • Second Circuit Reaffirms Deference to Labor Arbitration
  • Machinists Name New General Counsel
  • Merry Christmas!

December 15, 2020

  • End Of Year Reminders And New Changes For 2021
  • Trump EEOC Offers “pass Jail” Cards To Employers
  • PBGC Says That Multiemployer Program Projected To Be Insolvent In FY 2026; Single-employer Program Improves
  • Happy Chanukah

December 08, 2020

  • For God And Country-EEOC Issues Updated Compliance Manual On Religious Discrimination
  • Spate Of Litigation Alleges New Causes Of Action To Combat Unsafe Working Conditions Related To Covid-19

December 02, 2020

  • Grapes Of Wrath? Scotus To Review Union Access To Farm Workers
  • First Circuit Court Of Appeals Places Limits On Qualified Immunity Doctrine
  • EEOC Ending Nearly Half Century Old Case Against Iron Workers Local 580

November 23, 2020

  • Public Sector Unions Lose FED Challenge to Benefit Cuts
  • NLRB Tells Paving Co. IT can’t Shift Union Member Work Without Bargaining
  • OSHA Says that Cloth Masks are not PPE
  • Stephen Mc Quade Joins Pitta LLP
  • Thanksgiving Message

November 18, 2020

  • D.C. Circuit Subjects Board Unit Determinations To Strict Scrutiny, Invalidating Two Elections Won By Union
  • New Jersey And California Take Polar Opposite Paths On Gig Economy Law
  • Bruce Cooper Retiring From Pitta LLP

November 10, 2020

  • Congratulations To Joe Biden And Kamala Harris – What Labor, Employees And Employers May Now Expect
  • DC District Court Upholds City Law Cutting Police CBA Disciplinary Protections
  • US Doj Asks Second Circuit To Restore Trump Administration’s Joint-employer Test
  • Veteran’s Day 2020

November 5, 2020

  • Delay In Presidential Election Results Leaves Legislation And Policy Decisions In Limbo
  • National Labor Relations Board Will Determine The Fate Of “The Rat”
  • Employers Sue To Prevent New Jersey’s New Severance Law From Taking Effect
  • Appointee Resigns Over Trump’s Cancellation Of Civil Service Job Protections
  • Comcast And Other Cable Contractor Agree To Pay $1.85 Million To Workers For Failing To Pay Minimum Wage And Overtime

October 27, 2020

  • Federal Court Rejects Nlrb Bid To Strike Down Oregon Anti-captive Audience Law
  • Trump Threatens Contractors On Anti-bias Training – OFCCP Seeks Support By Dec. 1, 2020 – Business And Nonprofits Push Back
  • Scotus Signals Interest In Hearing Erisa Case
  • Osha Debunks N95 Misinformation And Declares The Masks Very Effective Against Covid-19
  • Senate Majority Confirms Justice Barrett To Scotus

October 21, 2020

  • New York’s Election Day Rules
  • NLRB Continues To Halt Vote By Mail Elections
  • NLRB Polices Workplace Etiquette
  • PBGC Premium Increase For Multiemployer Plans

October 14, 2020

  • Fifth Circuit Joins The Sixth Circuit In Applying The “Salary Basis” Test To Determine Whether A Worker Is Overtime Exempt
  • Democrats Continue Attack On Dol’s Gig Worker Proposal
  • Trump Dol Faces Backlash Over Proposal To Limit Proxy Voting Power
  • Office Of Labor-Management Standards Solicits Comments For New Lm-2 Form

October 7, 2020

  • U.S. DOL Proposes Amendments To LM-2 Forms Resulting In Heavier Burdens On Unions
  • U.S. District Court Sends Withdrawal Liability Acceleration Case To Arbitrator
  • De Blasio Signs Three Bills To Protect Hotel Workers, Small Businesses, And Employee Sick Leave

September 30, 2020

  • Third Circuit Backs Union Right To Production Of Purchase agreement In Parts Relevant To Collective Bargaining
  • NLRB Calls Halt To A Mail-ballot Union Election
  • House Issued And NLRB Rejected Subpoenas To Explore NLRB Members’ Conflicts

September 23, 2020

  • America Mourns The Death Of Justice Ruth Bader Ginsburg
  • New York State Sick Leave Law Changes To Go Into Effect September 30, 2020
  • So You Thought Your Discussions With Counsel Were Privileged? Think Again
  • NJ Federal Court Case May Impact Whether Mandatory COVID-19 Health Screenings Are Compensable Under Wage And Hour Laws

September 16, 2020

  • Third Circuit Holds That Courts And Not Arbitrators Decide Whether Agreement To Arbitrate Exists, Even If Agreement Commits That Question To Arbitrator
  • Third Circuit, By 2:1 Decision, Rejects “CLAWBACK” Of Union Dues
  • The Latest Covid Consequence: Back To Work, Back To Litigation

September 9, 2020

  • NLRB Advises Employers How To Avoid Unions Under Cloak Of Covid
  • Board General Counsel Directs Regions To Issue Complaints Against Card Check Neutrality Agreements And Related Organizing
  • Federal Court Excises Parts Of Trump’s Proposed Changes To Joint Employer Rule
  • Covid Provides No Pause Of Nys October 9 Sexual Harassment Training Deadline

September 2, 2020

  • Second Circuit Grants Request For Stay In 50A Case
  • Fema Approves NY Application To Provide Additional Unemployment Payments To New Yorkers
  • California Federal Court Rules That Amazon Delivery Drivers Can Avoid Arbitration

August 27, 2020

  • NLRB Covid Advice Memos Leave Labor Coughing, Short Of Breath And Needing Ventilators
  • Court Rules Cuny Can Take “cares” Money While Adjuncts Take Walking Papers
  • Federal Court Enjoins Trump’s Anti–LGBTQ Rules

August 20, 2020

  • Law Enforcement Unions File Lawsuit Challenging NYC “diaphragm Law”
  • California Court Orders Uber And LYFT To Reclassify Drivers As Employees
  • Allegedly Funny, Frightened And Star-struck Arbitrator Not Evidently Partial In Favor Of Uber

August 13, 2020

  • New York Federal Court Voids Restrictions On Paid Leave For Workers Affected By Covid-19
  • New Osha Guidance: Masks Won’t Hurt You
  • Senate Confirms Lauren Mcferran As Sole Democrat On The Nlrb

August 05, 2020

  • Trump Board Proposes To Turn Excelsior Rule Inside Out
  • Citing Scotus In Bostock, Tenth Circuit Leads Federal Courts In Recognizing Sex Plus Age Discrimination Claims
  • Must Employees Be Paid For Time Spent Undergoing Covid-19 Screening Procedures?

March 13, 2020

  • Managing The Coronavirus For New York State Employers/Employees
  • Retirement Plan Reform: The Secure Act
  • Eighteen Attorneys General Sue To Block Long Awaited Joint Employer Rule

February 26, 2020

  • Republican Only Nlrb Final Joint Employer Rule Tightens Standard, Eliminates Obama-era Precedent
  • Appeals Court Upholds Ban On Wage Inquiry And Reliance
  • Nyc Commission On Human Rights Settles With Prada Over Racist Imagery And Imposes First Of Its Kind Restorative Justice Measures
  • Dems Pro Labor Bill Warrants Union Support, Caution, And Self-reliance

February 11, 2020

  • TWU & IAM Negotiate Top Flight Joint Agreements For Their Members Employed By American Airlines
  • District Of Columbia Circuit Court Again Rejects NLRB’S Jurisdiction Over Religious School Faculty
  • Striking Workers May Now Obtain Unemployment Benefits After Three Weeks’ Loss Of Employment

February 4, 2020

  • Second Circuit Upholds Arbitrator Award Reducing Employer Withdrawal Liability Assessment
  • NRLB To Countrywide Financial : Illegal Mandatory Arbitration Agreements Under Boeing Standard
  • Governor Cuomo Proposes Legislation Further Protecting Transit Workers From Harassment And Assault
  • New York State Budget Proposal Includes Provision To Provide Unions Access To Orientations For New Employees

January 16, 2020

  • NLRB Applies Retroactive Manifest Injustice Standard To Claw Back Union Representation
  • Censoring Employees’ Discussions Of Workplace Investigations Not A Violation Of Workers’ Rights, Says NLRB
  • National Labor Relations Board To Employers – You Can Restrict Your Employees’ Use Of E-mails
  • Federal Court Stays Implementation Of Long Sought New York State Farm Labor Law

December 19, 2019

  • NLRB Issues Final Rule Undercutting Reforms In Representation Case Procedures
  • U.S. Department Of Labor Proposal Expands Financial Disclosure And Reporting Requirements To Public Sector Labor Unions
  • Layoff Of Non-Union Members In Bargaining Unit Not Subject To First Amendment Strict Scrutiny Protection
  • D.N.J. Court Faces In Two Directions Post Janus: Upholds Union But Pans Legislation

November 27, 2019

  • NLRB Region 2 Welcomes “New” Regional Attorney
  • New Rules On Overtime Eligibility Take Effect January 1, 2020
  • NLRB Says To Defer To Arbitrators In Some “Unilateral Change” Cases
  • PBGC FY2019 Annual Report: Good News And Bad News
  • Thanksgiving Message

November 13, 2019

  • Second Circuit Affirms NLRB Ruling Protecting Fired Servers’ Emails As Protected Concerted Activity
  • NI Federal District Court Clips Care One RICO Claim Against SEIU
  • A Week Late And Plenty Of Dollars Short
  • A Veterans Day Message Good All Year

October 29, 2019

  • If You Missed The Deadline, This May Be Your Last Chance Before The Lawsuit
  • And Don’t Forget Election Day Tuesday November 5 New Leave Time Rules
  • Irs Issues Final Hardship Distribution Rules
  • Seventh Circuit Ruling: Statute Of Limitations On Withdrawal Liability Runs From The Acceleration Date
  • Nlrb Sidesteps Itself, Using Rulemaking To Reverse Controversial Graduate Student Rule
  • State Judge Freezes Alaska’s Attempt To Extend Janus, For Now

October 8, 2019

  • Trump Nlrb Rules That Nlra Protects Employer Right To Misclassify Workers As Independent Contractors
  • Nyc Issues Guidance To Protect Against Discrimination On The Basis Of Immigration And National Origin
  • Dol Final Rule Raises Ot Exemption And “highly Compensated Worker” Thresholds

September 20, 2019

  • Nlrb Further Limits Union Organizing access, Reversing Decades Old Precedent
  • The Nlrb Makes It Easier For employers To Make Unilateral Changes
  • Split Dc Circuit Enforces Obama Board “perfectly Clear Successor” Rule, Flashing “slow” For Expected Trump Board Reversal

September 5, 2019

  • Tennis Coach Wins Rematch on Dismissed Lawsuit for Discriminatory Discharge Over Alleged Sexual Harassment
  • Nlrb Broadly Prohibits Non-Employee Leafleting, Reversing Obama Era Board
  • Nlrb Limits Class Waivers

August 26, 2019

  • Harasser time is up in New York State
  • Wright line going wrong
  • New york state human rights law expanded:Discrimination based on natural hairstyles and religious attire and facial hair now prohibited

August 8, 2019

  • Complete Preemption Prevails To Defeat NYS And NYC Discrimination Claims
  • Court Of Appeals Rebuffs Federal Employee Unions’ Lawsuit Challenging Trump Executive Orders
  • National Mediation Board Seeks To Streamline Procedure For Decertification Under Railway Labor Act

July 23, 2019

  • Federal Law Preempts New York Statute Banning Mandatory Arbitration Of Sexual Harassment Claims
  • Not Only Does Scabby The Rat Symbolize Freedom To Organize – Judge Rules That Inflating Rodent During Labor Protest Is Constitutionally Protected
  • New York Moves To Close The Wage Gap
  • New York Employees May Soon Be Able To “Lien” On Their Employer’s Property For Wage And Hour Violations

July 9, 2019

  • Jettisoning Precedent, NLRB Prescribes How to Withdraw Union Recognition at Contract End Without Election

July 2, 2019

  • Business Not Usual In NY State
  • New York Now Requires Paid Leave For Voting
  • FY 2018 EBSA Enforcement Statistics

June 19, 2019

  • NLRB Invites Employers To Post “No Union Allowed” In Public Places
  • Judge Balks At Umpire’s Claim Of Union Privilege
  • Getting Wright Line Right
  • New Jersey: First State In Nation To Require Panic Buttons To Protect Hotel Workers From Harassment

June 6, 2019

  • Supreme Court Limits A Procedural Defense Available To Employers In Job Discrimination Lawsuits
  • Rats, Cats, And Snakes
  • Ring And Kaplan Ride To Rescue Of Threatening Employer; Mcferran Dissents
  • NLRB’S General Counsel’s Advice Memo: Uber Drivers Cannot Unionize
  • Farmers’ Rights To Organize Sprout Into Fruition

May 17, 2019

  • Workers Win Two When U. S. Supreme Court Denies Review Of Public Sector First Amendment Cases
  • Court Enforces NLRB Order Of Prescribed Bargaining Times And Information
  • Stop [striking] & [resume] Shop[ping]

April 25, 2019

  • State courts join in upholding union exclusive bargaining rights post janus
  • NLRB successorship pendulum swings back towards employers
  • Second circuit panel hobbles ADA plaintiffs by replacing “mixed motive” with restrictive “but for” standard

April 11, 2019

  • New York City Human Rights Commission Rolls out Online Anti-sexual Harassment Training
  • NLRB Issues Additional Advice regarding Duty Of Fair Representation
  • City Pension Actuary Miscalculates By millions, Corrections Scheduled Through 2022
  • Why Plan Drug Costs Can Rise As Rebates Do Too

March 27, 2019

  • Janus II Rebuffed – Union Not Liable For Pre-Janus I Damages
  • New Jersey Enacts New Paid Family Leave Law
  • NLRB Veers Hard Right In Applying Law To Curtail Union Effectiveness

March 14, 2019

  • More Overtime, Please! DOL Proposes New Overtime Rule
  • Ninth Circuit Rules Janus Does Not Bar Union’s Exclusive Representation Rights
  • Beck Revisited – NLRB Limits Union Chargeable Expenses
  • When Things Get Hairy: NYC Bans Discrimination Based On Hair
  • NLRB To Review 2016 Standard Regarding Its Jurisdiction Over Charter Schools

February 27, 2019

  • Labor Divided – New Battlefront: Hudson Yards
  • Appellate Court Rules That Police Body Camera Video May Be Publicly Disclosed
  • Rats! Robbed Again? Scabby Caged In Seventh Circuit For Now
  • Maintenance Of Checkoff Provision May Be Maintained

February 12, 2019

  • SCOTUS Holds “Wholly Groundless” Exception To Arbitrability Wholly Groundless
  • Building Trades Must Wrestle With Hudson Yards Developer In State Court Because Tort Claims Not Preempted By Federal Law
  • U.S. Department Of Education’s Proposed Title IX Regulations Seek To Protect Sexual Harassment Complainants And At The Same Time Give Respondents A Fair Process
  • Two “Mother’s Day” Laws Passed To Protect Nursing Mothers In The Workplace

January 31, 2019

  • National Labor Relations Board Reverses Independent Contractor Rule
  • Me-Too Means You-Too: Potential Union Liability For Steward Sexual Harassment
  • Citing “Privacy,” OSHA Eliminates Record Keeping Requirements
  • Private Sector Union Membership Slips

January 17, 2019

  • Browning-Ferris Redux Sows Confusion – D.C. Circuit Upholds Obama Board Joint Employer Rule But Remands To Trump Board For Application
  • NFL Boots Security Consultant Statutory Claims To Arbitration
  • To “Protect” Neutrals, Trump Board Requires Union Picketing To Promise Compliance With Law
  • Board Overrides Dismissal Of Decert Petition Despite ALJ Findings Of Unfair Labor Practices

December 20, 2018

  • Police Officer Personnel Records Not Subject To Disclosure Under Freedom Of Information Law
  • National Labor Relations Board Seeks To Reduce Timeline In Case-Handling
  • NLRB And NMB May Be Parting At Jurisdictional Crossroads Over Air And Rail Carrier Contractors
  • 23-and-she Gina Discrimination Claim Dismissed Against State Employers

December 5, 2018

  • Round One In “Janus II” Goes To Unions – No Retroactive Application Says Federal District Court
  • Breaking News – IRS Proposes To Expand Plan Hardship Distribution Rules
  • New Second Circuit Decision Ensures Arbitral Clarity Over Finality