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

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 Awaitned Joint Employer Rule

Febrauary 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

Febrauary 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

Febrauary 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 Inludes Provision To Provide Unions Access To Orientations For New Employess

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