Champions Of Labor For More Than 40 Years

Newsletters

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

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
  • Noelia E. Hurtado Joins Pitta LLP

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