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Labor & Employment Law
First Quarter 2010 CORPORATE CAMPAIGNS: IS THERE A LEGAL REMEDY FOR THE COMPANY? TITLE VII DEVELOPMENTS ON RETALIATION, HARASSMENT AND TIMELINESS EMPLOYMENT ARBITRATION AGREEMENTS: DO UNCONS CIONABLE PROVISIONS PREVENT ENFORCEMENT?
Fourth Quarter 2009 Physical Capacity (Functionality) Tests: Are They Medical Exams? The "Faithless Servant" Doctrine:Can a Company Recover Waqes and Bonuses Paid to a "Disloyal" Employee? Withdrawal Liability: A Risk For Companies Which "Lease" Employees? ADA: Can Employees be Automatically Terminated When Worker's Comp Leave Ends? EEO: Does an Employer Get a Second Chance When his EEO Lawsuit is Dismissed Timely? COBRA Subsidy Update: President Signs Legislation Extending and Expanding Subsidy Firm News
Third Quarter 2009 LIFETIME MEDICAL BENEFITS: CAN THEY BE CHANGED AFTER RETIREMENT? VACATION PAY: MUST IT ALWAYS BE PAID ON TERMINATION? RETALIATION: IS IT ILLEGAL TO RETALIATE AGAINST AN EMPLOYEE’S WIFE? REFUSING TO REHIRE RETIRED EMPLOYEES: IS THAT DISCRIMINATION? “INTRAGROUP GROUP” DISCRIMINATION: IS IT A VIABLE CLAIM?
Second Quarter 2009 The New Haven Firefighters’ Case: How this Landmark Case Affects Employers Supreme Court Raises the Bar for Employees Claiming Age Discrimination Supreme Court Affirms AT&T’s Limitation of Pension Benefits Arbitration of Statutory Discrimination: Ramifications of Penn Plaza for Employers Calling the Police: Can This Be an Unfair Labor Practice? EFCA (“Card Check”) Legislation: The Stalemate In Congress May be Over
First Quarter 2009 EEO Supreme Court Clarifies Scope of Retaliation The “Lilly Ledbetter” Law What is an “Adverse Employment” Decision? Cat’s Paw Liability FMLA - THE NEW REGULATIONS Military Caregiver Leave Leave Because of a Qualifying Exigency ERISA - SEVENTH CIRCUIT NARROWS BASIS FOR PLAN FEES CASES LABOR LAW Supreme Court Case Now Pending Payments to Benefit Funds After Contract Termination UPDATE TO SUPREME COURT CASE NOW PENDING
Fourth Quarter 2008 THE ADA AMENDMENTS ACT 1. The ADA 2. The Supreme Court Decisions 3. The ADA Amendments 4. What Has Changed 5. What Hasn’t Changed THE EMPLOYEE FREE CHOICE ACT (“EFCA”) 1. Recognition Based on Card Checks 2. Interest Arbitration for Initial Contracts
Third Quarter 2008 SUPREME COURT: IS THERE A CONFLICT OF INTEREST WHEN PLAN ADMINISTRATOR AND PAYOR OF BENEFITS ARE THE SAME ENTITY? AMERICANS WITH DISABILITIES ACT 1. Major Changes on the Horizon? 2. Can a Failure to Accommodate Constitute a Constructive Discharge? EQUAL EMPLOYMENT OPPORTUNITY 1. Cat’s Paw Liability: What Is the Legal Test? 2. Gender Identity: Can it Be Sex Discrimination? NLRB: WHEN CAN UNIONS PICKET AT MALLS? ANTI-TRUST: WHEN ARE UNIONS LIABLE?
Second Quarter 2008 EEO DEVELOPMENTS 1. §1981 Expanded to Prohibit Retaliation? 2. Second Circuit: How Broad is the Concept of “Discrimination”? 3. The Ledbetter Fair Pay Act ARBITRATION 1. Can Parties Expand the Reviewability of Arbitration Awards by Contract? FAMILY MEDICAL LEAVE ACT 1. Loaned Employees 2. Paid FMLA Leave GINA: FEDERAL PROTECTION AGAINST GENETIC DISCRIMINATION THE NY LABOR LAW NOW REQUIRES WRITTEN COMMISSION AGREEMENTS 1. The Law and Requirements 2. Improper Wage and Hour Deductions and Written Agreements
First Quarter 2008 SUPREME COURT DOCKET: 12 EMPLOYMENT CASES BEING DECIDED 1. “Me Too” Evidence in Cases of Age Discrimination 2. 401(k) Participants Win Right to Sue 3. A Victory for Employees: A Formal Charge is Not Required Under the ADEA 4. ADA Changes May Be on the Horizon NLRB CLARIFIES EMAIL RULES THE FAMILY MEDICAL LEAVE ACT NOW PROVIDES LEAVE FOR EMPLOYEES WITH FAMILY MEMBERS IN THE ARMED FORCES NEW YORK LAW: IS A “SERVICE CHARGE” A GRATUITY? NEW YORK: NEW REGULATIONS REGARDING SOCIAL SECURITY NUMBERS FIRM NEWS
Fourth Quarter 2007 NLRB ALTERS COURSE 1. Dana Corp: Contract Bar Rules Modified 2. Union “Salts”: Are They “Employees”? 3. When Can the Filing of a Lawsuit Be an Unfair Labor Practice? 4. Discipline That Results from Illegal Surveillance 5. After-Acquired Shop Clauses: Are They Mandatory Subjects of Bargaining? 6. The Union Reaction UPS OPTS OUT OF TEAMSTER PENSION PLAN FIRM NEWS
Third Quarter 2007 EEO DEVELOPMENTS 1. Cat’s Paw Liability 2. Taxation of Emotional Damages 3. Age Discrimination 1. Back Pay for “Salts” 2. Unilateral Employer Actions 3. Employee Complaint Procedures for Non-Union Companies WAGE-HOUR ISSUES Personal Liability for Wage-Hour Violations ARBITRATION: ARE WAIVERS OF CLASS ACTIONS LAWFUL? STATE LAWS 1. New York Law Protects Nursing Mothers 2. Limitations of Employer Use of Credit Reports
Second Quarter 2007 EEOC ISSUES 1. Supreme Court Rules on EEOC Statute of Limitation: When Must an Employee File a Discrimination Charge Over Pay? 2. Scope of a Charging Party’s Duty to Exhaust Remedies 3. “Cat’s Paw” Liability 4. Reasonable Accommodation LABOR LAW 1. Employee Free Choice Act 2. Employee Use of Email 3. Unfair Labor Practice Remedies: Back Pay Calculations 4. Preemption 5. Alternate Union Roles FIRM NEWS
First Quarter 2007 Preserving Computerized Documents New York State Law: Recent Developments 1. Leave For Spouses Of Military Personnel 2. Deductions From Payroll: When Are They Lawful? Neutrality Agreements: When Are They Lawful? Developments In Disability Law 1. Is Morbid Obesity A Disability? 2. Is A Zero Tolerance Policy Unlawful? FMLA: How Is 75 Miles Determined? The Employee Duty Of Loyalty: What Are The Limits?
Fourth Quarter 2006 Shifting Tides At The NLRB Supervisors Pro-union Conduct By Supervisors Successor Employers Arbitration Clauses Union Insignia Preserving Computerized Documents Firm News
Second Quarter 2006 Supreme Court clarifies standars for retaliation cases Employment provisions in immigration reform Sexual Harrassment: How much must the employee prove? Making a direct threat and posing a direct threat: Is there a difference under ADA? Family Medical Leave Act (FLMA) NLRB: Revisiting the union’s right to confidential information New laws governing identity theft Personal notes
First Quarter 2006 Pornography in the workplace. What is the employer's obligation? Supreme Court clarifies jurisdiction and burdens of proof in discrimination cases Is "Bannering" a form of illegal picketing Retiree medical benefits: Can they be terminated after retirement? Milwaukee "Labor Peace" regulation found unlawful The employer's obligation to pay or grant leave to employee negotiators
Fourth Quarter 2006 LM-10 Forms: The requirements and compliance recommendations Introduction Part1: The reporting obligations What is a reportable activity? The De Minimis rule Filing requirements and "Grace Period" Tracking Procedures and maintaining records What are some exceptions? Part II: Compliance Avoiding Covered Transactions The De Minimus exception The need to adopt new company policies Changing policies at the NLRB FLMA: Tightening the definition of "Serious health condition"
Third Quarter 2005 Five Unions form change to win coalition. Non-Compete agreements: Will the court use a blue pencil? Communicating new company policies by email: Does it bind the employee? Surveillance cameras in the work place: When must the issue be bargained? FLMA claims: Can they be waived by agreement? Personality tests: When do they violate the ADA?
Second Quarter 2005 New York Labor Law held preempted by the NLRA FMLA How are 75 miles measured? USERRA: Restrictions on terminating reinstated veterans. Releases of Discrimination claims Warn and severance pay: What is the relationship? The 15-emplyee requirement: Is it jurisdictional?
First Quarter 2005 Supreme Court recognizes disparate treatment for age discrimination The Union inflatable RAT: Is it constitutionally protected? Whistleblower protections: How broad are they? Preemption: Can a state require unionized contractors Genetic Bias: Will it become a new form of discrimination? Hostle environment: Can a union be liable?
Fourth Quarter 2004 When is a whistle blower protected by Sarbanes-Oxley? The changing of the guard at the NLRB Issues now pending at the NLRB FMLA- When must reinstatement occur after FMLA leave? Double taxation of attorney’s fees eliminated
Third Quarter 2004 Supreme Court defines defenses in constructive discharge cases Changes at the NLRB New Union reporting rules to go into effect Reductions in force: Can they be based on Subjective criteria?
Second Quarter 2004 Changing eligibility for retirement benefits: The Supreme Court imposes limitations Labor Law Republicans assume NLRB majority Restricting employee communications on confidential issues: What are the limits? When must a company open its books to a union? Family Medical Leave Act: The employee that doesn’t return on time Advising employees on their FMLA rights Taking leave in anticipation of childbirth The doctrine of Federal preemption: Limits on state regulation of labor issues Jury Trial wavers: A sensible middle ground New mandatory posting requirement for New York employers A personal note
First Quarter 2004 Supreme Court rejects claim by relatively younger workers Negligence: The need to maintain a file on complaints about workers Is an unharassed worker protected by title VII? Supervisory harassment: When is the company responsible? New law limits restrictions on employer investigations of workplace misconduct. Changing work rules in unionized plants Religious discrimination and the duty to accommodate Misrepresentation in hiring
Second Quarter 2003 Who is an employee under ADA? When is obesity a disability? Keeping employee handbooks up to date: The risks of not inserting changes Surveillance cameras: When must installations be bargained with the union Good faith doubt: When can an employer stop bargaining with a union Do EEO laws apply to US-based employees working abroad A personal note