Clifton Budd & DeMaria LLP
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WHAT'S NEW

SUMMARY JUDGMENT OBTAINED ON MULTIPLE CLAIMS AGAINST FIRM CLIENT
The Richmond County Supreme Court recently granted summary judgment in favor of Firm partner George F. Brenlla
and Firm associate Stefanie R. Munsky in the case of Desantis v. Eden II School for Autistic Children, Inc.
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NEW YORK SENATE PASSES LEGISLATION TO HALT BULLYING AND ABUSE IN THE WORKPLACE
Legislation with far-reaching impact on the workplace and the types of suits employees can bring against their employers is making its way through the New York Legislature. On May 13, 2010, the New York State Senate secured the passage of landmark legislation which establishes a civil cause of action for employees who are subjected to an abusive environment.
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COBRA SUBSIDY EXTENDED AGAIN – AND STAY TUNED
On April 15th President Obama signed into law another extension of the COBRA subsidy. As a result, now individuals who are eligible for COBRA due to an involuntary termination of employment on or before May 31, 2010, are eligible for
the subsidy.
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THE IRS AND THE DEPARTMENT OF LABOR ARE SET TO CRACK DOWN ON INDEPENDENT CONTRACTOR AGREEMENTS
As the government looks for a means to increase revenue and speed up the economic recovery, employers who treat workers as independent contractors face an increased risk that the classification of these individuals will be contested.
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COBRA PREMIUM SUBSIDY GIVEN BRIEF EXTENSION
Eligibility under the COBRA Premium Subsidy Law has been extended for 31 days, through March 31, 2010. This brief extension includes a new twist, providing that eligible individuals who had a reduction of hours but did not elect COBRA coverage due to that qualifying event, and who incurred an involuntary termination of employment on or after March 2, 2010 may receive premium assistance under certain conditions.
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UNIONS LOST MORE THAN 750,000 MEMBERS IN 2009
The U.S. Department of Labor’s Bureau of Labor Statistics reported last week that the upward trend in union membership that began four years ago leveled off significantly in 2009. The report found that unions lost 771,000 members in 2009.
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SUPREME COURT CAMPAIGN FINANCE DECISION LIKELY TO RENEW INTEREST IN BECK RIGHTS
As being widely reported, yesterday’s U.S. Supreme Court decision in Citizens United v. Federal Election Commission will have a significant impact on political campaigns. At its core, the decision found that corporations and unions cannot be prohibited from using their funds on campaign ads that expressly support or oppose candidates for federal office.
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ALFRED T. DeMARIA NAMED AS ONE OF TOP ONE HUNDRED IN AMERICA
Firm partner Alfred T. DeMaria has recently been named to the list of Top One Hundred Labor Attorneys in the United States for 2009, as compiled by Labor Relations Institute, Inc., a leading industry information source. Inclusion on the list puts Mr. DeMaria in the top one percent of labor attorneys in the U.S., making Mr. DeMaria one of the most active attorneys representing companies in National Labor Relations Board-monitored elections.
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COBRA SUBSIDY ELIGIBILITY EXTENDED UNTIL FEBRUARY 28, 2010
On December 19, President Obama signed into law the extension and expansion of the COBRA Premium Subsidy Law that was due to expire December 31. Not only does the new law extend eligibility for the subsidy to those who were terminated on or before February 28, 2010, it extends the subsidy period by six months to a total of 15 months. The law also imposes new notice obligations on employers.
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RECENT DEVELOPMENTS IN NEW YORK WAGE AND HOUR LAW
New York employers should be aware of some significant amendments to the New York Labor Law. Recently, Section 195(1) of the New York Labor Law was amended as it relates to notice and record-keeping requirements. Further, pursuant to amendments effective November 24, 2009, the New York Labor Law has strengthened remedies against employers who violate wage payment laws or retaliate against employees who exercise their rights under the Labor Law.
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EEOC ISSUES SUPPLEMENT TO ITS REQUIRED EMPLOYER POSTING
The Equal Employment Opportunity Commission (“EEOC”) recently issued a new supplement to its required worksite postings for employers. For private employers, state and local governments, educational institutions, employment agencies and labor organizations, the supplement includes language reflecting recent changes to the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.
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RETAILERS BEWARE: Circuit Court Holds That Store Managers and Assistant Managers in Retailers May Be Entitled to Millions of Dollars in Overtime Pay
Last year, the United States Court of Appeals for the 11th Circuit confirmed a jury verdict against Family Dollar Stores, Inc. for more than $35,000,000 in damages. The plaintiffs established that Family Dollar Stores did not properly categorize its Store Managers as non-exempt employees and as a result violated the Fair Labor Standards Act (“FLSA”).
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