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.
Read
More
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.
Read
More
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.
Read
More
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.
Read
More
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.
Read
More
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.
Read
More
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.
Read
More
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.
Read
More
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.
Read
More
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.
Read
More
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.
Read
More
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”).
Read
More
