John P Furfaro

April 03, 2009 | New York Law Journal

John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, an associate at the firm, write that the debate over the Employee Free Choice Act's card check provision has been heated. Opponents contend that, in contrast to secret ballot elections, authorization cards will reflect peer pressure more than an employee's actual wishes with respect to union representation and a card drive is typically concluded before an employer has the opportunity to present its side, while supporters argue that employers would have ample opportunity to present their positions and that they usually use that time to be coercive rather than informative.

By John P. Furfaro and Risa M. Salins

11 minute read

July 24, 2006 | New Jersey Law Journal

A look at three labor relations decisions from this term; Sereboff v. Mid Atlantic Medical Services, Domino's Pizza v. McDonald, and Arbaugh v. Y & H Corp.

By John P. Furfaro

8 minute read

October 25, 2002 | Law.com

Successorship issues often arise when a new employer purchases the assets and assumes operations of another employer whose employees are represented by a labor union. While some general rules have been developed to determine a successor employer's bargaining obligations, the National Labor Relations Board and the courts continue to revise and refine the law surrounding a successor's obligations to bargain.

By John P. Furfaro and Maury B. Josephson

8 minute read

August 01, 2008 | New York Law Journal

John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, an associate at the firm, discuss decisions made by the Supreme Court during its 2007-08 term on topics that include whether discrimination based on an employee's pension status violates the ADEA, enforceability of contracts that expand judicial review of arbitration awards beyond that provided for in the FAA and burdens of proof in disparate impact cases under the ADEA.

By John P. Furfaro and Risa M. Salins

11 minute read

October 03, 2008 | New York Law Journal

John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, an associate at the firm, write that as Wall Street and the economy reel with bad news and the announcement of likely job reductions, it is timely to consider the brand-new New York statute governing layoffs. Democratic Governor David Paterson recently signed into law the New York State Worker Adjustment and Retraining Notification Act, which will become effective on Feb. 1, 2009.

By John P. Furfaro and Risa M. Salins

10 minute read

June 01, 2007 | New York Law Journal

John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, an associate at the firm, write that while confidentiality is understandably a concern when preparing for a merger or acquisition, a recent Appellate Division decision highlights the risks associated with employers misrepresenting the truth about contemplated organizational changes when such plans may impact employees' continued employment.

By John P. Furfaro and Risa M. Salins

10 minute read

April 09, 2007 | Law.com

Federal courts have traditionally held that discrimination on the basis of transgender status, like discrimination based on sexual orientation, is not prohibited under Title VII of the Civil Rights Act. However, attorneys John P. Furfaro and Risa M. Salins write that there is a growing trend -- grounded in a U.S. Supreme Court decision on "sex stereotyping" -- toward recognizing a cause of action for sex discrimination under Title VII when a transgender person suffers an adverse employment action.

By John P. Furfaro and Risa M. Salins

9 minute read

July 25, 2005 | New Jersey Law Journal

This column discusses decisions issued by the U.S. Supreme Court during the 2004-2005 term in the area of labor and employment law.

By John P. Furfaro and Maury B. Josephson

10 minute read

April 04, 2008 | New York Law Journal

John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, an associate at the firm, review recent case law involving the exemption from Title VII's prohibitions against religious discrimination in employment which had customarily been reserved for formal houses of worship or organizations owned or closely affiliated with them

By John P. Furfaro and Risa M. Salins

11 minute read

July 23, 2004 | New York Law Journal

John P. Furfaro, a partner of Skadden, Arps, Slate, Meagher & Flom, and Maury B. Josephson, a principal of the Law Office of Maury B. Josephson, offer up the first of two columns discussing decisions issued by the U.S. Supreme Court during the 2003-04 term in the area of labor and employment law.

By John P. Furfaro and Maury B. Josephson

8 minute read