August 03, 2017 | New York Law Journal
NLRB's Acting GC, ERISA-Exempt Church Plans, FCA Seal RequirementsLabor Relations columnists David E. Schwartz and Risa M. Salins review U.S. Supreme Court decisions regarding whether the former acting general counsel of the National Labor Relations Board properly served in that role after his nomination to serve as its general counsel on a permanent basis; whether pension plans maintained by certain church-affiliated employers, but not established by a church, qualify for the church plan exemption under the ERISA; and whether qui tam whistleblower suits brought under the False Claims Act are subject to mandatory dismissal when the FCA's requirement to keep such complaints under seal is violated.
By David E. Schwartz and Risa M. Salins
9 minute read
June 01, 2017 | New York Law Journal
Transgender Protections, EEOC Subpoenas, WARN Act Creditors, ArbitrationLabor Relations columnists David E. Schwartz and Risa M. Salins discuss U.S. Supreme Court decisions from the 2016-17 term pertaining to protections for transgender individuals; the standard of review of a district court's decision to enforce or quash an EEOC subpoena; whether priority rules for WARN Act creditors apply in the context of a structured dismissal of a bankruptcy proceeding; and whether a state court rule that disfavors arbitration agreements violates the Federal Arbitration Act.
By David E. Schwartz and Risa M. Salins
8 minute read
April 06, 2017 | New York Law Journal
Labor-Related Legislative DevelopmentsLabor Relations columnists David E. Schwartz and Risa M. Salins discuss the Obama-era labor regulations that have been targeted by Congress and current legislative initiatives regarding unions, class actions and family leave.
By David E. Schwartz and Risa M. Salins
31 minute read
February 02, 2017 | New York Law Journal
Anticipated Changes Under President Trump: NLRB, DOL, EEOCIn their Labor Relations column, John P. Furfaro and Risa M. Salins discuss two controversial National Labor Relations Board rulings on class arbitration waivers and the joint employer standard that may be revisited once the vacant seats on the board have been filled, the possible fates of the Department of Labor's overhaul of overtime pay regulations and finalization of the persuader rule, and executive orders issued by President Obama that may be scrutinized.
By John P. Furfaro and Risa M. Salins
17 minute read
December 01, 2016 | New York Law Journal
Changing Trends and Developments at the National Labor Relations BoardIn their Labor Relations column, John P. Furfaro and Risa M. Salins focus on significant 2016 decisions of the National Labor Relations Board which may or may not survive under a new administration. The NLRB has taken a number of actions during the term of President Barack Obama considered favorable to unions in the organizing process. Notably, there are two vacancies the authors expect the new president to fill promptly.
By John P. Furfaro and Risa M. Salins
16 minute read
October 06, 2016 | New York Law Journal
Joint Employer Update: Changing InterpretationsLabor Relations columnists John P. Furfaro and Risa M. Salins address recent developments relating to the National Labor Relations Board's expansive view of joint employer relationships and important implications for employers.
By John P. Furfaro and Risa M. Salins
15 minute read
August 04, 2016 | New York Law Journal
Supreme Court Review: FLSA, Title VII, First Amendment, Religious FreedomIn their Labor Relations column, John P. Furfaro and Risa M. Salins review rulings pertaining to whether automobile service advisors are exempt from overtime pay under the Fair Labor Standards Act; whether a ruling on the merits is a necessary predicate to finding a defendant is a prevailing party eligible for an attorney fees award under Title VII of the Civil Rights Act of 1964; when the statute of limitations period begins running in constructive discharge cases under Title VII; and more.
By John P. Furfaro and Risa M. Salins
23 minute read
April 01, 2016 | New York Law Journal
WARN Act Update: New Questions and ApplicationIn their Labor Relations column, John P. Furfaro and Risa M. Salins discuss developments regarding Worker Adjustment and Retraining Notification liability as a single employer, offsets of WARN notice pay from voluntary severance pay and aggregation rules for calculating the number of layoffs necessary to trigger WARN notice.
By John P. Furfaro and Risa M. Salins
21 minute read
February 05, 2016 | New York Law Journal
Whistleblower Developments in Courts and AgenciesIn their Labor Relations column, John P. Furfaro and Risa M. Salins discuss recent whistleblower cases and developments, including the Final Rule from OSHA governing retaliation complaints filed under SOX, a decision on individual liability for directors who engage in retaliatory actions, another on the pleading standard for retaliation claims, and more.
By John P. Furfaro and Risa M. Salins
11 minute read
December 04, 2015 | New York Law Journal
State and City Legislation Set Up New Workplace RequirementsIn their Labor Relations column, John P. Furfaro and Risa M. Salins review recent state and city legislation on wage payment and deductions, greater protection for women in the workplace, and employer consideration of a job applicant's criminal history or credit history.
By John P. Furfaro and Risa M. Salins
11 minute read
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