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Archive for the ‘Employment Law – Individual and Class Representation’ Category

Third Circuit Rejects Employer Attempt to Shift Withdrawal Liability to Teamsters Union

December 13th, 2018

By: James Beall & James Glowacki The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) imposes an exit charge on employers that stop participating in multiemployer-union defined benefit plans. The exit charge approximates the withdrawing employer’s share of the plan’s total unfunded vested benefits owed to participants, but not yet covered by existing plan assets….


New York’s Statewide Stand Against Workplace Sexual Harassment

November 29th, 2018

By: James Glowacki Just last month, New York enacted a comprehensive statewide law aimed at reducing incidents of sexual harassment in the workplace. The new law expands protections available to employees and requires all New York employers to maintain a sexual harassment policy conforming to the state’s minimum requirements. Under New York Labor Law Section…


OSHA Proposes Cutbacks on Mandatory Reporting of Workplace Injuries

October 11th, 2018

By: James R. Glowacki On July 30, 2018, the Occupational Safety and Health Administration (“OSHA”) issued a Notice of Proposed Rulemaking seeking to ease Obama-era reporting requirements of workplace injuries and illnesses. Under the new proposal, many employers will no longer be required to annually submit certain reports logging and detailing injuries and illnesses suffered…


Navigating the Americans with Disabilities Act for Current Employees and Employers

August 23rd, 2018

By Jessica Brown This is the first in a multipart series about the Americans with Disabilities Act (ADA).  The ADA is a federal law under the United States Department of Justice Civil Rights Division which prohibits discrimination against people with disabilities. What are basics of the ADA at work? Specifically, under the ADA employers must…


U.S. Supreme Court Upholds Use of Class Action Waivers in Employee Arbitration Agreements

July 5th, 2018

By Ryan A. Hancock A few weeks ago, the United States Supreme Court issued a sweeping decision in Epic Systems Corp. v. Lewis, in three consolidated cases including one arising under the National Labor Relations Act, that will make it difficult, if not impossible, for employees to gain access to a court of law to…


‘What Did You Make at Your Last Job?’- Ninth Circuit Holds Prior Salary is No Justification for Current Pay Gap

May 17th, 2018

By James Glowacki It is well known that women often earn less than men for doing the same work. Per a Pew Research Center analysis, women in the United States earned about 82% of what men earned in 2017. The United States Court of Appeals for the Ninth Circuit recently addressed this “pay gap” in…


Fourth Circuit Court of Appeals Strikes Down Common Employer Bargaining Tactic as Unlawful Under the Pension Protection Act

May 2nd, 2018

By James S. Beall On April 26, 2018, the U.S. Fourth Circuit Court of Appeals invalidated an employer’s attempt to freeze participation in a multiemployer pension plan to existing employees, and place new employees in a 401(k) plan. This is a common employer demand in bargaining, but it was held unlawful because of the Pension…


What is Pregnancy Discrimination?

March 29th, 2018

By Alidz Oshagan In 1978, Congress passed the Pregnancy Discrimination Act (“PDA”) as an amendment to Title VII of the Civil Rights Act of 1964. The PDA prohibits employers from discriminating against employees or applicants for employment on the basis of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. An employer is…


No Notice of Compensation Payable, No Protection Under Workers’ Compensation

March 15th, 2018

By Marianne H. Saylor If you get injured at work, your injury is not legally covered under workers’ compensation unless you receive a Notice of Compensation Payable. Injured workers are required to report an injury to their employer within 120 days after the injury. It is best to report the injury as soon as a…


Labor Unions Across the Country Honor Echol Cole, Robert Walker, and the Memphis Sanitation Workers Who Led the Historic Sanitation Strike of 1968

March 1st, 2018

By: Lauren M. Hoye February 1, 2018 marked the 50th anniversary of the tragic deaths of Echol Cole and Robert Walker, two sanitation workers killed on the job by a trash compactor in the City of Memphis, Tennessee. It was their deaths that sparked the historic sanitation strike of 1968, which began on February 12,…


   
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