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Posts Tagged ‘labor and employment law’

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….


The New Jersey Paid Sick Leave Act

November 8th, 2018

By: Alaine S. Williams One of the first pieces of legislation signed into law by Governor Murphy of New Jersey in 2018 is a law requiring employers to provide both full-time and part-time employees 40 hours of paid sick leave each benefit year. The New Jersey Paid Sick Leave Act (Act), which went into effect…


Preparing for Post-Janus Litigation: An Insurance Perspective

October 25th, 2018

By: Linda M. Martin and Lauren M. Hoye Since the U.S. Supreme Court issued its decision in Janus v. AFSCME back in June, plaintiffs backed by right-wing anti-union groups have been engaged in a full-fledged assault on public sector labor unions. As part of that assault, many unions have received correspondence from bargaining unit members…


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…


Pennsylvania Supreme Court Decision Supports Governor Wolf’s Executive Order on Home Care

September 27th, 2018

By Bruce M. Ludwig In 2015, Governor Wolf issued an executive order concerning home care services in Pennsylvania. Among other things, this executive order permitted direct care workers who provide home care services to seniors and persons with disabilities to elect a representative organization for the purpose of meeting and conferring with the Department of…


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…


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…


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…


Conservative NLRB Rushing to Roll Back Worker’s Rights

January 11th, 2018

By Bruce M. Ludwig As soon as the conservative Republicans constituted a majority of the members of the National Labor Relations Board, because of President Trump’s appointments, this new majority rushed to reverse important prior decisions in a blatant effort to roll back worker and Union rights. In a 3-2 decision, the Republican majority overruled…


   
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