Insights

Employment discrimination claims have long been thought to be outside the scope of the arbitration provisions of collective bargaining agreements and employment contracts. In Alexander v. Gardner-Denver Co., 415 U.S. 36...

On February 5, 1993, President Clinton signed the Family and Medical Leave Act of 1993. In explaining the intent of this legislation, the President stated, “American workers will no longer have to choose between the job...

In the July, 1992 issue of this Newsletter, we reported that even unintentional violations of the federal plant-closing law – the Worker Adjustment and Retraining Notification Act (“WARN”) – can result...

In Truelove v Northeast Capital & Advisory, Inc., 3 No. 99 (NY Ct. App. 2000), a case of first impression in New York, the state’s highest court ruled on October 17, 2000, that discretionary bonuses based on an...

Under a new statute, New York employers may not take adverse employment actions against employees or applicants for employment on the basis of their legal, off-duty conduct. The new law, section 201-d of the Labor Law, which...

The Pregnancy Discrimination Act (the “PDA”), enacted in 1978, provides that discrimination against an employee because of “pregnancy, childbirth, or related medical conditions” constitutes prohibited...

The New York State Supreme Court, Appellate Division, Third Department, recently sustained a decision of the Unemployment Insurance Appeal Board (the “Appeal Board”) which denied unemployment benefits to a...

It is a fundamental rule of labor law that arbitration is a matter of contract and that a party may be required to submit a dispute to arbitration only if it has agreed to do so. Thus, when a collective bargaining agreement...

The U.S. District Court for the Eastern District of Louisiana recently found that notices sent to employees prior to a mass layoff were technically defective under the Worker Adjustment and Retraining Notification Act of 1989...

The National Labor Relations Board (the “NLRB”) recently ruled that an employer’s decision to subcontract work, even where the decision to subcontract is unrelated to labor costs, is a mandatory subject of...