Insights

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...

It has been over three years since the California Supreme Court decided Foley v. Interactive Data Corp., 47 Cal.3d 654, 254 Cal. Rptr. 211 (1988), in which the Court limited the scope of the law of wrongful discharge. The...

A frequently arising issue under the National Labor Relations Act (the “NLRA”) is the extent to which non-employee union organizers may enter an employer’s private property in their efforts to organize...

Many collective bargaining agreements contain provisions which purport to require all covered employees to become “members” of the union. Notwithstanding the language of such provisions, federal law does not...

In an effort to avoid the expense and uncertainties of court litigation and jury trials, some employers have entered into employment agreements requiring that all disputes arising out of the employment relationship be...