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NEW NLRB POLICY TO AID MEMBERS SEEKING TO BRING CLAIMS AGAINST THEIR UNIONS

Saturday, November 10, 2018

Labor union members have been forced for many years to prove bad faith interest when seeking to make claims against their own unions for failure to represent them properly.  That has now changed based on an October 24, 2018 Memorandum from General Counsel, Peter Robb (Trump appointee) of the National Labor Relations Boards (NLRB – the federal labor law enforcement agency).  Claims of negligence against unions will now be easier because the union will be presumptively liable if workers’ grievances are not properly processed.  Unions are currently already facing declines in memberships and f

Federal Government Changes Position on Protection for Transgender Workers

Monday, October 29, 2018

Last week, the Department of Justice submitted a brief to the United States Supreme Court arguing that Title VII does not prohibit discrimination against transgender employees. The DOJ argued that the protection against “sex” discrimination does not apply to gender identity.  Importantly, the Equal Employment Opportunity Commission has not changed its position accordingly, and therefore the EEOC still considers transgender employees to be protected from discrimination. 

Title VII Hostile Work Environment Claims Proceed on Sexual Orientation Discrimination

Monday, October 22, 2018

A New York employee who worked for the NYS Insurance Fund for many years allegedly experienced discrimination and a hostile work environment based on the fact that he was gay and had a disability.  The employee complained of discrimination and alleged that following his complaints he was retaliated against.  On remand from the Second Circuit, the district court dismissed the employee’s Title VII discrimination claims because he failed to allege that he suffered an adverse employment action based on his sexual orientation.  The court found that although he alleged another employee emailed f

NYS Issues Final Guidance on Sexual Harassment Training Requirements

Wednesday, October 03, 2018

NYS issued its final guidance on the new sexual  harassment policy and training requirements in effect for all New York employers.  The state clarified that October 9, 2018 remains the deadline by which all employers must adopt a written sexual harassment policy and an anti-harassment training program.  The state has issued model language and training documents for employers that need assistance developing those documents. 

Paid Family Leave 2019 Update

Friday, September 07, 2018

Employees will pay more of their paycheck towards the Paid Family Leave benefit program in 2019 - 0.153% of gross wages up to a yearly maximum of $107.97 (up from 0.126%/$85.56 in 2018). Moreover, as per the original provisions of the Paid Family Leave law, employees will be permitted to take up to 10 weeks of paid family leave in 2019, and receive 55% of their average weekly wage, up to a maximum of $746.41.  

Deadline for New Sexual Harassment Prevention Requirements Fast Approaching

Tuesday, August 28, 2018

In April, we wrote about new steps New York State is taking to prevent harassment in the workplace, including requiring New York employers to comply with policy and training requirements.

Lululemon Employees Likely to be Conditionally Certified for Allegations of Unpaid Wages

Thursday, August 16, 2018

Earlier this month, a New York Federal Court magistrate recommended conditional certification of a class of Lululemon employees who allege they were expected to take yoga classes at studios to promote Lululemon apparel, and perform other work related tasks off the clock.  Lululemon paid the fee for the classes but did not pay the employees to attend, calling it “community work.”  The employees allege they spent approximately five hours each week in fitness classes and another five hours per week performing other tasks.

Court Holds that USC Cannot Force Employees/Investors in its Retirement Plan to Arbitrate their Breach of Fiduciary Duties Claims

Monday, August 06, 2018

Employers with retirement plans subject to the Employee Retirement Income Security Act (ERISA) often seek to reduce their potential class action liability for breach of fiduciary duty claims by including mandatory arbitration clauses in employment agreements. University of Southern California (USC) workers challenged the school's management of its plans in federal court several years ago, despite the arbitration clauses in their agreement.

Changes to Taylor Law

Friday, July 27, 2018

This year, Governor Cuomo signed a law making changes to the Taylor Law to strengthen public unions.  The Taylor Law, officially the Public Employees Fair Employment Act, defines the rights and limitations for public employees in New York.  The major changes to the existing law include the following:

Arbitration Agreements as a Condition of Employment are Enforceable

Monday, July 16, 2018

The US Supreme Court recently upheld mandatory arbitration clauses in employment contracts that waived an employee’s right to bring class or collective actions.

Governmental Affairs
13
Once again the COBRA subsidy and unemployment benefit rules have been extended. If you have any questions please contact GVCSHRM Legislative Representative Paul F. Keneally, Esq., Chair Labor & Employment Practice Group, Underberg & Kessler LLP at 258-2882 or keneally@underbergkessler.com

Employers Must Account for Extension of COBRA Subsidy and Unemployment Benefit Rules

3/5/2010 By Edward I. Leeds and Farrah I. Gold
As widely reported in the press, on March 2, 2010, President Barack Obama signed into law the Temporary Extension Act of 2010, which provides short extensions for a number of government programs, including the COBRA subsidy rules and unemployment compensation benefits. Employers will need to consider how these extensions affect the administration of their benefits for terminated employees.

COBRA Subsidy Rules. The date for incurring an involuntary termination of employment that qualifies for the subsidy has been extended by one month, from Feb. 28, 2010, to March 31, 2010. Further extensions are almost certain to be considered in future legislation.

The act makes a few other significant changes. In particular, an individual who does not elect (or elects and then discontinues) COBRA continuation coverage following a reduction in hours will be given a second opportunity to elect continuation coverage and qualify for the subsidy if his or her employment is involuntarily terminated at a later date. The maximum continuation coverage period will be deemed to start as of the date hours were reduced, even though the actual continuation coverage will typically begin when employment terminates. Special notice and election provisions will apply. This change applies only to involuntary terminations of employment that occur on or after the date of enactment.

On a favorable note, the act provides that deference will be given to an employer’s reasonable determination that an involuntary termination has occurred. Employers should retain appropriate documentation supporting the determination, including an attestation by the employer of the involuntary termination of employment.

The act also builds on relevant enforcement provisions, authorizing the government to impose a civil penalty of up to $110 per day if an employer takes more than 10 days to implement a government appeal determination that an individual is eligible for the subsidy.

We expect further regulatory guidance on these new rules to be issued. For more information on the COBRA subsidy rules, click here.

Unemployment Compensation. The act’s unemployment insurance provisions extend various benefit periods. Specifically, the period during which individuals may apply for federal emergency unemployment compensation has been extended from Feb. 28, 2010, to April 5, 2010. Federal emergency unemployment compensation is now payable through Sept. 4, 2010, rather than July 31, 2010.

The act also extends the period during which individuals may qualify for the federal additional compensation, i.e., the amount to which the employee would be entitled under state unemployment compensation law plus an additional $25, from Feb. 28, 2010, to April 5, 2010. Additional compensation shall now be payable through the week ending Oct. 5, 2010, rather than Aug. 31, 2010.

The act extends the period during which extended benefits are 100 percent federally funded to April 5, 2010. States may opt to continue the period of extended benefits to Sept. 4, 2010, rather than July 31, 2010.

Edward I. Leeds is of counsel and Farrah I. Gold is an associate at the law firm Ballard Spahr LLP. © 2010 Ballard Spahr Andrews & Ingersoll, LLP. All Rights Reserved.

Editor’s Note: This article should not be construed as legal advice.

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