Archive for 2011
By: Nathaniel G. Lambright and Christopher P. Getaz
On November 30, 2011, the National Labor Relations Board voted to approve a resolution by the Board’s Chairman, Mark G. Pearce, for new rules to expedite election cases. Many employers and conservative pressure groups reacted to the initial proposal and the recent vote with vitriol and calls for the one Republican member, Brian Hayes, to resign from his post. After Member Hayes threatened to resign, the Board’s Inspector General launched an investigation into whether Member Hayes was unduly influenced to issue his threat. As gridlock grinds governmental functions in DC to a near standstill, it is important to sweep the rhetoric aside and determine what Chairman Pearce’s resolution really means for future election cases.
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Tags: Albany Law, Employee Benefits, Employment Law, Lawyers, Legal Counsel, Litigation Law, National Labor Relations Board, New York Law, Syracuse Lawyers
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On August 22, 2011, the Departments of Health and Human Services, Labor and Treasury issued a proposed rule under the Patient Protection and Affordable Care Act (“PPACA” or the “Act”) that mandates group health plans and health insurance issuers to provide participants with a uniform summary of benefits and coverage (“Summary”). The effective date for the proposed rule is presently March 23, 2012. On November 17, 2011, the Department of Health and Human Services posted a statement on its website advising that the proposed rule may be delayed.
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Tags: ACT, Affordable Care Act, Albany Law, Employee Benefits, Employment Law, Lawyers, Legal Counsel, Litigation Law, New York Law, Patient Protection Act, PPACA, Syracuse Lawyers
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In a recent opinion, PERB reviewed the County of Chemung and the Chemung County Sheriff’s (“Joint Employer”) arguments that the Chemung County Sheriff’s Association’s (“Association”) proposed General Municipal Law Section 207-c procedure was non-mandatory, and therefore not subject to compulsory interest arbitration. PERB concluded that the proposal was a mandatory subject of bargaining because it did not require de novo review of the Joint Employer’s initial determination, but only provided that the hearing officer’s decision would be binding. This case has state-wide importance to police and firefighter unions that have or are seeking to negotiate General Municipal Law Section 207-a or 207-c procedures.
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Tags: 207-c, Albany Law, Chemung County Sheriff's Association, Employee Benefits, Employment Law, General Municipal Law, Lawyers, Legal Counsel, Litigation Law, New York Law, section 207-a, Syracuse Lawyers
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Four B&K attorneys have been selected to the 2011-2012 edition of The Best Lawyers in America. Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising nearly 4 million confidential evaluations by the top attorneys in the country. The annual, advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.” Congratulations to the following B&K attorneys for their outstanding work in their designated field:
- Bernard T. King – Employment Law
- James R. LaVaute – Labor Law
- Donald D. Oliver – Labor Law
- Jules L. Smith – Employment Law
Additionally, Blitman & King LLP has received a first-tier ranking on the 2011-2012 “Best Law Firms” list for the firm’s work in both the Employment and Labor Law sectors.
Tags: Albany Law, B&K Lawyers, Bernard King, Best Lawyers, Donald Oliver, Employee Benefits, Employment Law, James LaVaute, Jules Smith, Labor Law, Lawyers, Legal Counsel, Litigation Law, New York Law, Syracuse Lawyers, Top Attorney
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On October 31, 2011, a representative of the Department of Labor, Employee Benefits Security Administration, announced that the DOL expects to release guidance in the near future concerning new registration and reporting requirements for multiple employer welfare arrangements (“MEWAs”).
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Tags: Albany Law, Department of Labor, DOL, Employee Benefits, Employee Benefits Security Administration, Employment Law, Lawyers, Legal Counsel, Litigation Law, multiple employer welfare arrangements, New York Law, Syracuse Lawyers
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On October 24, 2011, the Department of Labor, Employee Benefits Security Administration, released its final rule on investment advice. This final rule implements a statutory prohibited transaction exemption under ERISA which permits financial advisors to receive fees from providers of investment products that are recommended to participants of employee benefit plans. The final rule becomes effective December 27, 2011.
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Tags: Albany Law, Department of Labor, employee Benefit Plans, Employee Benefits, Employee Benefits Security Administration, Employment Law, ERISA, Lawyers, Legal Counsel, Litigation Law, New York Law, Safeguards and conditions, Syracuse Lawyers
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On October 20, 2011, the Internal Revenue Service announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for Tax Year 2012. In general, many of the pension plan limitations will change for 2012 because the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment. However, other limitations will remain unchanged. Of note:
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Tags: 401k, 403b, 457b, Albany Law, Employee Benefits, Employment Law, Internal Revenue Service, IRS, Lawyers, Legal Counsel, Litigation Law, New York Law, Pension Plans, Syracuse Lawyers, Tax Year 2012
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In the article, entitled “How Gross Takes the Teeth Out of a Proposal For an Employment-Status Discrimination Cause of Action,” Michael R. Daum discusses pending congressional legislation to prohibit employers from discriminating against applicants on the basis of their employment status and warns that such a law would be rendered ineffective by the U.S. Supreme Court’s 2009 decision in Gross v. FBL Financial Services. He recommends that the legislation be revised to mirror language in Title VII of the 1964 Civil Rights Act, rather than in the Age Discrimination in Employment Act.
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Tags: 1964 Civil Rights Act, Albany Law, Civil Rights Act, Employee Benefits, Employment Act, Employment Law, FBL Financial Services, Gross, Lawyers, Legal Counsel, Litigation Law, Micheal Daum, New York Law, Syracuse Lawyers
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On October 4, 2011, Daniel R. Brice, Jonathan M. Cerrito and Ginger B. LaChapelle presented to Fulton, Hamilton and Montgomery Counties, Fourth District Dental Society–an organization formed in 1868 to provide member services and serve as a liaison with the New York State Dental Association, the American Dental Association, and other State Agencies and Societies–on various employee benefit issues facing the dental industry. The presentation entitled “The Employee Benefits and Employment Check Up for Dental Offices” included topics such as the administration of Single-Employer 401(k) Employee Benefit Plans, employee law fundamentals, and HIPAA basics for health and dental practitioners.
Tags: Albany Law, employee Benefit Plans, Employee Benefits, Employee Law Fundamentals, Employment Law, Fourth District Dental Society, HIPPA, Lawyers, Legal Counsel, Litigation Law, New York Law, Single Employer 401k, Syracuse Lawyers
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Nathaniel G. Lambright, a Partner in the Labor Department of Blitman & King, has been selected to serve as a Panelist for the upcoming conference sponsored by the Syracuse, Rochester and Buffalo Labor and Employment Relations Association chapters and Cornell’s Industrial and Labor Relations Program. Nat will provide an employment law update at the all-day conference scheduled for October 14, 2011 at the Woodcliff Hotel in Fairport.
Tags: Albany Law, Blitman & King, Buffalo, Cornell, Employee Benefits, Employment Law, Labor Department, Lawyers, Legal Counsel, Litigation Law, Nathaniel Lambright, New York Law, Rochester, Syracuse, Syracuse Lawyers
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