The National Labor Relations Board (Board or NLRB) has applied its “clear and unmistakable” waiver standard in unilateral change cases for several decades. (more…)
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‘Labor Publications’ Posts Archive
B&K Labor Update – 2010 | Employment Law
Recent NLRB Decisions Newsletter
In April 2010, President Obama filled National Labor Relations Board vacancies with recess appointments of Craig Becker and Mark Pearce, both uni on-side labor attorneys. Member Pearce was confirmed on June 22, 2010. They joined Chairman Wilma Liebman, former in-house legal counsel for the Bricklayers and Allied Craftsmen as wel l as the International Brotherhood of Teamsters. (more…)
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B&K Labor Update – 2007 | Employment Law
NLRB’s Supervisor Decisions Create Numerous Issues
In a long awaited development, the National Labor Relations Board has issued its interpretation of when an employee is a supervisor under the National Labor Relations Act and therefore is not entitled to Union representation and the protection of the Act. (more…)
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Protecting a Union’s Rights | Employee Benfits
We all know that winning at the NLRB is hardly the end of the story (more…)
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“No” Means “No” When a Party “Really” Says So | Employment Law
The National Labor Relations Board (Board or NLRB) has long held that the purported waiver of a party’s statutory rights under the National Labor Relations Act (Act) is effective if and only if the relinquishment was “clear and unmistakable.” (more…)
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B&K Labor Update – 2008 | Employment Law
What You Need to Know About Pre-Erisa Pension Credit as Boomers Reach Retirement
As many of your members get ready to retire they will face the issue of how their work in the early 70s gets credited toward their pension benefit. This issue has come to be called the pre-ERISA service issue. (more…)
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Join us for our 23rd Annual Labor & Employment Law Seminar covering developments in Health Care Reform, Public Sector Law, Private Sector Law, Employment Law and Employee Benefits.
More information will be arriving soon in your mail. If you know someone who might be interested, please let us know and we will make sure an invitation is sent to him or her.
7 B&K Attorneys Named as 2011 Super Lawyers | New York Law
Congratulations to the following Blitman & King attorneys who have been named as 2011 Super Lawyers for New York:
- Charles E. Blitman, Employee Benefits/ERISA
- Bernard T. King, Employment & Labor
- Daniel E. Kornfeld, Employee Benefits/ERISA
- James R. LaVaute, Employment & Labor
- Donald D. Oliver, Employment & Labor
- Jules L. Smith, Employment & Labor
- Kenneth L. Wagner, Employment & Labor
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Each year Super Lawyers magazine publishes the names of attorneys in each state who receive the highest point totals in their respective practice areas.
The selection process for Super Lawyers is a rigorous, multiphase rating process including peer nominations, evaluations, and independent research. Candidates are evaluated based on 12 indicators of peer recognition and professional achievement including verdicts, settlement and transactions, representative clients, experience, honors and awards, special licenses and certifications, position within law firm, bar and other professional activity, pro bono and community service, scholarly lectures and writings, education and employment background, and other outstanding achievements.
Court of Appeals orders deference to public employer’s initial determination in section 207-a case | Litigation Law
In a recent opinion, a divided New York Court of Appeals found a Ridge Road Fire District firefighter ineligible for General Municipal Law Section 207-a benefits where the District’s initial determination denying benefits was supported by substantial evidence. (more…)
Wage Theft Prevention Act Signed Into Law | New York Law
On December 13, 2010, Governor Patterson signed the Wage Theft Prevention Act (“Act”) into law, which provides enhanced remedies and greater enforcement powers to prevent violations of New York wage laws. Under New York’s current wage statutes, an employer may be held civilly liable for the amount of wages withheld, plus damages equal to 25% of the owed wages. Another labor law provision requires that employers provide employees with notice of their rate and date of pay and to retain employment records for three years. (more…)