On Friday, May 11, 2012, Nathaniel G. Lambright will be presenting on Recent Developments at the NLRB. The program is being sponsored by Cornell University ILR School Labor and Employment Program, the NLRB Region 3, and the NYSBA Labor Employment Law Section. For more information on this program,
District of Columbia Issues New Tax Withholding Requirements | Employment Law
Effective December 22, 2011, as a result of recent emergency legislation, the District of Columbia Office of Tax and Revenue will require that payers of distributions from retirement plans subject to federal withholding withhold D.C. income tax at the highest D.C. income tax rate in effect at the time of distribution, presently 8.95%.
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Update: NLRB’s Proposed Expedited Election Procedures | Employment Law
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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Proposed Rule Under Health Care Reform Regarding Summary of Benefits and Coverage May Be Delayed
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.
Perb Finds that Proposed Procedure for Certain General Municipal Law 207-C Adjudications is Mandatory Subject of Bargaining | Employment Law
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.
Blitman & King Named in 2011-2012 Edition of The Best Lawyers in America | Employment Law
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.
U.S. Department of Labor to Release MEWA Guidance Soon | Employment Law
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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U.S. Department of Labor Releases Final Regulation on Investment Advice | Employment Law
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.
IRS Announces 2012 Cost of Living Adjustments for Dollar Limitations on Benefits and Contributions | Employment Law
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:
October 14, 2011 BNA Insights features article by Michael R. Daum | Employment Law
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.