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News & Analysis as of

You’re Not the Boss of Me – The NLRB May Disagree

With a few key strokes, the NLRB yesterday, in a 3-2 decision down party lines, wiped away years of precedent and re-wrote, or, in its words “refined,” the definition of a joint employer. In a ruling that will, if upheld...more

PERC Decision Lays Groundwork for Negotiations Once Chapter 78 Contributions are Fully Implemented

New Jersey’s Public Employee Relations Commission (“PERC” or the “Commission”) has weighed in on the issues of (1) when health insurance contributions become negotiable once the fourth tier of contributions under Chapter 78...more

LMRA Arbitration Award Upheld By The Third Circuit

The Third Circuit affirmed an arbitration award under the Labor Management Relations Act (“LMRA”) as the decision reached by the arbitrator comported with the collective bargaining agreement (“CBA”) between the parties....more

It's Curtains for Some Lump-Sum Window Programs

On July 9, the Internal Revenue Service (IRS) released Notice 2015-49 to announce it intends to prohibit retirees who are receiving annuity payments from a defined benefit pension plan from electing a lump sum in lieu of the...more

Closing a Facility? Don’t Create Human Capital Problems

In recent years, manufacturers have closed facilities, corporate offices, warehouses, and production plants, for a variety of reasons. All too often, manufacturers overlook important legal requirements or planning steps,...more

Supreme Court's Labor And Employment Decisions - 2014-2015 Term

The United States Supreme Court's most recent term has been marked by a series of significant rulings that serve to alter the landscape of labor and employment law in significant ways. Over the past few months, the Court has...more

NLRB Rules that Racism is a Protected Activity

Although no one reading this article would disagree with the premise that employers cannot and should not tolerate bigotry from anyone in their workforce, the NLRB apparently thinks otherwise. In a troubling decision handed...more

NLRB Affirms Its Previous Decision Requiring Employer to Continue Providing Annual Wage Increases Beyond Contract Expiration

We previously blogged about the NLRB’s relatively shocking September 2012 decision in Finley Hospital (359 NLRB No. 9), in which the Board held that an employer was required to continue providing wage increases after the...more

Oregon Legislature Mandates Sick Leave for All Employees

On June 12, 2015, Oregon became the fourth state in the country to pass a statewide mandatory sick leave bill. Provided it is signed by Governor Kate Brown (which is virtually certain), the new law will require all Oregon...more

Ninth Circuit Overturns Injunction Against Air Carrier’s Unilateral Work Rule Changes During Bargaining for First Contract

The Railway Labor Act (RLA) did not require Allegiant Air to maintain the status quo with respect to work rules negotiated with an uncertified employee advocacy group during bargaining for a first contract with the Teamsters,...more

Airline Industry Alert: Ninth Circuit Reverses Status Quo Injunction against Airline

In a unanimous decision, a panel of the United States Court of Appeals for the Ninth Circuit reversed a preliminary injunction arising out of an airline's alleged violation of the status quo provisions of the Railway Labor...more

Airline Industry Alert: OT Class Action Against Southwest Airlines Fails to Take Off

Airlines achieved a major victory on May 19, 2015, with an order from the Central District of California granting Southwest Airlines Co.'s motion to dismiss in McKinley v. Southwest Airlines Co., United States District Court,...more

Overview and Analysis of Select Provisions of the ABI Chapter 11 Reform Commission Final Report and Recommendations - Part Three...

Earlier this year, Orrick’s Restructuring team began a three-part look at the American Bankruptcy Institute’s Chapter 11 Reform Report. In part one we looked at issues related to confirmation, valuation, financing and asset...more

Employment Law Letter - Spring 2015

In this Issue: - Is a Volunteer an Employee For Discrimination Law Purposes? - Don’t Use “Just Cause” Except In Union Contracts - Are Courts Getting Tough On Disability Claims? - Legal Briefs and...more

Federal Case Update| Mail and Carrier

Court Dashes Postmaster General’s Hopes That New Argument to Avoid Administrative Arbitration, Not Raised Below, Is Unwaivable Because It Goes to Subject-Matter Jurisdiction - Ruiz v. Donahoe - 2015 WL 1811810...more

PilieroMazza Legal Advisor - Second Quarter 2015

In This Issue: - Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road - Recent ASBCA Decision Opens Door to New Approach for Contractors Negotiating Collective...more

City of Waterbury v. Connecticut Alliance of City Police — A New Standard of Impartiality for Arbitrators in Interest...

The Superior Court’s decision in City of Waterbury v. Connecticut Alliance of City Police, could mark the emergence of a new standard of impartiality for party-selected arbitrators in Municipal Employee Relations Act [“MERA”]...more

WDW Not the 'Happiest Place on Earth' for Some Disney Performers

When three Walt Disney World performers complained that their "Lion King" character costumes were too dirty to wear for their upcoming performance they were fired last summer, but an arbitrator has now ordered their...more

SF Formula Retail Labor Protections Update: OLSE Holds Meeting to Give Overview of Ordinances

Yesterday, we attended a meeting at San Francisco City Hall where the Office of Labor Standards Enforcement (OLSE) gave an overview of the San Francisco Retail Labor Protections ordinances....more

Illinois Supreme Court to Decide If State’s Union Contract Conditioned on Appropriations

In the closing days of the March term, the Illinois Supreme Court agreed to wade yet again into the contentious and politicized area of public employee wages and benefits. State of Illinois v. American Federation of State,...more

Supreme Court Rules No Presumption of Lifetime Vesting of Retiree Health Benefits

The Supreme Court overturned the Sixth Circuit’s long-standing Yard-Man presumption, ruling that courts should apply ordinary contract principles to determine whether benefits have vested....more

Wisconsin Evens the Score by Becoming the Twenty-Fifth Right-to-Work State — So What Happens Now?

Wisconsin’s Legislature passed a “right-to-work” (RTW) law on Friday, March 6, 2015, and Wisconsin Governor (and possible presidential candidate) Scott Walker promptly signed the bill into law today. Wisconsin has now become...more

Wisconsin is Really Open for Business: Governor Signs New Right-to-Work Law

Wisconsin Governor Scott Walker’s motto is that Wisconsin is “open for business,” and he means it. On March 9, 2015, Governor Walker signed into law Senate Bill 44, which made Wisconsin the 25th right-to-work state in the...more

Why The Arbitration Award Against Adrian Peterson Was Vacated

A federal judge in Minnesota today vacated the arbitration award that confirmed the NFL’s discipline of Adrian Peterson.  You can read the decision here.  The judge found two separate bases for vacating the award: 1) the...more

U.S. Supreme Court Describes “Ordinary Principles of Contract Law”

In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.” ...more

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