[WEBINAR] Creating an Accessible City
It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more
The Maryland Legislature passed recent legislation affecting Continuing Care Retirement Communities (“CCRCs”) which becomes effective October 1, 2024. Under this new legislation, CCRC providers must: •Post the most...more
This is part one of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more
New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more
In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more
In Rayonier v Unifor, Locals 256 and 89, 2022 CanLII 75226 (ON LA), a union filed an individual grievance on behalf of an employee who died at age 66 while still an active employee. This grievance alleged that the employer...more
In TC, Local 213 and Wolseley Canada Inc (“Wolseley”), the arbitrator enforced a collective agreement’s time limit clause to dismiss an untimely grievance. This decision is a rare example of an employer successfully enforcing...more
Suffolk County Adjusted Grievance Filing Deadlines are now set. Each Town in Suffolk County has moved its grievance filing deadlines and some have altered their filing procedures as well....more
In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a part-time restaurant employee in Ontario, Canada with two years’ seniority was discharged from her employment because her...more
The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more
The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more
In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more
On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more
Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more
Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more
A grievance is defined as “a real or imagined wrong or other cause for complaint or protest.” In the employment process, grievances would likely be limited to workplace issues....more
Dual Special Needs Plans - This part 6 of our 7 part series focuses on the provisions regarding dual special needs plans (“D-SNPs”) released by the Centers for Medicare and Medicaid Services (“CMS”) in the proposed rule...more
Employers subject to collective bargaining relationships often complain about the time they spend responding to objectively meritless grievances. ...more
Summer might be coming to a close, but labor unions continue to feel a rise in temperature. Unions can expect to face a change in how the National Labor Relations Board’s Regional Offices will handle duty of fair...more
We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more
Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment,...more
This webinar by Best Best & Krieger LLP Partner Michael Maurer covers the basic requirements of the Americans with Disabilities Act as it relates to public facilities, with an emphasis on the public right of way. Michael...more
In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more
In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more
Employers must tread carefully when communicating with employees during union organizing campaigns. A seemingly innocuous question can violate the National Labor Relations Act’s (NLRA) prohibition on employers soliciting...more