News & Analysis as of

Just Cause Arbitration

Miller Canfield

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

Miller Canfield on

Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

Carlton Fields

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

Carlton Fields on

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

Cozen O'Connor

A Fast Food Employer’s Guide to NYC’s Recently Upheld Wrongful Discharge Law

Cozen O'Connor on

The New York City Fair Workweek Law was initially enacted in 2017 to expand wage and hour protections for employees working at fast food businesses. On December 17, 2020, the City Council amended the Fair Workweek Law by...more

Fisher Phillips

New York City Passes “Just Cause” Legislation For The Fast Food Industry, Greatly Increasing Workplace Protections For Employees

Fisher Phillips on

The New York City Council just passed two bills (Int. 1396-A and 1415-A) that limit when a fast food employer can discharge fast food employees, only permitting terminations for “just cause” or for a “bona fide economic...more

Constangy, Brooks, Smith & Prophete, LLP

New York City Set To End At-Will Employment For Fast Food Workers

On December 17, the New York City Council passed two bills that will fundamentally alter the terms and conditions of employment for fast food employers in the city. Mayor Bill de Blasio is expected to sign both bills. In a...more

Jackson Lewis P.C.

New York City Council Passes Legislation Expanding New York City’s Fair Workweek Law

Jackson Lewis P.C. on

The New York City Council has passed two bills, Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers. These bills...more

Seyfarth Shaw LLP

Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

Seyfarth Shaw LLP on

Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more

Pullman & Comley - Labor, Employment and...

The Appropriate Punishment for Actual and Perceived Threats in the Workplace-Take Two; the Appellate Court (Sensibly) Speaks

Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially issued on October...more

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