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Recent Legislation Defines Prohibited “Coordination” Between Candidates and Super PACs. As part of its effort to increase oversight and disclosure of independent expenditures, the New York State legislature recently passed Bill Number A10742/S08160, a copy of which can be found on the New York State Senate website.  The bill amends the New York State Election …

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IMPORTANT RECENT LEGISLATION DEPARTMENT OF LABOR’S NEW OVERTIME REGULATIONS   On May 18, 2016, the U.S. Department of Labor published the new overtime regulations that will go into effect on December 1, 2016. Previously, an employee was considered exempt from overtime pay if their salary level exceeded $455 per week ($23,660 per year) and they held …

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AMERICAN BAPTIST HOMES: REINTERPRETING THE EMPLOYER’S INDEPENDENT UNLAWFUL PURPOSE By Nicholas Graziano Under Board law, there are two distinct types of labor strikes, granting strikers different rights when they wish to return to work at the end of a strike period.[1]  If the object of a strike is to obtain economic concession such as higher …

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FRIEDRICHS V. CTA: AGENCY FEES SECURE, FOR NOW By: Nicholas GrazianoThe United States Supreme Court recently affirmed the Ninth Circuit Court of Appeals, holding agency fees paid to the California Teachers’ Association (“CTA”) by non-union members in place of membership dues does not violate the non-union members’ free speech rights under the First Amendment.  This …

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THE NLRB’S NEW JOINT EMPLOYER TEST AND ITS IMPACT ON UNIONS AND NEW YORK STATE AND CITY HUMAN RIGHTS LAWS A recent NLRB decision, Browning-Ferris Industries of California, Inc. dramatically expanded the joint employer standard and overturned over thirty years of case law. The Board eliminated the requirement that an alleged joint employer must actually exercise direct …

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Harris v. Quinn: Quasi-Public Employees not Subject to Agency Fees In 1977, the Supreme Court approved in Abood v. Detroit Board of Education, the agency fee arrangement which requires that non-union members to pay their “share” of the costs of bargaining and contract administration due to a union’s duty to fairly represent all of the …

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Changes to Federal Election Commision Regulations regarding labor organizations and independent expenditures Changes to Federal Election Commission regulations 5-2015

New York City Campaign Finance Board Independent Expenditure Legislation This memo is intended to serve as a summary of the recent legislative change to the definition of an “independent expenditure”, as found in the New York City Charter. The bill was meant to counteract an overly-broad interpretation of the law by the New York City …

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DISCLOSURE OBLIGATIONS FOR SERVICE PROVIDERS ERISA SECTION 408(b)(2)DISCLOSURE OBLIGATIONS FOR SERVICE PROVIDERS On July 1, 2012, the United States Department of Labor’s (“DOL”) final regulation on ERISA Section 408(b)(2)(found at 29 C.F.R. Section 2550.408b-2) went into effect. The regulation requires organizations that provide services to ERISA-covered defined benefit and contribution plans to disclose to plan …

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UTILIZING NY LIEN LAW ARTICLE 3-A In the never-ending battle between construction industry employee benefits funds and delinquent employers, every possible avenue must be explored to assist Trustees in fulfilling their fiduciary duties to collect unpaid contributions. Employers are obligated, pursuant to their respective collective bargaining agreements, to remit payments (usually on a weekly basis) …

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