Labor News & Articles

401(k) Alert – September 2009

Clients should take notice of new issues facing 401(k) plans.  Attached is a memorandum addressing current 401(k) plans that administrators should be aware of:  401(k) Alert Sept 2009 Please feel free to contact one of our attorneys with any questions on this issue at 631-249-6565.

Davis Bacon Act Mandates Apply to All ARRA Projects

Section 1606 of the American Recovery and Reinvestment Act of 2009 (“ARRA”) requires that the Davis-Bacon Act prevailing wage standards apply to all federal and federally-assisted construction work funded in whole or in part by the ARRA. On May 29, 2009, the U.S. Department of Labor Wage and Hour Division (“WHD”) released written guidance to… Read more »

NYS DOL Joint Taskforce on Misclassification Issues Annual Report

The New York State Joint Employment Taskforce on Employee Misclassification has issued its annual report.  The Taskforce — created in September 2007 by then Governor Spitzer pursuant to executive Order 17 — is tasked with investigating and enforcing misclassifaction matters in employment. A copy of the report may be viewed here:  NYS DOL Misclass Report… Read more »

Charter Schools Decision

By decision dated April 2, 2009, the New York State Appellate Division, Third Department — New York’s second highest court — overturned a trial court’s finding that Charter Schools are subject to the New York State prevailing wage law.  It late 2007, the New York State Department of Labor had issued an opinion that all… Read more »

Important Supreme Court Decision with Collective Bargaining Implications

The U.S. Supreme Court recently issued a decision that could put unions in the position of agreeing to pursue the individual discrimination claims of bargaining unit employees under such statutes as the Civil Rights Act, the Americans with Disability Act, the Age Discrimination in Employment Act, and the Family and Medical leave Act, through the… Read more »

Employee Free Choice Act Introduced in Congress

On March 10, 2009, the United States Congress introduced the Employee Free Choice Act.  The legislation gives workers the choice of whether to form a union either through majority signup or an NLRB election.  The bill would also strengthen penalties for violations against workers who are trying to organize or negotiate a first contract, and… Read more »

Brookhaven Adopts Apprenticeship Requirement for Private Development

The Town of Brookhaven has adopted new section to the Town’s building code requiring that all construction of over 100,000 square feet must be performed by contractors with an apprenticeship training program approved by the New York State Department of Labor.  The new building code section, section 16-3.1, may be viewed here:   Brookhaven Apprenticeship… Read more »

DOL Taskforce Arrests Monroe County Contractors for Misclassification of Workers February 26, 2009

MONROE COUNTY CONTRACTORS ARRESTED ON CHARGES OF FRAUDULENTLY MISCLASSIFYING EMPLOYEES Investigation Conducted by New York State Joint Enforcement Task Force on Employee Misclassification; Workers Deprived of Required Employee Protections While Employers Secure Unfair Competitive Advantage   Albany/Rochester, NY (February 26, 2009) – In separate cases, two Rochester-based contractors were charged this week for crimes arising… Read more »