The U.S. Court of Appeals for the Second Circuit decided on May 11, 2009 in the case of In re: Halpin, et al. that contributions an employer owes to a group of multiemployer benefit plans are not plan “assets” and, as such, the employer’s owner is not a fiduciary over these contributions. Therefore, the owner is not… Read more »
Labor News & Articles
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 »