Labor News & Articles

On September 8, 2009, the Governor signed a bill meant to ensure the prompt payment of wages owed to workers and contractors on private construction projects.  Titled “an act to amend the labor law and the general business law, in relation to the prompt payment of employees and contractors engaged in private construction projects,” the… Read more »

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.

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 »

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 »

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 »

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 »

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 »

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 »