Monday, August 20, 2018

Will Judge Kavanaugh Be Confirmed and What Type of Justice Will He Be?

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Next month Judge Kavanaugh confirmation hearings will start and you can expect political bickering and argument from both sides of the aisle...
Monday, August 13, 2018

Is The Janus Ruling Retroactive?

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The Supreme Court recently held that an Illinois agency fee statute which mandated that non-union members pay an amount equivalent to union ...
Thursday, June 28, 2018

Janus Presents Opportunities For Private Attorneys To Participate In Union Proceedings

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On June 27, 2018, the Supremes held in Janus v. AFSCME , 585 U.S. ___(June 27, 2018), that agency fee statutes violated the First Amendment....
Thursday, June 7, 2018

2d Circuit Holds Union Speech Can Be Protected By The First Amendment

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Montero v. City of Yonkers, ___F.3d___(2d Cir. May 16, 2018), is an important First Amendment decision.  http://www.ca2.uscourts.gov/decisi...
Monday, May 21, 2018

Supremes Uphold Class Action Waivers

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On May 21, 2018, the Supreme Court issued its long-awaited decision in Epic Systems v. Lewis, ___U.S.___(May 21, 2018). The issue in the c...
Monday, April 23, 2018

2d Circuit Reviews Manifest Disregard of the Law Standard in Labor Arbitration

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Chelsea v. N.Y. Hotel and Motel Trades Council , ____F.3d____(2d Cir. April 3, 2018), is brought to readers attention because it is a recent...
Monday, April 16, 2018

Governor Signs Into Law Major Legislation Narrowing A Unions Duty of Fair Representation

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On April 12, 2018, Governor Cuomo signed Chapter 59 of the Laws of 2018 into law which amends the Taylor to narrow a public sector unions du...
Friday, April 6, 2018

Supremes Refuse To Interpret FLSA Exemptions In A Narrow Fashion

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On April 3, 2018,  the US Supreme Court decided  Encino Motorcars v. Navarro   and decided 5-4, that FLSA exempts a service adviser at a car...
Thursday, March 29, 2018

Challenge to NYS Tenure Survives a Motion to Dismiss

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In  Davids v. State , ____A.D. 3d____ (1st Dep't. March 28, 2018), Plaintiffs in this consolidated appeal brought an action claiming th...
Tuesday, February 27, 2018

2d Circuit Issues Major En Banc Decision Holding Sexual Orientation Protected Under Title VII

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Zarda v. Altitude Express, Inc ., ___F.3d___(2d Cir. Feb. 26, 3018) (en banc), is a major decision that is undoubtedly on its way to the U.S...