Lisa M. Gomez is quoted in an article in BNA Bloomberg Law’s Pension & Benefits Daily

July 26, 2017

Lisa M. Gomez was quoted in a recent article in BNA Bloomberg Law’s Pension & Benefits Daily titled After Military Ban, Are Transgender Health Protections Next?  The article discussed the potential implications or signals that Trump’s tweet regarding a ban on transgender individuals from serving in the military could have upon transgender health protections in the new adminstration.  A copy of the article can be found here.

 

Labor and Employment Law Alert: New York Paid Family Leave Law

July 26, 2017

Last year, New York State enacted a law that will require employers to provide paid family leave benefits to eligible employees through the purchase of paid family leave insurance.  The Law will require employers to provide the leave beginning January 1, 2018, and the leave will be fully funded through employee payroll deductions.  This Alert summarizes the key aspects of the Law and the Law’s accompanying regulations.

Cohen, Weiss and Simon LLP moves to 900 Third Avenue!

July 24, 2017

We are pleased to report that, as of July 24, 2017, Cohen, Weiss and Simon LLP moved our offices to 900 Third Avenue, New York, NY.  After almost four decades on the West Side, we are returning to Third Avenue, where we were located many years ago. Our new offices are conveniently located on Third Avenue between East 54th and 55th Streets.  Our telephone and facsimile numbers and e-mail addresses remain the same.  We are excited about moving forward in our new space, and welcome any questions you may have regarding our new location.

New York’s High Court Holds City Agency Must Give Union Information Relevant to Grievance

June 13, 2017

An important decision by New York’s high court has affirmed that when a union files a grievance against a city agency, it also has a right to information relevant to the grievance.

In 2009, the New York City Human Resources Administration (“HRA”) disciplined two of the nurses it employed.  The New York State Nurses Association (“NYSNA”) filed a grievance and requested information relevant to the grievance.  The New York City Board of Collective Bargaining (“BCB”) held that HRA violated New York City labor law by refusing to respond to NYSNA’s information request.  HRA challenged that decision in state court, and in 2013 a trial judge annulled the BCB decision.

In 2015, a state appeals court reversed, holding that the union had a right to the information.  HRA then appealed to the New York’s highest court, the New York Court of Appeals.

On June 8, 2017, the New York Court of Appeals affirmed the appeals court decision, holding that the agency had to provide the union information relevant to the grievance.  The court rejected HRA’s contention that providing information to unions would “bog down” the grievance process.

Cohen, Weiss and Simon LLP partner Joseph Vitale litigated the appeal for NYSNA.

 

Jani K. Rachelson and Marcelle J. Henry participate in the faculty for the International Foundation of Employee Benefit Plans’ course on Essentials of Multiemployer Trust Fund Administration in Brookfield, Wisconsin.

June 5-9, 2017

Jani K. Rachelson and Marcelle J. Henry will participate in the faculty for the International Foundation of Employee Benefit Plans’ course on Essentials of Multiemployer Trust Fund Administration in Brookfield, Wisconsin on June 5-9, 2017. They will give presentations on the “Legal and Regulatory Environment” and “Overview of Insurance for Funds, Trustees and Administrators”.

Labor and Employment Law Alert: NYC Law Restricts Employer Inquiries into Job Candidates’ Salary History effective October 31, 2017

May 22, 2017

On May 4, 2017, New York City Mayor Bill de Blasio signed into law a bill that prohibits New York City employers from inquiring into or relying on a job applicant’s salary history in determining salary, benefits, or other compensation.  The purpose of the law, which will take effect on October 31, 2017, is to reduce the likelihood that women will be prejudiced by prior compensation levels, thereby helping to narrow the gender pay gap. [Read More]

Stephen B. Moldof participates in a panel at the American Bar Association Section of Labor & Employment Law’s International Labor and Employment Law Committee Midyear Meeting in Dublin, Ireland

May 10, 2017

Stephen B. Moldof will moderate and participate in a panel at the American Bar Association Section of Labor & Employment Law’s International Labor and Employment Law Committee Midyear Meeting in Dublin, Ireland on May 10, 2017.  Mr. Moldof will participate in a panel titled The Legal and Other Challenges to the “Gig Economy” around the Globe: What’s the Score?” which will discuss the status of statutory, regulatory and court-based challenges to, as well as organizing drives directed at, “app-driven” businesses and their alternative work models in various countries, and solutions that are being crafted in an effort to compromise the clashing interests of stakeholders in those disputes.  The panel will also address how regulation of those businesses, as well as companies using contingent, temporary or zero hours workforces, may be affected by the changing political landscapes in the U.S., U.K., E.U. and elsewhere.

Wendy M. LaManque publishes an article in the Spring 2017 issue of the New York State Bar Association Labor & Employment Law Journal.

May 3, 2017

Wendy LaManque’s article, From Dissent to Majority: What Labor Lawyers Might Expect From the NLRB, has been published in the Spring 2017 issue of the New York State Bar Association Labor & Employment Law Journal.  This article addresses three issues likely to come before the Board in the next few years: the joint employer standard; whether graduate students enjoy collective bargaining rights under the NLRA; and the procedures to be followed in Representation cases.  A copy of the article can be found here: http://www.nysba.org/WorkArea/DownloadAsset.aspx?id=72271

Kate M. Swearengen’s article, E.I. DuPont and Manhattan Beer: How Far Do Weingarten Rights Extend? A Union Perspective, has been published in the Fall 2016 issue of the ABA Journal of Labor & Employment Law

April 13, 2017

Kate M. Swearengen’s article, E.I. DuPont and Manhattan Beer: How Far Do Weingarten Rights Extend? A Union Perspective, has been published in the Fall 2016 issue of the ABA Journal of Labor & Employment Law.  The article discusses two recent National Labor Relations Board cases on unionized workers’ rights to representation in employer disciplinary investigations.  A copy of the article can be found here.

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