Stephen B. Moldof participates in a panel at the American Bar Association Conference on Equal Employment Opportunity Law in Coral Gables, FL on Precarious Employees

April 3-6, 2019

Stephen B. Moldof participated in a panel at the ABA National Conference on Equal Employment Opportunity Law in Coral Gables, Florida on April 5, 2019.  The session, titled “Precarious Workers: Will the U.S. Follow Europe’s Lead?”, focused on why foreign jurisdictions have taken the lead in dealing with the rights of precarious/atypical employees and on laws and new relationships forged by labor unions in the U.S. and the European Union to afford these workers’ rights and protections.

Kate Swearengen’s article on “Understanding Cultural Differences of Working Class and Professional Americans” published in the winter issue of the American Bar Association Section of Labor & Employment Law Newsletter

April 4, 2019

Kate Swearengen pens article for the winter issue of the American Bar Association Section of Labor & Employment Law Newsletter, “Understanding Cultural Differences of Working Class and Professional Americans.”  The article discusses the need for greater understanding of the cultural divide between urban professionals and non-urban working people.

A copy of the article is reprinted here with permission.

Kate M. Swearengen presents at the ABA Labor and Employment Law Section, Committee on the Development of the Law Under the NLRA’s 2019 Midwinter Meeting in Santa Monica, California

February 26, 2019

Kate M. Swearengen will present at the ABA Labor and Employment Law Section, Committee on the Development of the Law Under the NLRA’s Midwinter Meeting in Santa Monica, California on February 26, 2019.  She and her co-presenter, former National Labor Relations Board member Harry I. Johnson, III, will discuss their tips for practitioners handling National Labor Relations Act discrimination/retaliation cases in a presentation titled “Whose Burden is it Anyway?  East End Bus Lines and the Nexus Element under Wright Line.”

CWS Client Prevails on Appeal to Second Circuit of Decision Upholding Benefit Denial Based On Fraud

December 26, 2018

On December 26, 2018, the United States Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a business owner’s lawsuit against CWS clients, the Teamsters Local 282 Trust Funds, seeking benefits for which the owner failed to qualify due to his fraudulent behavior.  During an earlier lawsuit, the business owner admitted that he had paid employees in cash to avoid reporting their work hours to the Funds.  The Funds’ trustees also learned that the owner had remitted contributions on behalf of himself for work in employment covered by the collective bargaining agreement that he had not actually performed.  Based on this information, the trustees banned the owner from receiving health coverage and disregarded hours he had reported in an attempt to qualify for pension benefits.  The district court, applying de novo review, agreed with the trustees’ decisions, noting that the health plan’s fraud provision allowed for the ban and that the owner had failed to produce documents showing that he had performed work required to qualify for pension benefits.  The Second Circuit filed a Summary Order affirming the district court’s decision on December 26, 2018.  CWS attorney Tzvi N. Mackson represented the Funds in this matter.  The district court decision can be found here and the Second Circuit Order can be found here.

 

Cohen, Weiss and Simon LLP partner Peter DeChiara is quoted regarding the interplay of labor law and bankruptcy law in Daily Labor Report article entitled “Icahn-Trump Memo Revives Whether Bankruptcy Can Kill Union Pacts.”

January 2019

Cohen, Weiss and Simon LLP partner Peter DeChiara is quoted regarding the interplay of labor law and bankruptcy law in Daily Labor Report article entitled “Icahn-Trump Memo Revives Whether Bankruptcy Can Kill Union Pacts.” A link to the article can be found here (https://news.bloomberglaw.com/daily-labor-report/icahn-trump-memo-revives-whether-bankruptcy-can-kill-union-pacts).

 

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