Author Archive
Understanding Executive Retention Agreements | Employment Law
The use of Executive Retention Agreements (“Agreement” or “Agreements”) generally occurs in two broad situations. First, the agreement is a reward in recognition of the executive’s significant contribution to the creation of value and leadership within the company. Alternatively, an executive may know or suspect their employer is going to be acquired or their employment security is in danger for another reason outside of the executive’s control.
Executives of Nonprofits and Tax-Exempts Under ScrutinyUnlawful Terminations and the Impact of Recent Court Decisions | Employment Law
The Internal Revenue Service and other governmental agencies are scrutinizing the pay practices of nonprofit organizations. Specifically, federal and state initiatives, trends and best practices are placing nonprofit organizations under pressure to disclose and justify the executive compensation programs. It is particularly important that executives of nonprofit organizations have their contracts for executive compensation reviewed […]
New York Court of Appeals Upholds Martin Rule Defense and Clarifies its Applicability to Duty of Fair Representation Claims
In a just‐issued major decision, the New York Court of Appeals upheld a union’s use of the so‐called Martin rule defense against the plaintiff’s duty of fair representation (“DFR”) claims. Under the Martin rule, an unincorporated association cannot be held liable unless the plaintiff alleges, and proves, that every member of the association authorized or […]
“No” Means “No” When a Party “Really” Says So | Employment Law
The National Labor Relations Board (Board or NLRB) has long held that the purported waiver of a party's statutory rights under the National Labor Relations Act (Act) is effective if and only if the relinquishment was "clear and unmistakable."
Protecting a Union’s Rights | Employee Benefits
We all know that winning at the NLRB is hardly the end of the story
Unlawful Terminations and the Impact of Recent Court Decisions | Employment Law & Employee Benefits
Daniel E. Kornfeld, and Brian LaClair--a Partner and Associate, respectively, in Blitman & King's Labor and Employment Practice--recently discussed unlawful terminations and the impact of recent court decisions at Blitman & King's 22nd Annual Labor & Employment Seminar. The discussion included the continued impact of the U.S. Supreme Court's decision holding that verbal complaint may support a claim for retaliation under the Fair Labor Standards Act (FLSA).
The Basics of the New Disclosure Rules for Service Providers | Employee Benefits
The Basic Rules for Service Providers