The IRS Employee Plans Compliance Unit (ECPU) is conducting a compliance review of nonqualified deferred compensation plans commonly known as “top hat” plans established under Internal Revenue Code Section 457(b). The ECPU is looking for possible compliance irregularities related to funding, loans, catch-up contributions and plan sponsor eligibility. If you receive an ECPU compliance letter […]
The United States District Court for the Southern District of New York recently dismissed the claim of a multi-employer health fund for reimbursement of approximately $100,000 from a student accident insurance provider. In Central States Southeast and Southwest Area Health & Welfare Fund v. Gerber Life Insurance Co., the Fund filed an action under ERISA […]
Recently we successfully represented a group of approximately 60 retirees before the Pension Benefit Guaranty Corporation (“PBGC”). The PBGC had significantly reduced the pensions of the group due to a Plan Amendment that allegedly increased benefits within five years of Plan termination – – a violation of PBGC rules. Based on lengthy negotiations between this […]
In a decision impacting safety-minded unions in New York, a New York Supreme Court Justice dismissed with prejudice a contractor’s claims against a local roofers union for “inducing” OSHA inspections which uncovered workplace safety violations. Brian J. LaClair, a partner at Blitman & King, handled the case on behalf of the local union. To learn more […]
The U.S. Court of Appeals for the Second Circuit Jan. 17 enforced a National Labor Relations Board decision that Rochester Gas & Electric Corp. vio- lated federal labor law when it refused to bargain over the effects of its policy change regarding corporate van use and failed to provide the workers’ union with re- quested […]
A federal judge approved Oct. 11 a $42 million settlement between JPMorgan Chase & Co. and a class of approximately 3,800 loan processors regarding overtime pay claims under the Fair Labor Standards Act and state law (Davis v. J.P. Morgan Chase & Co., W.D.N.Y., No. 01-6492, final approval of settlement 10/11/11). Judge David Larimer of […]
The U.S. Court of Appeals for the Second Circuit held Nov. 12 that a petition filed by an Interna- tional Brotherhood of Electrical Workers local complied with electronic filing procedures and satisfied the requirement that the National Labor Relations Board be served with a petition ‘‘stamped by the court with the date of filing’’ (Local […]
Bullying in the workplace is not a new phenomenon. However, in recent years much attention has been paid to workplace bullying and the problems it poses for employees and employers alike. In the unionized workplace, there is, of course, another party involved: the union. This paper addresses some of the union’s rights and responsibilities with […]
Nathaniel Lambright, a partner in Blitman & King's Labor Practice, was named a Co-Chair and Executive Committee Member of the Public Sector Labor Relations Committee of the New York State Bar Association. In his new role, Nat will help to shape not only the direction of the Public Sector Labor Relations Committee but, more generally, labor law relations in the public sector.
Blitman & King attorneys will be presenting at the American Bar Association’s 7th Annual Labor and Employment Law Conference taking place on November 6–9, 2013 in New Orleans, Louisiana. Brian J. LaClair, an associate with the Firm will present Bullies in the Workplace at the conference while former Chair of the ABA’s Section of Labor […]