In a major decision affecting unions, a divided New York Court of Appeals upheld the controversial defense in a duty of fair representation case. Kenneth L. Wagner, a partner at Blitman & King, argued the case on behalf of the union and its business agent. To learn more about this important decision and read Ken’s […]
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.
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 […]
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 […]
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."
We all know that winning at the NLRB is hardly the end of the story
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 Basic Rules for Service Providers
