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Recent Developments

This category contains 40 posts

Vernace v. Port Authority

Employers cannot retaliate or discriminate against an employee who has filed a complaint with the Occupational Safety and Health Administration (OSHA) under the Federal Rail Safety Act of 1982 (FRSA). Laura Vernace filed a complaint with OSHA alleging that the Port Authority Trans-Hudson Corporation (PATH), her employer, retaliated against her by intimidating and threatening her … Continue reading »

Matter of 833 Central Owners Corp. and Local 621, United Workers of America

An employer’s use of implied benefits to an employee, coupled with the threat of discharge and reprisals in an effort to coerce him into refraining from union activity, violates the National Labor Relations Act (“the Act”). At an arbitration hearing between the union and employer, a new employee failed to testify on behalf of the … Continue reading »

OUR Walmart Advice Memorandum

A union that is not seeking a recognitional or organizational objective is not violating section 8(b)(7)(C) of the National Labor Relations Act (“NLRA”), when it pickets a business in excess of the 30-day statutory limit. Walmart Stores, Inc. filed unfair labor practice charges against Making Change for Walmart and Organization United for Respect (“OUR”) Walmart, subsidiaries … Continue reading »

Leeson v. Transamerica Disability Income Plan

Whether a litigant is a participant for purposes of Employment Retirement Income Security (“ERISA”) is a substantive element of their claim, not a prerequisite for subject matter jurisdiction.  After separating from an employer Petitioner Jack Leeson (“Leeson”), a former employee of Respondent Transamerica Corporation, filed an action under ERISA to challenge the termination of his … Continue reading »

The Memorial Hosp. of Salem County & Health Professionals & Allied Employees

A fairly elected labor organization is entitled to bargain with organizations or businesses on behalf of union employees regardless of the organization or business’s objections.  The Union won a representation election conducted at Salem Hospital and soon after requested bargaining with Respondent who refused to meet and bargain with them.  Section 8(a)(5) of the Act … Continue reading »

OSHA Procedures for the Handling of Retaliation Complaints under Section 219 of the Consumer Product Safety Improvement Act of 2008

This new rule from the Occupational Safety and Health Administration (OSHA) establishes the finalized procedures for the handling of retaliation complaints under Section 219 of the Consumer Product Safety Improvement Act (CPSIA) of 2008. OSHA responded to comments from The National Whistleblower Center (NWC), the Government Accountability Project (GAP), and Todd Miller requesting provision clarifications … Continue reading »

In Re New York Party Shuttle, LLC

Employer was found to have terminated an employee in violation of the National Labor Relations Act when the employee used email and social media to try and start a union. Pflantzer was fired after he contacted other employees about starting a union and posted on a closed facebook page for NYC Tour Guides and sent … Continue reading »

Advilda Loubriel v. Fondo Del Seguro Del Estado

The First Circuit held that the 90 day period to file a suit under 42 U.S.C. § 2000e-5(f) (1) begins when either the claimant or the claimant’s attorney receives an EEOC right-to-sue letter. In this case, the right-to-sue letter was issued on May 8th, 2008 but the plaintiff claimed that she did not receive it … Continue reading »

Omar v. Al Masar Transp. Co.

Although Section 9(b) of the Longshore and Harbor Workers’ Compensation Act provides for death benefits for the widow of a decedent, it does so only in cases where the widow was living with, dependent upon, or separated from the decedent for a justifiable cause or by reason of desertion at the time of his death. … Continue reading »

George v. Junior Achievement of Ctr. Ind., Inc

The Court interpreted the term “inquiry” in Section 510 of ERISA broadly to include an informal interchange of questions from an employee to an employer. Here, the Plaintiff had notified his employer that it had breached its fiduciary duty by failing to deposit his withdrawn money into his retirement account; the employer responded by depositing … Continue reading »

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