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Law 360: Union Contract Preempts OT Fight With Rehab Center


A decision won by our Labor Group was featured in Law 360 articulating the basis which underlies Judge Dearie’s thoughtful and well-reasoned decision. This decision supports the argument we continuously advanced throughout this case that deference is to be afforded to collective bargaining process.  The decision also ensures that union employees will be held to terms and the processes set forth in their respective agreements.  Indeed, given this decision, employers in New York can be confident that courts will not arbitrarily overturn the terms of an agreement that is meant to benefit both employers and employees.

To read the full article, please click on the PDF icon above.




LIBN Who's Who? Intellectual Property & Labor Law 2.1.19


There are two growing areas of apparent need for our clients in 2019, Tabibi said. “First is data privacy. Because of the new General Data Protection Regulation, many of our clients turned to us to address GDPR and their internal privacy practices. With further privacy legislation anticipated, the privacy challenges are growing and will impact virtually every client.”

“Second are agreements involving software, the cloud and apps to power and improve our clients’ businesses as clients recognize the value and necessity of a digital business model. As a result of technology’s rapidly growing impact on business, it is important for companies to work with technology and legal professionals to ensure their new technology fits their business model and that their business operations and proprietary information are protected.”




LIBN Who's Who Intellectual Property and Labor Law 2.1.19


Waters believes there are two issues that will be “hot topics” in 2019. One is the United States Department of Labor’s (“USDOL”) “80/20” rule and the other is a potential increase to the salary basis test.




SHRM: Watch Out for Wage and Hour Requirements During Holidays


Christopher P. Hampton is quoted in the article below:
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/season-bonus.aspx

 




Bloomberg BNA: Latest Labor and Employment Cases for June 5, 2018 - "Wage Payment"


Superintendents and other property caretakers for a New York apartment rental company can’t add a claim for the company’s supposed failure to pay their agreed wage rate to their lawsuit for unpaid overtime and minimum wages. (Contrera vs. Langer)

For more information, click on the link below:
https://www.bna.com/latest-labor-employment-n73014476264/

 




LIBN: Harassment April 2018


When an employee comes forward with a sexual harassment complaint, it’s important for companies to take immediate action, attorneys and HR pros say.
“It’s incumbent on the company to conduct a swift, decisive investigation,” said Larry Martinez, partner and co-chair of the labor and employment practice group at Meltzer Lippe in Mineola.
Most companies have anti-harassment policies, but many are not adept at responding appropriately to a complaint.




SHRM: Salary History Bans Could Reshape Pay Negotiations


Many state and local legislatures are banning employers from asking job candidates about their past pay—and salary negotiations may never be the same. Christopher Hampton is quoted in the article below:

https://www.shrm.org/hr-today/news/hr-magazine/0318/Pages/salary-history-bans-could-reshape-pay-negotiations.aspx

 




New York Real Estate Journal: : Preliminary injunction issued against Oyster Bay apprenticeship code


A United States District Court Judge has issued a preliminary injunction against the Town of Oyster Bay preventing the town from further enforcement of apprenticeship requirements for contractors and developers.




Locust Valley Leader: Letter to Editor


In a decision of significant economic consequence to every contractor who operates in the Town of Oyster Bay, the Meltzer Lippe legal team recently won a temporary restraining order against the Town of Oyster Bay, which last September passed an ordinance which imposed a new requirement on contractors and developers seeking to perform work for which a permit is required on commercial properties of 100,000 square feet or more.




LIBN: Court puts brakes on Oyster Bay's apprenticeship law


On February 7, 2018 a preliminary injunction was issued against the Town of Oyster Bay, preventing the Town from enforcing apprenticeship program requirements as set forth in the Town Code against private construction projects for the duration of the case.

In a decision of significant economic consequence to every contractor who operates in the Town of Oyster Bay, Meltzer Lippe’s Labor & Employment legal team previously won a temporary restraining order against the Town of Oyster Bay, which last September passed an ordinance which imposed a new requirement on contractors and developers seeking to perform work for which a permit is required on commercial properties of 100,000 square feet or more. The Federal Court extended the TRO into the preliminary injunction. This permits all contractors to work on wholly private construction projects of any size within the Town regardless of whether they are affiliated with an apprenticeship program which meets the Town’s new requirements.

Meltzer Lippe’s litigation and the court’s decision has been recognized as a key victory and is strongly supported by Long Island businesses. Both the Association for a Better Long Island and the Long Island Builders Institute have issued public statements supporting the litigation and court’s decision. To read the full article, please click on the link below:

https://libn.com/2018/02/08/court-puts-brakes-on-oyster-bays-apprenticeship-law/