News & Analysis as of

Collective Bargaining Agreements (CBA) Employee Benefits Unions

Carlton Fields

Second Circuit Vacates Decision Denying Arbitration

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The Second Circuit Court of Appeals recently vacated a decision holding that a union could not compel arbitration of a grievance related to an expired collective bargaining agreement....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Renders Important Decision on Vested Retiree Benefits

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Conn Maciel Carey LLP

Game Changer for Pension Withdrawal Liability: Seventh Circuit Orders Return of Withdrawal Liability Payments

Conn Maciel Carey LLP on

Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in...more

Fisher Phillips

Union Pension Fund Can’t Have It Both Ways: Federal Appeals Court Orders Fund to Repay Employer $2 Million

Fisher Phillips on

In a classic man-bites-dog turnaround, a federal appeals court ordered a Teamsters pension fund to return approximately $2 million in withdrawal liability payments to an employer that had stopped contributing in 2005. The...more

Lowenstein Sandler LLP

Multiemployer Pension Plans: Mitigating Risk in the Context of a Business Transaction

Lowenstein Sandler LLP on

Andrew Graw, Taryn Cannataro, and Jessica Kriegsfield of Lowenstein Sandler's Employee Benefits and Executive Compensation Practice Group address multi-employer pension plans in the context of a business transaction,...more

Fisher Phillips

Court Orders Employer to Jail Unless He Complies with Union Fringe Benefit Fund Audit Request

Fisher Phillips on

Employers are far behind the eight ball when union fringe benefit funds come knocking to audit or collect claimed delinquent contributions – and a recent decision from an Oregon federal judge means that employers could face...more

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

CDF Labor Law LLP on

CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

CDF Labor Law LLP

[Webinar] Tackling Key California Labor and Employment Law Issues in Acquisitions & Mergers - August 30th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on

CDF Labor Law LLP presents an interactive panel discussion that will cover California transactional and employment law issues triggered by mergers and acquisitions. Richard Weintraub, of Weintraub Law Group, will share his 40...more

Constangy, Brooks, Smith & Prophete, LLP

Women’s Soccer League CBA shows remarkable cooperation with Union

The players drive the League. In January, the nine-year-old National Women’s Soccer League announced it had agreed to its first-ever collective bargaining agreement with the union representing its players, the National...more

BakerHostetler

[Ongoing Program] Master Class 2022 Wrap-Up - May 3rd, 2:00 pm - 3:00 pm ET

BakerHostetler on

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

BakerHostetler

[Ongoing Program] Opening Plenary Session – The ‘New’ Normal: The State of Labor Relations and Employment Law - February 1st, 2:00...

BakerHostetler on

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Carlton Fields

Unopposed Motions to Confirm Arbitration Awards Are Treated As Motions for Summary Judgment

Carlton Fields on

A court granted an unopposed motion to confirm an arbitration award in favor of the Drywall Tapers and Pointers of Greater New York Local Union 1974. The award stemmed from CCC Custom Carpentry’s apparent failure to remit...more

Proskauer - Employee Benefits & Executive...

Third Circuit Rejects Claim for Lifetime Medical Benefits

Several retired employees of Dominion Energy Transmission, Inc. sued their former employer alleging that they were entitled to lifetime healthcare benefits, and the unilateral changes made by Dominion to their post-retirement...more

Gerald Nowotny - Law Office of Gerald R....

When Dr. Strangelove Met Jimmy Hoffa

Collective Bargaining Exemption to create a win-win situation for business owners and employees. ...more

Epstein Becker & Green

#WorkforceWednesday: Coronavirus Tough Questions – Furloughs and Reductions, Unionized Workforces, Employee Benefits - Employment...

Epstein Becker & Green on

It's #WorkforceWednesday. Over the last week, employers faced tough questions stemming from the coronavirus pandemic. The week’s top workforce management and employment law news addresses these concerns: Furloughs or...more

Fisher Phillips

Newly Updated Workplace FAQs For Healthcare Providers And 8-Point COVID-19 Action Plan

Fisher Phillips on

The healthcare industry is truly on the front lines of the nation’s and the world’s response to COVID-19. As a result, healthcare providers, their employees, and affiliates are likely already well-versed on the virus and how...more

Fisher Phillips

WNBA Players Get Compensation and Benefits Boost in Groundbreaking Deal

Fisher Phillips on

The Women’s National Basketball Association and the union representing its players recently agreed to tentative terms of a new collective bargaining agreement, which will revamp players’ salary and benefits this season and...more

Proskauer - Labor Relations Update

NLRB Dumps Longstanding “Clear and Unmistakable Waiver” Standard for More Employer-Friendly “Contract Coverage” Test

As we near the end of the agency’s fiscal year on September 30, the NLRB is churning out many significant decisions. On September 10, the Board issued a sweeping decision concerning an issue that has divided the NLRB and D.C....more

Stoel Rives -  Ahead of Schedule

Understanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments

If you use union employees in your projects, you may contribute to a multiemployer pension plan—perhaps a few cents or few dollars per hour worked. However, some employers are surprised to learn they could be assessed with...more

Stinson - Benefits Notes Blog

Casino Group’s Gamble on Partial Withdrawal Liability Hits Jackpot

Companies that contribute to multiemployer pension plans are often rightfully worried that corporate restructurings may inadvertently trigger either a complete or a partial withdrawal from the plan. A recent case out of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Explains When Granting Benefits to Nonunion Employees and Withholding the Same From Union Workers Can Be Lawful

On May 7, 2019, the National Labor Relations Board issued a decision that will be welcomed by employers desiring to maintain differences in the benefits provided to their union and nonunion employees. In Merck, Sharp & Dohme...more

Polsinelli

Buyer Beware: Successor Employer Required by Court to Continue Retiree Health Benefits Under Language in Contract

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Mergers and acquisitions can be complicated transactions, particularly when the entity to be acquired has employees covered by a collective bargaining agreement with a union. ...more

Epstein Becker & Green

New Jersey Becomes First State to Require Employers to Offer Pre-Tax Transportation Fringe Benefits

On March 1, 2019, when Governor Phil Murphy signed into law Senate Bill No. 1567, “An Act concerning pre-tax transportation fringe benefits” (“NJ Transit Benefits Law” or “Law”), New Jersey became the first state to require...more

Polsinelli

NLRB Approves Unilateral Benefits Changes Consistent with Past Practice

Polsinelli on

In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ruled that E.I. DuPont De Nemours and Company (“DuPont”) did not violate the National Labor Relations Act ( “Act”) by implementing unilateral changes...more

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