Daniel Pasternak

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The Social Security Administration (“SSA”) recently announced that in 2019, it will restart its mismatch letter notification program.  Through “mismatch” letters, formally titled “Employer Correction Requests,” the SSA notifies employers that the social security number (“SSN”) and name reported for one or more employees does not match SSA records.  These notification letters advise employers that a SSN mismatch is not an assumption of SSN falsification or other misconduct.  Mismatches can be caused by typographical errors,…
On July 10, 2018, the National Labor Relations Board (NLRB) announced the launch of a new pilot program to enhance the use of its existing alternative dispute resolution (ADR) program. Since 2005, the NLRB has offered assistance to parties in settling unfair labor practice matters pending before the Board through ADR procedures.  According to the agency’s website, mediators helping participants through the ADR program have reached settlements in about 60 percent of cases, and all…
If confirmed, the Court would have a solid pro-business, pro-employer majority President Trump’s nomination on July 9, 2018 of District of Columbia Circuit Court of Appeals Judge Brett M. Kavanaugh to the U.S. Supreme Court – President Trump’s second nominee in just a year and a half  – is likely to make the top U.S. court the most business- and employer-friendly it has been in decades.  A graduate of Yale Law School, Judge Kavanaugh served…
By Wm. Michael Hanna, Emily R. Spivack, and Dylan Yepez On June 27, 2018, the United States Supreme Court decided in a 5-4 decision that public sector unions may no longer collect so-called “fair share” fees from non-members.  The decision will have broad implications for public sector unions and employers. Fair share fees are charged to individuals who fall within a bargaining unit, but choose not to join the union.  Typically, employers deduct…
It’s summertime in the U.S., school’s out, and employees are heading off to visit family, the beach, mountains, national parks, and everywhere else, which means it’s a good time for employers to review their vacation policies and practices. No federal or state laws require U.S. employers to provide employees with any vacation time, either paid or unpaid.  However, most employers do so, whether as a matter of policy or as required by a collective bargaining…
For the past six years, employers have challenged the National Labor Relations Board’s (“NLRB”) position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring employees to forego class and collective action and instead individually litigate their employment-related claims.  (Our prior coverage on this issue has been extensive – see here.)  After a long battle, the United States Supreme Court resolved the question in a highly anticipated decision on May 21, holding that…
Not pulling any punches, the United States Court of Appeals for the First Circuit recently issued a decision finding against a disabled former Burger King franchise employee, explaining that although its admittedly harsh decision was a “lesson straight out of the school of hard knocks,” “[n]o matter how sympathetic a plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side.” Caribbean Restaurants, LLC operates Burger King…
A unanimous decision by a three-member panel of the National Labor Relations Board (“NLRB”) recently found a New York City restaurant to have violated the National Labor Relations Act (“NLRA” or the “Act”) when it fired four employees after each of them emailed a group of other restaurant employees and owners expressing their positions on various workplace complaints. The case began when a former employee of Mexican Radio Corp., operator of several New York restaurants (and apparently…
With a 50-48 vote along party lines, on April 11, 2018, the United States Senate confirmed management-side labor lawyer John Ring as the newest member of the National Labor Relations Board.  With Member Ring’s confirmation, the NLRB is now back to full strength with five members, comprised of three Republican-nominated members and two Democrat-administration appointees.  This Republican majority is anticipated to roll back many of the NLRB decisions and policies issued by the Board during…
As we blogged earlier this year, in March 2018, the United States Department of Labor (DOL) announced a new program, referred to as PAID (or, Payroll Audit Independent Determination), under which employers may voluntarily apply for DOL assistance in resolving potential claims for wage underpayment under the federal Fair Labor Standards Act (FLSA).  As previously discussed in our blog post, this pilot program will last six months, during which time the DOL will analyze how…