Matthew Miklave

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I am a partner in the Labor, Employment, Benefits + Immigration Group at Robinson+Cole working out of our New York and Stamford offices. I represent employers and management in all areas of civil rights, employment relations, and traditional labor law, including issues arising under federal and state antidiscrimination, antiretaliation, noncompete and restrictive covenants, labor, wage and hour, plant closing, family leave, retirement, election, and civil rights statutes. You can read my full firm bio here.

I often serve as lead negotiator advising employers with respect to union-management labor negotiations and providing advice and counsel for labor and employment matters involving mergers, acquisitions, and reorganizations. Earlier in my career, I served as counsel to the National Labor Relations Board, in Washington, DC; as trial attorney to the NLRB’s Regional Office in Brooklyn, New York; and as hearing officer in numerous union-management representation matters.

Latest Articles

The United States Department of Labor finally published its proposed regulation raising the minimum salary to be paid under the “white collar” exceptions to the Fair Labor Standards Act.  To refresh your recollection, virtually every worker must be paid at least minimum wage (currently $7.25 per hour under federal law, with many states having a higher minimum wage) and overtime for all hours worked in excess of 40 hours per week.  Certain employees are “exempt”…
  Manufacturers and those in the supply chain may have been watching as the federal courts and the National Labor Relations Board struggle to make sense out of widely different views of the “joint employer” standard.  Whatever result is ultimately reached will carry significant implications for manufacturers.  At stake?  When can a manufacturer be required to bargain over the terms and conditions of employment of a sub-manufacturer’s employees?  Or when can a manufacturer be required…
This week’s post is somewhat breathless because so much happened or is about to happen.  You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right hand while their left hand is going about the business of the trick, the parts of the federal government and their state counterparts which were opened continued at a breakneck pace. On the federal…
When it comes to 2019 employment and labor developments for manufacturers, I predict …. much more of the same. The election of President Trump and a Republican controlled House and Senate in November 2016 brought a roll-back back from the aggressive enforcement policies of the Obama administration.  Simply speaking, the Federal Government has limited or overruled regulations impacting the relationship between manufacturers and their employees.  In response to this trend, some states and local municipalities…
Before ringing in the New Year, manufacturers bidding on competitive New York State contracts should keep in mind that after January 1, 2019, entities submitting bids must certify that they have adopted a sexual harassment policy that meets New York State’s mandated minimum standards, and provide annual training for all employees, including those working outside the State of New York.  Adopted by the New York State General Assembly in April 2018, these new requirements become…
Before answering that question, manufacturers should ask whether the they host a website where individuals can access information about products and services, view demonstrations, submit requests for price quotes or apply for a job.  If so, then the website may not be handicap accessible. Title III of Americans with Disabilities Act (“ADA”) requires goods, services, privileges or activities provided by places of public accommodation be equally accessible to people with disabilities.  Title I of ADA…
A recent court decision underscores the need for manufacturers to exercise caution when seeking to impose Post-Employment Restrictions on key employees. Manufacturers often seek to bind employees to Post-Employment Restrictions (non-compete, non-solicitation and confidentiality obligations) in order to protect customer lists, pricing information and other confidential or “inside” information which gives them a competitive advantage in the market-place.  While never a ‘first line” of defense, they serve an important role in protecting manufacturers from unfair…
Last month, I posted about New York State’s recently enacted law mandating all New York State employers adopt Sexual Harassment Policies and train all employees annually.  See “Time to Catch the “Train” – The New York Gender-Based Harassment Train.”  The Department of Labor published for public comment its August 23, 2018 draft sexual harassment training program, checklist of minimum standards for compliant sexual-harassment policies, and list of FAQs.  Those draft materials stated that…
Continuing its aggressive measures to combat workplace sexual harassment, on August 23, the New York State Department of Labor issued for public comment a draft sexual harassment training program, a checklist of minimum standards for compliant sexual-harassment policies, and a list of FAQs. The materials can be found here. In addition, the New York City Commission on Human Rights published the mandated sexual harassment poster, which must be posted conspicuously, both in English…
  James Madison groupies rejoice!  All others can share my confusion. Called the “Father of the Constitution,” scholars credit Mr. Madison for his significant role in the fundamental design of the United States Constitution, where power was distributed between the states and the federal government, and power within the federal government was distributed among three co-equal branches.  The idea being that these bodies would each independently act as a check on the others, reducing the…