Fordham Labor & Employment Law Society

Latest from Fordham Labor & Employment Law Society

By: Andrew L. Oringer I have been asked to write about issues facing US lawyers in the area of ERISA (the Employee Retirement Income Security Act 1974) and executive compensation (for convenience, I’ll consider the executive compensation practice to be a part of the ERISA practice, in references below). I think the keyword here is ‘change’ – it’s clear to me that change is the hallmark of my area of expertise. Sometimes, ERISA-related change springs…
By: David J. Pryzbylski Disciplining an employee for social media posts criticizing a company can be a tricky area to navigate from a legal standpoint. The National Labor Relations Board (NLRB) has been aggressive in terms of ordering the reinstatement of workers terminated for posting comments online regarding their terms and conditions of employment, including comments that are critical of their employers. A recent advice memo from the agency shows this remains an area where companies are…
By Paul Salvatore, Steven Porzio, David Bayer and Laura Franks Colleges and universities should take note of the Court of Appeals for the D.C. Circuit’s recent decision in University of Southern California v. National Labor Relations Board, Case No. 17-1149 (D.C. Cir. Mar. 12, 2019) addressing whether non-tenure track faculty at universities are “employees” under the National Labor Relations Act (“NLRA”), giving them the right to form a union, or whether they are “managers” and thus exempt…
On March 1,, 2019, in United Nurses & Allied Professionals (Kent Hospital), the National Labor Relations Board set a new standard for non-member objectors often referred to as “Beck Objectors.”[1]  The Board held that unions can no longer compel objectors to pay a union’s lobbying fees. The Board based its decision on Communications Workers of America v. Beck and Ellis v. Railway Clerks.[2]  In Beck, the Supreme Court held that an…
Article By: Mark A. Carter Jacqueline N. Rau On January 25, 2019, the National Labor Relations Board (Board) returned to the common-law agency test for determining whether workers qualified as independent contractors. SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) The decision expressly overrules the Board’s decision in FedEx Home Delivery, 361 NLRB 610 (2014), enf. denied 849 F.3d 1123 (D.C. Cir. 2017). The Board specifically found the FedEx decision impermissibly “shifted the independent contractor analysis, for implicit policy-based…
In the wake of the Supreme Court ruling in Janus v. AFSCME, unions and their supporters in the legislature have sought a way around the decision. Rep. Paul Holvey of Oregon has introduced House Bill 2643,[1] which aims to avoid the free speech issue raised in Janus by allowing the state to assess fees from public employers. In Janus, the issue was that the non-members were compelled to pay. Under this bill, employees…
Under the National Labor Relations Act as defined in 29 U.S. Code § 152, a joint-employer has the same liabilities as an actual employer. However, how the NLRB defines a joint-employer is a highly partisan issue that seems to depend on whether the NLRB has a Republican or Democratic majority. In 2015, in Browning Ferris Industries, the NLRB ruled that a recycling plant and the agency that provides its housekeeping workers were joint-employers for the…
This Thursday, December 27, marks the 6-month anniversary of the Supreme Court’s decision in Janus v. AFSCME. Both conservative and liberal publications predicted that the decision would be a death blow to public-sector unions. In her dissent, Justice Kagan said the decision “will have large-scale consequences” and that “public employee unions will lose a secure source of financial support.” This fear was based on past restrictions on unions, which led to declines in union membership.…
The Fordham Law School Labor & Employment Law Society was privileged to host Eugene Scalia for a talk on the current trends in regulatory and administrative law entitled “The Problem with the Modern Regulatory State.” Mr. Scalia, the former solicitor for the Department of Labor and a current partner of the Washington D.C. office of Gibson, Dunn & Crutcher, spoke to society members about the role litigators in government and private practice play in shaping…