Matthew Miklave

Matthew Miklave

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.

Subscribe to all posts by Matthew Miklave

No “Summer Slow-Down” for Manufacturers – Regulatory Changes Continue

  Readers of this space may recall my recent posts highlighting court and legislative changes to employment laws, regulations and policies affecting manufacturers.  See e.g. “‘Manufacturing’ Law: Courts Also Move to Fill the Void,” “INTERESTING UPDATE: ‘Manufacturing’ Law: Courts Join the States to Fill the Void,” and “The DOL Seeks to Change the Tide.”  While … Continue Reading

The DOL Seeks to Change the Tide

While local state and city governments have been working to expand the scope of workplace protections, the Federal government has begun “undoing” some of the aggressive advancements of the Obama Administration. On June 7, the Department of Labor (DOL) announced in a brief statement that it was withdrawing two significant guidance documents – one with … Continue Reading

INTERESTING UPDATE: “Manufacturing” Law: Courts Join the States to Fill the Void

In a May 16 Blog Post, I reviewed several cases dealing with the question of whether Title VII’s ban on discrimination “because of . . . sex” included a ban on discrimination “because of sexual preferences.”  I summarized three recent decisions by the United States Courts of Appeal – the Eleventh Circuit holding Title VII … Continue Reading

“Manufacturing” Law: Courts Also Move to Fill the Void

Last month, I wrote that in the absence of significant Congressional action on the labor and employment front, states and cities are increasingly willing to take steps to improve employment protections.  Some courts appear willing to join in – challenging longstanding precedent and finding protections and safeguards not previously recognized. Four separate decisions in the … Continue Reading

States (and Cities) Rush In Where Congress Fears to Tread

Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape.  After all, one thing which the new Administration and Congressional Republicans had in common was their seven-year pledge to repeal “Obamacare.”  When compared to the divergent views on other … Continue Reading

Surpassing Even My Expectations, Predictions Come True

Last month, in my “Manufacturing Law Predictions for 2017: Labor and Employment” posting, I wrote:  “Expect at least some high-profile workplace ‘raids’ to round up undocumented workers and substantial fines on the employers which have hired them.”  On Monday, the Department of Homeland Security announced that it had concluded the round-up of 680 undocumented workers … Continue Reading

Manufacturing Law Predictions for 2017:  Labor and Employment

As has been our tradition, January is the time to predict the big developments in the coming year which will impact on manufacturers.  Notwithstanding my “Lawyer’s Shrug,” here is my take on 2017. Minimum Wages.  Even though President Trump ran on a populist platform to raise wages for American Workers, I believe it unlikely Congress … Continue Reading

The 2017 “Manufacturers’ Lawyer’s Shrug”

I am a really big fan of the NPR radio show, “Car Talk,” where two Boston auto mechanics took callers’ questions and tried to answer them.  Since the November 8 election, I have freely adapted one of their signature phrases – I call it the “Manufacturers’ Lawyers’ Shrug.”  Basically, when I attend any event and … Continue Reading

Time Running Out for Compliance with New DOL Overtime Regulation

As noted in this space in May, effective December 1, employees earning less than $47,476 per year may no longer be treated as exempt from overtime under the federal Fair Labor Standards Act.  See “New Wage and Hour Requirements for Certain Employees of Manufacturers.”  Those manufacturers which have not yet addressed the issue have a … Continue Reading

Teamsters’ Central States Pension Plan: A Saga Becomes a Nightmare?

We have been watching, warning and posting about the saga of the troubled Central States Pension Plan (“CSPP”).  See The Gift-Giving Season? Three “Game-Changing” Employment Developments Impacting Manufacturers, Teamster Plan to Cut Pensions Presents Significant Issues for Manufacturers, and A Troubling Future Part One:  Teamsters’ Pension Rescue Plan.  Things were bad.  They got worse. Created … Continue Reading

Regulatory and Legislative Changes: No Summer Holiday Break

While you may have thought that the major party conventions and Olympic Games in Rio would have resulted in a break from significant legislative and regulatory changes, that simply does not seem to be the case.  Recent changes affecting manufacturers include the following: The U.S. Department of Labor to increase civil penalties for ERISA violations.  … Continue Reading

New Wage and Hour Requirements for Certain Employees of Manufacturers

In May, the U.S. Department of Labor (“DOL”) published its amended regulation regarding the so-called “White Collar” exemption from the Fair Labor Standards Act (“FLSA”).  As a result, manufacturers may either have to boost the wages of some employees or radically change the manner in which those employees are compensated. Under the FLSA, employees must … Continue Reading

Employment Law Developments for Manufacturers:  Predictably Unpredictable!

Manufacturers should take note of two recent developments in the human resources world.  One expected.  The other not. Frequent readers of this blog may recall that in January I predicted the United States Department of Labor (“DOL”) would make good on its goal of updating the “Persuader Rule.” By way of background, the Persuader Rule … Continue Reading

Recent NLRB Decision Gives Manufacturers Another Reason to Update Policies

As I have commented in this space multiple times, under the Obama Administration, government agencies (particularly the U.S. Department of Labor, the Equal Employment Opportunity Commission and the National Labor Relations Board) have given manufacturers great incentives to review and update employment policies in light of an aggressive enforcement environment.  The National Labor Relations Board … Continue Reading

EEOC Retaliation Guidance Ups the Stakes for Manufacturers

I ended my January 21 “employment law predictions” post by writing, “One thing I can count on as these ‘Years of Change’ continue, [I]  expect something unexpected.”  The EEOC made that prediction come true the same day when it published for comment a wholesale revision of its policy guidance on retaliation claims under federal civil … Continue Reading

Never too Late for Some 2016 Employment Predictions!

  While we are still saying “Happy New Year” (I checked and was told that January 21 was still “not too late” to wish good tidings for 2016), and as we get ready for the Great East Coast Blizzard of 2016, I thought it would be a good time to add my own predictions for … Continue Reading

Breaking News: UAW Wins VW Manufacturing Plant Vote in Tennessee

On Friday, the United Auto Workers claimed victory in its long-running efforts to organize the VW plant in Chattanooga, Tennessee.  Reportedly capturing 71 percent of the vote (108 in favor to 44 against), the election victory represents the first successful organizing campaign of this troubled German car manufacturer in the United States.  The victory comes … Continue Reading

Manufacturing a Troubling Future Part Two:  Recent Decision

This is the second of two posts regarding the “troubling” state of multi-employer pension plans.  My October post provided an overview of the recently published Teamsters’ Central States Pension “Rescue Plan” and discussed some of its implications.  This post will review the recent  decision of the Ninth Circuit Court of Appeals in Resilient Floor Covering … Continue Reading

A Troubling Future Part One:  Teamsters’ Pension Rescue Plan

  Two significant developments in the multi-employer pension world emerged in September, developments which could give manufacturers concern.  While this is not the time to panic (we have plenty of time to panic), readers should take notice. Development number one was the filing on September 25 of the Teamsters’ Central States Pension “Rescue Plan” to … Continue Reading

The Background Check Conundrum: “Manufacturing” a Problem (Pun Intended)

I am a longtime advocate of pre-employment criminal background checks.  So I have watched with resigned acceptance as the EEOC, over 100 states and cities across the United States, and other public advocates have fought to limit the use of an applicant’s criminal history in all but limited circumstances.  New York City’s recently enacted “ban … Continue Reading

Heralding Wholesale Changes for Manufacturers, Labor Board Revamps “Joint Employer” Test

Just in time for Labor Day, the National Labor Relations Board handed organized labor a great gift and potentially disrupted the business and labor relationships of thousands of American manufacturers. On August 27, 2015, a divided Labor Board ruled 3-2 that Browning-Ferris Industries was the “joint employer” of workers supplied by a third-party.  Browning-Ferris Industries, … Continue Reading

Raising Manufacturing Employees’ Wages? Consider the Unintended Consequences

The political discourse focusing on the wage disparity between the rich and the poor has led to efforts to raise the minimum wage for American workers.  Today, more than half the states have minimum wages above the Federal minimum wage, and effective July 1, 2015, the District of Columbia crossed the $10 per hour threshold … Continue Reading

Proposed DOL Rulemaking Means Uncertainty for Manufacturers

On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on a proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455 per week ($23,660 annually) to an expected $970 per week ($50,440 annually), as projected by the DOL for 2016. The DOL … Continue Reading
LexBlog