Tag Archives: employment policies

Federal Court Expands Paid Leave Rights for Manufacturing Employees

A United States federal judge in Manhattan struck down four regulations issued by the United States Department of Labor (“DOL”) limiting paid leave entitlements under the Families First Coronavirus Response Act.  In his August 3, 2020 decision, Judge J. Paul Oetken found the DOL exceeded its authority (a) by determining that employees were not entitled … Continue Reading

Recent State-Court Decision Manufactures Raised Eyebrows

On July 10, 2020, a New York State Supreme Court Judge issued a surprising decision finding that not only did a private arbitration agreement not bar a plaintiff’s court complaint, but that a company policy amended the parties’ previously executed employment agreement.  The decision, Newton v. LVMH Moet Hennessy Louis Vuitton Inc., Index No. 154178/2019 … Continue Reading

Testing Issues Twist Manufacturers

The Novel Coronavirus, the speed by which science continues to discover new aspects of the disease and the response of the United States government to these developments has tested manufacturers.  One aspect of this testing concerns, well, testing. The Americans with Disabilities Act has long banned manufacturers from requiring medical evaluations unless both “job-related” and … Continue Reading

Manufacturing:  Back to Business (Part Two)

This is the second of two posts dedicated to reopening plans for manufacturers.  In the first post on May 26, I addressed the first two questions which every manufacturer may wish to ask as it forms its reopening plans.  Manufacturing;  Back to Business (Part One) (May 26, 2020).  Here, I address the next four questions. … Continue Reading

Manufacturing:  Back to Business (Part One)

The disruption created by the COVID-19 pandemic stressed the entire manufacturing sector.  For the most part, manufacturers responded to those challenges quickly and responsibly.  Now that every state has begun reopening, the manufacturing sector will once again be called on to lead.  Manufacturers which respond well to those challenges will thrive in the months ahead. … Continue Reading

When Manufacturers Say, “Welcome Back”

While a recent headline-grabbing Forbes article may have caused some concern (“Researchers Say Social Distancing To Prevent Coronavirus May Need To Continue Until 2022”), many manufacturers are now planning to return to “Business as (the New) Normal.”  During the last two months, I have been fielding calls from essential manufacturers on how to conduct business … Continue Reading

Unfolding Coronavirus Conditions Present Unprecedented Challenges For Manufacturers

The patchwork of federal, state and local laws addressing leaves of absence, protections of people with disabilities and a manufacturer’s general obligation to provide a safe workplace come head-to-head with public reports of an evolving situation.  Right now, the CDC admits that “[m]uch is unknown about how the virus that causes COVID-19 spreads.”  Manufacturers should … Continue Reading

PBGC Report Reminds Manufacturers of the Coming Threat

The Pension Benefit Guaranty Corporation released its Fiscal Year 2019 Annual Report and, you guessed it, it was “un-good” (a legal term I think).  The Multiemployer Insurance Program recorded a record-breaking deficit of $65.2 billion.  The PBGC warned that the Multiemployer fund will likely be insolvent by 2025, within 6 years from today.  Without the … Continue Reading

Manufacturers Face New Discrimination Rules

Concluding their 2019 legislative sessions, New York and Connecticut adopted sweeping new discrimination and harassment requirements — mandating additional training, expanding available remedies and making it easier for victims to obtain judicial relief. New York In June, the New York General Assembly adopted several significant changes to New York State’s anti-discrimination statute (known as the … Continue Reading

Legal Pot = Storm Clouds for Manufacturers

New York City’s recent ban on pre-employment marijuana testing, coupled with recent decisions in New Jersey and Connecticut, could give manufacturers cause for concern.  Effective May 20, 2020, New York City employers will no longer be allowed to require pre-employment marijuana testing for most jobs, testing which historically has been a routine part of the … Continue Reading

U.S. Government Agencies’ Fast Track Changes to Legal Standards (Part 1)

With the Trump Administration now in its 27th month (half-way through the first term), Federal agencies seem to be picking up the pace of fundamentally altering the legal landscape in which manufacturers operate.  Keeping up with these changes can be a full time job. In this blog post, I will highlight some of the more … Continue Reading

New DOL Overtime Rule Impacts Manufacturers

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 … Continue Reading

Thought The Government was Closed? The Manufacturers’ Smorgasbord!

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 … Continue Reading

Time for 2019 Manufacturing Law Predictions: Drum Roll Please!

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 … Continue Reading

Is Your Manufacturer Handicap Accessible? 

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, … Continue Reading

A Tale of Two Trends

  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 … Continue Reading

NLRB General Counsel Rolls Back Aggressive Anti-Manufacturer Handbook Rules

National Labor Relations Board General Counsel Peter Robb issued a June 6 memorandum outlining his views on the legality or illegality of handbook rules in light of recent Trump NLRB decisions.  That guidance, which can be found here, gives an overview of Robb’s interpretation of the law. Robb’s guidance represents a radical shift away from … Continue Reading

Expanding Limits on Applicant Salary History Questions

Manufacturers in Alaska, Arizona, California, Connecticut, Hawaii and Vermont face new limits on the use of an employee’s salary history. The state legislatures in Connecticut and Vermont have both adopted laws banning manufacturers from asking about an applicant’s prior salary.  Those laws are expected to be signed by the Governors of those states and will … Continue Reading

N.L.R.B. “Joint” Disarray – Why That Matters to Manufacturers

Winston Churchill allegedly once said, “lovers of sausage and public policy should not watch either be made.”  Recent events at the National Labor Relations Board call that apt quote to mind. In its zeal to overturn Obama-era precedent, the Trump N.L.R.B. seems to have stepped right into it – creating confusion and uncertainty for manufacturers … Continue Reading

Government Initiatives in Response to Wave of Harassment Allegations Challenge Manufacturers

Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law.  Included in the statute is an amended Section 162(q).  That provision states that manufacturers may no longer deduct from federal income tax “(1) any settlement or payment related … Continue Reading

2018 Employment Law Predictions for Manufacturers

As has been our tradition, January is the time to predict the big developments in the coming year that will impact manufacturers.  In January 2017, notwithstanding my “Lawyer’s Shrug,” I predicted Congress was unlikely to raise the minimum wage, but states and cities would attempt to do so; the National Labor Relations Board would turn … Continue Reading

The Trump N.L.R.B. Gift Giving Season

Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases that expanded employee and labor union protections.  In a single week, the NLRB returns to pre-Obama-Board standards and upends the apple cart.  Each case was decided on a strict, party-line … Continue Reading

New York Paid Family Leave Obligations for Manufacturers

Effective January 1, 2018, employees of manufacturers working in New York State may be eligible for paid family leave.  The NY Paid Family Leave Law (“PFLL”) is both broader than and more narrow than the federal Family and Medical Leave Act.  The PFLL applies to all employees employed by private manufacturers and working in New … Continue Reading

Buckle Up for 2018: New Overtime Regulations Manufacturing Confusion

Readers of this blog may recognize I have spilled a good deal of ink over the last two years discussing the impact of the Obama Administration’s efforts to increase the minimum salary for  certain employees to be considered exempt from minimum wage and overtime requirements.  See “Breaking News: Manufacturers Breathe Relief as Court Strikes Down … Continue Reading
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