News

The SCOTUS’ Decision on Janus and What’s Next Terrance B. McGann, McGann, Ketterman & Rioux The Supreme Court will soon decide whether a person’s First Amendment right to freedom of speech is denied when public sector collective bargaining agreement requires him to pay “fair share” fees to a labor organization that is required by law to represent him. Mark Janus

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Can the Burns Successorship Doctrine Survive the GVS Properties Decision? In February 2012, GVS Properties, LLC purchased several real estate properties in New York City from Broadway Portfolio, LLC. (“Broadway”). Broadway had subcontracted the maintenance of the properties to Vantage Building Services, LLC. (“Vantage”). The employees of Vantage were represented by the International Association of Aerospace Workers, District Lodge 15,

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Persuader Rules: Requiring the Middlemen to come out from the Shadows The proposed changes to the U.S. Department of Labor’s (“DOL”) Persuader Rules have caused a great deal of controversy among both labor consultants and management attorneys. Initially proposed in 2011 and held in abeyance until July 2013, the proposed amendment to the current interpretation of the DOL’s “advice exemption”

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Employers’ Rights to Conduct Pre-Employment Testing Under the Americans with Disabilities Act As our economy continues to rebound from the effects of what has been referred to as the “Great Recession”, we are witnessing an unprecedented increase in the number of people returning to the workforce in the service, construction and manufacturing industries.[1] With the dramatic increase in returning workers,

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