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Long Island employment lawyer Matthew Weinick has been named Vice-Chairperson of the Nassau County Bar Association’s (NCBA) Labor and Employment Law committee.  Weinick was appointed in July 2018 and he will serve during the association’s 2018/19 calendar year.

The NCBA is an active bar association with more than 40 committees covering a wide array of practice areas and other services for both the public and membership.  According to the association, it was founded in 1899 and has nearly 6,000 members.  It’s building in Mineola, New York, known as “Domus,” provides a central point for attorneys in Nassau County to gather for networking opportunities, to learn from one another, and to provide services to Nassau County residents through programs such as the lawyer referral service and access to justice.

Of the many committees, the Labor and Employment Law committee considers itself one of the most active committees. The committee’s stated purpose is to review proposed employment law legislation and to analyze recent court decisions concerning employment law.

Last week, Famighetti & Weinick PLLC posted a blog summarizing the Janus v. AFSCME union case which overturned the 1977 decision, Abood v. Detroit Board of Education. The majority decision held that employees who choose not to be part of a union but who nonetheless benefit from collective bargaining results are no longer required to pay union agency fees. Today’s Long Island employment law blog discusses the dissenting opinion in Janus.

As we discussed in our original Janus case blog, from a strictly legal perspective, the Janus majority opinion is a First Amendment free speech case. From the point of view of the four dissenting Justices in Janus, however, the nation’s First Amendment jurisprudence makes clear that agency fees do not implicate any First Amendment concerns.

To recap the essential facts of Janus, the case looked at the constitutionality of agency fees charged by public-sector unions. Agency fees are collected by unions from employees who choose not to join a public-sector union. The fees are supposed to support administrative functions of the union. The Supreme Court first looked at these arrangements in the Abood case and set forth the rules under which states could constitutionally apply these fees. Since Abood, 22 states have relied on those rules to implement laws concerning public-sector unions.

A New York company operates a website whereby users can place delivery orders from local stores and restaurants.  The company uses couriers to pick up the orders and deliver them to the customers. Are these couriers employees under New York law? Today’s Long Island employment law blog discusses how a New York appellate court came decided the issue of whether these couriers are employees of the company?

In the case of Matter of Vega, heard and decided by New York’s Third Department, the company, Postmates, Inc. “engaged” individuals to perform work for the company.  As noted, Postmates operated a website whereby customers can place orders at local restaurants and stores.  The orders are picked up by couriers, such as Vega, and delivered to the customers.

Postmates, however, terminated Vega alleging, among other things, that it had received negative customer feedback about him.  So, Vega filed for unemployment insurance benefits, but Postmates challenged the claim.  Initially, a worker’s compensation Administrative Law Judge decided that Vega was not eligible for unemployment benefits because he was not an employee.  On appeal to the Unemployment Insurance Appeal Board, however, the Board reversed that determination and decided that Vega was indeed an employee, making him eligible for benefits.

On June 27, 2018, social media and news outlets went crazy when the Supreme Court decided Janus v. State, County, and Municipal Employees.  Many posters and commentators argued that the decision constituted an assault by SCOTUS on unions.  From a strictly legal perspective, however, Janus decided a question related to the First Amendment’s free speech guarantees.  Today’s Long Island employment law blog discusses the legal issues concerning the Janus union decision.

Janus concerned the Illinois Public Relations Act.  The Act allows public service employees in the state to unionize.  Although the Act did not require all employees to join the union, the law nonetheless required that the union be the sole representative for all employees.  The law grants unions broad authority to negotiate employment terms including pay, wages, and hours.  On the other hand, employees cannot use any other agent to negotiate employment terms nor can they negotiate directly with the employer.

Under the Act, employees may refuse to join the union, but are still required to pay dues, albeit at a reduced amount and in accordance with previous Supreme Court directives.  Non-members were required to pay to for union activities including advertising, membership meetings, and litigation.

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