Recent Articles

NLRB Delays Posting Requirement ... Again!

Randy L. Braun
January 11, 2012 13:11

Effective April 30, 2012, employers covered by the National Labor Relations Act (the "NLRA") must post a Notice advising their employees of their Union rights. The Notice must be posted in a conspicuous place where other notifications of workplace rights and employer rules and policies are posted....

NLRB Postpones Effective Date Of New Rule

Randy L. Braun
October 17, 2011 13:58

The National Labor Relations Board announced recently that it is postponing the effective date of its new, final rule requiring that all employers covered by the National Labor Relations Act post a notice informing employees of their right to organize. The new effective date is January 31, 2012....

NLRB Says Employers Must Notify Workers Of Right To Unionize

Randy L. Braun
August 31, 2011 13:55

Last week, the National Labor Relations Board (the "NLRB") issued a final rule requiring that all employers covered by the National Labor Relations Act post a notice informing employees of their right to organize. The new rule also sets forth a list of various types of unlawful employer conduct. ...

Fun With The Marshall Tucker Band And Proposed Rulemaking By The NLRB

Randy L. Braun
August 23, 2011 16:20

Its been a while since I’ve posted ... life and business sometimes get in the way. You’ve probably missed my pithy commentary, so I apologize for the inconvenience. Before I get to the legal stuff, I thought I’d share a fabulous experience I had last week with the Marshall Tucker Band (“MTB”). MTB...

Congress Gives Employers A Break

Randy L. Braun
June 06, 2011 13:55

Recently, Congress repealed the expanded 1099 information reporting requirements that were imposed by the Patent Protection and Affordable Care Act ... most of you know it as "Obama Care." The requirement mandated that payments totalling at least $600 in a single calendar year to a single entity...

The Landscape Changes For New York Employers

Randy L. Braun
April 04, 2011 19:27

On April 9, 2011, the New York Wage Theft Prevention Act (the “WTPA”) takes effect. The new law amends the New York Labor Law in a number of significant respects. Among other things, the WTPA: (a) increases an employer's existing notice and wage statement requirements, including a mandate that an...

The Demise Of Public Sector Collective Bargaining?

Randy L. Braun
March 09, 2011 04:20

The major unrest in public sector collective bargaining, initiated in Wisconsin and having spread like wildfire across the nation, is a clarion call to organized labor and public employers. Stop the madness!Both sides need to alter radically their positions at the negotiating table if the...

More Certified Payroll Blues

Randy L. Braun
January 14, 2011 15:37

OK, just when I thought I had heard it all, the following little gem is offered for your consideration and amusement.A subcontractor's certified payrolls for a particular project showed approximately $15 more per hour paid to its workers each week than the combined wage and cash supplement amount...

The Certified Payroll Blues

Randy L. Braun
January 06, 2011 14:21

As it's the New Year, I thought I'd talk about one of my pet peeves ... certified payrolls. Yes, certified payrolls. Such a fascinating topic. It never ceases to amaze me that contractors routinely fail to complete properly a simple, certified payroll document for a public works project. A...

Charter Schools Generally Not Subject To Labor Law Section 220

Randy L. Braun
November 26, 2010 15:30

In New York Charter School Ass'n v. Smith (Slip Op. 07375, Decided: October 19, 2010), the New York Court of Appeals ruled that charter schools are not public entities for purposes of Labor Law Section 220. The statute requires the payment of prevailing wages and prevailing supplemental benefits to...