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Employment

Labor Unions
Many claims of breach of the duty of fair representation stem from a labor union's refusal to pursue a grievance on behalf of a union member. Despite the prohibition of invidious or hostile discrimination in representing its members, labor unions have significant leeway in the way they represent their members, including the handling of grievances. A union has the discretion to determine whether a grievance of one of its members is in fact meritorious or not. Dissatisfied union members whose unions have decided adversely to the members as to the merit of their grievances may bring lawsuits against the union for breach of the duty of fair representation. More...
Accrual, Vesting, and Forfeiture of Pension Plans under ERISA
The Employee Retirement Income Security Act (ERISA) is a federal law that regulates certain employee benefits such as health plans and pension plans and specifies certain minimum standards for those plans. ERISA provides certain reporting and disclosure requirements and imposes fiduciary responsibility on the administrators of ERISA-governed plans. More...
Age Discrimination Class Actions
Background More...
Independent Contractor or Employee?
There are many important distinctions between the way that hiring parties must treat employees and independent contractors. For example, hiring parties must withhold payroll taxes for their employees, but not for independent contractors. Independent contractors are also not entitled to be covered by employer benefit plans. Although the differences in required treatment are great, the distinction between an employee and an independent contractor is not often so easily drawn. Thus, a hiring party that incorrectly classifies its workers can incur great legal liability. More...
The Railway Labor Act and Presidential Emergency Boards
Railway Labor Act Overview More...

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  • Americans with Disabilities Act
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