Finally, some good news about getting out from beneath suffocating unfunded pension liability – but only if you own a REIT. A real estate holding company was not liable for a commonly owned employer’s $1.8 million withdrawal liability judgment because the company’s primary purpose during the relevant time period was personal rather than profit-seeking. Specifically,…

Michael Dela Paz, an employee of St. Rose Dominican Hospitals, argued with co-worker Habiba Araru, and threatened to “take care of her.” Dela Paz was placed on unpaid leave pending an investigation into the incident and was instructed not to contact any employees during his absence. Dela Paz ignored the contact ban by obtaining employee…

Five union employees of the Santa Fe Tortilla Co. sent a letter complaining about working conditions to their plant manager. Upon receipt, the manager called the employees into his office and told one worker that she “should not stick her neck out for anyone because no one would stick their neck out for her.” The…

The National Labor Relations Board continues to hold that arbitration clauses precluding class actions by employees against their employer are unlawful despite a court ruling overturning the Board’s decision. Employees of a New Jersey limousine company filed suit against their employer in the U.S. District Court for the District of New Jersey alleging that they…

Shortly after being hired, Nick Aguirre began complaining to his co-workers and manager about the employer’s compensation and break policies. Tony Plaza, the owner of the company, called Aguirre into his office, scolded him for these conversations, and repeatedly reminded Aguirre he could quit if he did not like working at the company. Aguirre lost…

In 2012, the National Labor Relations Board issued the Alan Ritchey decision that changed the landscape of disciplining employees while negotiating with a union for an initial collective bargaining agreement. Until Alan Ritchey, companies that lost a union election were free to continue operating as non-union until a union contract was signed. Under Alan Ritchey,…