Articles by Bond Schoeneck & King PLLC

Bond, Schoeneck & King, PLLC was founded in 1897 and since then the firm has developed a reputation for professional excellence, integrity, and success that lives on more than a century later. These hallmarks of the firm have played an important role in attracting quality clients and legal work; have allowed us to participate in the evolution and growth of the communities we serve; and have been the basis not only for the noteworthy cases we have won, but for our acknowledged leadership in the marketplace, the breadth of our practice and the talent we offer. As a result, we have grown to a law firm of 200 lawyers with offices in New York, Florida and Kansas. Our lawyers have extensive expertise in 18 different practice areas and 10 different industry groups.

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Bond Schoeneck & King PLLC has written 114 articles for AdTalk

Bond Schoeneck & King PLLC

U.S. District Court Invalidates "Quickie" Election Rule

by Bond Schoeneck & King PLLC

On May 14, 2012, a federal district court judge invalidated new regulations intended to streamline union representation elections, finding that the National Labor Relations Board lacked a proper three-member quorum when it voted on the controversial final rule in December of 2011.  The final rule, which has commonly been referred to as the "ambush" or [...]

Appeals Court Holds That Six-Month Statute of Limitations Applies to OSHA Record-Keeping Violations

by Bond Schoeneck & King PLLC

In an extremely important decision for employers, the United States Court of Appeals for the D.C. Circuit held that an employer can only be cited by OSHA for up to six months following the occurrence of an error or omission in its injury and illness record-keeping logs.  In so holding, the Court restored the plain [...]

Lawmakers Scrutinize Employer Efforts to Access Employee and Applicant Private Social Media Web Sites

by Bond Schoeneck & King PLLC

As we noted in our June 17, 2010 blog post, social networking sites have become a popular tool for employers seeking information about job applicants during the hiring process.  However, employers’ efforts to obtain information that enables them to access their employees’ and applicants’ private social media web sites have recently been subject to increased [...]

D.C. Circuit Court of Appeals Grants Injunction Precluding Implementation of NLRB Notice Posting Rule

by Bond Schoeneck & King PLLC

The U.S. Court of Appeals for the D.C. Circuit issued an Order today granting an injunction precluding the National Labor Relations Board from implementing its notice posting rule, pending appeal of a lower court decision upholding the validity of the rule.  The notice posting rule was scheduled to go into effect on April 30, 2012, but [...]

U.S. District Court for the District of South Carolina Holds That NLRB Notice Posting Rule Is Invalid

by Bond Schoeneck & King PLLC

On April 13, 2012, the U.S. District Court for the District of South Carolina held that the National Labor Relations Board’s rule requiring private sector employers to post a notice of employee rights under the National Labor Relations Act is invalid, because the NLRB did not have the authority under the NLRA to promulgate the rule.  There [...]

OSHA Announces National Emphasis Program for Inspecting Nursing Homes and Residential Facilities

by Bond Schoeneck & King PLLC

On April 5, the Occupational Safety and Health Administration ("OSHA") announced a new National Emphasis Program ("NEP") for inspecting nursing homes and residential facilities.  This is an important announcement, because for most employers, there are only a few reasons why OSHA may inspect an employer’s worksite:  (1) the worksite’s injury and illness rate places it [...]

Third Circuit Court of Appeals Holds That Supervisors May Be Subject to Individual Liability Under the FMLA

by Bond Schoeneck & King PLLC

The Third Circuit Court of Appeals recently held, in Haybarger v. Lawrence County Adult Probation and Parole, that supervisors may be subject to individual liability under the Family and Medical Leave Act ("FMLA").  Although this Third Circuit decision is not binding on U.S. District Courts in New York or the Second Circuit Court of Appeals, [...]

New York Appellate Court Holds That Retirement Plan Contribution Dispute Was Not Arbitrable

by Bond Schoeneck & King PLLC

In a recent decision that will likely have positive implications for similarly-situated public employers across New York State, the Appellate Division for the Second Department reversed a lower court ruling and held that the City of Yonkers’ refusal to reimburse new employees for their statutorily-required Tier V retirement plan contributions was not arbitrable.  The appellate court [...]

U.S. District Court Denies Request for Stay of NLRB Posting Requirement Pending Appeal

by Bond Schoeneck & King PLLC

On March 7, 2012, the U.S. District Court for the District of Columbia denied a request made by the National Association of Manufacturers and other business groups to prohibit the NLRB from enforcing its rule requiring employers to post a notice of employee rights under the National Labor Relations Act, pending their appeal of the [...]

What the EEOC’s Strategic Plan Means for Employers

by Bond Schoeneck & King PLLC

On February 22, 2012, the Equal Employment Opportunity Commission ("EEOC") released its Strategic Plan for 2012-2016.  The EEOC listed as a top priority increasing the number of systemic discrimination lawsuits against employers.  Systemic cases allege a pattern or practice of discrimination or class discrimination.  The basis of a systemic case is that the alleged discrimination [...]

U.S. District Court Upholds NLRB’s Notice Posting Rule, But Holds Certain Enforcement Provisions To Be Invalid

by Bond Schoeneck & King PLLC

On March 2, 2012, the U.S. District Court for the District of Columbia issued a decision in the lawsuit filed by the National Association of Manufacturers ("NAM") and the National Right to Work Legal Defense and Education Fund ("NRTW") challenging the notice posting rule promulgated by the National Labor Relations Board ("NLRB").  The Court held that the [...]

Court of Appeals Holds That Workers’ Compensation Exclusivity Provision Does Not Apply To Uninsured Motorist Benefits

by Bond Schoeneck & King PLLC

On December 13, 2011, the New York Court of Appeals held that an employee who drives his employer’s vehicle, and has an automobile accident with an uninsured driver while driving his employer’s vehicle during the course of his employment, is entitled to recover uninsured motorist benefits from his self-insured employer, notwithstanding the

Supreme Court Declines to Review Court Decision Rejecting a Job Applicant’s FLSA Retaliation Claim

by Bond Schoeneck & King PLLC

On February 21, 2012, the U.S. Supreme Court declined to review a Fourth Circuit Court of Appeals decision rejecting a job applicant’s retaliation claim filed under the Fair Labor Standards Act ("FLSA") against her prospective employer.  By declining to review the decision, the Supreme Court left undisturbed the Fourth Circuit’s ruling that job applicants are [...]

NLRB’s Acting General Counsel Issues Second Report on Social Media Cases

by Bond Schoeneck & King PLLC

Last month, the Acting General Counsel for the National Labor Relations Board ("NLRB") issued a second report on 14 social media cases recently reviewed by his office.  Although the report does not have the force of law, the report offers some insight into the NLRB’s ongoing efforts to reconcile decades of federal labor law on [...]

DOL’s "Updated" FMLA Forms List New 2015 Expiration Date

by Bond Schoeneck & King PLLC

The U.S. Department of Labor ("DOL") recently issued "updated" Family and Medical Leave Act ("FMLA") model notices and medical certification forms.  The prior notices and forms expired on December 31, 2011, but employers may now use the following DOL model notices and forms through February 28, 2015: Certification of Health Care Provider for Employee’s Serious [...]

Business Groups and NLRB File Motions for Summary Judgment in Lawsuit Challenging Amendments to Representation Election Procedures

by Bond Schoeneck & King PLLC

The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace filed a motion for summary judgment on February 3 in their court challenge to the National Labor Relations Board’s final rule amending the procedures applicable to representation elections.  In their motion for summary judgment, the business groups requested that the United States District Court for the [...]

New York’s Highest Court Holds That "No Layoff" Clause in Public Employer’s Collective Bargaining Agreement is Not Arbitrable

by Bond Schoeneck & King PLLC

New York’s highest court recently ruled that a provision in the collective bargaining agreement between the Village of Johnson City and its firefighters’ union which states that the Village will not "lay-off any member of the bargaining unit during the term of this contract" is not explicit enough to prevent the Village from abolishing the positions of six firefighters [...]

U.S. Department of Labor Releases Three Fact Sheets Regarding Retaliation

by Bond Schoeneck & King PLLC

Recently, the U.S. Department of Labor’s Wage and Hour Division released three new Fact Sheets on unlawful retaliation under the Fair Labor Standards Act ("FLSA"), the Family and Medical Leave Act ("FMLA"), and the Migrant and Seasonal Agricultural Worker Protection Act ("MSPA").  Although the Fact Sheets do not contain any new information on the prohibition against retaliation, [...]

NLRB Holds That NLRA Prohibits Class Action Waivers in Mandatory Arbitration Agreements

by Bond Schoeneck & King PLLC

Arbitration agreements are a common tool that employers use to manage EEO and wage/hour litigation risk.  Those agreements often include a provision that an employee who wishes to submit an employment-related claim to arbitration may do so only on behalf of himself or herself, and may not do so as part of a class or collective action.  On [...]

Bill Introduced in the New York State Legislature to Repeal the WTPA Annual Notice Requirement

by Bond Schoeneck & King PLLC

A bill has been introduced in the New York State Legislature that would, if enacted, repeal the annual wage notice requirement imposed by the Wage Theft Prevention Act ("WTPA").  The bill would leave intact the requirement that employers provide a wage notice to all new hires, as well as the requirement that employers obtain signed written acknowledgments [...]

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