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Napoli Bern Ripka, LLP Blog

Blog Category:

Labor Law

    8/21/2008
    Oguz Ozdemir
    Comments (0)

    Wal-Mart may be at fault for Violating Election Laws, Labor Unions to Question

    It has been alleged that Wal-Mart was prompting its higher-level managers and supervisors that if the Democrat party wins, it would enable Wal-Mart unions it easier for workers to unionize companies. Wal-Mart told its employees that if the Democratic Party wins the election it would prompt employees to have to pay large union dues while getting nothing in return. Wal-Mart also told employees that if the Democratic Party wins if a strike occurs they will not be compensated as well as the possibility that fewer jobs could emerge as labor costs rise. “The actions by Wal-Mart, the nation's largest private employer, reflect a growing concern among big business that a reinvigorated labor movement could reverse years of declining union membership. That could lead to higher payroll and health costs for companies already being hurt by rising fuel and commodities costs and the tough economic climate.”


                Wal-Mart addresses other serious issues in relation to the election in these meetings in which the top dogs at Wal-Mart do not specifically tell its employees to vote republican, but it makes it pretty clear what will happen if the Democratic Party prevails. If Barack Obama wins the November election it will be almost that a bill will be passed that will not give employees as choice as to whether a union will be put together. Employees of Wal-Mart who attended the meeting said that Wal-Mart’s advisors made it pretty clear on which way they wanted us to vote.


                What is at the middle of this whole labor law equation is the Employee Free Choice Act. This legislation act is intended to allow unions to acquire millions of new members at a rapid pace. David Tovar, Wal-Mart spokesman said " We believe EFCA is a bad bill and we have been on record as opposing it for some time. We feel educating our associates about the bill is the right thing to do." However, it seems that Wal-Mart is not the only companies warning their employees what would happen if the Democratic Party won and the Employee Free Choice Act was passed. Laundry Co. Cintas Corporation has also been alleged with making the same types of claims as Wal-Mart. "We feel it's important that our employee partners fully understand the implications that the Employee Free Choice Act could have on their work environment and benefits," said Heather Trainer, a Cintas spokeswoman.


                Labor law issues are something that is really important to large corporations due to the effects they have on the company. These labor laws are what will either enable or disable Wal-Mart to continue to offer its consumers the low prices they are accustomed to. Wal-Mart is able to provide consumers with such low prices because there overhead and labor costs are so low. This is a whole other issue to say if this type of behavior is ethical or not. Labor law issues are something that can completely devastates employee’s earnings and leave them struggling to make a decent life for themselves and their families.


                At Napoli Bern Ripka LLP, our attorneys have the resources and the eagerness to litigate labor law cases. Our firm’s experienced attorneys have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them.


    For the full article on Wal-Mart click here

    Read More about "Wal-Mart may be at fault for Violating Election Laws, Labor Unions to Question"


    Labels: napolibern.com, New York City
    8/7/2008
    Oguz Ozdemir
    Comments (0)

    Pilot Union Sued by United Airlines

    United Airlines has asked that the Air Line Pilots Association to stop from supporting its pilots to participate in an illegal and disorderly sickout, or protest against United’s plan to cut its pilots in an effort to reduce expenses.  United Airlines brought this suit up with the U.S, District Court in Chicago. United Airlines’ claimed that the Air Line Pilots Association Union and four specific pilots had violated the Federal Labor Law that forbids transportation workers from performing work slowdowns. Pilots and flight attendants work on a pay system that is determined from the length of the trip, in which employees can gain more revenue if there is some type of hold up. Due to some of United’s workers deliberate slow downs, United was forced to delay and or cancel over 300 flights occurring in the last two weeks in July. These cancellations amount up to a big sum of lost revenue. Specifically, the cancellations cost upwards to a multiple of millions of dollars, a tainted reputation, and the interference of over 30,000 passengers travel plans.


                The lawsuit intended to not include most of the pilots who issued good behavior, but to, “serves to underscore the growing antagonism United's wrenching cost-cutting measures are creating between the airline and its pilots.” However substantial United Airlines claim may be the Union had this to say the following statements about the situation, “it is inaccurate and alarmingly misleading information…also not a constructive approach to labor relations."Another first in the company’s history is that United Airlines has never sued its pilots before, and why would they. The Pilots are the talent in their business and without them United would have no service to provide to their customers.


                Since the Airline industry is at war with the economy, aka fighting high gas prices, the lower amount of travelers, and the peoples decision to not travel as much this summer has caused the airline to evoke new cost cutting tactics to reduce the number of aircrafts they carry, the amount of routes they currently offer, and the amount of pilots they currently employ. The employees that will be seeing this cut are junior officers, that currently help to operate the 737’s of which half will be seeing ground time due to these new cost cutting measures. Another reason supporting United Airline’s decision to sue the labor unions is that the number of employees calling in sick has doubled since last year. These increased efforts in the sick rate amounts only to a slow down could only be done by a concerted action by United’s employees. 


    At Napoli Bern Ripka LLP, our attorneys have the resources and the eagerness to litigate labor law cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them.


    For the full article click here

    Read More about "Pilot Union Sued by United Airlines"


    Labels: napolibern.com, New York City
    7/28/2008
    Oguz Ozdemir
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    Lobbyists Push Law Reform, Regardless of Abundant Labor

    The vagueness of immigration reorganization and the mounting confidence of immigration law enforcement continue to aggravate growers, labor lobbyists believed this month. Despite the current condition of the economy and the rising price of oil, the one thing that farmers are not going to be worrying about is the availability of Labor. However, this could turn out to not to be a good thing. The reason for the aboundant amount of workers in the agriculture industry is because workers were formerly employed by contractors building houses and office parks. However due to the slumping housing market in our nation, these workers have returned to agricultural work.


                Craig Regelbrugge, vice president for government relations for the American Nursery and Landscaping Association, Washington, D.C. said, “The story isn’t about crops rotting in the fields all over the place,” he said. “The great challenge we face is that a lot of folks either have decided nothing can happen this year or they have decided they have enough labor today and they are sitting on their hands and staying quiet. Even so, growers are just one immigration raid away from disaster.”


                Since this is a big year with the election, farmers are awaiting labor reform without much hope. This is due to the fact that this issue won’t get much attention because of the upcoming election. Sen. Dianne Feinstein, D-Calif., is attempting to find legislation to which she can attach an immigration/agricultural labor bill, called the Emergency Agriculture Relief Act of 2008. This bill is reminiscent to long-simmering AgJobs legislation. The difference it’s that it is a 5yr limited program in which workers don’t have a way to gain citizenship The emergency agriculture relief act of 2008 will also reflect the way wages are organized under the H-2A program.


                Agriculture growers are going to see some relief however, due to the revising of rules in the H-2A program. This relief is coming to aid because of the proposed changes by agriculture growers, employers, employees, and advocates of the topic. Bush’s administration has proposed some ideas however, the consensus from the industry suggest that they would rather come up with their own methods then take that of Bush’s administration. Another determinant is the no-match regulation that would enforce fines and criminal charges for employers who couldn’t prove their workers social security numbers. Agricultural growers are looking forward to finally knowing what laws and rules they must abide by. No one wants to make a mistake, therefore they are anxious to get everything right. All in all, labor shortage is not going to be of concern but sanctions are expected.


                  When employees aren’t accustomed to the proper working conditions, problems are sure to arise. When nearly 6 out of 100 workers experience a job related serious injury, there is a need for legal protection. At Napoli Bern Ripka, our attorneys have the resources and the eagerness to litigate labor law cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them.


     


    For the full article click here

    Read More about "Lobbyists Push Law Reform, Regardless of Abundant Labor"


    Labels: napolibern.com, New York City
    7/9/2008
    Oguz Ozdemir
    Comments (0)

    Wal-Mart Violates Labor Laws, to pay 6.5 million

    Wal-Mart Stores Inc. was found guilty of violating Minnesota Labor Laws. The suit, filed on behalf of about 56,000 Wal-Mart and Sam's Club employees, alleged that Wal-Mart managers forced hourly workers to work off-the-clock during training and denied full rest or meal breaks, in order to keep labor costs down. The suit was given class action status in 2003. He also ruled that the company pay current and former employees $6.5 million in compensation for contractual violations. Wal-Mart has been subject to criticism by various groups and individuals. Labor unions fund and lead community groups, grassroots organizations, religious organizations, and environmental groups in protests against Wal-Mart, the company's policies and business practices, and Wal-Mart customers.


    Wal-Mart's audits revealed that the company was aware of the problems but "put its head in the sand" and chose to do nothing said Judge Robert R. King Jr. This is just the latest chapter in Wal-Mart's one step forward; two steps back effort to change its public image. Pennsylvania court, also in December 2005, approved a class-action lawsuit against Wal-Mart Stores Inc. by employees in Pennsylvania who say the company pressured them to work off the clock. The class could grow to include nearly 150,000 current or former employees.Wal-Mart was also found in violation of statutes relating to making and keeping employee time records and failing to let employees have any time for a meal break. While the plaintiffs won't receive compensatory damages for those violations, Wal-Mart is subject to a $1,000 civil penalty for each incident.


    When work establishments do not practice these health and safety procedures, they are susceptible to major infringements when these problems occur. Workplace hazards fall into three categories: physical hazards (slips, falls, and dangerous equipment), physical agents (noise, vibration, heat/cold stress), chemical & biological agents (solvents), and psychosocial issues (work related stress, violence). Occupational health and safety issues are most prevalent in blue collar workers; however there has been a rise in white collar worker disputes as well. Labor law is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. With all of these regulations set in place you would think officials have a good grasp on the matter. However, due to substandard equipment, poor safety procedure, and a lack of proper training, detrimental accidents occur in the workplace are leaving employees injured and out of work.


    When employees aren’t accustomed to the proper working conditions, problems are sure to arise. When nearly 6 out of 100 workers experience a job related serious injury, there is a need for legal protection. At Napoli Bern Ripka, our attorneys have the resources and the eagerness to litigate labor law cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them.



     


    For the full Wal-Mart article click here

    Read More about "Wal-Mart Violates Labor Laws, to pay 6.5 million"


    Labels: napolibern.com New York City
    6/24/2008
    Paul Napoli
    Comments (0)

    Labor Law

    Due to over 6 million occupational work related injuries in one year alone, there is a great need for increased regulation. Labor law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Occupational health and safety issues are most prevalent in blue collar workers; however there has been a rise in white collar worker disputes as well. Labor law is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. With all of these regulations set in place you would think officials have a good grasp on the matter. However, due to substandard equipment, poor safety procedure, and a lack of proper training, detrimental accidents occur in the workplace are leaving employees injured and out of work.


    The reasons for establishing proper occupational health and safety procedures in the work place is obvious, however the following reasons specifically explain why they are of such importance. The legal reason is that OSHA may be enforced in civil and or criminal law. It is fairly well known that without the authority breathing down your neck, many organizations would not act upon their implied moral obligations. The economic reason is that governments realize that poor occupational health and safety procedures end up costing the state through high medical treatments, social security payments, and the loss of employability of the worker. The moral reason is that an employee should not have to risk injury at work, nor should others associated with the work environment.


                When work establishments do not practice these health and safety procedures, they are susceptible to major infringements when these problems occur. Workplace hazards fall into three categories:  physical hazards (slips, falls, and dangerous equipment), physical agents (noise, vibration, heat/cold stress), chemical & biological agents (solvents), and psychosocial issues (work related stress, violence).


                  When employees aren’t accustomed to the proper working conditions, problems are sure to arise. When nearly 6 out of 100 workers experience a job related serious injury, there is a need for legal protection. At Napoli Bern Ripka, our attorneys have the resources and the eagerness to litigate labor law cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them.

    Read More about "Labor Law"


    Labels: napolibern.com New York City

 

 

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