At the end of the summer, the National Labor Relations Board (the “Board”) came down with a game-changing decision that affected fast-food chains and related companies dealing with contractors and franchisees. The decision heavily favored unions because it changed the meaning of an employer-employee relationship by including a staff contractor—a person hired to staff the parent company’s facilities—within the concept of a joint employer. Therefore, because a staff contractor is employed by the parent company, a union is legally entitled to bargain directly with the parent company, bypassing any bargaining relationship with the staff contractor at that specific facility. Previously, employees in this line of work rarely succeeded in union organizing, which, in some degree, was due primarily to their weak negotiating leverage against franchisees and staff contractors. Now, however, the Board significantly made union representation easier through an “indirect test” that establishes a greater number of bargaining relationships through an “ever-widening circle of employers.” For example, if fast-food employees at a particular restaurant choose to become unionized, this decision gives union representatives the opportunity to negotiate not just with the franchisee or contractor of that particular restaurant, but also with the corporate headquarters. For more information on this decision and how it may impact companies beyond fast-food restaurants, check out this article from The New York Times!
Category Archive: News
Dean Michael A. Simons, Dean and John V. Brennan Professor of Law and Ethics, and Professor David L. Gregory, the Dorothy Day Professor of Law and Executive Director of the Center, are pleased to announce the St. John’s Law students named 2015 Scholars for Excellence. They would also like to thank all of the generous alumni donations, including new endowed scholarships by Alumni Michael Borrelli, Robert Nobile, Troy Rosasco, and Isaac Torres. This year, Evan Spelfogel, a senior partner at Epstein Becker and Green, endowed a scholarship in memory of his late wife Beverly, a distinguished graduate of the St. John’s Law Class of 1984.
Congratulations to all of the students and thanks to all of their benefactors. Special thanks to the Selection Committee, including Dean Michael A. Simons, Assistant Dean Jean Arden, Ana Shields, Michael Van Aken, and David Marshall. Each of the 2015 Scholars for Excellence in Labor and Employment Law, and Junior Fellows of the Center, receives a partial tuition merit scholarship. They are:
Marlin Duro ‘17 is the John Boyd Memorial Scholar and the Research Fellow of the Boyd Law Group.
Patrick Boyd ’00, founder of the Boyd Law Group, established this scholarship (2011) and research fellowship (2014). in honor of his Grandfather.
Anthony Holesworth ’16 is the inaugural Professor David L. Gregory Scholar and Research Fellow. Mr. Holesworth is also the Co-President Elect of the Labor Relations and Employment Law Society, 2015-2016. David Marshall, Adjunct Professor and Counsel to the international law firm Locke Lord, has inaugurated this research scholarship.
Charles Lazo ‘16 is the Louis E. O’Neil Scholar. Terry O’Neil ’70, a partner at Bond, Schoeneck & King, PLLC and Adjunct Professor, inaugurated this scholarship in honor of his Father in 2012.
Matthew O’Neill ’16 is the Jackson Lewis Scholar. The scholarship was established in honor of the late Alan Becker, a partner with the firm and a mentor to the St. John’s Law graduates who founded the scholarship in 2006 in his honor: Ana Shields ‘03, Craig Roberts ‘97, and Chris Valentino’00.
Eric Barnosky ‘16 is the John Sciortino Memorial Scholar, established by Adjunct Professor Troy Rosasco.
Thomas C. Rossidis ’17 is the inaugural Richard J. and Maria Van Aken Memorial Scholar. This scholarship is established by Michael R. Van Aken ’99, Coca Cola Vice President, and Human Resources 21st Century Beverage Partnership Model, in honor of his late parents.
Arthur Rushforth ’16 is the Anthony L. Pedretti Scholar. Mark G. Pedretti ’92, a partner at Reed Smith, inaugurated this scholarship in honor of his father.
Eugene Ubawike, Jr. ’15 is the inaugural Basil Paterson ’51 Memorial Scholar.
Cynthia Lauren Vella ’16 is the Coca-Cola Scholar. Ms. Vella is also the Co-President Elect of the Labor Relations and Employment Law Society, 2015-2016. Established in 2010 by Michael R. Van Aken ’99, Coca Cola Vice President, Human Resources, this nationally prestigious scholarship is coupled with compensated summer employment in the corporate labor and human resources functions of Coca-Cola.
Robert W. Vogel ‘16 continues as the Dorothy Day Memorial Scholar. This is the Law School’s senior scholarship for excellence in labor and employment law. The scholarship was founded in 1997 by Robert J. Nobile ’84, a partner at Seyfarth Shaw.
Quinn Wetherall ’16 continues as the Monsignor Thomas J. Darby Memorial Scholar. Mr. James Darby ’84 was a staff lawyer with the office of the Chairman of the National Labor Relations Board, an advisor to the now-late Governor of Pennsylvania, and a member of the labor board of Pennsylvania prior to becoming a distinguished arbitrator and mediator. He is the nephew of the late Monsignor, an alumnus of St. John’s University.
Thank you to all of our benefactors for your generous support!
The Center for Labor and Employment joins St. John’s Law, along with many others, in mourning the passing of Cardinal Edward M. Egan, who served as an honorary chair of the CLEL. The Center was honored to host Cardinal Egan last semester, and as Professor David. L. Gregory said, “Everyone at St. John’s was privileged to hear the wise words of the Church’s greatest canon lawyer… He will be missed.”
On Tuesday, February 10th, Republican Governor Sam Brownback rescinded a 2007 executive order that prohibited employment discrimination against gays, lesbians, bisexuals and the transgendered in state government jobs. Over 7 years ago, Governor Kathleen Sebelius, a Democrat, passed the executive order, which required government agencies to have programs that prevents harassment against any member of the LGBT community that is looking to work or who currently works in a government agency. Many groups are condemning this behavior from Governor Brownback including national gay-rights group, Human Rights Campaign, and the state’s leading gay-rights group, Equality Kansas. Check out this article from The New York Times to learn more!
For the first time in the history of the NY State Bar Association Labor and Employment Law Section’s annual writing competition for law students, this year all three prizes (the Stein Memorial Scholarships) have been won by law students at one law school–St. John’s.
Anthony Holesworth ’16 won first prize for his paper, “Student-Athletes or Athlete-Students? The Slippery Slope Presented by College Athletes as Employees;” Cynthia Vella ’16 won second prize for her paper “Student Athletes and the Public Sector: The NLRB’s Northwestern Decision and the Potential Effects on Public Universities;” and, Samantha Kimmel ’15 won third prize.
In addition, Sarah Mannix ’15 has won third prize in the Section’s Law Student Leadership category (the Sam Kaynard Memorial Scholarship).
In the past three years St John’s law students have won ten of the eighteen prizes awarded for Research papers and or Student Leadership service.
The winning students will be officially recognized at the NYSBA Labor and Employment Section lunch on Friday, January 30, 2015.
Again, congratulations to all.
Dear Students of Professor Gregory’s Employment Law and Employment Discrimination,
Professor Gregory will be available to meet with anyone wishing to review fall semester 2014 exams, beginning Wednesday January 28.
Please contact Janet Kroll, 4th floor front desk, for an appointment after 2 pm on Jan 28, Feb 2 and 4. C grades and lower have priority until Monday Feb 9.
Check out Professor Gregory’s comments on the N.F.L. commissioner’s handling of the Ray Rice scandal in The New York Times here!
Fall Fest 4:00 pm – 7:00 pm Great Lawn
The Labor Relations and Employment Law Society E-board and members, will have various program information available.
Mr. Jack Newhouse, Class of 2012, an Attorney with Virginia and Ambinder, will discuss wage and hour compensation claims from the plaintiff employee rights perspective. Room 2-12, 1:40 pm – 3:50 pm. This is a very compelling dimension in Labor and Employment Law. See, for example, Steven Greenhouse, More Workers are Claiming Wage Theft, Monday, Labor Day, The New York Times, September 1, page 1.
General Meeting of the Labor Relations and Employment Law Society, 530 pm—630 pm, Room TBD/TBA. Employment search Information—bring your cover letters and resumes
The Honorable Jacqueline Berrien, the Chair of the United States Equal Employment Opportunity Commission, will discuss the strategic initiatives of the Obama Administration. Room 2-12, 6:15 pm — 7:50 pm.
Triple Alumnus Dr. Charles Russo, Law School Class of 1983, and Panzer Chair at the University of Dayton School of Education, and Adjunct Professor of Law, will discuss education as a global human right. In addition to being the primary author of the leading text book on Education Law, Dr. Russo is the author of hundreds of professional and academic articles informed by his academic and professional presentations in more than 30 nations. This event will be at the Catholic Worker Mary House, 55 East 3rd Street, between 1st and 2nd Avenues in Manhattan, commencing at 7:30 pm.
October 27th, Monday, Room and Time TBD
Edward Cardinal Egan, Archbishop of New York (ret.), will reflect on his half century of work to enhance Human Rights, ranging from his work as a newly ordained priest through his many years of friendship with Pope Francis.
Note Regarding Annual Management Lawyers Colloquium
The Annual Management Lawyers Colloquium and dinner, and the conferral of the Cesar Chavez Memorial Prize upon the Class of 2015 student with the highest GPA in the most labor and employment law courses at the beginning of the senior year, have been deferred indefinitely. The Jackson Lewis Scholarship, normally awarded at the Colloquium, has been deferred. to the Spring Semester 2015. The scholarship application and selection process, as well as the election of the Labor Society’s executive officers for 2015-16, will commence in January 2015.
The entire St. John’s Labor and Employment Law community would like to thank Ms. Paula Edwards and Mr. James Conlon for their hard work and dedication during their time at St. John’s. James Conlon has not only supported the Labor and Employment Law community in the classroom but he has been instrumental in finding many students interested in Labor and Employment summer internships and employment. His dedication and passion for helping the Labor and Employment Law community grow will be truly missed.
Ms. Paula Edwards is the perfect example of an administrator who has a passion for helping anyone that approaches her. Students, faculty, alumni and professionals have all come to her for guidance and assistance and she always has a solution or game plan for tackling any question or event that may come her way. Paula has been indispensable in building and expanding the Center for Labor and Employment Law and has supported the Labor Relations and Employment Law Society in its day to day operations in so many ways. Over the course of the past few years, Paula Edwards has been instrumental in our highly successful conferences sponsored and hosted by our Center. We will all miss Paula dearly, not only for the work that she has done for our community, but also for the devoted, outgoing and extraordinary person that she is.
Below, please find an invitation on behalf of Professor David Gregory to a dinner honoring Both Paula Edwards and James Conlon.
On March 13th, President Obama declared an executive order to update and modernize the “white collar” exemption of the federal overtime rules that currently exist. These changes ordered to the Labor Department will allow extra pay for millions of workers when they work over 40 hours a week. The Fair Labor Standards Act states that non-exempt workers must be paid 1.5 times their pay rate when they work more than 40 hours per week. However, “white collar” employees, who at the time were considered to be high-salary employees, were exempt from this wage protection. According to The New York Times, this no longer the case because today the salary cap that prevents employees from receiving “time and a half” is about $24,000 a year. Subsequently about 88% of workers in the United States, including executive, administrative and professional employees, are exempt from overtime pay. Unfortunately this order from President Obama does not mean that these exempt employees will start receiving overtime pay right away. Instead, the Secretary of Labor will develop a plan to expand the number of workers that will be considered non-exempt and make it easier for both employees and employers to receive and provide this wage protection.
For the official release of the Presidential Memorandum from the Office of the Press Secretary click here!
Do you think this a proper step towards the President’s goal of shrinking economic inequality?
Let us know what you think in the comments!