#Jason schwartz labor pro#

Where conduct is clearly protected or prohibited by the NLRA, the NLRB, and not the states, should serve as the forum for disputes arising out of the conduct (id.). mutual aid or protection,' i.e., activities that are protected by the NLRA (Hoesten v Best, 34 AD3d 143, 154 ), and therefore that the claims are preempted (see San Diego Bldg. The complaint alleges that defendants (collectively, Amazon) repeatedly and persistently failed to institute reasonable health and safety measures at its facilities (the JFK8 fulfillment center and the DBK1 delivery station) during the COVID-19 pandemic to protect its workers from COVID-19, in violation of Labor Law § 200, and retaliated against workers who raised related complaints about safety conditions, in violation of Labor Law §§ 215 and 740.Ĭontrary to the motion court, we find that the Labor Law §§ 215 and 740 claims alleging retaliation against workers based, in part, on their participation in protests against unsafe working conditions plainly relate to the workers' participation in 'concerted activities for the purpose of. The Clerk is directed to enter judgment accordingly. Bannon, J.), entered on or about October 18, 2021, which, insofar as appealed from as limited by the briefs, denied defendants' motion to dismiss the complaint, unanimously reversed, on the law, and the motion granted. Order, Supreme Court, New York County (Nancy M. Bloom and Shawn Patrick Regan of counsel), for The Chambers of Commerce of the United States of America, amicus curiae.

Hunton Andrews Kurth LLP, New York (Jennifer L. Roger King and Gregory Hoff of counsel), for HR Policy Association, amicus curiae. Letitia James, Attorney General, New York (Ester Murdukhayeva of counsel), for respondent.įisher & Phillips LLP, New York (Seth Kaufman, G.

#Jason schwartz labor pro#

Schwartz of the bar of the District of Columbia and State of Maryland, admitted pro hac vice, of counsel), for appellants. Gibson, Dunn & Crutcher LLP, Washington, D.C. The People of the State of New York, etc., Plaintiff-Respondent,Ī., et al., Defendants-Appellants, HR Policy Association, Amicus Curiae, The Chamber of Commerce of the United States of America, Amicus curiae. This opinion is uncorrected and subject to revision before publication in the Official Reports.īefore: Renwick, J.P., Friedman, Mendez, Pitt, JJ. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.