Claude M. Millman was quoted in an article in Law360 concerning pro bono litigation filed by Kostelanetz LLP, on behalf of the Human Services Council of New York and ten other nonprofits against the City of New York.
The article notes:
Claude M. Millman, who represents HSC, . . . . referenced the Seventh Circuit’s 2005 decision in Metropolitan Milwaukee Association of Commerce v. Milwaukee County , which determined an ordinance requiring contractors to enter into labor peace accords was preempted by the NLRA. The appellate court noted a principle of spillover in which the law could apply to workers or employers not covered under a city or county contract.
“We think that there’s clear spillover here,” Millman told Law360 on Tuesday. “Because the contracts that the plaintiffs enter into with the city are not fully funded by the city to begin with.” The funding could be a combination of money from the city, state or federal government, he said, and employees’ salaries are not fully paid by the city. Local Law 87 could affect employees “engaged in activities unrelated to the city contract” such as a day care worker who is “taking care of kids under a city contract, but also taking care of kids under private arrangements,” Millman said.
The article noted that the “Human Services Council of New York is represented by Claude M. Millman, Caroline Rule and Usman Mohammad of Kostelanetz LLP.”
The article, entitled “NYC Seeks to Toss Nonprofit’s Suit Over Labor Peace Law,” is available here.