Latest Publications

Share:

New York City Mayor Bill De Blasio Unveils His First State Of The City Address And Budget

On February 10, 2014, New York City Mayor Bill de Blasio gave his first State of the City address and, shortly thereafter, presented his first budget for consideration by the New York City Council. Although there were few...more

2/28/2014 - Employee Rights Municipalities Prevailing Wages Sick Leave

New York City’s New Administration Announces Proposed Changes To Impending Sick Leave Act

As we covered in our June 2013 and December 2013 issues, New York City’s Earned Sick Time Act becomes effective on April 1, 2014. Yet, having barely been sworn into office, New York City Mayor Bill de Blasio and Council...more

1/31/2014 - Compliance Employee Rights Sick Leave

Reminder: New York Wage Theft Prevention Act Requires Annual Notices To All Employees Between January 1, 2014 And February 1, 2014...

The New York Wage Theft Prevention Act requires employers to provide annual wage notices to all employees no later than February 1, 2014. The notice must include the following...more

12/31/2013 - Notice Requirements Wage and Hour Wage Theft Prevention Act Wages

A Reminder About New York’s Voting Leave Law And Posting Requirements For The Off-Year Election

Although only local elections are scheduled across New York State on Tuesday, November 5, 2013, employers must still ensure that they comply with New York’s voting leave law. Under N.Y. Election Law § 3-110(1), employers must...more

11/4/2013 - Election Laws

New York City And State Human Rights Laws Do Not Apply To Unpaid Interns

Wang v. Phoenix Satellite Television US, Inc., No. 13-CV-218(PKC) (S.D.N.Y. Oct. 3, 2013) (Castel, J.): As we recently covered in our firm blog, Judge P. Kevin Castel in the Southern District of New York recently dismissed an...more

11/4/2013 - Anti-Discrimination Policies Internships NYCHRL Unpaid Interns

New York County Lawyers’ Association Issues Ethics Opinion Restricting Attorneys From Claiming Dodd-Frank Bounties

One of the more well-publicized parts of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) is a whistleblower program that provides bounty payments to individuals who voluntarily provide...more

11/4/2013 - Code of Conduct Dodd-Frank Legal Ethics Whistleblower Awards Whistleblowers

Can Unpaid Interns Sue For Sexual Harassment? New York Court Says No Under City Law

On October 3, 2013, the U.S. District Court for the Southern District of New York dismissed an unpaid intern’s hostile work environment, quid pro quo sexual harassment, and retaliation claims brought under the New York State...more

10/21/2013 - Harassment Hostile Environment Human Rights Internships Sexual Harassment Unpaid Interns

New York State Department Of Labor Guidelines For Permissible Wage Deductions Are Effective October 9, 2013

The New York State Department of Labor recently issued proposed regulations providing further guidance about the permissible scope of wage deductions. The amended statute, N.Y. Labor Law §193, became effective in November...more

10/10/2013 - Wage Deductions Wages

Second Circuit Dismisses Improper Deductions Class Action Suit Under CAFA And Holds That Liquidated Damages Under New York Labor...

Gold v. New York Life Insurance Co., No. 12-CV-2344 (2d Cir. Sept. 18, 2013) (Parker, J.): The plaintiff brought suit on behalf of himself and others alleging that he was improperly classified as exempt from the New York...more

10/1/2013 - CAFA Class Action Dismissals Home State Exception Liquidated Damages Misclassification Wage and Hour

New York City Council Expands Protection Against Pregnancy Discrimination

On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more

10/1/2013 - CAFA Class Action Class Certification Discrimination FLSA Gender Discrimination Liquidated Damages Local Ordinance Minimum Wage Misclassification Municipalities NYCHRL Over-Time Pregnancy Discrimination Reasonable Accommodation Title VII Unpaid Interns

NLRB Did Not Err In Categorically Barring NLRA Back Pay For Undocumented Workers, Second Circuit Holds

Palma v. NLRB, No. 12-1199 (2d Cir. July 10, 2013): Petitioners are undocumented aliens who were unlawfully discharged for engaging in protected activities under the National Labor Relations Act (NLRA). At a compliance...more

9/2/2013 - Back Pay Hiring & Firing Immigration Reform NLRA NLRB Protected Activity Unlawful Aliens

Reminder: “Unemployment” Status Is A Protected Category Under New York City Human Rights Law Effective June 11, 2013

As we previously covered in the March 20, 2013 issue of the New York eAuthority, New York City now recognizes “unemployment” status as a protected class under the New York City Human Rights Law....more

7/2/2013 - Discrimination Hiring & Firing Job Applicants Local Ordinance Municipalities Unemployment Discrimination

New York Department Of Labor Issues Proposed Guidance For Permissible Wage Deductions

On May 22, 2013, the New York State Department of Labor published its long overdue proposed regulations interpreting New York’s permissible deductions from employee wages....more

7/1/2013 - Deductions DOL Proposed Regulation Wages

Southern District Continues Trend To Find Internship Programs Run Afoul Of Wage And Hour Laws

Glatt v. Fox Searchlight Pictures Inc., No. 11-CV-6784 (S.D.N.Y. June 11, 2013): In a further reminder about the risks of using unpaid interns, District Judge William Pauley III ruled that Fox Searchlight Pictures Inc....more

7/1/2013 - FLSA Fox Searchlight Pictures Minimum Wage Unpaid Interns Wage and Hour Wages

Second Circuit Reaffirms That Private Prevailing Wage Claims Are Barred By Davis-Bacon Act

Carrion v. Agfa Construction, Inc., Nos. 11-5098, 11-5334 (2d. Cir. June 13, 2013): On appeal from an order by District Judge Brian M. Cogan in the U.S. District Court for the Eastern District of New York, the...more

7/1/2013 - Davis-Bacon Act Department of Labor & Industry Prevailing Wages Wages

New York City Council Passes Paid Medical Leave Effective April 2014

On June 26, 2013, New York’s City Council overrode Mayor Michael Bloomberg’s veto and adopted the “Earned Sick Time Act,” making New York City the largest municipality in the country requiring employers to provide paid...more

7/1/2013 - Compliance Employee Benefits Employee Rights Human Rights Local Ordinance Medical Leave Municipalities New Legislation

New York City Council Overrides Mayor Bloomberg’s Veto And Passes Law Prohibiting “Unemployment” Discrimination

New York City will soon become one of only a handful of jurisdictions prohibiting discrimination on the basis of “unemployment” status and, in doing so, has adopted arguably the most stringent such law in the United States....more

3/21/2013 - Discrimination Hiring & Firing Job Applicants Unemployment Discrimination

Third Department Affirms Unemployment Insurance Appeal’s Board Finding Of No Misconduct Due To Unintentional Internet Usage

In the Matter of the Claim of Jay Osborne, 102 A.D.3d 1048 (3d Dep’t Jan. 24, 2013): In this case, the plaintiff was terminated for violating his employer’s policy against personal use of the Internet during work hours...more

3/1/2013 - Unemployment Insurance Willful Misconduct

Settlement Of Equal Pay Act Claims By Female Workers Does Not Provide Complete Defense Against A Later Suit By Male Workers For...

Volpe v. Nassau County, No. 12-CV-2416 (JFB-AKT) (E.D.N.Y. Jan. 3, 2013): Male police and fire department employees brought suit against Nassau County alleging that they received lower wages than those paid to women...more

3/1/2013 - Equal Pay Equal Pay Act Immunity

Eastern District Concludes That ERISA Preempts Negligent Misrepresentation Claim

Korman v. Consolidated Edison Co., No. 12-CV-1561 (JFB-ARL) (E.D.N.Y. Jan 16, 2013): The plaintiff brought the Employee Retirement Income Security Act (ERISA) and common law claims against his benefits provider,...more

3/1/2013 - Employee Benefits ERISA Negligent Misrepresentation Retirement United Healthcare Insurance Co.

New York City Council Passes Bill Prohibiting “Unemployment” Discrimination; Mayor Bloomberg Indicated Intention To Veto Bill

On January 23, 2013, New York’s City Council passed a bill that would modify the New York City Human Rights Law and prohibit discrimination based on unemployment status. ...more

3/1/2013 - Discrimination Human Rights Unemployment Discrimination

Governor Cuomo Proposes Increased Minimum Wage And Significant Changes To New York’s Employment Law In State Of The State Address

Although New York State’s recent strict assault weapons ban has garnered the majority of attention from Governor Andrew Cuomo’s 2013 legislative agenda, Governor Cuomo also has made significant proposals that will affect...more

1/31/2013 - Discrimination Gender-Based Pay Discrimination Minimum Wage Unemployment Insurance Wages

E.D.N.Y. Rules That Private Postings On Social Media Relating To Plaintiff’s Mental State Are Fair Game For Discovery

Reid v. Ingerman Smith LLP, No. 12-CV-0307(ILG-MDG) (E.D.N.Y. Dec. 27, 2012): In a sexual harassment lawsuit where the plaintiff sought emotional damages, the defendant filed a motion to compel discovery concerning the...more

1/31/2013 - Discovery Facebook Harassment Reid v Ingerman Smith LLP Sexual Harassment Social Media

First Department Appellate Court Reinforces Liberal Standard For Hostile Work Environment Claims Under The New York City Human...

Hernandez v. Kaisman, No. 104989/07 (1st Dep’t Dec. 27, 2012): A group of female plaintiffs alleged that the defendant, a doctor who owned and operated a medical office, created a sexually hostile work environment in...more

1/31/2013 - Harassment Hostile Environment Physicians Sexual Harassment

Reminder: New York Wage Theft Prevention Act Requires Annual Notices For All Employees By February 1, 2013

The New York Wage Theft Prevention Act requires employers to provide annual wage notices to all employees no later than February 1, 2013. The notice must include: the rate(s) of pay, including the overtime rate, if any; the...more

1/31/2013 - Notice Requirements Wage Theft Prevention Act Wages

30 Results
|
View per page
Page: of 2