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E.D.N.Y. Finds No Per Se Violation of New York Correction Law Where Employer Failed to Conduct Required Analysis

Griffin v. Sirva, Inc., et al., No. 11-CV-1844 (MKB) (E.D.N.Y. May 29, 2014): Plaintiffs, who were residential movers, alleged that their employer unlawfully terminated their employment due to criminal convictions for sex...more

7/1/2014 - Criminal Records Employer Liability Issues Hiring & Firing NYSHRL

Southern District Of New York Judge Conditionally Certifies Another Unpaid Intern Collective Action

O’Jeda v. Viacom, Inc., 13 Civ. 5658 (S.D.N.Y. Apr. 4, 2014): As we covered in our June 2013 and September 2013 issues, a number of intern misclassification cases are currently before New York courts. While those cases are...more

5/1/2014 - Class Action Class Certification Misclassification MTV Unpaid Interns Viacom

New York City Mayor Signs Expanded Sick Time Law, Effective April 1, 2014

On March 20, 2014, New York City Mayor Bill de Blasio signed amendments to the New York City Earned Sick Time Act which, according to his administration, will extend the right to paid sick leave to a half million more New...more

4/1/2014 - Employee Rights Paid Leave Sick Leave

S.D.N.Y. Declines To Enforce No-Hire Agreement For Lack Of Protectable Interest

Reed Elsevier Inc. v. TransUnion Holding Company, No. 13-CV-8739, (S.D.N.Y. Jan. 8, 2014): A federal district court judge declined to enforce a no-hire agreement that would prevent the plaintiff’s former chief technology...more

2/28/2014 - No-Hire/No-Solicitation Agreements Restrictive Covenants

New York’s Highest Court Rules Indefinite Leave Is Not A Reasonable Accommodation Under State Human Rights Law, But May Be Under...

New York’s highest court recently reinstated a former bank executive’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) and affirmed the dismissal of his claim under the New York State Human...more

10/18/2013 - Employee Rights Human Rights Indefiniteness Reasonable Accommodation Unpaid Leave

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

Southern District Of New York Certifies Another Intern Misclassification Decision For Immediate Appeal To The Second Circuit

Glatt v. Fox Searchlight Pictures, Inc., No. 11-CV-6784 (S.D.N.Y. Sept. 17, 2013) (Pauley, J.): Intern misclassification lawsuits remain on the rise in New York and elsewhere, and they continue to create thorny questions of...more

10/1/2013

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

Employer’s Requirement That Unpaid Interns Receive College Credit Was Not An Unlawful Deduction From Wages Under New York Labor...

Wang v. Hearst Corp., 12-CV-0793 (HB) (S.D.N.Y. Jan. 9, 2013): Like many corporations, Hearst Corporation required that its unpaid interns receive college credit as a condition of their internship. In Wang, the plaintiff...more

1/31/2013 - College Credits Internships Unpaid Interns Wages

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

1/31/2013 - Disability Discrimination Hiring & Firing Human Rights Leave of Absence Reasonable Accommodation Undue Hardship

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