Barbara Hoey

Barbara Hoey

Kelley Drye & Warren LLP

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‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?

Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine. Many health care facilities have implemented policies which...more

9/15/2016 - Corporate Counsel EEOC Flu Shot Rule Hiring & Firing Reasonable Accommodation Religious Discrimination Title VII Vaccinations

Is There a Change in the Wind for LGBTQ Law?

Unlike many of us, the courts were not on vacation during the month of August in the area of LGBTQ law. We have seen a number of rulings which seem to signal that the courts are trying to “slow down” the EEOC and other...more

9/12/2016 - EEOC LGBT Popular RFRA Sexual Orientation Discrimination Title VII Transgender

A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination

In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28th that Title VII does not protect against sexual orientation discrimination. The case is Kimberly Hively v. Ivy Tech...more

8/8/2016 - Civil Rights Act EEOC Job Promotions Sexual Orientation Sexual Orientation Discrimination Title VII

Supreme Court Stays Fourth Circuit’s Ruling Affirming Transgender Students’ Bathroom Rights

The Supreme Court stayed a Fourth Circuit ruling that requires schools to allow transgender students to use the bathroom of the gender they identify as. We are monitoring the case for its impact on employers going forward. ...more

8/4/2016 - Gender Identity School Restrooms Students Transgender

Lessons to be Learned from Uber’s “Wrong Turn” with a Private Investigation

In today’s era of social media and the internet, many of us have an insatiable desire for information and a knee jerk reaction when attacked: - What dirt can we find out about our adversary? This often happens...more

8/4/2016 - Attorney-Client Privilege Private Investigators Social Media Uber Young Lawyers

NY Attorney General Sends a Message: Re-Think Non-Compete Agreements

New York employers be warned – your non-compete agreements may be under attack. The office of the New York Attorney General (AG), Eric Schneiderman, has recently reached settlements with two different companies that...more

7/20/2016 - Attorney Generals Non-Compete Agreements Settlement

EEOC LGBT Cases in the News

Settlement of Sexual Orientation Case – The EEOC and a Maryland employer have settled a landmark sexual orientation discrimination case. EEOC v. Pallet Companies d/b/a IFCO Systems NA, Inc. was filed in March 2016, and was...more

7/8/2016 - EEOC LGBT Sexual Orientation Discrimination Title VII Transgender

“Cooperation is Key” – Second Circuit Affirms Employer’s Ability to Fire an Employee for Refusal to Cooperate In an Internal...

In 2004, as then NY Attorney General Elliot Spitzer focused his efforts to root out fraud in an insurance brokerage giant, Marsh & McLennan, two Marsh executives, William Gilman and Edward McNenney, were caught in his...more

6/28/2016 - Attorney Generals Bid Rigging Corporate Counsel Hiring & Firing Insurance Brokers Internal Investigations

The Fourth Bite at the Apple Uncovers a “Worm” for Duane Reade

Just last week, we offered a web training to our clients highlighting the continuing challenges faced by employers as they strive to comply with state and federal wage and hour laws. A June 9th decision by New York District...more

6/17/2016 - Class Action Collection Action FLSA Misclassification Wage and Hour

Transgender Rights In the News

Almost every day the news has some new legal development involving the rights of LGBT employees. We already reported on the litigation heating up between North Carolina and the DOJ concerning that state’s now infamous...more

5/18/2016 - DOJ EEOC LGBT Title VII Transgender

EEOC Acts Again on LGBT Rights

The EEOC has again taken the reins on LGBT rights by issuing some “Bathroom” guidance, giving employers a further strong indication of where the agency is leaning when it comes to enforcement of LGBT rights in the...more

5/9/2016 - EEOC Employee Restrooms Gender Identity LGBT Sex Discrimination Title VII Transgender

Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance

Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an...more

5/5/2016 - ADA Corporate Counsel FMLA Hiring & Firing Reasonable Accommodation Termination

Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”

Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and found that...more

4/6/2016 - Certiorari Class Action Comcast v. Behrend Dukes v Wal-Mart SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Wage and Hour

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...more

4/1/2016 - Class Action Comcast v. Behrend Doffing Donning Dukes v Wal-Mart Rule 23 SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

FMLA Leave is Like a Hot Potato – Handle with Care or You Might Get Burned: The Message of the Culinary Institute Decision

Much has been written about the Second Circuit’s recent decision, finding that a Director of Human Resources at the Culinary Institute of America (“CIA”) was individually liable as an “employer” for FMLA interference and...more

3/28/2016 - FLSA FMLA Hiring & Firing Human Resources Professionals Medical Leave Popular

What Has the EEOC Been Up To?

We reported on the EEOC’s filing of the first LGBT discrimination suit earlier this month, but that was not the only activity at the agency. Employers should take note of the following new EEOC developments...more

3/18/2016 - Age Discrimination EEOC LGBT

New York City Makes “Caregivers” the Newest Class of Protected Employees

Effective May 4, 2016, New York City employers with four or more employees are prohibited from firing or refusing to hire an individual, and from discriminating against an individual in compensation or terms and conditions of...more

3/15/2016 - Caregivers Disparate Impact Employer Liability Issues Employment Discrimination Hiring & Firing NYHRL

Walmart Discrimination Case Makes Headline

Last month Walmart was hit, in headline making fashion, with a massive $31.2 million verdict in a New Hampshire disability and gender discrimination case. What makes this verdict particularly news-worthy is not only its...more

2/15/2016 - Disability Discrimination FMLA Gender Discrimination Jury Verdicts Punitive Damages Wal-Mart

Company to Pay $115,000 to Settle Sex Discrimination Suit on Behalf of Transgender Employee

As predicted, the news in the Labor/Employment world continues to center on developments in the area of legal rights for transgender employees. On January 21, the EEOC announced a $115,000 settlement of a complaint against a...more

2/2/2016 - Corporate Counsel EEOC Enforcement Actions Sex Discrimination Title VII Transgender

New York Employers – Looking Backward and Forward.

Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come....more

1/13/2016 - Background Checks Employer Liability Issues Fair Chance Act Hiring & Firing Pay Equity Act (PEA) Pregnant Workers Fairness Act Sexual Harassment Transgender Unpaid Interns Wage and Hour

Transgender Rights on the Front Page: A Continuing Conversation

A transgendered woman recently filed a complaint with the EEOC against one of the largest health care providers in the nation, and commenced a federal lawsuit alleging sex discrimination in violation of Title VII and sought...more

12/18/2015 - EEOC Employer Liability Issues Sex Discrimination Title VII Transgender

New York Employers Should Be Aware of Laws Protecting Employees Who Are Victims of Domestic Violence

This article, reporting on a significant settlement of a claim of wrongful termination of an employee who was a victim of domestic violence, should serve as a reminder for all New York employers. As reported by the New York...more

12/2/2015 - Adverse Employment Action Attorney Generals Domestic Violence Employment Discrimination Human Rights Code Remedies Wrongful Termination

The Bathroom Dilemma in the News – Transgender Rights on the Front Page

The front page of last Sunday’s New York Times ‘Styles’ section was almost entirely devoted to an article called “The Symbols of Change,” recounting how many public venues are converting from the traditional male/female...more

11/16/2015 - EEOC Employee Restrooms Gender Identity OCR Sexual Stereotyping Title IX Title VII Transgender

New York City’s “Ban the Box” Law, the Fair Chance Act, in Effect

We summarized the key provisions of the law in a prior post. The new law now provides that employers cannot do background checks until the conditional offer has been extended. It also requires that a City employer provides a...more

10/28/2015 - Ban the Box Criminal Background Checks Employer Liability Issues Fair Chance Act Hiring & Firing Job Applicants NYCHRL

The Duty of Loyalty Lives on in New Jersey

In an interesting decision affirming the ‘old-but-not-forgotten’ principle that an employee owes his first duty of loyalty to her employer, the New Jersey Supreme Court recently affirmed a decision allowing an employer to...more

10/9/2015 - Attorney Malpractice Disgorgement Duty of Loyalty Fraud Hiring & Firing NJ Supreme Court

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