Barbara Hoey

Barbara Hoey

Kelley Drye & Warren LLP

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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

UPS Settlement Signals That Pregnant Workers Are Expecting Job Accommodations

Last week, UPS settled its long-running case with Peggy Young, the employee whose case went up to the Supreme Court after she was denied light duty. As many will recall from an earlier blog post, the high court found that...more

10/9/2015 - Disparate Treatment Employer Liability Issues PDA Pregnancy Pregnancy Discrimination Reasonable Accommodation SCOTUS UPS Young v United Parcel Service

The City Commission Clarifies the “Fair Chance Act”

As previously reported, among the legislation passed this year under Mayor DeBlasio, New York City passed the “Fair Chance Act” (“FCA”), which severely restricts an employer’s ability to conduct criminal background checks on...more

10/5/2015 - Background Checks Conditional Job Offers Criminal Background Checks Employer Liability Issues Fair Chance Act Google Hiring & Firing Screening Procedures Search Engines

The NY City Commission Speaks – Be Careful in Claiming an Exemption from the NY City “Credit Check Law”

With the New York City “Stop Credit Discrimination in Employment Act” now in effect (as of September 3, 2015), the City Commission has just released guidelines for some ambiguous points in the law. We first wrote about the...more

9/28/2015 - Background Checks Credit Checks Credit Discrimination Employer Liability Issues FINRA NYHRL

Reminder – Be Careful When Settling A Wage Claim

Addressing an issue that the Second Circuit had not explicitly touched before, the court just held that parties cannot privately resolve and/or discontinue an FLSA claim, without the supervision of the DOL or court approval....more

8/27/2015 - DOL FLSA Settlement Wage and Hour

Sirius XM Settles Wage & Hour Class Action With Unpaid Interns

Earlier this month Sirius XM Radio Inc. settled a wage & hour class action with a class of 1,852 unpaid interns that claimed the company violated federal and state labor laws by failing to compensate them for the work they...more

8/24/2015 - Class Action Employee Definition Employer Liability Issues Fox Searchlight Pictures Minimum Wage Popular Settlement SiriusXM Unpaid Interns Unpaid Overtime Wage and Hour

Recent Ruling in LGBT Case Another Reminder That Religion Cannot Justify Discrimination

We predicted in blog posts on July 24th and July 7th that we would be seeing more in the way of LGBT litigation. I also recommended that managers be given extra training or reminders that in states where LGBT discrimination...more

8/13/2015 - EEOC LGBT Religious Institutions Sexual Orientation Discrimination Title VII Transgender

New Developments in Protections for LGBT Workers

It’s been a busy few weeks for developments in the area of LGBT rights since the Supreme Court’s decision in King v. Burwell , 576 U.S. ___ (2015)....more

7/27/2015 - ACLU Class Action DOJ EEOC Employee Benefits Equality Act Gender Discrimination King v Burwell LGBT Popular Religious Freedom Restoration Act Same-Sex Marriage SCOTUS Sex Discrimination Spouses Title VII Transgender Wal-Mart

What All Employers Can Learn from Ellen Pao’s Resignation from Reddit

You might have been following the latest news on Ellen Pao, the interim CEO of Reddit, who just resigned her position last week. Ms. Pao was also the plaintiff in a high profile sexual harassment lawsuit against her former...more

7/19/2015 - Cyberbullying NLRB Popular Protected Concerted Activity Reddit Sexual Harassment Social Media

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