Barbara Hoey

Barbara Hoey

Kelley Drye & Warren LLP

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“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

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

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

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

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

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

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

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

6/8/2015 - Abercrombie & Fitch Appearance Policy Corporate Counsel Disparate Impact Disparate Treatment Dress Codes EEOC v Abercrombie Hiring & Firing Job Applicants Popular Reasonable Accommodation Religious Discrimination SCOTUS Title VII Undue Hardship

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