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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

Governor Cuomo Signs Law Loosening Strict Interpretation Of Unlawful Deductions From Wages

On September 8, 2012, Governor Andrew Cuomo signed a much-anticipated law that amends New York Labor Law § 193 by expanding the scope of permissible deductions from an employee’s wages. The new law, which will take effect on...more

9/10/2012 - Wage Deductions Wages

New York Governor Signs Law Expanding Scope of Permissible Wage Deductions

On September 8, 2012, Governor Andrew Cuomo signed a much-anticipated law that amends New York Labor Law Section 193 by expanding the scope of permissible deductions from an employee’s wages. Currently, § 193 prohibits...more

9/10/2012 - Wage Deductions Wages

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