James G. Ryan

James G. Ryan

Cullen and Dykman LLP

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Southern District Rules: Unpaid Interns Are Not Eligible To Assert NY Sexual Harassment Protections

In October of 2013, the Southern District of New York dismissed an intern’s claim for sexual harassment brought under New York State Human Rights Law and New York City Human Rights Law on the grounds that the state law...more

12/11/2013 - Internships NYCHRL Sexual Harassment Unpaid Interns

Supreme Court Hears Second Affirmative Action Case This Year

On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas, the Supreme Court heard oral argument in Schuette v. Coalition to...more

12/11/2013 - Affirmative Action Discrimination Educational Institutions Employment Policies Equal Protection Gender Discrimination Grutter v Bollinger Race Race Discrimination Sex Discrimination

Legislative Update: Senate Moves To Approve The Employment Non-Discrimination Act

On November 4, the United States Senate in a 61-30 vote moved to continue debate on the passage of the Employment Non-Discrimination Act (“ENDA” or the “Act”). The ENDA seeks to ban workplace bias against individuals based on...more

11/25/2013 - ENDA Gender Identity Sexual Orientation Discrimination

Australia’s High Court Denies Employee Worker’s Compensation Claim For Sex Injury

Ruling in a 4-2 decision[1], the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip. The female...more

11/13/2013 - Australia Bodily Injury Employer Liability Issues Sexual Conduct

California School District Enacts Social Media Surveillance To Counter Cyber Bullying

In response to a series of cyber bullying related teen suicides that took place in Los Angeles last year, the Southern California school district has decided to employ a social media monitoring service enabling the school to...more

11/11/2013 - ACLU Cyberbullying Public Schools Social Media Students Surveillance

Dangers Of Social Media

As an advertising tactic, most companies utilize various social media platforms to foster connections with their target markets. It is certainly not unusual for a company to have its own Facebook or Twitter account. ...more

11/11/2013 - Employer Liability Issues Marketing Social Media

New U.S. Labor Secretary Proposes To Extend U.S. Minimum Wage Laws To Home Health Employees

After only being sworn in two weeks ago, the new U.S. Labor Secretary, Thomas Perez, has not wasted any time in setting up the goals he planned to obtain during his term, especially when it comes to minimum wage laws for home...more

11/11/2013 - Employee Rights FLSA Healthcare Professionals Home Health Care Minimum Wage

Employers: Telling Your Employee To “Hang Up [THEIR] Superman Cape” May Result In A Successful Age Discrimination Claim

In reversing the District Court decision, the Eighth Circuit found that a supervisor’s disparaging comments to an older employee was enough to establish a prima facie case that the employee was terminated because of his age. ...more

10/28/2013 - ADEA Age Discrimination Employer Liability Issues Termination

New York Court Of Appeal Rules: Laboratory Suable For False Positive Test Results

Last Thursday, the New York Court of Appeals ruled in a 4-3 decision that a man may bring a negligence claim against a drug testing company for a false positive drug test. At the time of the disputed test results, Eric...more

10/17/2013 - Drug Testing False Positive Laboratories Negligence Probation

Supreme Court Upholds Strict Scrutiny Standard In Affirmative Action

On June 24, 2013, the Supreme Court in Fisher v. University of Texas reaffirmed that the strict scrutiny standard of review applies when evaluating a university’s affirmative action admissions program. On these grounds, by a...more

10/17/2013 - Affirmative Action College Admissions Diversity Fisher v University of Texas SCOTUS Strict Scrutiny Standard Universities University of Texas

Rule 68 Offer Of Judgment: Advantageous For Defendant-Employers

Under the Federal Rules of Civil Procedure Rule 68 (“Rule”), offers of judgment have become a cost effective way for employers to quickly resolve individual, collective or class actions. For example, in employment cases, the...more

10/7/2013 - Class Action Collective Actions Offer of Judgment Rule 68

A Bus Driver’s Right Not To Get Involved In Physical Disputes

The yellow school bus is an iconic form of transportation that has provided a longstanding service to families by picking up their children and driving them to school. As a school provided service, bus drivers are trained on...more

9/30/2013 - Battery Bus Drivers Public Schools Safety Precautions Students

ESTA: New York City To Join Other Major Cities In Mandatory Paid Sick Leave Plan

Many employers have offered paid sick leave plans for their employees as part of their business practice. However, under the Earned Sick Time Act (“ESTA”) (the “Act”), employers in New York City (“NYC”) with 15 or more...more

9/16/2013 - Collective Bargaining Employee Rights New Legislation Sick Leave

DOMA’s Tax Benefit Implications

In 1996, President Bill Clinton signed DOMA into law. Section 3 of DOMA defines “marriage” as a legal union between one man and one woman, and defines “spouse” as a husband or wife of the opposite sex. However, on June 26,...more

9/3/2013 - DOMA Employer Group Health Plans Marriage Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

Are E-mails Education Records Under FERPA?

If a student sends an e-mail complaining about a professor, should the professor have the right to see the name of the student that wrote the complaint? ...more

8/12/2013 - Disclosure Email FERPA Public Records Student Records Students

Proposed Proportionality Amendment To Federal Rule Of Civil Procedure 26(b)(1)

On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure. The proposal includes amendments to the following rules: 1, 4, 16, 26, 30, 31, 33, 34, 36, and...more

8/2/2013 - Proportionality Proposed Amendments

Committee Proposes To Narrow Spoliation Sanctions Under Federal Rule Of Civil Procedure 37(e)

On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure....more

7/31/2013 - Federal Rules of Civil Procedure FRCP 37(e) Sanctions Spoliation

Free Interns-The End Of An Era?

As an employer, at one time or another, you have probably helped eager students gain real work experience as interns at your company. ...more

7/26/2013 - DOL FLSA Fox Searchlight Pictures Minimum Wage Students Unpaid Interns Wages

Circuit Split Exists Regarding Costs Of E-Discovery Under 28 U.S.C. § 1920(4)

Over the past several years, the various circuits have been split regarding the costs of litigation associated with the scanning and printing of electronic documents....more

7/26/2013 - Conflicts of Laws Discovery Electronically Posted Documents Electronically Stored Information Legal Costs

Company Parties Or Legal Nightmares?

The summer provides a great opportunity for employers to host company parties for the whole office to enjoy....more

7/25/2013 - Civil Rights Act Employer Liability Issues Harassment Holiday Parties Sexual Harassment Title VII Wine & Alcohol

Supreme Court Narrows Scope Of Employer’s Liability For Title VII Claims Against Co-workers

On June 24, 2013 in the case Vance v. Ball State University, the Supreme Court defined the scope of supervisory status as it applies to harassing co-workers under Title VII of the Civil Rights Act of 1964 (“Title VII”). ...more

7/18/2013 - Adverse Employment Action Civil Rights Act EEOC Harassment Hiring & Firing Retaliation SCOTUS Supervisors Title VII Vance v. Ball State University

Transgender Youth Barred From Girls’ Restroom

Coy Mathis, born a male, has identified as a female since the age of 18 months. Now at six-years old she must confront issues that far exceed the normal trials and tribulations of the first grade classroom. Coy has dressed in...more

3/11/2013 - Disability Discrimination Discrimination Dress Codes Freedom of Expression Gender Discrimination Public Schools Title IX Transgender

E-Discovery Of Digital Images And Video

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential...more

3/11/2013 - Cell Phones Electronically Stored Information Mobile Devices Record Preservation Video Recordings Zubalake v UBS

New York’s Two Prong Analysis For Production Of Social Media

Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis...more

3/7/2013 - Discoverable Motion to Compel Social Media

Unemployment: New Basis For Discrimination Under Proposed Law

The New York City Council has recently taken steps to expand anti-discrimination laws by prohibiting employers from discriminating against job applicants on the basis of their employment status. If enacted, Bill 814-A would...more

2/28/2013 - Discrimination Hiring & Firing Job Applicants Unemployment Discrimination

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