Wang v. Phoenix Satellite Television US, Inc., No. 13-CV-218(PKC) (S.D.N.Y. Oct. 3, 2013) (Castel, J.): As we recently covered in our firm blog, Judge P. Kevin Castel in the Southern District of New York recently dismissed an...more
One of the more well-publicized parts of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) is a whistleblower program that provides bounty payments to individuals who voluntarily provide...more
On October 3, 2013, the U.S. District Court for the Southern District of New York dismissed an unpaid intern’s hostile work environment, quid pro quo sexual harassment, and retaliation claims brought under the New York State...more
The New York State Department of Labor recently issued proposed regulations providing further guidance about the permissible scope of wage deductions. The amended statute, N.Y. Labor Law §193, became effective in November...more
Gold v. New York Life Insurance Co., No. 12-CV-2344 (2d Cir. Sept. 18, 2013) (Parker, J.): The plaintiff brought suit on behalf of himself and others alleging that he was improperly classified as exempt from the New York...more
On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more
10/1/2013
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Class Action ,
Class Certification ,
Discrimination ,
Fair Labor Standards Act (FLSA) ,
Gender Discrimination ,
Liquidated Damages ,
Local Ordinance ,
Minimum Wage ,
Misclassification ,
Municipalities ,
NYCHRL ,
Over-Time ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Title VII ,
Unpaid Interns
Palma v. NLRB, No. 12-1199 (2d Cir. July 10, 2013): Petitioners are undocumented aliens who were unlawfully discharged for engaging in protected activities under the National Labor Relations Act (NLRA). At a compliance...more
As we previously covered in the March 20, 2013 issue of the New York eAuthority, New York City now recognizes “unemployment” status as a protected class under the New York City Human Rights Law....more
On May 22, 2013, the New York State Department of Labor published its long overdue proposed regulations interpreting New York’s permissible deductions from employee wages....more
Glatt v. Fox Searchlight Pictures Inc., No. 11-CV-6784 (S.D.N.Y. June 11, 2013): In a further reminder about the risks of using unpaid interns, District Judge William Pauley III ruled that Fox Searchlight Pictures Inc....more
Carrion v. Agfa Construction, Inc., Nos. 11-5098, 11-5334 (2d. Cir. June 13, 2013): On appeal from an order by District Judge Brian M. Cogan in the U.S. District Court for the Eastern District of New York, the...more
On June 26, 2013, New York’s City Council overrode Mayor Michael Bloomberg’s veto and adopted the “Earned Sick Time Act,” making New York City the largest municipality in the country requiring employers to provide paid...more
New York City will soon become one of only a handful of jurisdictions prohibiting discrimination on the basis of “unemployment” status and, in doing so, has adopted arguably the most stringent such law in the United States....more
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
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
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
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
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
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
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
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
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
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
With the general election fast approaching on Tuesday, November 6, 2012, now is the time for employers to ensure that they comply with New York’s voting leave law. Employers should be especially mindful that New York law...more
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