On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York’s home care industry. In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower court’s...more
7/5/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Grievance Process ,
Home Health Care ,
Home Healthcare Workers ,
Labor Regulations ,
Labor Relations ,
Motion to Compel ,
Putative Class Actions ,
Reversal ,
Unions
The New York home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who...more
2/14/2019
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Home Healthcare Workers ,
Labor Law Violations ,
NYDOL ,
Regulatory Oversight ,
Regulatory Standards ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On July 18, 2017, in Gold v. New York Life Ins. Co., New York’s Appellate Division, First Department issued a decision that directly contradicted the decision of the U.S. Court of Appeals for the Second Circuit in Sutherland...more
7/26/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Section 7