Evan Citron

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Employer Liability Issues

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New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more

1/18/2024 / Employer Liability Issues , Employment Litigation , Late Payments , Liquidated Damages , Private Right of Action , State Labor Laws , Statutory Violations , Underpayment , Wage and Hour

New York Appellate Division Permits Worker to Establish Membership in Protected Class Based on Association with Another

Chiara v. Town of New Castle, (N.Y. App. Div., 2d Dep’t Jan. 14, 2015): A recent decision by the New York Appellate Division, Second Department, held that a plaintiff claiming religious discrimination under the New York State...more

2/27/2015 / Corporate Counsel , Employer Liability Issues , Municipalities , NYSHRL , Protected Class , Religious Discrimination , Spouses

Second Circuit Emphasizes That Inconsistent Reasons For Employee Termination Can Be Sufficient To Overcome Summary Judgment

Kwan v. The Andalex Group LLC, No. 12-2493 (2d Cir. Dec. 16, 2013): A recent decision by the Second Circuit not only revived a former employee’s retaliation claims but further highlighted the litigation risk when an...more

1/31/2014 / Employer Liability Issues , Protected Activity , Retaliation , Summary Judgment , Termination

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