While conducting research, I recently came across yet another case, United States v. Finazzo, 2017 U.S. App. LEXIS 3972 (2d Cir. Mar. 7, 2017), in which the Second Circuit (federal appeals court covering New York) held that an employee’s emails with his personal attorney on his employer’s email system were not privileged by the attorney-client…

Maybe.  In Makinen v. City of New York, 857 F.3d 491 (2d Cir. May 22, 2017), the U.S. Court of Appeals for the Second Circuit recently certified, to the New York Court of Appeals, this very question – whether a plaintiff may state a claim for disability discrimination under the New York City Human Rights Law…

In Miller v. Zara USA, Inc., 2017 N.Y. Slip Op. 04407 (1st Dep’t June 6, 2017), the New York Appellate Division, First Department, held that where a company’s written policies clearly provide that employees have no reasonable expectation of privacy in personal information stored on a company-issued laptop, any communications stored on that laptop cannot…

In Ahmed v. Astoria Bank, No. 16-1389-cv, 2017 U.S. App. LEXIS 8320 (2d Cir. May 9, 2017), the Second Circuit Court of Appeals reinstated a Title VII hostile work environment claim of a Muslim Egyptian employee and held that the “steady barrage” of racist and anti-Muslim comments and conduct to which she was subjected was…

On June 1, 2017, in Whole Foods Market Group, Inc. v. NLRB, 2017 U.S. App. LEXIS 9638, the U.S. Court of Appeals for the Second Circuit (which covers Connecticut, New York and Vermont) affirmed a decision of the National Labor Relations Board (“NLRB”) in which the NLRB found that Whole Food’s policies prohibiting the recording…

Maybe so, maybe not. Fed. R. Civ. P. 41(a)(1)(A) permits a plaintiff to dismiss an action with prejudice and without court approval by filing a stipulation of dismissal signed by all parties who have appeared. However, in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), citing the language of Rule 41(a)(1)(A)…

On May 4, 2017, in Griffin v. Sirva, Inc., 2017 NY Slip Op 03557 (2017), the New York Court of Appeals held that while only “employers” may be liable for criminal conviction discrimination under § 296(15) of the New York State Human Rights Law (“NYSHRL”), the definition of “employer” may extend beyond an employee’s direct…

In Saleem v. Corporate Transportation Group, 2017 U.S. App. LEXIS 6305 (2d Cir. Apr. 12, 2017), the Second Circuit Court of Appeals recently ruled that a group of black-car drivers were properly classified as independent contractors rather than employees, and as a result, were not entitled to overtime compensation under the Fair Labor Standards Act…

In National Labor Relations Board v. Pier Sixty, LLC, 2017 U.S. App. LEXIS 6974 (2d Cir. Apr. 21, 2017), the Second Circuit Court of Appeals recently found that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who insulted a supervisor on Facebook during a union election. By way of…

In Peerenboom v. Marvel Entertainment, LLC, 2017 NY Slip Op 01981 (1st Dep’t March 16, 2017), the New York Appellate Division, First Department, held that an employee did not have a reasonable expectation of privacy in his employer-owned email account and, therefore, any emails exchanged with his personal attorney through this email system were not…

© 2017 Yuriy Moshes, P.C. | WELCOME!


STAY CONNECTED WITH US:

Web Statistics