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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…

Overtime can be a great thing for employees, but it can turn into a nightmare if an employer does not follow Labor Laws when it comes to overtime pay. Here are the top common overtime mistakes made by employers in New York. Classifying employees as “exempt” when they are not. According to NY labor laws,…

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)…

What is the sale process of a home in New York really like? Here is a short video from New York’s real estate attorneys at Law Office of Yuriy Moshes. Call 888-445-0234 or visit www.Mosheslaw.com.

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