NYC Council Recently Introduced Two Employment-Related Pieces of Legislation – One to Add a Private Cause of Action to Earned Sick Time Act and the Other to Prohibit Non-Compete Agreements for Certain Employees On July 20, 2017, the New York City Council introduced two new pieces of legislation relating to employment, Introduction 1667 and Introduction…

Final Rules and Regulations for the New York City Fair Chance Act Even when an applicant with a criminal history has shown extensive rehabilitation efforts and good conduct since the offense in question, many employers still nonetheless discriminate against, and refuse to hire, applicants with criminal records. As such, in 2015, New York City enacted…

New York Federal Court Holds that Pre-Litigation FLSA Settlements Do Not Require Approval by the Court or DOL In Gaughan v. Rubenstein, 2017 U.S. Dist. LEXIS 107042 (S.D.N.Y. July 11, 2017), the Southern District of New York held that a pre-litigation settlement agreement releasing an employer “from any and all claims and rights of any…

On July 6, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court for the Southern District of New York against M&T Bank Corporation (Civil Action No. 7:17-cv-05077), charging that Hudson City Savings Bank (HCSB), a bank that M&T acquired in 2015, violated the Americans with Disabilities Act (ADA)…

Southern District of New York Holds that Title III of the ADA Applies to Websites as Their Own Places of Public Accommodation On July 21, 2017, in Lucia Marett v. Five Guys Enterprises LLC, the U.S. District Court for the Southern District of New York held that Title III of the Americans with Disabilities Act…

In Bien-Aime v. Equity Residential, 2017 U.S. Dist. LEXIS 25036 (S.D.N.Y. Feb. 22, 2017), the Southern District of New York denied an employer’s motion for summary judgment on an Americans with Disabilities Act (“ADA”) retaliation claim even though the employee had not been fired and had not had his hours, benefits, job title or pay…

The ADA treats drug/alcohol addiction very differently than it treats other disabilities.  While the law does not protect individuals who are currently using drugs and/or alcohol, the law does in fact protect employees with addictions who are in treatment and are no longer using drugs/alcohol. See D’Amico v. City of New York, 132 F.3d 145,…

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