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,…

Section 7 of the National Labor Relations Act (“NLRA”) provides that “employees shall have the right . . . to engage in . . . concerted activities for the purpose of . . . mutual aid or protection.” 29 U.S.C. § 157.  Section 8(a)(1) of the NLRA protects employees’ Section 7 rights by prohibiting an…

In Sheng v. M&TBank Corp., 2017 U.S. App. LEXIS 1912 (2d Cir. Feb. 2, 2017), the Second Circuit Court of Appeals held that the District Court erred in permitting the admission of an employer’s offer of reinstatement because the offer was, as a matter of law, not unconditional.  In this case, the plaintiff was working…

To be timely, a claim for employment discrimination under the ADA, Title VII, and/or the ADEA must be filed in federal court within ninety (90) days after the plaintiff receives a right-to-sue letter from the EEOC. For example, in Tiberio v. Allergy Asthma Immunology of Rochester, 664 F.3d 35 (2d Cir. 2011), the plaintiff filed…

In order to prove a Title VII hostile work environment sexual harassment claim, a plaintiff is required to establish that the harassment was sufficiently severe or pervasive to alter the conditions of his or her employment and create an abusive working environment and that there is a specific basis for imputing the conduct creating the…

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