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…

On April 11, 2017, in Tokhtaman v. Human Care, LLC, 2017 N.Y. App. Div. LEXIS 2703, 2017 NY Slip Op 02759 (1st Dept. 2017), the New York State Appellate Division, First Department, held that home health care attendants who work 24-hour shifts must be compensated for all 24 hours if they are “nonresidential” employees –…

In Hsueh v. N.Y. State Dep’t of Fin. Servs., No. 15 CIV. 3401 (PAC), 2017 U.S. Dist. LEXIS 49568 (S.D.N.Y. Mar. 31, 2017), the Southern District of New York sanctioned Plaintiff after she intentionally deleted a digital recording of a conversation she had with an HR representative. In this case, Plaintiff alleges that her former…

On March 29, 2017, in Scott v. Chipotle Mexican Grill, Inc., the Southern District of New York denied Plaintiffs’ motion for class certification under Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”) and granted Defendants’ motion to decertify Plaintiffs’ conditionally certified collective action under Section 216(b) of the Fair Labor Standards Act…

In Baez v. Anne Fontaine USA, Inc., 2017 U.S. Dist. LEXIS 1630 (S.D.N.Y. Jan. 5, 2017), the Southern District of New York denied a clothing retailer’s motion for summary judgment where a terminated employee alleged that: (1) subordinates had spread rumors about her showing her breasts to the CEO, and (2) she was terminated in…

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