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…

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…

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…

The New York City Council recently amended the New York City Human Rights Law (Title 8 of the Administrative Code of the City of New York) to make it an unlawful discriminatory practice for an employer to inquire about a job applicant’s “salary history” and/or rely on a job applicant’s “salary history” in determining that…

In Stevens v. Rite Aid Corp., 2017 U.S. App. LEXIS 4985 (2d Cir. Mar. 21, 2017), the Second Circuit Court of Appeals ruled that Rite Aid did not violate the Americans with Disabilities Act (“ADA”) when it refused to accommodate, and ultimately terminated, a pharmacist who had requested not to administer injections due to a…

In the absence of a contractual agreement, an employee is free to solicit customers from his former employer unless trade secrets are involved or fraudulent methods are employed. In determining whether a trade secret exists, New York courts consider the following factors: “(1) the extent to which the information is known outside of the business;…

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