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…

The Southern District of New York recently denied Document Technologies, Inc.’s (“DTI”) motion for a preliminary injunction to enforce restrictive covenants against four former employees as well as against a competitor, LDiscovery, who hired the four former employees. See In re Document Techs. Litig., No. 17-cv-2405, 2017 U.S. Dist. LEXIS 104811 (S.D.N.Y. July 5, 2017)….

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…

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…

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…

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