Attorney selection is the most important strategic decision that you will make over the course of your courtroom experience. The attorney you select not only helps guide the entire procession of the lawsuit moving forward, but is also your point of contact for the judge, the other attorneys, and the parties that you are suing…

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 1663….

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 nature whatsoever” is fully enforceable even without being approved by a court or the Department of Labor (“DOL”)….

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 the Fair Chance Act (“FCA”), more commonly known as the “Ban the…

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)…

In Chan v. A Taste of Mao, Inc., 2017 U.S. Dist. LEXIS 107923 (S.D.N.Y. July 12, 2017), even though the U.S. Department of Labor assured a restaurant (“Defendant”) that it had the authority to settle FLSA claims on behalf of Defendant’s employees, the Southern District of New York held that any employee who did not sign…

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 July 19, 2017, the New York Workers’ Compensation Board (the “Board”) published its final regulations concerning the New York Paid Family Leave Benefits Law (“PFLB Law”). Pursuant to the PFLB Law, starting on January 1, 2018, eligible employees will be entitled to up to eight (8) weeks of paid family leave in any 52-week…

In Gold v. New York Life Ins. Co., 2017 N. Y. App. LEXIS 5627 (1st Dep’t, July 18, 2017), the New York Appellate Division, First Department (state court covering Manhattan and the Bronx), held that an arbitration agreement prohibiting an employee’s participation in class and collective actions is unenforceable, as it violates the employees’ right to…

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)….

© 2017 Law Office of Yuriy Moshes, P.C.


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