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…

In Woods v. START Treatment & Recovery Ctrs., Inc., 2017 U.S. App. LEXIS 13038 (2d Cir. July 19, 2017), the U.S. Court of Appeals for the Second Circuit (covering New York, Connecticut and Vermont) recently held that the “motivating factor” standard applies to Family and Medical Leave Act (“FMLA”) retaliation claims under 29 U.S.C. § 2615(a)(1). …

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…

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…

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…

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