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…

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…

In Miller v. Zara USA, Inc., 2017 N.Y. Slip Op. 04407 (1st Dep’t June 6, 2017), the New York Appellate Division, First Department, held that where a company’s written policies clearly provide that employees have no reasonable expectation of privacy in personal information stored on a company-issued laptop, any communications stored on that laptop cannot…

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…

In Sheng v. M&TBank Corp., 2017 U.S. App. LEXIS 1912 (2d Cir. Feb. 2, 2017), the Second Circuit Court of Appeals held that the District Court erred in permitting the admission of an employer’s offer of reinstatement because the offer was, as a matter of law, not unconditional.  In this case, the plaintiff was working…

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…

In order to prove a Title VII hostile work environment sexual harassment claim, a plaintiff is required to establish that the harassment was sufficiently severe or pervasive to alter the conditions of his or her employment and create an abusive working environment and that there is a specific basis for imputing the conduct creating the…

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