The New York City Council has recently taken steps to expand anti-discrimination laws by prohibiting employers from discriminating against job applicants on the basis of their employment status. If enacted, Bill 814-A would provide recourse for jobless individuals who believe they have suffered an adverse decision as a result of their unemployment. Although other jurisdictions, [...]
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Blog Archives
Author Archives: James G. Ryan
Taken Out of Context: The Danger in Employee Emails
February 8, 2013 – 6:34 pm
Imagine walking past a conversation between your supervisor and another manager in which you hear the supervisor say “it’s really terrible” and the manager replies “yeah, we really need to cut back, but it’s going to be tough.” Immediately, your mind begins racing as you envision the wave of layoffs that are inevitably going to [...]
Are Courts Reluctant to Grant Summary Judgment in Hostile Work Environment Cases?
February 4, 2013 – 1:58 pm
Rivera v. Rochester Genesee Reg’l Transp. Auth., 2012 U.S. App. LEXIS 26211 (2d Cir. N.Y. Dec. 21, 2012). The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile work environment claims that present ambiguities as to the sufficiency of plaintiff’s case. In Rivera v. Rochester Genesee Reg’l Transp. Auth., 2012 U.S. App. [...]
Supreme Court Decides Kloeckner v. Solis
January 24, 2013 – 7:06 pm
Kloeckner v. Solis, 133 S. Ct. 596 (U.S. 2012). On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute listed in §7702(a)(1) should seek judicial review in district court, not in [...]
The Southern District Sends FLSA Claims to Arbitration
December 21, 2012 – 8:16 pm
Cohen v. UBS Fin. Servs., 2012 U.S. Dist. LEXIS 174700 (S.D.N.Y. Dec. 3, 2012). A recent ruling from the Southern District of New York provides further clarification regarding the use of arbitration clauses in employment agreements. On December 4, 2012, District Judge Barbara S. Jones granted UBS AG’s (“UBS”) motion to compel arbitration in a [...]
Judge Scheindlin Rules Graphic Consultant was not Exempt from Overtime Requirements
November 6, 2012 – 2:40 pm
Kadden v. VisuaLex, LLC, No. 11-CV-4892 (S.D.N.Y. Sept. 24, 2012). The Federal District court for the Southern District of New York recently determined that a law school graduate employed as a graphic consultant was not exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”). In Kadden v. VisuaLex LLC, the Court examined [...]
Who Owns a LinkedIn Account?
November 2, 2012 – 2:55 pm
A Federal District Court in the Eastern District of Pennsylvania recently addressed the issue of ownership of an employers LinkedIn account created by a former employee. In Eagle v. Morgan, Dr. Linda Eagle, founder and former employee of Edcomm, Inc., a banking education company, sued claiming her former employer illegally accessed her LinkedIn account thereby [...]
Supreme Court Will Consider Four Employment Related Cases This Term
October 10, 2012 – 8:14 pm
On October 1, the U.S. Supreme Court opened its new term and will review four cases that either directly concern employment laws or have an impact on employment litigation. Primarily, the cases up for review involve disputes brought pursuant to Title VII of the 1964 Civil Rights Act, the Civil Service Reform Act, the Fair [...]
Second Circuit Determines Teacher Who Worked 1,247 is Eligible under the Family and Medical Leave Act
August 20, 2012 – 6:56 pm
Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir. August 10, 2012). In Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir. August 10, 2012), the Second Circuit Court of Appeals reminded employers that keeping accurate records of the hours worked by employees [...]
U.S. Supreme Court Determines that State Employees Cannot Sue under the FMLA’s Self-Care Provisions
March 23, 2012 – 4:26 pm
Coleman v. Court Of Appeals of MD., 566 U. S. ____ (2012). On March 20, 2012, the U.S. Supreme Court held in Coleman v. Court of Appeals of Maryland that states are immune from lawsuits under the self-care provisions of the Family and Medical Leave Act (“FMLA”). This case involves the employment of Plaintiff-Petitioner Daniel [...]
SCOTUS Addresses the Ministerial Exception in Its First Employment Decision of 2012
January 12, 2012 – 11:01 pm
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U. S. ____ (2012) On January 11, 2012, in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the United States Supreme Court unanimously reversed the Sixth Circuit’s ruling that the First Amendment does not bar employment discrimination suits brought on behalf of ministers against their religious employers. [...]
Employment Litigation in Review #2
January 3, 2012 – 8:39 pm
Welcome to our second installment of “Employment Litigation in Review.” We hope that everyone is enjoying the holiday season and we look forward to continuing our blog into 2012. It has been a while since our last post, so hopefully this helps summarize what has been going on in the employment and labor field since [...]
Employment Litigation in Review #1
November 15, 2011 – 1:56 pm
Often in the employment and labor field there are minor events worth noting, but not worth dedicating an entire post to. With that said, it is our pleasure to introduce the first of our “Employment Litigation in Review” series. This series will contain short articles detailing minor changes in the law, proposed legislation, and case [...]
Can a Union Request to See the Financial Records of a Company during Negotiations?
October 28, 2011 – 6:03 pm
Under Section 8(a)(5) of the NLRA employers must bargain in good faith with union representatives. This includes making reasonable accommodations for Unions who are in the process of negotiating a new contract, such as providing theUnionwith financial data in order to verify an employer’s claim that the company is in financial trouble and will be [...]
Attention Employers: Dust Off Your EPLI Policies, ASAP
October 6, 2011 – 6:36 pm
Cracker Barrel Old Country Store, Inc. v. Cincinnati Ins. Co., No. 3:07-cv-00303 (M.D. Tenn. Sept. 16, 2011) The United States District Court for the Middle District of Tennessee put those employers with Employers Practices Liability Insurance (EPLI) policies on high alert a few short weeks ago upon handing down its decision in Cracker Barrel Old [...]