Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “New York”

Catholic priest is (allegedly) an equal opportunity offender, court says, dismissing bias suit

Posted in Defamation, Discrimination, Harassment, HR, Sexual Orientation
Father, you kiss your mother with that mouth? The recent dismissal of a lawsuit in New York — involving a priest who is principal at a Catholic high school —  illustrates why an (alleged) “equal opportunity offender” is better than a discriminatory one. But that’s not to say it’s good. Father Michael Reilly — as… Continue Reading

Too cute to work?

Posted in Defamation, Discrimination
In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her chiropractor boss and his wife (who was the COO of the practice) fired her solely because of… Continue Reading

Weekly catch-up

Posted in ConstangyTV, eLaw, Wage-Hour
ATTENTION, employers in New York! In January, Anjie Cabrera and Stephen Stecker did a comprehensive report on a number of new laws that had recently taken effect or would soon be taking effect in New York State and New York City. Among those was a New York State regulation that was due to take effect March… Continue Reading

Weekly catch-up

Posted in Class actions, eLaw, Elections, Gender Identity Discrimination, Politics, Wage-Hour
Attention, New York employers! The Empire State (and the Big Apple) have enacted a number of employment-related laws — including minimum wage, family leave, freelance worker protections, and bathroom designations — that have recently taken effect, or will take effect in the not-too-distant future. Anjanette Cabrera and Stephen Stecker from our New York City Office… Continue Reading

About that new “cat’s paw” decision . . .

Posted in Discrimination, Harassment, Misconduct, Retaliation, USERRA
Employers should beware of being too quick to believe an employee who accuses a co-worker of wrongdoing. If the accuser has an illegal motive (such as discrimination or retaliation), and if the employer is “negligent” in investigating before taking action against the co-worker, then the employer could be legally responsible. So says the U.S. Court of Appeals… Continue Reading

Gretchen Carlson v. Roger Ailes — can he sue her?

Posted in Alternative Dispute Resolution, Defamation, Harassment
Me and my nerdy mind. It’s too soon for me to have an opinion about who’s right and who’s wrong in the Gretchen Carlson-Roger Ailes sexual harassment case. Some very disturbing allegations have been made about Mr. Ailes’ (long before Fox) having a “casting couch” for prospective female talent. If that’s true, then it’s disgusting. On the other hand,… Continue Reading

Court sheds light on “pregnancy accommodation” obligation after Young v. UPS

Posted in Discrimination, Evidence, Pregnancy
A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer. The Sheriff’s Department of Ulster County, New York, provided light duty for employees with work-related injuries but didn’t provide it for anyone else.… Continue Reading

Lego-based workplace harassment will NOT be tolerated.

Posted in Harassment, Unemployment, Violence
You’ve heard of sex-based harassment, race-based harassment, and disability-based harassment. But have you ever heard of Lego-based harassment? Shawn Roy was terminated from his job because he was allegedly creating and posting on the internet violent and sexually-oriented videos using Legos that allegedly bore resemblance to his supervisors and co-workers. I viewed the one video… Continue Reading

HR FUN PUZZLE: Find what the AARP did right with this underperforming employee

Posted in Discrimination
If the AARP can’t win summary judgment in an age discrimination case, then who can? Who’d believe that the American Association of Retired Persons would fire somebody because she was too old? Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The… Continue Reading

And a happy #$%!&;!*! new year to you, too!

Posted in Lawyers!
A heartwarming tale for the coming Rosh Hashanah holiday . . . In the course of arranging for an on-site inspection related to a worker injury lawsuit, Attorney Bailey (counsel for the defendant) wrote a letter to opposing counsel, Attorney Dinhofer, confirming that the on-site would take place on September 14. Attorney Bailey apparently mis-typed the date, which should… Continue Reading

Seems like this should be an excused absence.

Posted in Corporate Culture
According to the New York Post, the City of New York fired an employee for missing too much work. Turns out that he had a very good reason for his no-call/no-show: he was dead. Geoffrey Tolliver, a Medicaid eligibility specialist for the City, went out on a medical leave of absence for cancer in November 2013, and… Continue Reading

Darn.

Posted in Harassment, Settlements
The Marchuk v. Faruqi law firm sexual harassment case has been “amicably resolved.” Now, what will we gossip about? (To see why I’m disappointed, go here, here, here, here, here, here, here, here, here, and here. Apparently, I wasn’t just “following” this case – I was stalking it.) After the verdict that pleased no one, both sides… Continue Reading

Document review attorneys may not be exempt from OT, court says

Posted in Class actions, Lawyers!, Wage-Hour
Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday. Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually… Continue Reading

Feb. 3 at Faruqi sex harassment trial: It’s up to the jury now

Posted in Defamation, Discrimination, Evidence, Harassment, Retaliation, Sexual Torts
The sexual harassment case of Alexandra Marchuk v. Faruqi & Faruqi went to the jury late yesterday afternoon. For previous coverage of the trial, go here, here, here, here, here, and here. In closing arguments, the attorney for the defendants called Ms. Marchuk a “wolf” and said she had made up her allegations to get… Continue Reading

Jan. 29 at Faruqi sex harassment trial: Your honor, please reconsider!

Posted in Defamation, Discrimination, Evidence, Harassment, Sexual Torts
As expected, Law360 reports this morning that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi, be dismissed from her lawsuit as individual defendants. She also requested reconsideration of the court’s decision granting judgment to the… Continue Reading

Jan. 28 at Faruqi sex harassment trial: The defense rests.

Posted in Defamation, Discrimination, Evidence, Harassment, Retaliation, Sexual Torts
The defense completed its case yesterday at the trial of Alexandra Marchuk’s sexual harassment claims against the New York City law firm of Faruqi & Faruqi and partner Juan Monteverde. Prior coverage of the trial is available here, here, here, and here. Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not… Continue Reading

Two thoughts on the Faruqi sexual harassment trial

Posted in Harassment
NOTE TO READERS: I am updating this post daily with the previous day’s trial testimony. As of January 21, I have also decided to reorganize the post to include the most recent testimony before the jump. Prior days’ testimony will be below the jump, as well as my “two cents,” which I posted last week… Continue Reading

Medical marijuana and the workplace — another lawsuit filed

Posted in Drug Testing
As of this week, we have a new challenge to an employer based on medical marijuana – this time, in Rhode Island. The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan, disclosed that she… Continue Reading

Employment law BELIEVE IT OR NOT!

Posted in Discrimination, Drug Testing, Pregnancy
Oddities, weirdness, and the strange and unusual from the world of employment law. I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical gestation. Arguably, it includes the period that a woman may… Continue Reading