Our Firm has recently reported (here and here) on courts’ application of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) to nonresident plaintiffs asserting employment discrimination claims, and specifically on courts’ interpretation of the rule announced in Hoffman v. Parade Publications...
Only rarely do decisions of the United States Court of Appeals for the Second Circuit delve into the realm of pre-motion letters and pre-motion conferences. But that’s what happened recently in Kowalchuck v. Metropolitan Transportation Authority.[1] The court’s ruling there provides helpful guidance on pre-motion issues and related procedural safeguards....
Under New York Labor Law (NYLL), employers generally must pay “manual workers” on a weekly basis. Following a 2019 appellate-level court decision recognizing a private right of action for violations of this requirement, numerous class action lawsuits have been filed by employees and former employees claiming damages for “late paid”...
by Gregory Feit On August 25, 2023, in Perry et al. v. City of New York,[1] the United States Court of Appeals for the Second Circuit held that if an employer requires overtime work, knows about it, or should have known about it through reasonable diligence, then the employer is...
In Groff v. DeJoy, [1] the U.S. Supreme Court recently held that an employer that denies an employee’s religious accommodation request on “undue hardship” grounds must be able to show – in order to avoid liability on Title VII discrimination claims – that “the burden of granting an accommodation would...
In United States v. Patel – a labor-side criminal antitrust case brought in federal district court in Connecticut[1] – six individuals were recently acquitted of charges of having entered into an illegal conspiracy to restrict hiring and recruiting in the aerospace industry. The decision highlights difficulties in the criminal prosecution...
In a first-of-its-kind ruling from earlier this year, the Delaware Court of Chancery (i) clarified that corporate officers of Delaware corporations (like corporate directors) are subject to the fiduciary duty of oversight, and (ii) held that sexual harassment by an officer constitutes bad-faith conduct breaching the duty of loyalty.[1] In...