Recent Blog Posts
One of the most overused phrases when dealing with problems at work is the ‘hostile work environment.’ While no employee should ever feel unsafe at work, a true ‘hostile work environment’ has a fairly narrow definition, and if one exists at your place of work, it is actionable. However, it is crucial that you… Read More »
Everyone needs to eat and use the restroom during a given day, even at work. Many employees are surprised to know that meal and rest breaks are not covered under federal law, and many employers would not offer them if not pushed to by custom. That said, New York law does require certain breaks… Read More »
Numerous instances of discrimination based on hairstyle have been in the news in recent years, wherein people of color have been denied opportunities or punished because of a perception that their natural hair is unkempt or dirty. Courts have been unsympathetic to these claims of discrimination so far, but some states are choosing to… Read More »
In the midst of the COVID-19 pandemic, employers and their employees are having to adapt quickly, and have the ability to adapt quickly again, without necessarily having a clear answer on what is best for the situation. Nowhere is this more evident than in the issue of face masks; some places require them, while… Read More »
Given the massive changes to the global economy in the wake of the COVID-19 pandemic, employers have had to think on their feet and adapt quickly to the changing world. Adjustments like working at home, granting more employee autonomy, and the like have become part of the business world. However, an employer will sometimes… Read More »
The common-law concept of restraint of trade is an idea that dates back to 18th-century English law, but is still observed in today’s United States. The principle of free trade is a sacred one in U.S. and U.K. law, and restraining it has to be done under very specific circumstances. Restricting trade sometimes happens… Read More »
Take Aways: 1. The United States Supreme Court’s Genesis holding offered nothing to resolve the circuit split and dodged the central issue: Whether an unaccepted offer of judgment that fully satisfies a plaintiff’s FLSA claim moots the claim. 2. Going forward, the Court’s holding in Genesis is meaningless because it is premised on the… Read More »
Who is a “Key Employee” under the FMLA? Limits on certain employees’ rights to restoration after taking FMLA leave. The FMLA provides that an eligible employee is entitled to take medical leave for various reasons, such as a serious health condition, which makes an employee unable to perform the basic duties of his or… Read More »
Cat’s Paw Theory: Can a Company be held liable if the discriminating supervisor and the individual(s) who made the decision to terminate are different?
Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR… Read More »
Is there protection under the law for discrimination/retaliation based on Sexual Orientation (Gay, Lesbian, Bi-Sexual, Transgender)?
As a plaintiff’s side employment lawyer (employee side) I have an unmatched sense of fulfillment when I am able to provide advice or assistance to an individual or group of individuals that are standing up to their employer for what they know is right and for what the law says is wrong. Conversely, I… Read More »