December 2011

Scott v. WPIX, Inc., 10 Civ. 4622 (SDNY Dec. 21, 2011) (WHP):  The Southern District denied defendant’s motions for summary judgment seeking dismissal of plaintiff Karen Scott’s age discrimination claim under the federal Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law…

Read More Federal court denies summary judgment and allows plaintiff’s federal, state, and city age discrimination claims to continue
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In a 42-page opinion issued last week (copy below), Southern District Judge Colleen McMahon held that the federal Occupational Safety and Health Act’s (“OSHA”) crane regulations did not preempt the New York City Building Code’s crane regulations (codified at Title 28 of the New York City Administrative Code).  According to the Court, OSHA “is a…

Read More Federal Court rules that New York City statutes and regulations governing construction cranes are not preempted by OSHA regulations
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In Bennett v. Health Mgt. Sys., Inc., 2011 NY Slip Op. 09206 (N.Y. App. Div. 1st Dept. Dec. 20, 2011), the Appellate Division, First Department for the first time provided “an examination of whether, and to what extent, the three-step burden-shifting approach set forth in McDonnell Douglas v Green (411 US 792 [1973]), must be…

Read More Court Clarifies Summary Judgment Analysis For Discrimination Claims Under the New York City Human Rights Law
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In Malinowski v. Wall Street Source, Inc., 09 Civ. 9592 (PAE) (SDNY Dec. 2, 2011), NYLJ 1202534751470, the Southern District of New York held that evidence of plaintiff’s post-termination wages was inadmissible in light of the severance clause in plaintiff’s contract (which provided that plaintiff could only be fired for cause). Plaintiff sought unpaid wages,…

Read More Severance Clause Nullifies Mitigation Duty
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Salazar v. Novalex Contracting Corp., et al., 2011 NY Slip Op 08446 (Nov. 21, 2011) illustrates the “common sense approach” that must be employed when analyzing Labor Law 240(1) and 241(6) claims. P and his fellow workmen were directed to pour and spread concrete over the floor of a basement which contained trenches into which…

Read More NY Court of Appeals Holds No Labor Law 240(1) or 241(6) Liability Where Protective Measure Would Have Been Inconsistent With Work
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