Employment Law

In Petrisko v Animal Medical Center, No. 12095, 151573/18, 2019-5044, 2020 N.Y. Slip Op. 05830, 2020 WL 6065450 (N.Y.A.D. 1 Dept., Oct. 15, 2020), the court affirmed the dismissal of plaintiff’s defamation, retaliatory discharge, and tortious interference. From the decision: The motion court correctly dismissed as untimely the defamation claims arising from statements that were…

Read More Retaliation, Defamation, and Tortious Interference Claims Properly Dismissed, Court Holds
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The U.S. Department of Labor has issued additional guidance (FLSA2020-15) (November 3, 2020) regarding the compensability of time that employees spend attending voluntary training programs in various factual scenarios under the Fair Labor Standards Act (FLSA). The Guidance addresses the issue in the context of six hypothetical scenarios. Generally, the FLSA requires employers to compensate…

Read More Department of Labor Issues Guidance on Compensability of Employee Time at Voluntary Training Programs
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In Campbell v. The City of New York, No. 150019/2020, 2020 WL 6161621, 2020 N.Y. Slip Op. 33440(U) (N.Y. Sup Ct, New York County Oct. 20, 2020), the court granted defendants’ motion to dismiss plaintiff’s complaint alleging discrimination under the New York State and City Human Rights Laws. This decision is instructive as to the…

Read More Race/Gender Discrimination Claims Insufficiently Alleged Under the NYC Human Rights Law, Court Holds
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In Ware v. L-3 Vertex Aerospace, LLC, 2020 WL 6494823 (2d Cir. Nov. 5, 2020) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Laws on geographic grounds. From the Order: Ware was a resident of Jacksonville, Florida during his…

Read More Afghanistan-Based Employee’s New York State and City Law Discrimination Claims Properly Dismissed
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In Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of  a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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In Legg v. Ulster County, 2020 WL 6325857 (2d Cir. Oct. 29, 2020), the court, inter alia, affirmed the lower court’s denial of defendant’s post-verdict motion for judgment as a matter of law (per Federal Rule of Civil Procedure 50(b)) on a female plaintiff officer’s hostile work environment/sexual harassment claim under Title VII of the…

Read More Hostile Work Environment Sexual Harassment Verdict Upheld
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In Mezinev v. Donald Smith & Co., Inc., 161367/2017, 2020 NY Slip Op 33429 (N.Y. Sup. Ct. N.Y. Cty. Oct. 9, 2020), the court, inter alia, dismissed defendant employer’s counterclaims for breach of contract, breach of fiduciary duty, and violation of the faithless servant doctrine. Plaintiff commenced this action seeking damages for alleged employment discrimination…

Read More Employer’s Breach of Contract Claim, Based on Alleged Secret Recording of Conversations in the Workplace, Dismissed
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n Rosalie v. Supreme Glass Co., Inc., 18-CV-02064, 2020 WL 6263311 (EDNY Oct. 23, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. (The court also denied…

Read More Wrongful Termination Claim, Based on Plaintiff’s Gender and Sexual Orientation, Survives Summary Judgment
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In Rosalie v. Supreme Glass Co., Inc., 18-CV-02064, 2020 WL 6263311 (EDNY Oct. 23, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court outlined the…

Read More Hostile Work Environment (Sexual Orientation/Gender) Claims Survive Based on Offensive Comments
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