Coronavirus / COVID-19

In Shiber v. Centerview Partners LLC, 21 Civ. 3649, 2022 WL 1173433 (S.D.N.Y. April 20, 2022), the court dismissed plaintiff’s disability discrimination claims asserted under the New York State and New York City Human Rights Laws. This decision is instructive as to how courts apply those statutes’ geographic (“impact”) test in the increasingly-prevalent factual context…

Read More NYCHRL Disability Discrimination Claim Dismissed; Geographic “Impact” Requirement Not Satisfied
Share This:

… of 2021, is as follows: It has been quite a year; our first “full” one enduring the COVID-19 pandemic and the seemingly permanent changes it has wrought affecting, for example, (1) employment laws affecting the workplaces – and, necessarily, lives – of working New Yorkers (including vaccine and masking requirements), and (2) the initiation…

Read More Our Last Blog Post …
Share This:

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued updated guidance and information concerning the rights of employees concerning the COVID vaccine. It provides, inter alia (under the heading “K. Vaccinations”): K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be…

Read More EEOC Issues Updated Guidance on COVID Vaccine Requirements
Share This:

A recent case, Lord v. Limited Liab. Co., 2021 NY Slip Op 50512(U) (NY Sup. Ct. Westchester County June 2, 2021), involves a scenario that is increasingly commonplace in light of the COVID-based lockdowns beginning in 2020: patrons enter into a contract with a venue/caterer to provide the location, catering, staff, etc. for an event;…

Read More COVID Refund Due to Bat Mitzvah Client Per Catering Contract, Court Rules
Share This:

A recent decision, Brash v. Richards, 2021 NY Slip Op 03436 (N.Y. App. Div. 2nd Dept. June 2, 2021), held that a series of Executive Orders issued by Governor Cuomo in light of the COVID-19 pandemic constitute a “toll”, rather than a “suspension”, of certain filing deadlines. As a result, it held that the appeal…

Read More 2nd Dept.: Executive Orders Are a “Toll”, Not a “Suspension”
Share This:

In a recent case, Michael J. Redenburg, Esq. PC v. Midvale Indemnity Company, 20-cv-05818, 2021 WL 276655 (S.D.N.Y. Jan. 27, 2021), the court, inter alia, granted defendant insurance company’s motion to dismiss the plaintiff attorney’s complaint, which sought a declaration that the firm’s commercial property insurance policy covered its losses caused by stay-at-home and social-distancing…

Read More “Virus Exclusion” Defeats Attorney’s Insurance-Coverage Claim
Share This:

In a recently-updated (December 16, 2020) document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws“, the U.S. Equal Employment Opportunity Commission (EEOC) addressed (in section “K.”), the issue of vaccinations in the context of COVID-19. For example, the EEOC takes the position that: The vaccination itself…

Read More EEOC Updates Guidance Regarding Vaccinations
Share This:

Twenty-twenty has, to say the least, been quite a (miserable) year, characterized by the introduction and propagation of a deadly virus, lockdowns, business closures, eviction moratoriums, protests, etc. As we run out the clock, I thought I would share with you some of my thoughts as a New York City-based attorney/solo practitioner working in the…

Read More Year in Review: 2020
Share This:

In HC2, Inc. v. Delaney, 20-cv-3178, 2020 WL 7480675 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, dismissed the employee’s  whistleblower retaliation claims. The employee (Delaney) alleges that the employer (HC2) violated New York Labor Law §§ 740 and 215 by terminating his employment after he complained about HC2’s handling of the Covid-19 pandemic. Specifically,…

Read More COVID Whistleblower Retaliation (NY Labor Law § 740) Claim Dismissed
Share This: