Court: U.S. Court of Appeals 2nd Circuit

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In Glatt v. Fox Searchlight Pictures (decided July 2, 2015), the Second Circuit addressed a question of first impression in this Circuit, namely, when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (FLSA). In this case, unpaid interns working on the Fox Seachlight-distributed film Black Swan or at Fox’s…

Read More Second Circuit Clarifies When Interns are “Employees”, and Entitled to Wages, Under the FLSA
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In Hand v. NYC Housing Preservation and Development Division of Code Enforcement, a summary order decided by the Second Circuit on May 26, 2015, the courtvacated the district court’s dismissal of plaintiff’s hostile work environment sexual harassment claim. The court explained: Based on record evidence that Hand’s supervisor felt her breast and repeatedly invaded her…

Read More Supervisor Breast-Touch Results in Continuation of Title VII Hostile Work Environment Sexual Harassment Case
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In Leon v. NYC Dept. of Education, a Summary Order dated May 22, 2015, the Second Circuit vacated the dismissal of plaintiff’s age/disability discrimination, retaliation, and accommodation claims, and held that a finding pursuant to NY Education § 3020-a that a teacher was fired for “cause” does not necessarily preclude a viable claim for (e.g.) discriminatory termination…

Read More Employment Discrimination Claims Not Collaterally Estopped By Finding That Teacher Was Fired For “Cause” Under New York Education Law § 3020-a
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“To make out a prima facie [employment] discrimination claim [under Title VII of the Civil Rights Act of 1964], a plaintiff must demonstrate … (1) [he] was within the protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving…

Read More Second Circuit Clarifies What an “Adverse Employment Action” Is For Purposes of a Discrimination Claim
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In Greathouse v. JHS Security, 12-4521-cv (2nd Cir. April 20, 2015), the Second Circuit (panel: Carney, Pooler, Korman) held that, in light of the U.S. Supreme Court’s decision in Kasten v. Saint-Gobain (2011), the FLSA’s retaliation provision (29 USC 215) is not restricted to written complaints to a government agency, but is broad enough to prohibit retaliation…

Read More Second Circuit: FLSA Anti-Retaliation Provision Covers Oral Complaints to Employer, Not Just Written Complaints to Government
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In Green v. District Council 1707, a Summary Order issued by the Second Circuit on April 17, 2015, the U.S. Court of Appeals for the Second Circuit vacated a lower court’s order dismissing plaintiff’s race discrimination claim under 42 U.S.C. § 1981. “To survive a motion to dismiss, a discrimination complaint need not allege facts…

Read More Second Circuit Vacates Dismissal of Race Discrimination Claim
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For employment litigators in New York City, the New York City Human Rights Law (NYCHRL) is a formidable weapon against discrimination and harassment in the workplace. The NYCHRL’s protections are broad, particularly when compared with those offered by federal and state law. In Velazco v. Columbus Citizens Foundation et al (2nd Cir. Feb. 13, 2015),…

Read More Second Circuit Vacates Dismissal of NYC Human Rights Law Age Discrimination Claim
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In Turley v. ISG Lackawanna, the Second Circuit clarified the standards for awarding punitive damages in employment discrimination cases. It provides a good review of the law, as well as how it applies in specific cases. In this race discrimination case, the plaintiff “endured an extraordinary and steadily intensifying drumbeat of racial insults, intimidation, and…

Read More Second Circuit Weighs in on Punitive Damages in Employment Discrimination Cases
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In Gayle v. Harry’s Nurses Registry, Inc., 594 F.App’x 714 (2d Cir. 2014) (Summary Order), the court held that the plaintiffs were indeed employees, and not independent contractors. The decision is instructive as to the factors bearing on that analysis. Plaintiffs, a class of nurses, sued to recover unpaid overtime under the Fair Labor Standards…

Read More Nurses Were Employees, Not Independent Contractors, Court Holds
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In Mathew v. North Shore-Long Island Jewish Health System, a Summary Order dated 11/13/14, the Second Circuit explained that, in a case alleging retaliation under the Family and Medical Leave Act (FMLA), courts “are decidedly not interested in the truth of the allegations against plaintiff when evaluating pretext”, and are rather “interested in what motivated the employer.”…

Read More Second Circuit Reiterates That Employer’s Motivation, Rather Than Truth of Allegations Against Employee, Are Key in Evaluating FMLA Retaliation Claims
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