A recent New York law, titled the No Wage Theft Loophole Act (A1893/S858), recently passed the Senate and Assembly (and, as of this writing, June 2, 2021, is awaiting signature by the Governor). Its stated purpose is “[t]o clarify that Article 6 of New York’s Labor Law completely and without exception prohibits lack of distribution of…
Read More “No Wage Theft Loophole Act” Amends New York Labor LawIn O’Grady v. Bluecrest Capital Mgmt. LLP, No. 15-CV-1108 SHS, 2015 WL 3740701 (S.D.N.Y. June 15, 2015), the court dismissed, under FRCP 12(b)(6), plaintiff’s claims for a bonus and severance pay. This case illustrates that courts will look to the terms of an employee’s employment agreement when assessing those claims. As to plaintiff’s claim for a…
Read More Court Rejects Terminated Employee’s Claim to Bonus and SeveranceHere is the complaint, filed in the Southern District of New York on Jan. 30, 2015 and assigned index number 15-cv-00688, alleging various claims – namely, pregnancy discrimination, gender discrimination, sexual harassment, national origin discrimination, race discrimination, and retaliation – against Mergermarket.
Read More Lawsuit: Sexual Harassment (etc.) at “Boys Club” MergermarketThe Southern District of New York recently reiterated, in Wermann v. Excel Dentistry PC, that “a plaintiff may bring a retaliation claim stemming from an employer’s opposition to her unemployment benefits application” and that “filing retaliatory counterclaims may violate” the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). The…
Read More Plaintiff Sufficiently Alleged Retaliation Based on Defendants’ Opposing Unemployment Benefits and “Frivolous” Counterclaims in Sexual Harassment CaseAn Appellate Division, First Dept. panel recently upheld the trial court’s dismissal of plaintiff’s claims alleging violations of Labor Law §§ 191 and 193. The offer letter that granted plaintiff an entitlement to be paid commissions also provided that the commission rates were those “reasonably expected to be paid” and “may be modified at any time”…
Read More Commission Reduction Permissible Where Expressly Authorized by Agreement