Know Your Rights: Domestic Violence Victim Status
Victims of domestic violence are protected by New York State law in employment and in voting.
What is judicial temperament, and why is it important?
Several years ago, I was in court for a conference (unlike what you see on television, much of what happens in court happens in a judge's chambers, between the judge and the attorneys). It was scheduled to start at 9am. I'm the type of person who tends to show up at 8:45 for a 9am conference, s...
October is Breast Cancer Awareness Month
What are the employment law implications of a breast cancer diagnosis?
"Ugh, I hate lawyers..."
When I meet someone for the first time, and they ask what I do, as you might imagine I'm met with a number of responses. There's the borderline offensive: “Ugh, I hate all lawyers” (yes, this happened at an event last week). There's the immediate glossing over of the eyes, followed by: “Do you k...
Know Your Rights: Breastfeeding Moms at Work
Know your rights for working breastfeeding mothers under federal and New York State law.
It’s Back to School Time: Injuries and Employment Discrimination at School
What are some of the considerations when suing a public school in a personal injury or employment lawsuit in New York?
Why the Sarah Sanders Restaurant Situation is Not Like Masterpiece Cakeshop
Sarah Huckabee Sanders was asked to leave a restaurant because employees disagreed with her political beliefs and defense of the Trump administration's controversial policies. Is this discrimination within the meaning of the law?
May is Bike Safety Month
May is Bike Safety Month. We're talking about what your rights are if you are injured in an accident with a motor vehicle while riding your bike.
What exactly are you giving up when you sign a settlement agreement?
Settlement agreements can have hidden pitfalls. It's important to be aware of them before you sign.
What is the Crime-Fraud Exception to the Attorney-Client Privilege?
The seizure of allegedly privileged documents from President Trump's personal attorney has left people wondering about the application of the crime-fraud exception to the attorney-client privilege. We review what that is under New York civil law.
Equal Pay Day 2018: Equal Pay Act Update
Equal Pay Day is the day in 2018 a woman must work to in order to earn the same amount that a male counterpart earned in 2017. Today, we're taking a look at the Equal Pay Act and a recent case that is a women for women under the Act.
Why you should be careful about taking legal advice from your doctor/sibling/parent/spouse/family member/co-worker/the internet
Everyone means well, but taking advice from people without legal experience can put you in a difficult position.
SCOTUS Issues Employer-Friendly FLSA Decision Involving Employees of Car Dealerships
The Supreme Court issues an employer-friendly decision on the Fair Labor Standards Act, finding that overtime exemptions should be given their fair meaning and that automobile service providers are exempt from overtime requirements.
What is the Marital Privilege?
When Donald Trump Jr. and Vanessa Trump announced their divorce, people wondered whether she could be subpoenaed by Robert Mueller and, if so, how the martial privilege would apply. So, what exactly is the marital privilege?
Medical Malpractice Update - March 2018
Medical malpractice update including a new Court of Appeals case on the continuous treatment doctrine and the signing of Lavern's Law.
Plaintiff Wins $13.4 Million Verdict in Sexual Harassment Suit
Employee wins large jury verdict in sexual harassment lawsuit. Could this be a result of the #MeToo movement?
Planning to Record your Employer? Some Things to Think About.
In the age of the smartphone, employees often make recordings in connection with difficult work situations. This article discusses some issues to consider before making a recording.
Why Employees Should Think Twice About Quitting Their Jobs
Employees who are thinking of quitting their jobs with the idea that they will sue later, should often think again.
Court Rules Employee Does Not Have to Exhaust State Civil Service Law Procedures Prior to Filing Federal Disability Discrimination Lawsuit
Court Rules Employee Does Not Have to Exhaust State Civil Service Law Procedures Prior to Filing Federal Disability Discrimination Lawsuit
What is "Lavern's Law" and why is it important?
Following passage in the New York State Senate and Assembly, New York Governor Andrew Cuomo signed Laverns Law into legislation. This new law extends the time period for victims of late cancer diagnoses to bring claims, adding, in effect, a discovery rule. The law before. It used to be, i...
Should you borrow against a possible settlement?
A recent article in the New York Times, titled, How the Finance Industry is Trying to Cash in on , highlighted a little known but very lucrative business - lawsuit advance loans. These loans - and we use that term in quotes because the companies who make them avoid regulation by calling them...
The Workplace in the Era of Me Too: Giovanna D'Orazio in Herlife New York Magazine
Ways for employees and small businesses to deal with sexual harassment in the era of Me Too and Time's Up.
Why We Marched: One Year Later
Revisiting our Why We Marched article on the first anniversary of the Women's March and updating with actions taken in President Trump's first year of office.
When a medical tool gets left behind - foreign objects and why they can hurt
A case involving an Army Vet highlights the fact that surgical instruments and tools can still be left behind after a surgery. Learn about foreign objects, and why they can cause harm.
Will a Doctor's Note Protect My Job? When Sick Leave is Protected.
A doctor's note will not always protect an employee from being fired for being absent. This article discussed when sick leave can be protected under the Family and Medical Leave Act, Americans with Disabilities Act and New York State Human Rights Law.