Two men in suits reviewing a document together

CASE STUDY – A RESCINDED NOTICE OF TERMINATION CONSTITUTES AN “ADVERSE EMPLOYMENT ACTION”

On August 10, 2017, the Second Circuit Court of Appeals issued its decision in Shultz v. Congregation Shearith Israel of the City of New York, an employment action based on an employee's receipt of a notice of termination after she returned from her honeymoon visibly pregnant. The decision can be read 
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Group of people marching in city.

The Potential Consequences Of Participating In A Hate Rally From An Employment Perspective

Like so many others, we were horrified by the images coming out of Charlottesville, Virginia over the weekend.  As days go by, we are starting to hear about repercussions for participants in the white supremacist/Nazi rally.  Public shaming and loss of employment because of ostensibly “free speech” are two issues we talk...
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Two men in suits reviewing a document together

Important, Employee Friendly, Fmla Decision Issued By The Second Circuit Court Of Appeals.

On July 19, 2017, the Second Circuit Court of Appeals in New York issued an important – and employee-friendly – decision interpreting the retaliation provisions of the Family and Medical Leave Act (“FMLA”).  The decision can be found here.   By way of background, the FMLA is the federal statute...
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Wooden cut-out letters spell out MEDICAL LEAVE next to a stethoscope

New Report Highlights Difficulties And Advantages In Employment Discrimination Lawsuits

A new report by the American Bar Association finds that only 1 percent of plaintiffs who file federal employment discrimination, harassment and retaliation claims win on the merits at trial.  The study, conducted by a legal analytics firm (Lex Machina), included lawsuits based upon hostile work environment, retaliation, Title VII race discrimination as well as...
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A stethoscope, a gavel, a book, and some paperclips lay on a table together

NY ASSEMBLY PASSED A “DISCOVERY” STATUTE IN MEDICAL MALPRACTICE CASES – HERE’S WHY IT MATTERS

The New York State Assembly has just passed a bill which would amend the statute of limitations in medical malpractice lawsuits to allow for what is known as a "discovery" rule in certain cases.  What is this and why is it important? The statute of limitations is the amount...
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New Report Highlights Walmarts Hard Line Against Leave

A new report published by the advocacy group A Better Balance highlights the practices of Walmart - the nation's largest private employer - toward employee requests for medical and disability related leave.  The study suggests that Walmart routinely violates employee rights by, among other things, failing to inform them of potentially protected...
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