BE CAREFUL WHEN RIDING THAT BIKE – SOME COMMON CAUSES OF ACCIDENTS
Late summer/early Fall is a wonderful time to enjoy a bike ride in New York State, with the air crisp and the leaves changing. You'll often see parents (including us) out with their children, teaching them to ride on two wheels or taking them for a beginner's ride.
But...
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“TOO CUTE” LAWSUIT ALLOWED TO MOVE FORWARD
The Appellate Division First Department has allowed a yoga instructor's sex discrimination case to move forward, involving allegations that she was fired because her boss's spouse was jealous of her. According to the complaint, the employee's boss told her that his spouse was likely to be jealous of her because she was...
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CASE STUDY – A RESCINDED NOTICE OF TERMINATION CONSTITUTES AN “ADVERSE EMPLOYMENT ACTION”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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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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Paid Family Leave Is Coming To New York
Paid family leave is coming to New York in January 2018. This is significant, since there is no paid leave at the federal level. The Family and Medical Leave Act (“FMLA”) provides only for unpaid leave and applies to a limited number of employees: those who work for public or larger (50...
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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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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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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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Driver In Deadly Crash Fell Asleep At The Wheel
According to news reports, the driver of an ambulance fell asleep at the wheel before veering off the road and crashing in Schenectady County in late May. The accident killed one of the passengers, a 64 year old man who had previously been hospitalized for high temperatures.
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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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Sepsis A Major But Often Unknown Killer Making News
According to new studies, Sepsis kills more than 250,000 Americans each year. That's roughly the same number of people that die because of hospital and medical errors, which are the third leading cause of death behind only heart disease and cancer. Yet Sepsis remains a vague and...
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Peterson To Speak At Personal Injury Seminar
D'Orazio Peterson partner Scott Peterson will be speaking at an all-day seminar in Albany on June 16, relating to litigating the Plaintiff's Personal Injury lawsuit. Scott will focus on the trial of the personal injury lawsuit, and will discuss his experience with jury selection, expert witnesses and cross examination of witnesses, among...
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