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Insights

Feb 24, 2003 Employment Discrimination

California Court Emphasizes That State Law Disability Law Requirements Exceed Those Under Federal Law

A recent California Supreme Court decision emphasizes that state law protections for disabled employees go beyond those provided by the federal Americans With Disabilities Act (“ADA”). In Colmenares v. Braemar...
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Jan 02, 2003 Employment Discrimination

New York State Enacts Civil Rights Bill Prohibiting Discrimination Based On Sexual Orientation

On December 17, 2002, New York Governor Pataki signed a civil rights bill that prohibits discrimination based on sexual orientation. The bill, which amends the New York State Human Rights Law, prohibits discrimination against...
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Dec 31, 2002 Year In Review

The Evolution of Arbitration in Employment Agreements

Many employers view arbitration as an inexpensive and efficient alternative to court litigation for the resolution of discrimination claims and other workplace disputes. The year 2002 ushered in significant developments in...
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Nov 22, 2002 Employment Discrimination

New York State Human Rights Law Amended to Expand Employers’ Obligations to Accommodate Employees’ Religious Practices

Effective November 16, 2002, the New York State Human Rights Law was amended to prohibit employers from imposing on an employee any term or condition of employment that would require the employee to violate or forego a...
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Nov 15, 2002 General Employment Issues

Voluntary Quit or Involuntary Discharge? Second Circuit Rules That Jury Must Decide, and Validity of Non-Compete Hangs in the Balance

The U.S. Court of Appeals for the Second Circuit recently reversed a lower court decision in favor of a former executive of IBM in a lawsuit involving millions of dollars in stock awards and options. In Lucente v....
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Oct 08, 2002 Labor Relations

Employer Did Not Commit Unfair Labor Practice By Barring Unions From Soliciting On Its Premises While Permitting Solicitation By Certain Charitable Organizations

In Albertson’s Inc. v. National Labor Relations Board, Nos. 00-2359, 01-1002, 2002 WL 1901861 (6th Cir. June 20, 2002), the U.S. Court of Appeals for the Sixth Circuit concluded that an employer did not commit an...
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Sep 27, 2002 General Employment Issues

California Adopts Nation’s First Paid Family Leave Law

On September 23, 2002, Governor Gray Davis signed new legislation, the Family Temporary Disability Insurance program (“TFDI”), making California the first state in the country to offer workers paid family leave....
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Sep 27, 2002 Employment Discrimination

New Connecticut Statute Bars Employers from Inquiring About, or Taking Adverse Action as a Result of, Sealed or Expunged Conviction Records

Connecticut has adopted a new law regarding criminal history questions on job applications. To comply with the law, many Connecticut employers will find it necessary to revise their employment applications and their...
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Sep 23, 2002 Employment Discrimination

Litigating Employment Disability Discrimination Claims Without the ADA: What the State and Local Laws Do that Federal Law Doesn’t

A Comparison of the Definition of “Disability” in the Americans With Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law Presented by Dennis A. Lalli to the Fall Meeting...
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Sep 23, 2002 Labor Relations

Eighth Circuit Overturns NLRB Ruling On Supervisory Status of Television News Producers

 In a recent decision, Multimedia KSDK, Inc. v. NLRB, 2002 WL 31011133 (Sept. 10, 2002), the U.S. Court of Appeals for the Eighth Circuit overturned a ruling by the National Labor Relations Board (“NLRB” or...
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