Insights

y decision dated September 6, 2001, the Honorable John G. Koetl of the Southern District of New York joined numerous other federal courts in refusing to enforce certain Department of Labor (“DOL”) regulations...

A key issue in many cases brought under the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq., is whether the plaintiff is “disabled” within the meaning of the statute. Recently,...

Ordinarily, the National Labor Relations Board (the “NLRB” or the “Board”) defines the size and scope of a potential bargaining unit in a representation proceeding and then orders an election in which...

Section 8(a)(2) of the National Labor Relations Act (the “NLRA” or the “Act”) makes it unlawful for an employer to dominate or support any labor organization. This provision was originally intended to...

The National Labor Relations Act (“NLRA”) protects the right of employees to engage in union activity, and prohibits discrimination or retaliation against employees who exercise that right. The NLRA, however,...

PRESENTED BY DENNIS A. LALLI TO THE EMPLOYMENT LAW LITIGATION INSTITUTE, ST. JOHN’S UNIVERSITY SCHOOL OF LAW, JAMAICA, NEW YORK MAY 11 – 12, 2001 A. Introduction We are all accustomed to the notion that a...

In order for a hostile work environment to be actionable, it must be sufficiently severe or pervasive to alter the terms and conditions of the plaintiff’s employment. The U.S. Court of Appeals for the Second Circuit...

On June 1, 2001, the Immigration and Naturalization Service (“INS”) launched a new premium processing service for employment-based visas through which, for a $1,000 fee, INS guarantees that applications will be...

On June 4, 2001, the U.S. Supreme Court decided that amounts awarded as “front pay” to discrimination plaintiffs are not subject to the limitations on damages contained in the Civil Rights Act of 1991. Pollard v....

In a pair of cases decided in 1998, Burlington Indus. Inc. v. Ellerth, 524 U.S. 742 (1998) and Faragher v. Boca Raton, 524 U.S. 775 (1998), the U.S. Supreme Court established an affirmative defense for employers in certain...