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Most laws prohibiting discrimination in employment protect workers who are “employees” but not those who are “independent contractors.” The U.S. Court of Appeals for the Second Circuit in New York...
Sep 01, 1994
Employment Termination
Employment-At-Will Statements and Handbook Disclaimers Revisited
A recent decision of the New Jersey Supreme Court illustrates how poorly-drafted provisions in employee handbooks can greatly increase the likelihood of liability for wrongful termination. Under New Jersey law, statements in...
Apr 01, 1994
Employment Discrimination
Second Circuit Expands Employer Liability for Sexual Harassment
A recent decision by the U.S. Court of Appeals for the Second Circuit in New York has expanded the range of circumstances in which an employer may be held liable for sexual harassment by supervisors. Karibian v. Columbia...
Apr 01, 1994
General Employment Issues
Mandatory Arbitration of Employment Discrimination Disputes Gaining Approval
Employment discrimination claims have long been thought to be outside the scope of the arbitration provisions of collective bargaining agreements and employment contracts. In Alexander v. Gardner-Denver Co., 415 U.S. 36...
On February 5, 1993, President Clinton signed the Family and Medical Leave Act of 1993. In explaining the intent of this legislation, the President stated, “American workers will no longer have to choose between the job...
Oct 01, 1992
Employment Termination
WARN Developments: Second Circuit Holds Management Company Liable as WARN
In the July, 1992 issue of this Newsletter, we reported that even unintentional violations of the federal plant-closing law – the Worker Adjustment and Retraining Notification Act (“WARN”) – can result...
In Truelove v Northeast Capital & Advisory, Inc., 3 No. 99 (NY Ct. App. 2000), a case of first impression in New York, the state’s highest court ruled on October 17, 2000, that discretionary bonuses based on an...
Oct 01, 1992
Employment Discrimination
New Law Protects New York Employees From Discrimination Based on Legal Off-Duty Conduct
Under a new statute, New York employers may not take adverse employment actions against employees or applicants for employment on the basis of their legal, off-duty conduct. The new law, section 201-d of the Labor Law, which...
Oct 01, 1992
Employment Discrimination
Employer Not Liable Under Title VII for Retaliation Against Former Employee
The Pregnancy Discrimination Act (the “PDA”), enacted in 1978, provides that discrimination against an employee because of “pregnancy, childbirth, or related medical conditions” constitutes prohibited...
Jul 01, 1992
Employment Termination
Appellate Division Rejects Discrimination Claim Based on Discharge for Positive Drug Test
The New York State Supreme Court, Appellate Division, Third Department, recently sustained a decision of the Unemployment Insurance Appeal Board (the “Appeal Board”) which denied unemployment benefits to a...