Insights

As reported in the October, 1992 issue of this Newsletter, an amendment to the New York Labor Law, which took effect on January 1, 1993, makes it unlawful for New York employers to take adverse employment actions against...

It is settled law under the National Labor Relations Act (“NLRA”) that an employer has the right to permanently replace “economic” strikers – employees who strike to support the union’s...

Title VII of the Civil Rights Act of 1964 provides that an employer may not retaliate against any of its “employees” or “applicants for employment” because they have filed a charge under Title VII,...

The Worker Adjustment and Retraining Notification Act (“WARN”) generally requires that an employer provide 60 days’ advance notice of a plant closing or mass layoff. 29 U.S.C. § 2101 et seq. (1988). The...

Negligent hiring occurs where an employer hires or retains an employee who is unfit for his or her position, with knowledge of the employee’s unfitness, and where an injury to a third party results. Under the related...

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...

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...

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...

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...