Employment Law

Complaint for Wrongful Termination Based on Psychological Disability is Reinstated by New York Appellate Court

In its February 11, 2015 decision in Regan v. City of Geneva, the Appellate Court, Fourth Department, reinstated the complaint for disability discrimination of a former police officer who was suspended from his job after he was arrested for driving while intoxicated. Shortly after he was suspended, the plaintiff entered into a rehabilitation program for

Federal Court Denies Long Island Restaurant’s Bid to Dismiss Executive Chef’s Overtime Claims

A decision issued last week by the Federal Court in Brooklyn breaks new ground in wage and hour law by imposing a hefty evidentiary burden on employers who try to deprive their employees of overtime by classifying them as “executives”. The decision was issued by Eastern District Judge Arthur D. Spatt in the case Karropoulos

Bengals cheerleaders settle their wage class action but still aren’t allowed to wear panties

Because wage and hour lawyers have already pursued class action lawsuits against nearly all of the obvious targets (restaurants, car washes, pharmaceutical sales, and loan officers, just to name a few), creative attorneys have increasingly turned to more esoteric industries, such as strip clubs, Uber drivers, and cheerleading. During the past three years, overtime claims

Court Reinstates Overtime and Minimum Wage Protections for Home Care Workers

On Friday, August 21, 2015, the Obama administration’s regulations granting overtime and minimum wage protection to 2,000,000 home care workers were reinstated by the U.S. Court of Appeals for the District of Columbia Circuit. The appellate court concluded that the Labor Department’s regulations were justified by the massive changes in the home care industry that

New York Wage Lawyers Report Dramatic Rise in Federal Court Overtime Claims

Today, Reuters reported that in 2013, there was a substantial increase in the number of wage claims filed by employees in both state and federal courts throughout the United States. According to the report, wage lawyers at Seyfarth Shaw predict that the trend will continue in 2014. According to Reuters, there has been a discernible

Dis Is We Thing, Inc. Might (or Might Not) Be Liable For Assault, But Definitely Guilty of the Most Atrociously Bad Corporate Name in History of Universe

New York’s Appellate Division for the Second Department is, in all likelihood, the busiest appellate court in the United States. The justices of the Second Department hear appeals from trial courts in 11 different counties, ranging from rural Dutchess and Putnam Counties to urban Brooklyn and Queens. The Second Department’s decisions offer a kaleidescopic view

Bullying in the Workplace: A New York Employment Lawyer’s Call for Action

In recent years, much needed attention has finally been given to the horrific epidemic of bullying in our nation’s schools. Previously, the phenomenon of bullying in schools and colleges was relegated to the subject of jokes or parody. The message sent by Hollywood films such as Revenge of the Nerds was, in sum and substance,

New York Lawyer Files Lawsuit to Hold NYC and Dept. of Education Responsible for Teen’s Suicide Due to Bullying

The attorneys at Rapaport Law Firm strongly support the efforts of our colleague, Ted Kessler, Esq., who is the attorney for the family of bullied teen Joel Morales in their lawsuit against New York City, the Department of Education, and bullying teens who subjected young Joel to years of torment and abuse. The unrelenting and

Federal Court in Brooklyn Denies School District’s Motion to Vacate Age Discrimination Verdict

After a two-week trial, a jury in Brooklyn, New York, returned a unanimous verdict in favor of a 47-year-old special education teacher who claimed that the Mattituck-Cutchogue Union Free School District terminated his employment on account of his age. Last week, District Court Judge Joseph F. Bianco (United States District Court, Eastern District) rejected the

July, 2013 Discrimination Law Update: New York Courts Buck the National Trend with Decisions that Enhance Workplace Protection under NYCHRL

Although we have just approached the midpoint of 2013, it is already apparent that this year will long be remembered for its paradigm-shifting changes in civil rights law. On the federal level, there has been an alarming rollback of civil rights protections. The U.S. Supreme Court’s curtailment of voting rights has been particularly painful for

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