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June/1/2014

Labor & Employment Practice

By Glen P. Doherty, Esq.
McNamee, Lochner, Titus & Williams, P.C.

Download  June 14 Labor.pdf Jacobsen v. New York City Health and Hospital Corp. (2014-34)

(From the May 2014 Newsletter Download May 14 Labor.pdf  In Castagna v. Majestic Kitchens, Inc. and Bill Luceno, 2014 U.S.App LEXIS 4241 (March 5, 2014),

Download April 14 Labor.doc -  Numrich Gun Parts Corporation v. Commissioner of Labor (517196), a decision that reminds us that nothing is ever over as far as the New York State Department of Labor is concerned.

(From the March 2013 Newsletter)  Download March 14 Labor.doc:  The NYS Cinmnercial Goods Transportation Industry Fair Play Act. 

(From theJanuary 2014 Newsletter) In December, the Court handed down John Lack Associates, LLC v. Commissioner of Labor (2013 WL 6283749), a decision that will hopefully remind the New York State Department of Labor that it is still possible in this day and age for a worker to be an independent contractor.

(from the December 2013 Newsletter) In November, the Court handed down Massaro v. New York State Thruway Authority (516113), a decision that rejected a union’s efforts under the Freedom of Information Law to obtain the names and addresses of non-union employees that performed work on a specific public works project.

(From the November 2013 Newsletter) Columbia Artists Management LLC v Commissioner of Labor (515768), a decision that examines the legal distinction between employees and independent contractors for purposes of unemployment insurance.

(From the October 2013 Newsletter) Employers subject to the Fair Labor Standards Act (“FLSA”) are required to send the Marketplace Notice.  Generally speaking, the FLSA applies to employers that employ one or more individuals who are engaged in, or produce goods..

(From the September 2013 Newsletter) In late summer, the Court handed down Nelson v. Lattner Enterprises of N.Y., d/b/a McDonalds (515927), a decision that explores the limited circumstances under which a fully executed employment release might be subject to invalidation.

From the June 2013 Newsletter) The Occupational Safety and Health Administration (“OSHA”) recently issued a letter of interpretation that allows employees at non-union establishments to designate outside representatives or union agents to represent them during OSHA walk-around inspections.  Beyond the fact that OSHA’s letter is viewed by some as a further effort by the Obama Administration to support union organizing through the grant of access, more important is the fact is that it seems to contradict both law and long-standing OSHA policy.

(from the May 2013 Newsletter)   West Taghkanic Diner II, Inc. and L'Houssine Siba v. New York State Division of Human Rights (514133), a decision that reviews the applicable standards for hostile work environment and retaliation under the Human Rights Law.

(From the April 2013 Newsletter)  Family and Medical Leave Act: On February 6, 2013, the U.S. Department of Labor (“DOL”) published a Final Rule implementing various changes to the Family and Medical Leave Act (“FMLA”) required under the 2010 Defense Authorization Act and the Airline Flight Crew Technical Corrections Act.  The Final Rule takes effect on March 8, 2013.  Form I-9: On March 8, 2013, the U.S. Citizenship and Immigration Service issued a new (revised) Form I-9 (Employment Eligibility Verification).  The new Form I-9 and Instructions are available online at www.uscis.gov/files/forms/i-9.pdf

(From the March 2013 Newsletter) Osborne v. Commissioner of Labor (514117); Williams v. Commissioner of Labor (514909);
Kirilytchev v. Commissioner (514545); Lopez v. Commissioner (514794)

(From the February 2013 Newsletter) Goodman v. New York Oncology Hematology, P.C. (514421), a decision that stresses the importance of understanding the literal limitations of a non-competition agreement -- prior to deciding to enforce it against a departing employee.

(From the January 13 2013 Newsletter)  New York Wage Theft Protection Act (“WTPA”).

(From the Nov/Dec 2012 Newsletter)  New York’s Election Law and legislation to further reduce identity theft

(From the October 2012 Newsletter)  Section 193 of New York Labor Law

(From the September 2012 Newsletter)  DeKenipp v State of New York (513957), Gross v FBL Fin. Servs., Inc. (557 U.S. 167),

(From the Summer 2012 Newlsetter) New York's wage deduction statute - Section 193 of New York Labor Law

(From the June 2012 Newsletter)  Sullivan v, Harnisch, (May 8, 2012, No. 82); in Murphy v. American Home Prods. Corp.; Wieder v. Skala 

(From the May 2012 Newsletter)  The "quickie election" rule announced by the National Labor Relations Board is scheduled to take effect of April 30, 2012.

(From the April 2012 Newsletter) Waddell v. Boyce Thompson Institute for Plant Research, Inc. (512419), a decision that reaffirms New York's employment-at-will doctrine.

(From the March 2012 Newsletter)   This month presents the perfect opportunity to make further reference to the New York Wage Theft Protection Act ("WTPA"), and to discuss the WTPA's "relation" to potential wage and hour litigation.

(From the February 2012 Newsletter) On January 11, 2012, the United States Supreme Court issued Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a decision that addresses the "ministerial exception" to discrimination laws.

(From the January 2012 Newsletter) New Wage Theft Protection Act ("WTPA")

(From the December 2011 Newsletter)  Dickey v. Commissioner of Labor (511738), Cheek v. Commissioner of Labor (512198), Meagher v. Commissioner of Labor (511939)

(From the November 2011 Newsletter)  update our members concerning a new Internal Revenue Service ("IRS") program – a program that should be of great interest to our members (as employers) who treat their attorneys as independent contractors.

(From the October 2011 Newsletter) New Labor/Employment Posting Requirements

(From the September 2011 Issue) M.G.M. Insulation, Inc., et al v. Commissioner of Labor (510657), a decision that stresses the importance of understanding, and complying with, New York's prevailing wage rate laws.

(From the Summer 2011 Issue) Suriel v. Dominican Republic Education and Mentoring Project, Inc., et al (510781), a decision that reviews the applicable standards for hostile work environment and retaliation claims under the Human Rights Law

(From the June 2011 NewsletterBessener Trust Co., N.A. v. Branin, (April 28, 2001, No. 63, Second Circ., App. Div., certified by the Court of Appeals) – solicitation guidelines for business sellers

(From the May 2011 Newsletter)  Vinikoff v. New York State Div. of Human Rights (509927), employer's obligation to accommodate an employee's known disability

(From the April 2011 Newsletter) Staub v. Proctor Hospital, U.S. Supreme Court clarified the standards under which an employer can be liable for discrimination under the "cat's paw" theory

(From the March 2011 Newsletter) overview of NY Wage Theft protection Act ("WTPA" or "Act"), effective April 12, 2011

(From the February 2011 Newsletter) Insured Group Health Plans Notice 2011-1, insured group health plans will not be required to comply with the nondiscrimination requirements of Code Section 105(h) until or after further issuance of regulations or other administrative guidance

(From the January 2011 Newsletter) Tosha Restaurants, LLC, d/b/a Denny's v. NYS Div. of Human Rights (509706), Appellate Division upheld determination that plaintiff’s termination was inappropriate under the disability provisions of the NY Human Rights law

(From the December 2010 Newsletter)
(From the November 2010 Newsletter)
(From the October 2010 Newsletter)
(From the September 2010 Newsletter)
(From the Summer 2010 Newsletter)
(From the June 2010 Newsletter
(From the May 2010 Newsletter)
(From the April 2010 Newsletter)
(From the March 2010 Newsletter)
(From the February 2010 Newsletter)
(From the January 2010 Newsletter) 






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