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Employment Law

In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s […]

Happy Valentine’s Day! While this holiday of (ahem) love may bring back fond memories of grade-school card and candy swapping, it’s important to remember that bringing romance into the workplace – even (or maybe especially) on Valentine’s Day – presents risks, most notably of a sexual harassment/hostile work environment lawsuit. Consider, for example, the case of Pugni […]

In Matter of Mitchell (Nation Co. Ltd. Partners – Commissioner of Labor), 2016 NY Slip Op 08923 (App. Div. 3d Dept. Dec. 29, 2016), the court reversed a Board determination finding that Gregory A. Mitchell, a blogger for The Nation, was an “employee” and thus entitled to unemployment insurance benefits following the non-renewal of his contract in […]

In Douyon v. NYC Dept. of Education, No. 15-3932, 2016 WL 6584894 (2d Cir. Nov. 7, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of hostile work environment sexual harassment, quid pro quo sexual harassment, and retaliation. In sum, plaintiff asserted that her supervisor, Laurence Harvey, subjected her to sexual harassment and […]

In Mira v. Kingston, 15-cv-09989, 2016 WL 5867448 (S.D.N.Y. Oct. 3, 2016), the court considered, and denied, plaintiff’s motion to consolidate two employment discrimination actions. The court’s decision turned on the application of Rule 42(a) of the Federal Rules of Civil Procedure, which provides: “If actions before the court involve a common question of law […]

The New York City Council has proposed a Local Law was proposed “to amend the administrative code of the city of New York, in relation to prohibiting employers from inquiring about or relying on a prospective employee’s salary history.” From the summary: This bill would prohibit employers from inquiring about a prospective employee’s salary history during […]