December 27, 2011 – Pospis Law, PLLC

December 27, 2011 by mjpospis

Federal Court rules that New York City statutes and regulations governing construction cranes are not preempted by OSHA regulations

In a 42-page opinion issued last week (copy below), Southern District Judge Colleen McMahon held that the federal Occupational Safety and Health Act’s (“OSHA”) crane regulations did not preempt the New York City Building Code’s crane regulations (codified at Title 28 of the New York City Administrative Code). According to the Court, OSHA “is a…

Court Clarifies Summary Judgment Analysis For Discrimination Claims Under the New York City Human Rights Law

In Bennett v. Health Mgt. Sys., Inc., 2011 NY Slip Op. 09206 (N.Y. App. Div. 1st Dept. Dec. 20, 2011), the Appellate Division, First Department for the first time provided “an examination of whether, and to what extent, the three-step burden-shifting approach set forth in McDonnell Douglas v Green (411 US 792 [1973]), must be…