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Generally, with the exception of New York City’s Earned Sick Time Act, New York law does not require payment for time not actually worked (such as holidays, sick time, and vacations) unless the employer has established a policy or agreed to make such payments. Is There an Agreement? As explained by the court in Litras v PVM…
Read More The Law of Vacation Pay in New York
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In Boutros v. JTC Painting, the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ complaint seeking unpaid overtime under the Fair Labor Standards Act and the New York Labor Law. Plaintiffs are painters who worked for defendant JTC, a painting contractor owned by co-defendant Caruso. They allege that JTC failed to pay…
Read More Overtime Complaint Was Not Moot in Light of Open-Ended Allegation of Hours Worked
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In Rampersaud v. Parmanand, a Queens trial court issued a decision explaining the circumstances under which summary judgment is appropriate in a rear-end collision case. Plaintiff Rampersaud was a passenger in a car driven by Parmanand when it was struck in the rear by a car driven by Cunningham. Defendant driver Parmanand (and co-defendant owner…
Read More Sudden Stop of Lead Vehicle Creates Issues of Fact in Rear-End Car Accident Case
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In a recent discovery order in Chen-Oster v. Goldman, Sachs & Co. – a putative class action in which plaintiffs allege that the Goldman Sachs defendants “engaged in a pattern of gender discrimination against female professional employees in violation of Title VII of the Civil Rights Act of 1964” and the NYC Human Rights Law – Southern District Magistrate…
Read More Court Cites and Applies Broad Discovery Rules in Pattern/Practice Gender Discrimination Case Against Goldman Sachs
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Below and here is the sexual harassment lawsuit filed by Sherina Thomas against EONY and EONY’s owner David Shavolian in the Supreme Court of New York (Index No. 158961/2013). Plaintiff alleges, among other things, that defendant Shavolian forced plaintiff to show him her breasts and proceeded to “fondl[e]” and “jiggl[e]” them; asked her whether she “shave[s]…
Read More Sexual Harassment Complaint Alleges Supervisor Made Sexually Explicit Remarks and Forced Plaintiff to Watch Him Urinate
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Law firm Clifford Chance has apparently distributed a memo to female attorneys outlining presentation tips that many are blasting as a sexist throwback to the 1950’s. It suggests, for example, that female attorneys should: Avoid using “Um”, “Uh”, “You Know”, and “Like”; Not show cleavage; Ensure that “[i]f wearing a skirt, make sure audience can’t see…
Read More Prestigious Law Firm Sends Condescending and Sexist Memo to Female Attorneys
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In Mulham v. City of New York, the Appellate Division, Second Department, reversed an order dismissing an NYPD Officer’s injury claim under General Municipal Law § 205-e that was predicated on a violation of New York City Health Code (24 RCNY) § 153.19. The facts: The plaintiff, a sergeant in the New York City Police Department,…
Read More Injured NYPD Officer May Continue Suit Based on Violation of Littering Law New York City skyline at sunset with skyscrapers
In Strong v. City of New York, the Appellate Division, First Department recently held that sanctions were appropriate in light of the NYPD’s deletion of audio recordings preceding a car accident allegedly initiated by an NYPD driver. Plaintiff and others were injured when an NYPD vehicle “collided with a vehicle operated by defendant Geraldo Falcon,…
Read More Deletion of Radio Transmissions Results in Sanctions in NYPD Car Accident Case
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On October 21, 2013, Governor Cuomo signed legislation designed to end exploitation of child models. The expressed purpose of the Bill, S5486-2013, is: To provide for and incorporate the protections covered under Article 4-A of the Labor Law and Article 35 of the Arts and Cultural Affairs Law which governs the conditions of employment and the education…
Read More New Law Extends Legal Protections to Child Models
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Does “cleaning” include removing leaves from a gutter? According to a recent decision, it does not – at least not within the meaning of New York Labor Law § 240(1). In that case (Hull v. Fieldpoint Community Ass’n, decided Oct. 23, 2013), the Appellate Division, Second Department, affirmed the dismissal of plaintiff’s complaint seeking recovery under Labor Law…
Read More No Labor Law § 240(1) Relief For Plaintiff Injured While Cleaning Out Leaves From Roof Gutters