In Restaurant Law Center & NYS Restaurant Association et al v. City of New York, 21-cv-4801, 2022 WL 409190 (S.D.N.Y. February 10, 2022), the court rejected a challenge, mounted by plaintiffs, to a 2021 amendment to New York City’s Fair Workweek Law. In 2017, NYC enacted the Fair Workweek Law (N.Y.C. Admin. Code §§ 20-1201…
Read More Court Rejects Challenge to Fast Food “Wrongful Discharge Law”In Williams v. Rhythm of Life Corp., No. 652707/2020, 2021 WL 143487, 2021 N.Y. Slip Op. 30139(U) (N.Y. Sup Ct, New York County Jan. 14, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s breach-of-contract claim arising from his alleged wrongful termination. In sum, in this case plaintiff asserts “that the defendant wrongfully…
Read More Dance Teacher Stated Claim For Breach of Contract Following Termination For Allegedly False Accusations of Sexual HarassmentIt has been reported that those identified as being present at, and/or having expressed support for, the U.S. Capitol riot(s) of January 6, 2021 have lost their jobs or are otherwise facing discipline. To what extent does such action violate their rights as employees?[1]The below discussion is confined to New York law and federal law…
Read More Recently-Unemployed Rioters and Wrongful Termination ClaimsRecent legislation, enacted by the New York City Council, provides what appear to be substantial protections to fast food workers by, e.g., requiring that termination of their employment be for “just cause.” The legislation amends Chapter 12 of Title 20 of the Administrative Code of the City of New York by adding a new subchapter…
Read More NYC Council Enacts Legislation to Provide “Just Cause” Termination Protection to Fast Food EmployeesIn Van Soeren v. Disney Streaming Service, 2020 WL 6131255 (S.D.N.Y. Oct. 16, 2020), the court dismissed plaintiff’s discrimination complaint asserted under, e.g., Title VII of the Civil Rights Act of 1964. In sum, plaintiff – a male product designer and former at-will employee of defendant – asserted that he was subject to pregnancy discrimination…
Read More Title VII Discrimination Claim, Based on Wife’s Pregnancy, Dismissed; “New Parent” Status Not Protected ClassIn Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s breach of contract claim, based on the language of an offer letter by plaintiff’s employer. Plaintiff began working for defendant on October 1, 2018. Before that,…
Read More Breach of Employment Contract Claim Dismissed; Offer Letter Did Not Contain Guarantee of Employment of Five YearsOne doesn’t have to go very far into the Interwebs to find stories, often accompanied by video(s), of people behaving badly. Recent examples include a lawyer’s racist tirade at a midtown deli, and a woman’s racist outburst on a NYC subway train. If – and, let’s face it, when – their employer(s)[1]As always, unless otherwise…
Read More Can You Be Fired For Non-Work (Mis)Conduct?In Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014), the court – in addition to affirming the dismissal of plaintiff’s Labor Law § 740 cause of action – also affirmed the dismissal of plaintiff’s “fraudulent inducement” claim. The court summarized the well-established, current…
Read More Citing the “At Will Employment” Rule, Court Affirms the Dismissal of Plaintiff’s Fraudulent Inducement ClaimIn Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national…
Read More Lawyer’s Breach of Contract Claim Survives Summary Judgment; National Origin Discrimination/Hostile Work Environment Claims DismissedHappy Flag Day! Did you know that in New York, it is unlawful for an employer to punish you for displaying the American flag on your person or work station? New York Labor Law § 215-c, titled “Discrimination against employees for displaying the American flag”, provides: 1. No employer, public or private, or such employer’s duly…
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