Governor Cuomo recently signed a bill (A6554) that amends New York’s protective order statute, CPLR § 3103(a), to permit non-parties to object to discovery. According to the bill’s accompanying memorandum: This measure would amend CPLR § 3103(a) to expand the delineated persons who may seek the remedy of a protective order in regard to the use of discovery…
Read More New Bill Authorizes Non-Parties to Object to DiscoveryToday a state appellate court unanimously affirmed Judge Tingling’s March 11, 2013 decision striking down New York City’s soda ban. The decision holds that “the Board of Health overstepped the boundaries of its lawfully delegated authority when it promulgated the Portion Cap Rule to curtail the consumption of soda drinks” and “therefore violated the state principle…
Read More Appellate Court Upholds Judge Tingling’s Decision Striking Down Soda BanThis week New York City lawmakers enacted (over a mayoral veto) a law prohibiting discrimination against out-of-work job seekers. (Click here for similar proposed, but un-enacted, federal legislation.) Click here for the legislation’s text and history and here for a press release discussing it. The law will take effect within 90 days of its enactment (March…
Read More New York City Enacts Legislation Prohibiting Discrimination Based On UnemploymentIn NY Statewide Coalition v. NYC DOHMH (NY Sup. Ct. NY Cty. Index 653584/12), the court enjoined the enforcement of NYC Health Code § 81.53 (which prohibits the sale by certain vendors of “sugary drinks” exceeding 16 fluid ounces). In addition to finding that the Rule violated the separation of powers doctrine, Judge Tingling found that…
Read More Viva La Soda! Manhattan Judge Milton Tingling Strikes Down Mayor Bloomberg’s “Soda Ban”In a letter dated February 14, 2013, 37 senators urged President Obama to issue an Executive Order protecting LGBT employees of federal contractors against discrimination. This would supplement the protections embodied in Executive Order No. 11246 (signed by President Johnson in 1965), which requires federal contractors to refrain from discriminating because of race, creed, color,…
Read More Senators Urge Pres. Obama to Issue Executive Order Protecting LGBT Employees of Federal Contractors Against DiscriminationOn August 30, 2011, Mayor Bloomberg signed into law amendments to the New York City Human Rights Law (specifically, to sections 8-102(18) and 8-107(3)(b) of the New York City Administrative Code) which effectively make it more difficult for an employer to refuse to accommodate an employee’s religious beliefs on the ground that the requested accommodation…
Read More Amendments to NYC Human Rights Law Provide Enhanced Protections Against Religious Discrimination in EmploymentA New York law, known as the “Wage Theft Prevention Act” (and codified at Section 195 of the New York Labor Law) (“WTPA”), recently went into effect. The WTPA, among other things, strengthens the Labor Law’s anti-retaliation provision, specifies additional notice requirements, and significantly increases penalties for noncompliance (by, for example, increasing liquidated damages from…
Read More NY Enacts Employee-Friendly “Wage Theft Prevention Act”Rep. Hank Johnson (D-Ga) today (Wednesday, March 16, 2011) introduced legislation (the “Fair Employment Opportunity Act of 2011”, H.R. 1113) which would amend the Civil Rights Act of 1964 to protect against discrimination on the basis of unemployment status. The bill was co-sponsored by Rep. Jesse Jackson, Jr. (D-Ill.). Click here for more information on…
Read More Proposed Legislation Would Add “Unemployment Status” As Protected Class