Pleading

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On Friday, the Second Circuit held in Colquitt v. Xerox Corp. (Summary Order) that plaintiff’s employment discrimination claims that were not raised – or “administratively exhausted” – in the U.S. Equal Employment Opportunity Commission (EEOC) were properly dismissed from plaintiff’s lawsuit. In Colquitt, plaintiff alleged that she was subjected to (1) a race-based denial of phone privileges and…

Read More Second Circuit Affirms Dismissal of Employment Discrimination Claims Not Raised in the EEOC
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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 Wingfield v. Rochester School for the Deaf, the Western District of New York recently clarified that not all employment decisions that affect employees at work are “employment actions” sufficient to support a claim of employment discrimination. In Wingfield, plaintiff and her ex-husband worked at defendant. Following an altercation, family court issued a temporary order of…

Read More All Actions Affecting Workers Are Not Necessarily “Employment Actions” For Purposes of the Discrimination Laws
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In Romanello v. Intesa Sanpaolo, S.p.A., decided Oct. 10, 2013, the New York Court of Appeals (the state’s highest court) reinstated plaintiff’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) but held that plaintiff’s claim under the New York State Human Rights Law (NYSHRL) was properly dismissed. In doing so, it highlighted crucial…

Read More Plaintiff Suffering From Depression Adequately Stated Disability Discrimination Claim Under New York City Human Rights Law
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Although unpaid interns recently obtained a court victory on the wage and hour front (i.e., a ruling that they are “employees” under federal and state wage/hour laws), Southern District Judge P. Kevin Castel recently issued them a defeat on the discrimination/harassment front. In Wang v. Phoenix Satellite Television US Inc., the court dismissed an intern’s…

Read More Court Holds That Unpaid Interns Are Not Protected From Sexual Harassment Under the New York City Human Rights Law
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The Northern District of New York recently held, in Hexemer v. General Electric, that plaintiff adequately pleaded retaliation for complaining about a co-worker’s discriminatory comments. Plaintiff, who was born in Iran and is of Persian descent, alleged that after she made a comment to two co-workers about how sitting at their desks led to weight…

Read More Iranian Plaintiff Sufficiently Alleged Retaliation After Firing For Complaining About Being Called “Uncivilized”
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The Eastern District of New York recently held, in Litras v PVM Intern. Corp., that plaintiff plausibly alleged various claims relating to non-payment of wages and retaliation. Plaintiff – who was employed by PVM as an export manager – alleged that her employment was terminated because she testified against defendants (the Sabhnanis) in a federal…

Read More Plaintiff Adequately Alleged Overtime, Vacation Pay, Retaliation, and Civil Rights Conspiracy Allegations
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Here and below is the letter recently filed by the attorney for plaintiffs Victoria Burhans and Chloe Rivera in their sexual harassment lawsuit against Vito Lopez and Sheldon Silver.  It responds to Silver’s letter in which he outlines his proposed motion to dismiss the case. As to their Section 1983 claims, plaintiffs contend, in part: Silver contends that plaintiffs’…

Read More Plaintiffs Submit Further Details and Argument Supporting Claims Against Sheldon Silver in Vito Lopez Sexual Harassment Case
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In Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…

Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation Claims
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A recent Second Circuit decision, Dejesus v. HF Management Services, illustrates how detailed a federal complaint must be to sufficiently allege overtime violations under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law. The court upheld the dismissal of plaintiff’s complaint because she did not “plausibly allege that she worked overtime without…

Read More Second Circuit Holds FLSA Overtime Allegations Insufficiently Pled
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