In Hatzimihalis v. SMBC Nikko Securities America, Inc. et al, 20 Civ. 8037 (JPC), 2023 WL 3764823 (S.D.N.Y. June 1, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based pay discrimination claims under the New York City Human Rights Law and the post-amendment New York State Human Rights Law claims. This decision…
Read More Sex-Based Discrimination / Pay Disparity Claims Survive in PartIn Miranda v. YBJ Incorporated, 2023 WL 3122876, at *2–3 (S.D.N.Y. April 27, 2023), the court dismissed plaintiff’s employment discrimination claim ,asserted under the New York State Human Rights Law. From the decision: Defendants argue the Court may not exercise supplemental jurisdiction over plaintiff’s NYSHRL claim3 because it arises from facts unrelated to plaintiff’s FLSA…
Read More Discrimination Claim Dismissed for Lack of Subject Matter Jurisdiction; Wage Claim ContinuesStarting today, November 1, 2022, a new law requires employers advertising jobs in New York City to include a good-faith salary range for every job, promotion, and transfer opportunity advertised. The New York City Commission on Human Rights has issued guidance on the new law, including which employers are covered, which job listings are covered,…
Read More NYC Salary Transparency Law Goes Into EffectIn Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Here is the court’s analysis of that issue: Defendant…
Read More Race-Based Harassment/Hostile Work Environment Survives Motion to Dismiss Against Tulane UniversityIn Santiago v. Acacia Network, Inc. et al, 2022 WL 6775835 (S.D.N.Y. October 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim(s) asserted under the New York City Human Rights Law. From the decision: The plaintiff also argues that the defendants fostered a hostile work environment in violation…
Read More Hostile Work Environment & Pay Discrimination Claims Sufficiently Alleged Against Acacia Network, Court RulesIn Cunliffe v. Sandberg, No. 150610/2022, 2022 WL 2343202 (N.Y. Sup Ct, New York County June 28, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim that defendant failed to comply with the New York Labor Law’s wage notice requirement, codified at NYLL § 195(3). (I addressed that portion of the court’s…
Read More NY Labor Law Wage Notice Claim Survives DismissalThe New York City Council has enacted a Local Law (No. 2022/032), which will prohibit employers from posting job listings without minimum and maximum salary information. The Council provides the following summary: This bill would make it an unlawful discriminatory practice to not include in job listings the minimum and maximum salary offered for any…
Read More New NYC Law to Require Disclosure of Minimum/Maximum Salary RangeToday, August 20, 2021, New York’s Governor signed a new law, S858, which closes a loophole in New York’s Labor Law relating to wage theft. Specifically, the law amends New York Labor Law sections 193 and 198. Previously, the law prevented certain “deductions.” However, there was ambiguity as to whether a complete failure to pay…
Read More NY Governor Signs Bill Closing “Wage Theft” LoopholeIn Cano v. Cherry Lawn Farms, Inc. et al, No. 19-9469, 2021 WL 2481489 (S.D.N.Y. June 17, 2021), the court denied (without prejudice) the parties’ application to approve, in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), a settlement agreement resolving plaintiff’s claims for unpaid wages in violation of…
Read More FLSA Settlement Disapproved, Based on One Provision Regarding Additional ClaimsA recent New York law, titled the No Wage Theft Loophole Act (A1893/S858), recently passed the Senate and Assembly (and, as of this writing, June 2, 2021, is awaiting signature by the Governor). Its stated purpose is “[t]o clarify that Article 6 of New York’s Labor Law completely and without exception prohibits lack of distribution of…
Read More “No Wage Theft Loophole Act” Amends New York Labor Law