Today, July 4th, is a federal holiday – also known (here, anyway) as Independence Day – commemorating the adoption of the Declaration of Independence on July 4, 1776 by the Continental Congress declaring that the 13 original American colonies considered themselves a new nation (the United States of America) and no longer part of the British…
Read More Have a Happy Fourth of July – Just Be CarefulHappy 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…
Read More Flag DiscriminationAccording to one source, four out of 10 employees have dated someone at work. This, according to that article, “makes perfect sense [because] [t]here are more singles in the workforce than ever before, spending more than half their waking hours on the job[ and] [w]ith co-workers there’s a familiarity and commonality, not to mention proximity and…
Read More Love Can Get You Fired: Dating is Not a “Recreational Activity” Within the Meaning of New York’s “Lawful Activities” LawIf you’re thinking about celebrating this Thanksgiving by dressing up as a turkey and protesting the commercialism of holidays, you should first read People v. Pettigrew, 69 Misc. 2d 985, 332 N.Y.S.2d 33 (Dist. Ct. Suffolk Cty. 1972). In that case, defendant was arrested and charged with committing the offense of disorderly conduct in violation…
Read More Happy Thanksgiving!December 25, 2014 By Mail S. Claus Chief Executive Officer Claus Manufacturing, Inc. 25 Holiday Lane North Pole, AK 01225 Re: Deere v. Claus Mfg. Confidential and For Settlement Purposes Only Dear Mr. Claus: This law firm has been retained to represent Mr. Rudolph Deere (“Mr. Deere” or “our client”), a current employee of Claus…
Read More Deere v. Claus ManufacturingAs illustrated by a 1930 First Department products liability case, there are, apparently, worse things than shooting your eye out with a toy gun. Setting yourself on fire, for example. From Crist v. Art Metal Works, 230 A.D. 114, 116, 243 N.Y.S. 496, 497 (App. Div. 1930) aff’d, 255 N.Y. 624, 175 N.E. 341 (1931): Defendant…
Read More Toy Gun DangerIf you’re like me, the thought of (non-online) shopping on Black Friday – the day after Thanksgiving (i.e, not that one, or that one, or that one) – or Thanksgiving Day itself (really?!?) ranks somewhere on the “fun” scale between a colonoscopy and being trapped on an elevator in a burning building with [insert annoying…
Read More Happy Thanksgiving! Don’t Get TrampledIn Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…
Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination ClaimToday is July 4, 2014, the 238th anniversary of the Continental Congress’ adoption of the Declaration of Independence, our break-up letter to our abusive partner Great Britain. No euphemisms here: it couldn’t seriously be said “it’s not you, it’s us”; it was most certainly them. King George, it seems, wasn’t a terribly nice guy. Dear…
Read More When, in the Course of Human Events…Happy Memorial Day. According to the Department of Veterans’ Affairs website, Memorial Day commemorates those who died in military service. It is a day of remembrance and reflection. Keep in mind that there are laws, such as the Family and Medical Leave Act, that provide protections to family members of military members. The New York…
Read More Happy Memorial Day!