NY Supreme (Richmond Cty.): Murdered police officer's family may continue suit against shooter's employer

by

Timoshenko v. Airport Auto Group et al., 2011 NY Slip Op 51492(U) (N.Y. Sup. Richmond Cty. August 5, 2011): Defendant Airport Auto Group, Inc.’s employee shot NYPD officer Timoshenko after being stopped in a BMW owned by defendant.  Plaintiffs, the slain officer’s parents, sued Airport Auto Group and its president individually, on a “negligent hiring” theory. …

Read More NY Supreme (Richmond Cty.): Murdered police officer’s family may continue suit against shooter’s employer
Share This:
by

In Jackler v. Byrne, 658 F.3d 225 (2011), the Second Circuit vacated the trial court’s FRCP 12(c) dismissal of plaintiff probationary police officer’s Section 1983/First Amendment retaliation claim.  Plaintiff alleged that he was fired because he refused to follow instructions to retract a report that implicated a police officer in the use of excessive force…

Read More Second Circuit Vacates Dismissal of First Amendment Retaliation Claim Brought by Police Officer Fired For Failing to Submit False Report
Share This:
by

Bowling v. 220 W. 42nd St., LLC, 104717/09 (Sup. NY July 7, 2011): Plaintiffs, two homosexual males, were allegedly physically and verbally threatened by two security guards after kissing in a McDonald’s restaurant.  It was undisputed that defendant 220 maintained, and that the defendant security guards were employed by, the restaurant where the incident occurred.  The…

Read More NYS trial court allows case arising from homosexual slurs to continue against restaurant
Share This:
by

In Ridinger v. Dow Jones & Co. Inc., 651 F.3d 309 (2d Cir. 2011), the Second Circuit affirmed an SDNY decision dismissing plaintiff’s complaint alleging age discrimination under the ADEA.  Defendant argued that plaintiff’s claims were barred by a Separation Agreement under which plaintiff agreed to waive all claims (including those under the ADEA) against defendant.  Plaintiff argued…

Read More Second Circuit Holds That Separation Agreement Complied With The Older Workers Benefit Protection Act (OWBPA), Justifying Dismissal of ADEA Complaint
Share This:
by

Although this is not a New York case, the issues raised are of sufficient import to plaintiff-side employment litigators everywhere, particularly since it resulted in a summary judgment for plaintiff. EEOC commentary here; text of opinion (EEOC v. Abercrombie & Fitch Stores, Inc., 09-CV-602-GKF-FHM (N.D. Okla. July 13, 2011)) here.

Read More Oklahoma federal court agrees with EEOC’s claims against store for failure to hire hijab-wearing Muslim girl
Share This:
by

In Winans v. Starbucks, 796 F. Supp. 2d 515 (SDNY July 11, 2011), the Southern District of New York dismissed a complaint alleging that Starbucks improperly retained gratuities that plaintiffs were entitled to receive. Plaintiffs, several Starbucks “assistant store managers”, sued their employer for violating New York Labor Law 196-d.  The Court ruled in Starbucks’…

Read More Court Holds That Starbucks Complied With Tip-Sharing Statute
Share This:
by

In Albunio et. al. v. City of New York, 16 NY3d 472 (March 31, 2011), the NY Court of Appeals reaffirmed the breadth of the New York City Administrative Code (“Code”), and in particular its anti-retaliation provision, codified at Code § 8-107 (7).  That section provides, in pertinent part:  “It shall be an unlawful discriminatory practice . . .…

Read More NY Court of Appeals clarifies what it means to “oppose[]” a discriminatory practice under NYCHRL’s anti-retaliation provision
Share This:
by

A 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”
Share This: