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Employment Law Fair Labor/Wage and Hour Restaurant and Hospitality Law

Do New Labor Dept Rules Signal the Return of the Unpaid Internship?

The U.S. Dept. of Labor has announced it will use a new seven-factor test for deciding whether an internship position qualifies for an unpaid status under the minimum wage provision in the federal Fair Labor Standards Act. The guidelines shift the focus from whether the intern is the primary beneficiary of the relationship to whether […]

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Employment Law Litigation

NY Appeals Court: No, You Can’t Fire Someone Because They’re “Too Cute”

Dilek Edwards worked as a massage therapist for Manhattan chiropractor Charles Nicolai, who is married to former Playboy centerfold Stephanie Adams. Adams is also a co-owner of the chiropractic practice. About a year into her employment Edwards began giving yoga lessons to Nicolai. Nicolai one day informed Edwards that his wife is likely to become […]

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Employment Law

New NYC Law Makes Written Contracts Mandatory for Freelancers

Every holiday season, many NY City companies employ freelancers to fill a variety of roles for when the business gets swamped. Well starting in 2017, those businesses will need to comply with a new law that goes into effect May 15 2017 in the five boroughs of New York City. The law, appropriately named “The […]

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Criminal Law Employment Law

Jared’s Ex-Wife Sues Subway for Not Telling Her He Was a Pedophile

Kathleen McLaughlin, the ex-wife of convicted Subway pitchman Jared Fogle filed a lawsuit Monday in Indiana State Court contending she would never have married Fogle if the company had reported his sexual interest in children. The suit alleges that Subway’s parent company was warned about Fogle’s behavior at least three times but did not report […]

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Constitutional Law Employment Law Litigation

NY Judge Okays Firing Yoga Teacher For Being “Too Cute”

Dilek Edwards was a yoga instructor and massage therapist working for chiropractor Charles Nicolai’s Wall Street Chiropractic & Wellness Center. More than a year after Edwards started the job, Nicolai told Edwards his wife might be jealous because Edwards was “too cute.” Edwards’ wife, Stephanie Adams, is a co-owner of the practice and was therefore […]

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Employment Law Fair Labor/Wage and Hour

Big Blow to Big Law: “Doc Review” Is Not “Practice of Law” Making Overtime Rules Applicable

One of the dark secrets of Big Law (firms with more than 1,000 lawyers) is that they have a whole contingent of lawyers all across the country who are not part of the firm per se and do lots of the grungiest of the grunge work of the legal world: Document Review. The glut of […]

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Constitutional Law Employment Law

Rachel Dolezal’s Legal Issue Different Than Those in the TransGender Community

There has been much controversy and discussion stirring since Rachel Dolezal was revealed to be a white woman passing as a black woman. For those of you living under a rock the past few days, Rachel Dolezal is the 37-year-old head of the NAACP chapter in Spokane, Washington; a professor of Africana studies at Eastern […]

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Constitutional Law Employment Law

Appeals Court Recognizes First Amendment Rights of Professor to Complain About Treatment of Adjuncts

In case you haven’t noticed, the First Amendment has been taking a beating on college campuses. More and more schools are placing limits on what activities  students and professors can engage in. Private and public universities are holding students and professors to “codes of conduct” that in many ways limit their rights to free speech. […]

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Constitutional Law Employment Law General

Should States Allow Undocumented Aliens to Become Licensed Attorneys?

My answer is: “It depends.” I know, typical lawyer response, but this is a difficult issue for me on many levels and one which many states will soon be dealing with. The State of California’s Supreme Court issued a decision Friday holding that there is no reason under State law why an documented immigrant should […]