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

Unpaid Intern Cannot Sue for Sexual Harassment: NYFed Court

In a case that may be shocking to many folks (but not lawyers in the employment litigation field) NY Southern District Judge Kevin Castel last week ruled that an unpaid intern could not sue her employer under NYC Human Rights Law because she was not an “employee” under the law. This discrepancy’s not new. It […]

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Employment Law General

Caveat Superior: Employers Can Be Held Responsible For Their Employees Social Media Posts

Most employers already know that many of their employees are engaging in social media while at the workplace. Whether its posting on Facebook, Twitter, Pinterest or Instagram or looking at others’ posts on those time-draining sites, many employers are concerned about how much labor time is being frittered away during these “Digital smoke breaks.” Many […]

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General

NY Court Rules: Short People Got No Reason to Sue!

Randy Newman can add the title of this blog post as a new line to Short People, his often misunderstood, misinterpreted hit song from 1977, as a NY court ruled that “shortness” is not a physical disability protected by the NY State Human Rights Law. NY State’s Human Rights Law can be found in the […]

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Fair Labor/Wage and Hour Litigation Restaurant and Hospitality Law

Lawsuit Against Mario Batali’s Restaurants Heating Up

In May of this year, NY Federal Judge Richard Howell dealt a huge blow to famed restauranteur Mario Batali and his partner Joseph Bastianich by granting class action certification to a lawsuit filed by about a dozen or so employees of their famed eateries. The Wage and Hour lawsuit makes several claims against the pair […]

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Litigation

EEOC Files Suit Against Employment Agency For Sending Women Into “Hostile Work Environment”

The Equal Employment Opportunity Commission (EEOC) is the Federal Agency entrusted to policing claims of discrimination in the workplace. Last week, the EEOC filed a Federal discrimination lawsuit in the Northern District of Illinois against Source One Staffing, claiming the Source One repeatedly sent female workers to job assignments even though two prior temps had […]

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General Litigation

Supreme Court Allows Oral Wage Complaints to Form Basis For Retaliation

Ina decision that makes it easier to file retaliation claims against employers, the Supreme Court ruled yesterday that workers who complain to their employers about wage violations are protected from retaliation even if the complaints were not in writing.  The case Kasten v. Saint-Gobain Performance Plastics Corp.,  was decided by a vote of 6-2 (Justice […]

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General

Do Unpaid Internships Violate Federal Wage Laws?

As the father of a college student, I am well aware of the importance of and difficulty in obtaining a well-placed internship.  Luckily, my son ended up getting a paid position but many students find themselves accepting positions that pay either nothing or well below the minimum wage.  So, is that legal, their parents ask […]