NYC Litigation Blog

Friday, May 17, 2019

Older Workers Benefit Protection Act (OWBPA)

The Older Workers Benefit Protection Act (OWPA) is an an amendment to the Age Discrimination in Employment Act (ADEA). Its purpose is to protect employees from discrimination on the basis of age. This usually means preventing an employer from doing things like firing only older staff members when making cuts or discriminating based on age in regards to employee benefits.

What is the Older Workers Benefit Protection Act (OWBPA)?

The OWBPA provides several key protections for employees potentially facing discrimination based on age. The OWBPA prevents an employer from:

  • Discriminating in benefits based on an employees age
  • Firing only older employees when making reductions in staff
  • Forcing older workers to waive legal rights without proper safeguards in place

    Employee benefits include things like:

  • Health insurance
  • Life insurance
  • Retirement accounts
  • Pensions
  • Disability benefits

Under the OWBPA, employers, under most circumstances, are obligated to give equal benefits to both older and younger employees.
Read more . . .

Tuesday, April 30, 2019

Supreme Court To Consider Title VII LGBT Claims

 The U.S. Supreme Court will hear three cases in its fall term to determine whether federal law prohibiting
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Friday, April 26, 2019

Copyright Infringement

A copyright owner has exclusive legal rights granted by the federal Copyright Act. More specifically, section 106 of the Copyright Act, under Title 17 of the United States Code, protects a copyright owner from someone else infringing, without permission or legal authority, on the rights granted by this law.
Read more . . .

Friday, March 29, 2019

Carlton Dance Cannot Receive Copyright, According to US Copyright Office

Why is the Carlton Dance ineligible for copyright protection?

Fans of the 1990’s TV show “The Fresh Prince of Bel-Air” will surely remember the iconic “Carlton Dance.”  Throughout the series, character Carlton, played by actor Alfonso Ribeiro, would break out into a dance involving swaying his arms and hips enthusiastically.  Recently, the popular videogame Fortnite started offering the Carlton Dance as an option for its avatars to perform.  Mr. Ribeiro filed suit against Epic Games, the maker of Fortnite, claiming that his dance should be protected and use of it by Epic Games Read more . . .

Monday, March 25, 2019

Am I Entitled to Overtime Pay?

 Employers should fully understand their responsibilities to their employees. On the other hand, employees should make a concerted effort to know their legal rights and what they are entitled to. As an employee, you may have important questions such as whether or not you are entitled to overtime pay. If you have a legal right to overtime pay, you have earned overtime pay, and your employer has not adequately compensated you for this time, this is tantamount to theft. Withholding money to which you are legally entitled is considered wage theft.
Read more . . .

Friday, February 22, 2019

Is discrimination based on an employee’s gender identity unlawful in New York?

The year 2019 is thus far promising to be one of legislative reform and progression in the state of New York.  With the Democrats now in control of three chambers of the state government, several major laws have already achieved passage, while other laws are anticipated to be adopted shortly.  Several of the new laws impact the field of employment law, making it critical that

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Sunday, February 17, 2019

Why should employers consider updating their employee handbooks in 2019?

The year 2018 was an important one for the field of employment law, especially in New York.  During 2018, a host of legislation was passed to address the now recognized systemic problem of sexual harassment in the workplace.

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Monday, January 28, 2019

Employers: You Need an Employment Law Attorney

Why is it critical for employers to have a company handbook?

Whether you are just starting your new business or have been running your business for years, it is critically important that you secure the assistance of an employment law attorney.  As a business owner, nearly every aspect of your job involves laws and potential legal issues. Managing your employees will form one of the greatest challenges in your field, and employment issues can raise a host of legal issues.  Our

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Friday, January 25, 2019

A Review of the Top Employment Class Action Issues of 2018

What were some of the most important employment class action cases of 2018?

The year 2018 brought about some important developments in the field of employment law, particularly when it came to class action lawsuits.  Employment laws were amended in 2018, while one category of employment class action lawsuits surged.  Critical U.S. Supreme Court cases refined and revised laws pertaining to employment class action cases.

Read more . . .

Thursday, December 27, 2018

TV Star Receives Massive Settlement from CBS for Sexual Harassment

What constitutes a hostile work environment?

Television actress Eliza Dushku, best known for her performance in “Buffy the Vampire Slayer,” recently received a $9.5-million-dollar settlement from CBS after filing claims of sexual harassment and wrongful termination.  Dushku had signed on to play a role in the new CBS series “Bull.” She starred in three episodes and the show planned to make her a full time cast member. Shortly after, Dushku claims that her co-star, Michael Weatherly, began to make her feel uncomfortable.
Read more . . .

Friday, December 21, 2018

NYC Employers Have New Requirements for Lactation Rooms

Do all New York City employers need to offer a lactation room to employees?

With ever-shifting laws, it is critical that New York City employers stay abreast of new legal developments.  Recently, New York City adopted two new laws pertaining to lactation rooms for employees. These laws will go into effect on March 18, 2019, and employers should start preparing now to implement the new laws.  Our Read more . . .

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