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NYC Litigation Blog

Monday, March 20, 2017

Major Jewelry Conglomerate Faces Sexual Harassment Lawsuit


What should I do if I am being sexually harassed at work?

Hundreds of former employees have filed claims of sexual harassment and gender discrimination against Sterling Jewelers, the owner of Jared the Galleria of Jewelry and Kay Jewelers.  Female employees claim the work environment in these mega jewelry stores encouraged sexual misconduct, such as groping and sexual favors in exchange for promotions.  The class action lawsuit was first filed in 2008, but the case remains unresolved.
Read more . . .


Thursday, March 16, 2017

Drafting an Enforceable Non-Compete Agreement in New York


What requirements must a non-compete agreement meet to be enforceable in NYC?

Non-compete agreements can help employers to protect their trade secrets and keep employees from leaving to work for competitors. By signing a non-compete agreement, employees agree not to work for direct competitors or open a competing business for a specified period of time.  While non-compete agreements can prove essential for many New York City employers, they must be carefully drafted to avoid being struck down.  New York courts have been loath to enforce far-reaching non-compete agreements as they can have a detrimental effect on enterprise.  

Creating an Enforceable Non-Compete Agreement

New York City employers seeking to adopt a non-compete agreement should consult with an experienced Read more . . .


Monday, February 20, 2017

Virtual Reality & Copyright Protection


Do existing copyright laws protect virtual reality applications and works?

Virtual reality (VR) involves computer generated simulation of three-dimensional images or environments that users can interact with using special electronics, such as headsets or special gloves.  VR can be described as “near-reality,” and with recent innovations in the field of virtual reality, users are increasingly being immersed in fantastically realistic realms.  The year 2016 was considered a turning point moment for virtual reality due to the release of several new systems, including Oculus Rift.  While thus far virtual reality for video games has been the focus of most creators, several tech companies have indicated that VR will soon be applied far beyond.  In coming years, it may change the way we surf the web and use our computers.


Read more . . .


Tuesday, February 14, 2017

For Your Own Sake Don’t Do THIS to Your Employees


Dumb, dumb, dumb case from Idaho, reversed by the Ninth Circuit Court of Appeals.  You can find the case here: http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/03/14-35396.
Read more . . .


Monday, February 13, 2017

JFK Contractor Charged with Violation of NYC’s Human Rights Law


What is NYC’s Human Rights Law and how does it protect me?

A wheelchair assistance service company at John F. Kennedy International Airport (JFK) is facing serious charges for allegedly discriminating against Muslim employees.  The NYC Commission on Human Rights filed religious discrimination claims against Pax Assist, Inc.


Read more . . .


Tuesday, December 27, 2016

Using Social Media in Employment Litigation


Can  social media info be used in employment litigation?

Now that we are deep in the midst of the Age of Social Media, there is a tremendous amount of evidence available to lawyers dealing with employment litigation. The courts have ruled that, although in most states defendants cannot be forced to reveal their passwords to private accounts, when they have made social media access "public," any words or images that are accessible to the public are fair game as far as legal evidence is concerned. This means that all social media entries -- Facebook, Twitter tweets, Instagram posts, LinkedIn and MySpace information may be tapped for damaging information, as long as such information is publicly available and connected to the identity of the person who posted it.
Read more . . .


Wednesday, December 14, 2016

New Overtime Rule On Hold - Employers in Limbo


What is the status of the overtime rule for white collar employees?

In May, the Labor Department announced significant changes to the white collar exemptions to the overtime rule under the Fair Labor Standards Act (FLSA) for executive, professional, administrative and highly compensated employees. Now that a federal judge has blocked the rule, however, employers have been left in limbo.

The rule was contested by a number of states and business groups, including the U.S. Chamber of Commerce.


Read more . . .


Monday, November 14, 2016

The Importance of Buy Sell Agreements for Entrepreneurs


How can a buy sell agreement protect my small business?

Entrepreneurs must navigate a number of challenges in order to achieve success in the marketplace. Along the way, it's important not to lose sight of the importance of buy sell agreement in protecting the business. The goal is to specify how the ownership interests will be redistributed in the event of a sudden or planned departure by one of the owners.


Read more . . .


Tuesday, October 18, 2016

EEOC Issues New Retaliation Guidelines


Can I be fired for complaining about discrimination or harassment on the job?

Back in March we reported that the Equal Employment Opportunity Commission proposed new guidance on employment retaliation. The EEOC published its final rule in September, owing to the fact that retaliation has become the most common type of claim filed with the agency. In fact, 45 percent of all charges filed last year were related to retaliation.


Read more . . .


Tuesday, October 18, 2016

Employers Can Ban Dreadlocks in the Workplace


Does Title VII protect hairstyles culturally associated with race?

In September, a federal appeals court ruled that an employer has a right to enforce a dress and grooming policy that prohibits employees from wearing their hair in dreadlocks. The case was initially brought in 2013 by the Equal Employment Opportunity Commission against an insurance claims processing company in Mobile, Alabama that rescinded a job offer to a black woman who refused to cut her dreadlocks.

The Company Dress Code

The woman applied as a customer service representative with the company in 2010. After being hired, she was told by the human resources manager that the dreadlocks needed to be cut since the company's dress and grooming policy requires employees to project a "professional and businesslike image." The HR manager reportedly told the woman that dreadlocks "tend to get messy.


Read more . . .


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