NYC Litigation Blog

Tuesday, February 6, 2018

Medical Marijuana and Employer Rights in NY

Can I fire an employee for using medical marijuana?

New York passed the Compassionate Care Act in 2014, making it legal for patients who are seriously ill to use marijuana pursuant to a doctor’s orders.  Under the law, only those with certain approved conditions, like cancer or Parkinson’s disease, can legally use medical marijuana.  Passage of the Compassionate Care Act made New York the 23 state in the U.S. to allow patients to use medical marijuana.
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Sunday, January 28, 2018

Facebook Job Ads and Age Discrimination

Is it unlawful for Facebook to target certain age groups with job ads?

Facebook is known as a relatively youthful company.  Facebook and many other companies routinely place job ads on social media that target younger employees.  As the internet era makes it easier for companies to attract employees of a certain age, it raises some interesting issues as to whether targeted ads constitute employment discrimination.

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Saturday, January 20, 2018

As Baby Boomers Retire, Opportunity Abounds to Purchase Existing Businesses

What factors should I consider when taking over a business?

The substantial Baby Boomer generation is reaching retirement age in droves, making now a potentially perfect time to purchase an existing business.  For entrepreneurs debating between starting their own business or buying an existing one, you may wish to take a hard look at the potential benefits of buying a company from a retiring business owner.
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Tuesday, December 19, 2017

Getting Fired for a Medical Condition

Is it illegal for my employer to fire me because I have a medical condition?

A New York woman has filed suit against the Staten Island University Hospital after she was allegedly fired for her apnea medical condition.  The plaintiff worked as an EMT dispatcher at the hospital and fell asleep twice at work.  She was diagnosed with severe sleep apnea syndrome.  The terminated employee now urges she was wrongfully terminated and is seeking $10 million in back and front pay as well as her job back.  As this lawsuit continues to wind its way through the legal system, it raises an important issue for many employees: can you be fired for a medical condition?

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Monday, December 11, 2017

New Jersey Lawmaker Vows to Crackdown on Non-Compete Clauses

How can I ensure my company’s non-compete agreement is enforceable?

In recent years, non-competition agreements have been met with some controversy.  In the eyes of many, these agreements infringe on the free market.  However, for employers, non-competition agreements are a vital component to protecting confidential information.  In many states, laws and court rulings have limited the enforceability of

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Sunday, November 19, 2017

Owners of Hit “Happy Together” Lose Copyright Case in Florida

Are recordings made before 1972 subject to copyright protection?

The owners of The Turtles’ hit song “Happy Together” sued Sirius XM Radio seeking enforcement of its rights in federal court in Florida.  Recently, Florida’s highest court ruled that the owners of the popular song could not force radio stations to pay for its use of the pre-1972 song.  The court held that Florida law does not recognize the exclusive right of public performance in pre-1972 recordings, which were made prior to the implementation of new federal copyright laws. This ruling echoes an earlier New York court ruling.

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Saturday, November 11, 2017

Accommodations for Pregnant Employees

What accommodations does my employer need to make for my pregnancy?

Pregnancy is a wonderful period of time in your life, but it is not without its challenges.  Pregnancy can impact your ability to perform work duties.  The good news for pregnant employees is that you are entitled to some protections under federal and state law.  Even with these protections in place, however, many pregnant employees find themselves being treated differently due to their medical condition.  Our

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Tuesday, October 17, 2017

House Bill Proposes Creation of Copyright Small Claims Court

How might a copyright small claims court benefit independent artists?

A House bill was recently introduced which would allow for the creation of a small claims court for copyright enforcement.  The bill, officially named the CASE Act, or Copyright Alternative in Small-Claims Enforcement Act of 2017, could allow for more photographers and independent artists to enforce their copyrights in a low cost, efficient manner. Our NYC copyright infringement lawyers at Thomas Lancia PLLC discuss the potential new copyright claims court below.

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Tuesday, October 10, 2017

Religious Accommodations and Employee Dress Codes

Is my employer required to make exceptions to the dress code due to my religion?

A Mississippi restaurant chain is facing a lawsuit from a server who alleges the chain failed to accommodate her religious requests.  Georgia Blue LLC hired Kaetoya Watkins, a devout Apostolic Pentecostal Christian, to work as a waitress in 2015.  After receiving the job, Watkins learned that the restaurant required servers to wear blue jeans.  Watkins is only permitted to wear skirts or dresses per her religion.  When informed of this fact, the restaurant refused to accommodate her religious needs and rescinded its job offer.

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Tuesday, September 26, 2017

Court Issues Novel Copyright Decision Based on Dr. Phil Videos

What is fair use?

A unique copyright infringement lawsuit involving television personality Dr. Phil recently lead to a novel copyright decision. The case started in 2015, when Leah Rothman, a director on Dr. Phil’s show, filed a lawsuit against Dr. Phil, accusing him of inflicting emotional distress and falsely imprisoning her.

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Friday, September 22, 2017

What Every NYC Employee Handbook Should Include

Why is it important to have an employee handbook?

Employee handbooks are not required under New York law, but having a comprehensive employee handbook is essential to the smooth operation of your business.  Employee handbooks define the parameters of your employer-employee relationship.  Laying out the basic rules and guidelines for employment will help to minimize the potential for future employment conflicts.

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