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    New York State Paid Family Leave and Minimum Wage Updates for 2018

    New York Paid Family Leave As of January 1, 2018, New York private employers must offer Paid Family Leave to their employees. The Paid Family Leave Act allows workers to take paid leave in order to: care for a new child, provide care for a family member with a serious health condition, or when a family […]

    Restaurant Chain Settles Transgender Employee’s Claim of Sexual Harassment and Retaliation

    Last month, Bojangles’ Restaurants Inc., settled a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) on behalf of a transgender employee. Jonathan (De’Ashia) Wolfe, a transgender woman, worked at Bojangles’ restaurant in Fayetteville, North Carolina. Bojangles’ is a fast food restaurant chain with many locations throughout the United States. […]

    The Supreme Court Hears Arguments on Collective Proceeding Waivers in Employment Arbitration Agreements

    In its first argument of the new term, the U.S. Supreme Court considered whether collective proceeding waivers in employment arbitration agreements may be enforced. The Federal Arbitration Act (“FAA”) allows employers to include arbitration agreements that require workers to bring legal claims to arbitration, rather than to court. Collective proceeding waivers are becoming a common […]

    Second Circuit Rules in Favor of Fraternity Brothers in “Jackie” Rape Dispute

    In late September, the United States Court of Appeals for the Second Circuit found that the U.S. District Court for the Southern District of New York erred in dismissing a lawsuit brought by former members of the fraternity at the center of the Rolling Stone article, “A Rape on Campus.” In November 2014, Rolling Stone […]

    Jury Awards $41.5 Million Verdict for Study Abroad Student in Failure to Warn Case

    The Connecticut Supreme Court recently upheld a $41.5 million verdict in favor of a high school student who became ill during her school’s study abroad program. The Court’s decision is intended to promote stricter safety standards for study abroad programs. Although this case involved a high school, many higher education groups fear that the outcome […]

    Trump Administration to Investigate Affirmative Action in University Admission

    On August 1, the New York Times reported that the Trump administration will be redirecting Justice Department resources to investigate universities’ affirmative action admission policies. The report was made after the New York Times received a document stating the Department of Justice would be investigating “intentional race-based discrimination in college and university admissions.” The Times’ […]

    The Second Circuit Reviews New York Methodist Hospital Worker’s FMLA Suit

    On June 30 2017, the U.S. Court of Appeals for the Second Circuit found that the District Court erred when it held that an employee had not proven a “serious health condition” to qualify for medical leave. The Second Circuit reasoned that the District Court used an interpretation of the regulation that was too narrow. […]

    A Single Racist Comment May Establish a Title VII Violation

    In April 2017, the United States Court of Appeals for the Second Circuit, held that a single racist comment can, when severe enough, establish a discriminatory hostile work environment. Otis Daniel, a 35-year-old African American male, began working for T&M Protection Resources, Inc. in 2010. Daniel worked as a fire safety director for T&M for […]

    New York Post Sports Writer Sues Following Post-Tweet Termination

    The New York Post (“the Post”), a daily newspaper known for its tabloid style journalism, recently terminated sports columnist Bart Hubbuch (“Hubbuch”), after he posted a tweet critical of President Donald Trump. Hubbuch has since filed a lawsuit against the Post in New York State Supreme Court, claiming that the Post, in terminating the writer, […]

    UPS Facing Fair Credit Reporting Act (FCRA) Class Action Lawsuit

    United Parcel Service, Inc. (“UPS”), the world’s largest package delivery company, was recently hit with a proposed class action lawsuit in a federal court in Florida. The lawsuit alleges that the company violated the Fair Credit Reporting Act (“FCRA”) by “using background checks to make employment decisions without providing workers or applicants with the results.” […]