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  • Monthly Archives: September 2011

    Fast-tracking Hydrofracking

    The New York State Department of Environmental Conservation’s (DEC) public comment period on its revised draft Supplemental Generic Environmental Impact Statement (SGEIS) released on September 7, 2011 on high-volume hydraulic fracturing will run until December 12, 2011.  A copy of the revised draft SGEIS can be found here.  In addition, DEC Commissioner Joe Martens announced that […]

    Intro to Marcellus Shale

    On September 7, 2011 the New York State Department of Environmental Conservation (DEC) released its latest draft of the Supplemental Generic Environmental Impact Statement (SGEIS) regarding New York’s rich natural gas field known as Marcellus Shale.  A copy of the revised draft SGEIS can be found here.  The purpose of the revised draft SGEIS is […]

    Will the Pregnancy Discrimination Act Protect Me Even After I Have My Child?

    Canales v. Schick Manufacturing, Inc, No. 3:09cv253, (D. Conn., 9/15/2011) On September 15, 2011, Federal District Judge Mark R. Kravitz ruled that the Pregnancy Discrimination Act (“PDA”) protects “women affected by pregnancy, childbirth, or related medical conditions . . . not just to women who are pregnant.” Generally, claims under the PDA that cannot be […]

    Fifth Circuit Recognizes Age Based Discrimination Claim for Hostile Work Environment

    Dediol v. Best Chevrolet, Inc., 10-30767 (5th Cir. Sept. 12, 2011) The Fifth Circuit, for the first time, extended Title VII to address a hostile work environment claim based on age. The Court of Appeals reversed the lower court’s grant of summary judgment in a case where a 65-year old born-again Christian accused his employer […]

    I Have a Duty to Preserve Social Media Content, but Now What?

    We recently discussed how preserving content from Facebook — or any other social media website — may become an issue during litigation.  As promised, here is some information that may help your company prepare itself for litigation. Although not explicitly stated in the 2006 amendments to the Federal Rules of Civil Procedure, the language was […]

    New York Court Applies Wage Theft Protection Act and New Rules Regarding Retaliation for Verbal Complaints Retroactively

    Ji v. Belle World Beauty, Inc., Supreme Ct., NY County (8/24/2011)  On August 24, 2011 the New York State Supreme Court for New York County issued a decision which, if upheld, significantly increases employer penalties for failing to properly pay employees minimum wages and overtime. Plaintiffs Ji and Zhu worked as nail technicians for defendants. […]

    NLRB’s Employee Rights Notice Posting

    Last Tuesday, we wrote about the Final Rule issued by the NLRB, which requires employers to notify employees of their rights under the National Labor Relations Act as of November 14, 2011. Well today, the NLRB  released the notice required under the new rule. Below, I have listed some links related to the new rule: […]

    Working for free? Six Circuit Says Courts Must Weigh All Factors, Not Just Remuneration

    Bryson v. Middlefield Volunteer Fire Dep’t, Inc, 2011 WL 3873789 (September 2, 2011) In today’s competitive job market people often find themselves working for free. Typically, they are interns, students, volunteers, etc. who either hope to build their resume, get experience, or just enjoy spending time doing that particular activity.  A problem, however, arises when […]

    Court Determines Requested ESI Was Not Tailored to Party’s Own Articulated Need for Discovery

    United States v. Elsass, No. 2:10-CV-336 (S.D. Ohio, 2011) This case surrounds a claim brought by theUnited Statesagainst two companies and an individual who were involved in a tax scheme.  The defendant’s misconduct involved the promotion of the theft-loss deduction to victims of investment-related schemes, which the plaintiffs argued caused a significant amount of tax […]

    Working for free? Sixth Circuit Says Courts Must Weigh All Factors to Determine “Employee” Status, Not Just Remuneration

    Bryson v. Middlefield Volunteer Fire Dep’t, Inc, 2011 WL 3873789 (September 2, 2011) In today’s competitive job market people often find themselves working for free. Typically, they are interns, students, volunteers, etc. who either hope to build their resume, get experience, or just enjoy spending time doing that particular activity.  A problem, however, arises when […]