On March 25, 2020, a National Labor Relations Board Administrative Law Judge (“ALJ”) emphasized the broad reach of Section 7 of the National Labor Relations Act (“Act”) in non-union settings. Ground Zero Foundation d/b/a Academy for Creative Enrichment, Case 4-CA-245956. Charging Party was hired as a summer camp counselor, but was not paid for
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Second Circuit Issues Another Arbitration-Friendly Decision
By Diane Krebs on
Posted in Case Law update
On September 19, 2019, the Second Circuit issued a key pro-arbitration decision, which also decided issues of first impression about the Dodd-Frank Act (“DFA”) and the Sarbanes-Oxley Act (“SOX”). Daly v. Citigroup Inc. et al.
Plaintiff brought claims for gender discrimination and whistleblowing under multiple federal, state and local statutes, including Title VII, the…
Second Circuit: ADA Allows Hostile Work Environment Claims
By Diane Krebs on
Posted in ADA, Case Law update
The Second Circuit recently held that the Americans with Disabilities Act (“ADA”) encompasses claims for hostile work environment harassment (“HWE”). Fox v. Costco Wholesale Corporation. While this plaintiff-friendly ruling may be disappointing to employers, the decision also contains some helpful analysis for defense of those claims.
In Fox, Plaintiff brought ADA claims alleging…
Federal District Court: Location of Employment Governs Applicable Law
By Diane Krebs on
Posted in Uncategorized
Where an employee works outside the jurisdiction where the decision-maker is located, which location’s law applies? A recent decision by a New York federal court in Amaya v. Ballyshear LLC confirms that a key factor is the location of the impact of the alleged discriminatory conduct. In Amaya, plaintiff worked outside the City of…