NY Daily Record Since 1908

Working from home has some benefits especially that of pet care and pet additions to one’s family. During COVID-19, anxiety has run high and legal work being done remotely has prevented colleagues from discussing cases and sharing ideas about theories. ...

Mediation is a protected process which occurs in both state and federal courts, and elsewhere. The timing of a mediation may be early on, after a few depositions have been taken, or before trial. Whenever it happens, I believe the ...

An alleged incident happened during a mediation between opposing counsel and it resulted in a Motion for Sanctions which was heard and decided  by the Chief Judge of the Southern District of Texas, on May 4th, 2020 (4:19-cv-0087).The Texas Alternative ...

The 2nd Circuit in a decision on March 6th, 2020, has ruled that discriminatory remarks not specifically directed at an employee can help form the basis for a hostile work environment claim (Rasmy v. Marriott International, Inc. No. 18-cv-3260). Rasmy, ...

The 2nd Circuit Court of Appeals holds that absent a formal reasonable accommodation request, an employer is not always expected to assume that a disabled employee needs workplace accommodation under the Rehabilitation Act. This is the first time the Court ...

This plaintiff is a doctor who alleged that her employer violated Title VII because it was honoring patient requests to be treated by a white doctor. The Court of Appeals says she has no case even though she has alleged ...

Second Circuit decided Lenzi v. Systemax, Inc. on Dec. 6, 2019 (18-979). Plaintiff was Director of Risk Management who repeatedly complained she was not compensated like other male department heads. In April 2013, plaintiff made a business trip to California, ...

Tagged with: Workplace Issues

A summary Order issued on November 19th, 2019, reverses the Rule 12(b)(6) dismissal in the case of Khanna v. MUFG Union Bank (19-893), a case based on claims of race and gender discrimination. In the world of Rule 12 dismissals, ...

Tagged with: Workplace Issues

This case reviewed whether someone is an employee under the Fair Labor Standards Act, which requires that an employer pay their employees minimum wage and overtime when appropriate. In this case the Court of Appeals finds that the jury could ...

Tagged with: Workplace Issues

President Donald J. Trump appeals from a judgment of the United States District Court for the Southern District of New York, concluding that he engaged in unconstitutional viewpoint discrimination by using Twitters “blocking” function to limit certain user’s access to ...

Tagged with: Lindy Korn Workplace Issues

Two ex-John Jay College of Criminal Justice students have filed a New York Federal suit accusing four faculty members of egregious sexual misconduct and the school of conducting only a “sham” investigation into their complaints. (1:19-cv-05428, SDNY). The students said ...

Tagged with: Lindy Korn Workplace Issues

The Second Circuit has held that the district court’s dismissal of Plaintiff’s retaliation claim on summary judgment should be reversed since the district court employed an incorrect definition of materially adverse action. The circuit court refers to the SCOTUS decision ...

Tagged with: Lindy Korn Workplace Issues