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Author Archives: Lindy Korn

Workplace Issues: Under FLSA’s Executive Exemption, does a maintenance supervisor get OT?

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Plaintiff-appellant, Anthony Paganas appeals from a judgment entered on Dec. 6, 2016, dismissing his claim for overtime pay under FLSA and the New York Labor Law. The District Court granted summary judgment in favor of Total Management Solution, LLC (TMS). ...

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Workplace Issues: Last chance agreement put employer on notice of sexual harassment

wi_korn

The Second Circuit has now clarified what  reasonable care was due to an employee who complained to her co-workers about sexual harassment and in turn the co-workers told a supervisor, who asked the employee about the situation. The issue was ...

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Workplace Issues: Freedom of speech, religion and association v. equality over a cake!

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When David Mullins and Charlie Craig walked into Masterpiece Cakeshop, a bakery in Denver, Colorado, they had no inkling that the encounter would take them to the U.S. Supreme Court. All they wanted was a wedding cake, but the bakery’s ...

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Workplace Issues: Sex assault case raises difficult issues regarding military

wi_korn

This case demonstrates that the courts do not favor imposing any liability against military institutions — even involving sexual harassment and rape at the U.S. Military Academy at West Point. The case is Doe v. Hagenbeck, decided on August 30th, ...

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Workplace Issues: Is a rescinded notice of termination an adverse employment action?

wi_korn

The Second Circuit Court of Appeals holds for the first time that a plaintiff suffers an adverse employment action where the employer fires her (allegedly because of her pregnancy) but then rescinds the termination two weeks later. The court also ...

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Workplace Issues: Build a list of ways to find joy

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There are several articles recounting the addictions and depression of lawyers who often become weary of the stressful nature of bearing the responsibility of lawyering. In our own circles we can share stories of how difficult caseloads become, how much ...

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Workplace Issues: Pro se litigant wins appeal in Second Circuit using similarly situated comparators

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The case is Carris v. First Student Inc., a summary order decided on March 8. Plaintiff was a school bus driver. She visited a student’s home after the student hit and spit on the other students on the bus, causing ...

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