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Recent Articles from Lindy Korn
Workplace Issues: Under FLSA’s Executive Exemption, does a maintenance supervisor get OT?
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 […]
Workplace Issues: NYC Human Rights Law provides more liberal standard for punitive damages than Title VII
If you live in the five boroughs of New York City, it is arguable that you have more civil rights than anywhere else in the state! That is largely due […]
Workplace Issues: Interns not entitled to salary under FLSA
The Court of Appeals has clarified rules governing when interns are entitled to salary under the Fair Labor Standards Act. The case is Wang v. Hearst Corporation, decided on Dec. […]
Workplace Issues: Last chance agreement put employer on notice of sexual harassment
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, […]
Workplace Issues: Freedom of speech, religion and association v. equality over a cake!
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. […]
Workplace Issues: Retaliation: what constitutes an adverse action?
Adverse actions are easy if you are fired or denied a promotion. But what about lesser job actions that can be aggrieved by employees? The case is Moy v. Perez, […]
Workplace Issues: Sex assault case raises difficult issues regarding military
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. […]
Workplace Issues: Is a rescinded notice of termination an adverse employment action?
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 […]
Workplace Issues: Build a list of ways to find joy
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 […]
Workplace Issues: Religious harassment case revived by 2nd Circuit
This case involves allegations by the plaintiff that she was subjected to a hostile work environment because of her religion and national origin. The trial court granted summary judgment, but […]
Workplace Issues: Case sheds light on reasonable accommodation requirements
A plaintiff won a six-figure discrimination verdict in the NDNY after his employer fired him because he had a needle phobia that made it impossible for him to give customers […]
Workplace Issues: Pro se litigant wins appeal in Second Circuit using similarly situated comparators
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 […]
Case Digests
- Second Circuit – Nonconsensual ingestion: Asinga v. Gatorade Co.
- Fourth Department – Drive-by shooting: People v. Bordies
- Fourth Department – Trusts wills and estates: Matter of the Estate of William J. Deline Jr.
- Fourth Department – Separation of powers doctrine: Allard v. County of Steuben
- Second Circuit – Foreign Sovereign Immunities Act: Creditincome Limited v. The Swiss Confederation
- Fourth Department – Circumstantial evidence charge: People v. Coleman
- Second Circuit – Sentencing conditions: United States v. McCrone
- Fourth Department – Mental illness: People v. Williams
- Fourth Department – Sex Offender Registration Act: People v. Wallace
- Second Circuit – Failure to accommodate religion: Bergin v. N.Y. Unified Court System
- Second Circuit – Sentencing: United States v. DeJesus
Law News
- Fourth Department suspends attorney for two years
- Appeals court rejects claims of speedy trial violation
- NY appeals court vacates gun convictions
- Rochester panel highlights early planning for successful business transitions
- New York sues Kalshi, says its prediction markets are illegal gambling
- Police investigate alleged misappropriation of Walworth Fire Department funds
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case