The Perils of Poorly Drafted Severance Agreements
On May 3rd, the New York State Supreme Court Appellate Division, First Department handed down a decision in the case of Johnson v. Lebanese American University (LAU) (You can read or download the decision from the court’s website here: www.courts.state.ny.us/courts/ad1/).read more
Recent Court Ruling about Victims of Gender-Motivated Violence Protection Law. Recently, a New York Supreme Court, Appellate Division ruled on a Gender Motivated Violence Protection Act law case, which has potentially changed the legal landscape for employers. The case was Breest v Haggis. Details of the Victims of Gender-Motivated Protection Law (VGMVPA) Caseread more
As we all know, there is only one issue in the news right now: the novel coronavirus (COVID-19), its varied impacts upon global societies, and the increasingly extraordinary measures being taken by nations, states and local governments to minimize the adverse health consequences to vulnerable populations
Read more: Queens Ledger – COVID 19 Response Employment Impacts for New York Workers and Businessesread more
Legal Responsibility for Supervisors
Vicarious liability for unlawful harassment is a legal precedent that emerged as a result of various cases.
The Equal Employment Opportunity Commission (EEOC) issued guidelines that explain what this means. It cites the Supreme Court’s ruling in Burlington Industries, Inc. v. Ellerth, 118 S. Ct. 2257 (1998), and Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998). The Supreme Court based its decision on two main factors:
An employer is responsible for the acts of its supervisors.
Employers should be encouraged to prevent harassment and employees should be encouraged to avoid or limit the harm from harassment.
Effect of the #MeToo Movement on New York Employment Law. Harvey Weinstein Convicted in NY Criminal Trial for Rape and Sexual Abuse. We are reminded of the effect of the #MeToo movement on New York employment law as the jury rendered guilty verdicts for Harvey Weinstein on February 24, 2020.read more