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May 27, 2003 |

2nd Circuit Decision Interprets 'Supervisor' Broadly

In a little-noticed opinion, the 2nd U.S. Circuit Court of Appeals rejected a bright-line test defining supervisors in the context of a hostile environment claim in favor of a broader, more fact-specific inquiry. By doing so, lawyers say, the court not only increased the odds that an employer could be found liable for harassment, but also threw into confusion the factors that play into that calculus.
5 minute read
October 18, 2007 |

Financial Services Hit by Overtime Suits

The financial services industry is facing an onslaught of overtime lawsuits, triggering hefty settlements from Wall Street powerhouses and raising litigation fears within the industry. Management-side attorneys note that the litigation trend has accelerated in the past year, with at least one major company getting hit with an overtime lawsuit every month. But there are indications of another trend developing as well -- companies fighting back.
4 minute read
July 18, 2008 |

Accolades

For success in a federal class action suit on behalf of disabled New York City children, Douglas W. Henkin received the Jill Chaifetz Award for Excellence in Educational Advocacy from Advocates for Children during the organization's annual benefit last month. Also last month, practitioners, law professors and judges deemed "pioneers" of women's rights by the Veteran Feminists of America in the "seminal years of second-wave feminism" were honored, and Professor George W. Johnson III of Brooklyn Law School was honored with a proclamation from the U.S. District Courthouse in Brooklyn citing his 25 years of "outstanding and exemplary service" as head of the Eastern District Civil Litigation Fund.
7 minute read
December 01, 2008 |

Kaye's Approach To Change Cautious And Pragmatic

As Judge Judith S. Kaye begins her last month on the Court, former colleagues, clerks, academics and other observers repeatedly cited the same qualities when assessing the jurisprudence of Judge Kaye in a quarter-century on the Court: even-handed, thorough, well-prepared, consensus-minded and, above all, collegial. "What an extraordinary, unimaginable, unbelievable, incomparable privilege it has been to serve the people, the public, as a judge of this fantastic, great, phenomenal Court of Appeals," she said on Nov. 20, after hearing oral arguments in her last case on the Court.
20 minute read
March 16, 2007 |

Age Bias Suits on the Rise With Older Employees Working Longer

Baby boomers have triggered a new wave of age bias lawsuits, creating a host of legal challenges for employers that may not even be aware that discrimination is going on in the workplace. Employment attorneys say the surge in age bias lawsuits is mainly due to the fact that a large part of the work force is getting older, staying healthier and choosing to work longer. Recent court decisions have given plaintiffs more legal ammunition, and employers -- including some law firms -- are landing in court.
7 minute read
September 18, 2009 |

Amici Request En Banc Review of Standards on Fee-Splitting

Recent 2nd Circuit decisions establish a "virtually insurmountable" standard for determining fees for out-of-district counsel that will "rob some civil rights plaintiffs of the only representation they can find," insists a broad coalition of 30 public interest organizations and private law firms. An amicus brief filed Thursday on behalf of the group by the Brennan Center for Justice and Paul Weiss asks the circuit for en banc consideration of the standard.
4 minute read
May 24, 2013 |

Hiring Summer Interns? Make Sure You Do it Right

School's out for summer, and there's a rush of young students and recent graduates looking for internships. But businesses that don't compensate interns for the work they perform can end up paying a big price down the road.
4 minute read
July 13, 2007 |

Court Certifies Class in Grocery Employees' Action Seeking Overtime

A lawsuit by employees of A&P, the Food Emporium and Waldbaum's alleging that the supermarket chains failed to pay them overtime wages can proceed as a class action, a New York state judge has held. Current and former New York workers allege they were forced to work "off-the-clock" without compensation by the three chains, which are all owned by the same parent company. Justice Herman Cahn disagreed with a defense claim that the case was merely rehashing claims previously brought in a federal case.
4 minute read
May 24, 2013 |

Hiring Summer Interns? Make Sure You Do it Right

School's out for summer, and there's a rush of young students and recent graduates looking for internships. But businesses that don't compensate interns for the work they perform can end up paying a big price down the road.
4 minute read

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