James A Brown

March 11, 2022 | New York Law Journal

Preparation, or lack thereof, can make or break a mediation. This article outlines some specific information that should be determined in order to be fully prepared before starting a wage and hour mediation.

By James A. Brown

6 minute read

December 14, 2018 | New York Law Journal

A wage and hour mediation, which produces compromise and limits costly attorney fees, is a potential lifeline for a small employer provided there is clear-eyed engagement in the process.

By James A. Brown

7 minute read

September 15, 2017 | New York Law Journal

James A. Brown writes: By issuing discovery protocols for its automatic referrals, the SDNY wisely recognized the value of pre-mediation disclosure, especially when no formal discovery precedes the mediation. Having established its discovery protocols, the SDNY took the necessary steps to create meaningful early intervention mediations.

By James A. Brown

12 minute read

December 14, 2005 | New York Law Journal

James A. Brown, a partner at Brown & Gropper LLP, writes that most employment lawyers are unwilling to delve into the arcane civil service rules governing public employment, except in the familiar field of discrimination cases. Those filing claims on behalf of state or municipal employees are well-advised to know the "one-in-three" rule and a related court decision, Beame v. DeLeon.

By James A. Brown

8 minute read

October 19, 2007 | Law.com

For many years, New York state public employers, including the city of New York, have regularly violated the New York State Civil Service Law. With impunity, public employers have flaunted the prohibition barring them from retaining provisional employees for more than nine months. Attorney James A. Brown analyzes a recent decision that highlights the fact that provisional employees have sharply limited rights and few legal remedies available to them.

By James A. Brown

8 minute read

October 25, 2006 | Law.com

The Supreme Court's recent decision in Garcetti v. Ceballos stated various rationales for sharply curbing the First Amendment free speech rights of public sector employees. The Court's reasons included the familiar argument that public employees should rely on legislation for their individual rights. In the wake of this decision, New York's anemic, rarely invoked public sector whistleblower law needs to be strengthened, says attorney James A. Brown.

By James A. Brown

8 minute read

April 22, 2004 | New York Law Journal

James A. Brownm, a partner at Brown & Gropper, writes that when the captain of the Staten Island Ferry that crashed last fall was terminated by his employer for allegedly failing to cooperate with post-accident investigators, he had a choice to make: As a permanent civil servant and a union member, the captain could have challenged his termination in a disciplinary proceeding or at arbitration.

By James A. Brown

8 minute read

October 18, 2007 | New York Law Journal

James A. Brown, a partner at Brown & Gropper, writes that for many years, New York state public employers, including the city of New York, have regularly violated the New York State Civil Service Law. With impunity, public employers have flaunted the prohibition barring them from retaining provisional employees for more than nine months. This illegal practice was recently highlighted in a Court of Appeals' decision.

By James A. Brown

8 minute read

October 19, 2007 | Law.com

For many years, New York state public employers, including the city of New York, have regularly violated the New York State Civil Service Law. With impunity, public employers have flaunted the prohibition barring them from retaining provisional employees for more than nine months. Attorney James A. Brown analyzes a recent decision that highlights the fact that provisional employees have sharply limited rights and few legal remedies available to them.

By James A. Brown

8 minute read

October 25, 2006 | Law.com

The Supreme Court's recent decision in Garcetti v. Ceballos stated various rationales for sharply curbing the First Amendment free speech rights of public sector employees. The Court's reasons included the familiar argument that public employees should rely on legislation for their individual rights. In the wake of this decision, New York's anemic, rarely invoked public sector whistleblower law needs to be strengthened, says attorney James A. Brown.

By James A. Brown

8 minute read