November 03, 2023 | New York Law Journal
Measuring Up New York City's New Ban on Height and Weight DiscriminationLater this month, height and weight discrimination in employment, housing and public accommodations will no longer be legal in New York City. This article examines the issues New York City employers and employment law practitioners can expect to grapple with under this new ordinance.
By Eric G. Hoffman
8 minute read
November 03, 2023 | New York Law Journal
DEI Litigation Trends and Risk Mitigation: More Than SemanticsUsing precise, thoughtful language in communication about DEI initiatives, both internally and externally, can take the proverbial bullseye off a company. The authors of this column offer some specific examples of how this plays out in practice, identifying high-risk and low-risk alternatives in five common scenarios.
By Richard Kidd, Greg Demers and Renai Rodney
8 minute read
November 03, 2023 | New York Law Journal
Pregnant Workers Fairness Act Delivers New Obligations for EmployersIn this article, Christopher J. Collins and Lindsay C. Stone summarize the key features of the Pregnancy Workers Fairness Act, highlight areas that will require special attention and provide practical suggestions for compliance.
By Christopher J. Collins and Lindsay C. Stone
8 minute read
November 03, 2023 | New York Law Journal
Surrogate's Court: Seeking Advice for Construction or DirectionMore often than not, it is the fiduciary that is looking for the court to tell them what to do or otherwise agree with what they want to do. In this article, C. Raymond Radigan and Margaret B. Rahner highlight the ambiguity in intent and uncertainty in the direction for the fiduciary to follow.
By C. Raymond Radigan and Margaret B. Rahner
6 minute read
November 03, 2023 | New York Law Journal
Judges Are Not 'Employees' of the New York State Court System (as Far as Title VII Is Concerned)A recent decision in a vaccine-mandate lawsuit held that state court judges are not "employees" of the court system under Title VII, showing that lawsuits brought in response to pandemic-era employment restrictions have not become moot as the world continues to transition to a post-COVID mindset.
By Jordan Sklar and Alessandro J. Angelori
7 minute read
November 03, 2023 | New York Law Journal
Paid Sick Leave Laws: New York 10-Year RetrospectivePaid sick leave law in the United States is as volatile and complex as any area of employment law. New York's paid sick leave story in particular serves as a microcosm for the nation's larger law proliferation, as both impose heavy burdens on covered employer and often lead employers to ask: when will there be a federal solution?
By Joshua Seidman, Marlin Duro-Martinez and Bernie Olshansky
8 minute read
November 02, 2023 | New York Law Journal
Appeal Now or Wait? The 'Necessarily Affects' ConundrumWith last year's Court of Appeals decision in 'Bonczar v. American Multi-Cinema', the issue concerning the "sole proximate cause" defense remains unresolved. However, 'Bonczar' presents a new issue that arises in many construction litigation cases but is far broader than construction and personal injury litigation.
By Brian J. Shoot
23 minute read
November 01, 2023 | New York Law Journal
'Public Disclosure' Bar Can Limit False Claims Act's Fraud SuitsLawsuits under the FCA can help to reduce fraud, and can lower the costs of federal insurance and other federal programs. One of the first things that parties bringing such actions, as well as defendants who are sued, should consider is whether the public disclosure bar applies.
By Michael A. Sirignano
10 minute read
November 01, 2023 | New York Law Journal
CFTC Adds Admissions to Enforcement ToolkitThe CFTC recently added a few new tools to its enforcement toolkit, most notably a new policy to seek admissions as a condition of resolving an enforcement action in certain cases.
By William F. Johnson
12 minute read
November 01, 2023 | New York Law Journal
A Tree Grows on the Lower East SideIn this article, Joseph A. Fonti and Benjamin F. Burry discuss how a historic community garden in Manhattan won an injunction to stop a developer from destroying a mulberry tree on city-owned land.
By Joseph A. Fonti and Benjamin F. Burry
7 minute read
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