David S. Feather, Esq.

JUDGE CONCLUDES THAT AN EX-EMPLOYEE’S ACCUSATIONS ARE PROTECTED BY FIRST AMENDMENT

First Amendment /

          A New York State Court judge on Long Island has held that a former employee has a First Amendment right to disseminate his claim that his former employer had lost personal data about its customers.              The case arose from an employment dispute.  In July, 2008, Cambridge Who’s Who Publishing (“Cambridge”), a Uniondale, Long […]

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THE NATIONAL LABOR RELATIONS BOARD PLANS COMPLAINT AGAINST EMPLOYER IN A CASE INVOLVING TWITTER

Retaliation /

          In a first-of-its-kind case, the National Labor Relations Board (NLRB) has informed an employer, Thomson Reuters, that it plans to file a civil complaint against that company for reprimanding an employer over a Twitter posting she had sent criticizing management of the company.               The NLRB asserts that the company violated the employee’s right

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RESTAURANT OWNERS FACE CRIMINAL CHARGES FOR HIRING AND PAYING ILLEGAL IMMIGRANTS OFF-THE-BOOKS

Wage and Hour Issues /

          Two owners of a Mexican restaurant chain in the Southwest were arrested last week and charged in federal court of knowingly hiring illegal immigrants as kitchen workers and committing tax fraud by paying them off-the-books.  Specifically, the charges range from the unlawful hiring and harboring of illegal aliens to conspiracy to defraud the IRS

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UNITED STATES SUPREME COURT RULES THAT VERBAL COMPLAINTS REGARDING WAGE VIOLATIONS ARE PROTECTED UNDER THE FAIR LABOR STANDARDS ACT

Retaliation /

            In late March, 2011, in a case entitled Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court held that employees who make complaints to their employers regarding wage violations, even verbal ones, are protected under the Fair Labor Standards Act (FLSA).              The case arose after an employee made complaints to his former employer

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UNITED STATES SUPREME COURT BROADENS EMPLOYER LIABILITY IN EMPLOYMENT DISCRIMINATION CASES

Workplace Discrimination /

In Staub v. Proctor Hospital, a decision rendered on March 1, 2011, the United States Supreme Court concluded that an employer can be held liable for the discriminatory animus of an employee who simply influenced the employment decision, even if that employee did not make the ultimate employment decision.  In this case, the fired employee

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PLAINTIFF WHO DISCUSSED A LAWSUIT WITH HER ATTORNEY USING COMPANY’S E-MAIL CANNOT CLAIM ATTORNEY-CLIENT PRIVELEGE

Uncategorized /

A California state appeals court recently ruled that a woman who sued her employer claiming discrimination cannot shield the e-mails she sent to and received from her lawyer in the litigation because they were sent from her work e-mail account.  The court concluded that the e-mails were not a protected confidential communication (in other words, they

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UNITED STATES SUPREME COURT RECOGNIZES RETALIATION AGAINST THIRD PARTY

Retaliation /

In January, 2011, the United States Supreme Court, in Thompson v. North American Stainless, held that an employee can claim retaliation even for simply being associated with another employee who engaged in protected activity.  The case involved an employee of North American Stainless, Miriam Regalado, who was engaged to another employee, Eric Thompson.  Three weeks

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THE EQUAL EMPLOYMENT OPPORTUNITY (EEOC) REPORTS AN INCREASE IN DISCRIMINATION COMPLAINTS

Workplace Discrimination /

              A recent report from the EEOC shows that claims of discrimination in the workplace, whether based on gender, race or other so-called “protected classes”, soared to 99,922 in the year ended September 30, 2010.  This represents a 7.2% increase over the 93,277 claims brought in the prior year, and is the highest level of new

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NEW YORK’S NEW “WAGE-THEFT PREVENTION” ACT

Wage and Hour Issues /

            On December 13, 2010, New York Governor David Paterson signed into law the “Wage Theft Prevention Act”, which provides new and expanded protections for workers under the New York State Labor Law.  The new law will become effective  in 120 days, or on or about April 12, 2011.             New York State Labor Law

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