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EEOC ‘CAUSE’ FINDING MAY BE HARMFUL BUT DOESN’T MEAN AN AUTOMATIC LOSS

Equal Employment Opportunity Commission (EEOC) investigations typically end when the EEOC issues a notice of dismissal and right-to-sue letter granting the charging party ninety (90) days to file a lawsuit under one or more of the federal statutes the agency enforces – Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act […]

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EMPLOYEE WINS RIGHTS TO OBTAIN SUPERVISOR’S E-MAILS

An employee has won the right to “discover” allegedly harassing e-mails her supervisor sent while they worked for a former employer. Facts Andrea Gogel sued Kia, alleging it failed to promote her because of her race and gender. She also claimed that Kia later retaliated against her for filing complaints.  Although she didn’t directly sue her supervisor, Randy Jackson, she

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OVERVIEW OF THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008

             The Genetic Information Nondiscrimination Act of 2008, or GINA, prohibits covered employers, which includes all employers subject to Title VII of the Civil Rights Act of 1964, from using genetic information when making employment decisions.  Because GINA just became law a few years ago and its scope is fairly

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FEDERAL APPEALS COURT IN NEW YORK DISMISSES OVERTIME CLAIM BECAUSE EMPLOYEE’S COMPLAINT WAS NOT SPECIFIC ENOUGH

             The Second Circuit Court of Appeals, the federal appeals court which covers New York, Connecticut and Vermont, recently made a very important decision regarding a failure to pay overtime claim.             In Dejesus v. Mgmt. Services, LLC, the plaintiff’s overtime claim was dismissed by

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UNITED STATES SUPREME COURT TO DETERMINE WHO IS A “SUPERVISOR” IN CONTEXT OF UNLAWFUL WORKPLACE HARASSMENT

The United States Supreme Court heard arguments on Monday, November 26, 2012 in a matter in which the Court will have to determine who a “supervisor” is in the context of workplace harassment.  The definition is important because employers are automatically liable for damages in most cases in which a supervisor harasses a subordinate, but

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AMENDMENT TO NEW YORK STATE LABOR LAW §193

New York State Labor Law §193 has been amended to  greatly expand the deductions an employer can make from an employee’s wages.  This amendment became effective on November 6, 2012. Until these amendments went into effect, New York employers were prohibited from deducting monies from an employee’s wages, with two narrow exceptions: Deductions authorized or

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EMERGENCY UNEMPLOYMENT INSURANCE DUE TO SUPERSTORM SANDY

            Federal disaster unemployment assistance is now available to all New Yorkers have lost their job due to Superstorm Sandy and live or work in the Bronx, Kings, New York, Richmond, Queens, Nassau, Suffolk, Rockland and Westchester counties.              This assistance will supplement New York’s existing unemployment insurance system and will expand eligibility to include

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