Insights

On June 20, 2003, the New York State Assembly approved a comprehensive package of bills, known collectively as the “Patriot Plan,” that would extend to military personnel the protection of the State’s Human...

In Desert Palace, Inc. v. Costa, decided on June 9, 2003, the United States Supreme Court construed the “mixed motive” provisions of the 1991 Civil Rights Act in a way that expands the availability of an...

In a recent decision, the U.S. Court of Appeals for the Second Circuit in New York adopted a broad definition of “supervisor” for purposes of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and...

Section 7 of the National Labor Relations Act (“NLRA”) protects the rights of employees to join, form and support unions, as well as to engage in other “concerted activity for the purpose of collective...

The U.S. Court of Appeals for the Second Circuit recently ruled that the New York Department of Correctional Service’s sick leave policy, requiring corrections officers to submit a general diagnosis as a precondition to...

For years, courts have debated the enforceability of written agreements to arbitrate employment disputes. In its landmark 2001 decision in Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001), the U.S. Supreme Court...

The Fair Labor Standards Act (“FLSA”) is the federal law that establishes standards for minimum wages, overtime pay, and child labor. In particular, FLSA requires that employees who work in excess of 40 hours in a...

In a potentially significant decision, the U.S. Court of Appeals for the Second Circuit in New York has ruled that an employer’s duty of reasonable accommodation under the Americans with Disabilities Act...

The Supreme Court has agreed to review a case under the Americans with Disabilities Act (“ADA”) involving a company’s refusal to rehire a former drug user who had successfully completed a drug treatment...

A recent California Supreme Court decision emphasizes that state law protections for disabled employees go beyond those provided by the federal Americans With Disabilities Act (“ADA”). In Colmenares v. Braemar...