Posts Categorized: Labor and Employment Law

Posted: September 3, 2021

Labor Law § 240 Imposes Absolute Liability Where a Violation of the Statute is a Proximate Cause of the Injury

On August 26, 2021, the Fourth Department issued a decision in Miller v. Rerob, LLC, 2021 NY Slip Op 04864, holding that New York Labor Law § 240 imposes absolute liability on a contractor or owner where a violation of the statute is the proximate cause of an accident, explaining: It is well settled that... Read more »

Posted: September 1, 2021

Worker Injured While Replacing Fan in Building that Required Replacement “All the Time” Cannot Sue Under Labor Law § 240(1)

On July 28, 2021, the Second Department issued a decision in Stockton v. H&E Biffer Enters. No. 2, LLC, 2021 NY Slip Op 04568, affirming dismissal of a personal injury claim under Labor Law § 240(1) on summary judgment holding that an employee injured while preforming “routine maintenance” could not state a cause of action,... Read more »

Posted: March 10, 2021

Best practices to protect your company’s data from the competition…and well-meaning children.

Jolene LaVigne-Albert, Counsel It has been a year since the COVID-19 pandemic confined millions of workers to their homes. Remote work is now business as usual and may be here to stay. At Schlam Stone & Dolan, we are seeing an uptick in clients’ concerns about data breaches and protecting trade secrets in a remote... Read more »

Posted: January 23, 2021

Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment

On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in BDO USA, LLP v. Stiles, 2021 NY Slip Op. 30064(U), holding that a tortious interference claim cannot be based on an agreement to at-will employment, explaining: To establish a claim of tortious interference with contract, the plaintiff must... Read more »

Posted: October 21, 2020

Provision in Contract Awarding Double Attorneys’ Fees to Prevailing Party is Enforceable

On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip Op. 05196, addressing whether a provision in a contract granting a prevailing party in litigation double its attorneys’ fees was valid.  In overturning the trial court’s ruling that such a provision was an unenforceable penalty, the Court confirmed... Read more »

Posted: August 5, 2020

Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer

On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in United Staffing Solutions, Inc. v. Humanedge, Inc., 2020 NY Slip Op. 32404(U), holding that at-will employees do not have a fiduciary duty to their employer, explaining: A fiduciary relationship arises between two persons when one of them is... Read more »

Posted: July 29, 2020

Employers Should Scrutinize Non-Competes in Employment Contracts on a Case-By-Case Basis

To employers, having key employees sign non-competition agreements can be crucial to their business needs.  In today’s business environment, competition is fierce and in the information age, brain power and professional knowledge are indispensable business assets.  As such, the enforceability of non-competition agreements is one of the most common questions clients ask about.  In general,... Read more »

Posted: June 23, 2020

Economic Duress Not a Defense for At-Will Employees Who Sign Contracts Under Threat of Termination

A recent Commercial Division ruling analyzed whether an at-will employee can raise the affirmative defense of economic duress when his or her employer threatens to terminate the employee for refusal to sign a contract. In concurrence with existing New York precedent, the court concluded that because an employer may terminate an at-will employee at any... Read more »

Posted: June 1, 2020

Non-Recruitment Provision Reasonable, and Thus Enforceable

On April 19, 2020, Justice Masley of the New York County Commercial Division issued a decision in First Am. Fin. Corp. v. Verisk Analytics, Inc., 2020 NY Slip Op. 31288(U), holding that a non-recruitment provision in an agreement to sell a business was reasonable, and thus enforceable, explaining: Plaintiffs also argue that they are entitled... Read more »

Posted: April 29, 2020

Non-Compete Clause Covering All of United States and Canada Unenforceable

On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stone Source, LLC v. Hubbard, 2020 NY Slip Op. 30941(U), holding that a non-compete provision covering all of the United States and Canada was unenforceably over-broad, explaining: A restrictive covenant will only be upheld to the extent that... Read more »