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Posts Categorized: Labor and Employment Law

Posted: March 20, 2020

Answers to Common Questions for Employers Regarding the COVID-19 Global Pandemic

COVID-19 Is Forcing Employers to Navigate in Unchartered Waters By Christopher R. Dyess and Hillary S. Zilz Background The rapid onset of the COVID-19 global pandemic has shaken the world to its very core. Our fellow citizens are falling ill. Our neighbors are anxious to know what will happen next. Financial markets are in disarray.... Read more »

Posted: March 17, 2020

Labor Law 193 Does Not Apply to Wholesale Withholding of Pay

On February 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in H. Roske & Assoc., LLP v. Burghart, 2020 NY Slip Op. 30497(U), holding that Labor Law Section 193 does not apply to wholesale withholding of pay, explaining: In his second counterclaim Burghart alleges that Counterclaim Defendants refused to... Read more »

Posted: February 12, 2020

Court Reinstates Claim for Tortious Interference with an At-Will Employment Contract

On February 7, 2020, the Fourth Department issued a decision in Conklin v. Laxen, 2020 NY Slip Op. 00958, reinstating a claim for tortious interference with an at-will employment contract, explaining: We agree with plaintiff that Supreme Court erred in granting the motion with respect to the tortious interference with employment cause of action against... Read more »

Posted: February 23, 2019

Employer Failed to Justify Injunction Enforcing Restrictive Covenant With Former Employee

On February 7, 2019, the First Department issued a decision in Harris v. Patients Med., P.C., 2019 NY Slip Op. 00974, holding that an employer had failed to justify an injunction enforcing a restrictive covenant with a former employee, explaining: A preliminary injunction is an extraordinary provisional remedy which will only issue where the proponent demonstrates... Read more »

Posted: September 13, 2018

Failure to Pay Wages Cannot Be Basis of Labor Law Sec. 193 Claim for Improper Withholding of Wages

On August 22, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Stec v. Passport Brands, Inc., 2018 NY Slip Op. 32052(U), holding that a failure to pay wages cannot be the basis for a Labor Law Section 193 claim for improperly withholding wages, explaining: [T]he Labor Law does not... Read more »

Posted: January 17, 2018

Plaintiff Was At Will Employee Because His Written Employment Agreement Did Not Have a Definite Term of Service

On January 8, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Morizio v. Roeder, 2018 NY Slip Op. 50027(U), holding that the plaintiff was an at will employee despite his written employment agreement because the agreement did not contain a definite term of employment, explaining: To be an effective and... Read more »

Posted: January 4, 2018

Judge Bianco Dismisses Case for Lack of Subject Matter Jurisdiction after Finding That Public Union Was Not a “Mixed” Public/Private Union

Posted by Solomon N. Klein, Litigation Partner District Judge Joseph F. Bianco recently dismissed a putative class action for lack of subject matter jurisdiction under the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA”). (Medford v. The Civil Serv. Empls. Ass., Local 1000, AFSCME, AFL-CIO, CSEA Local 881, 17-CV-0011 (E.D.N.Y. Dec. 5, 2017) (JFB)... Read more »

Posted: October 28, 2017

Court Refuses to Issue Injunction Enforcing Restrictive Covenants

On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Devos, Ltd. v. United Returns, Inc., 2017 NY Slip Op. 51379(U), refusing to issue an injunction enforcing restrictive covenants in employment contracts, explaining: New York courts have long held that, since there are powerful considerations of public policy which... Read more »

Posted: June 21, 2017

Failure to Set Standards For Award of Stock Options Breach of Implied Covenant of Good Faith

On June 15, 2017, the First Department issued a decision in Zakrzewski v. Luxoft USA, Inc., 2017 NY Slip Op. 04906, holding that allegations that the defendant failed to set standards by which the plaintiff could earn stock options stated a claim for breach of the implied covenant of good faith and fair dealing, explaining:... Read more »