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Posts Categorized: Labor and Employment Law

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 »

Posted: April 24, 2020

FAQs for a Brave New World: Employers Grapple with the Legal Implications of Telecommuting

FAQs for a Brave New World: Employers Grapple with the Legal Implications of Telecommuting By Hillary S. Zilz and Christopher R. Dyess The COVID-19 pandemic has upended the way that we all live and work. With mandatory shelter in place orders across the country, employers have been forced to allow their employees to work from... Read more »

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 inĀ 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 »