The United States Court of Appeals for the Second Circuit made a momentous decision earlier this month, disregarding the traditional standards used...
Circuit Court Decisions
FMLA Communications Refined
For employers with 50 or more employees covered by the Family Medical Leave Act (“FMLA” or “the Act”) there are serious administrative...
Americans with Disabilities Act – Telecommuting as a Reasonable Accommodation
The “workplace” is not limited to the physical worksite provided by an employer. Its reach is expanding, and judges have begun to argue that...
Americans With Disabilities Act – Definition of Disability Clarified
A recent case clarified the contours of the term "Disability" under the Americans with Disabilities Act ("ADA"). The decision provides helpful...
Second Circuit: Starbucks’ Supervisors May Use Tip Sharing
The Second Circuit recently affirmed a federal district court’s grant of summary judgment to Starbucks in a class action lawsuit brought by company...
Executives’ Liability for Wages and Hours Violations
SECOND CIRCUIT FINDS CEO INDIVIDUALLY LIABLE FOR WAGES AND HOURS VIOLATIONS Although it is common for owners and officers of organizations to be...
At-Home Tasks Do Not Make Commute Time Compensable
The federal Fair Labor Standards Act generally does not require employers pay their employees for time spent traveling from home to work and work to...
Performance Improvement Plan Insufficient For Discrimination Claim
A plaintiff in an employment discrimination case must show: (1) he or she is a member of a protected class, (2) he or she suffered from an adverse...
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