Employment Law

Potential clients often ask me questions along the lines of: “My company is just a small employer. Does this [New York State or New York City] statute apply to me?” That is, prospective clients often inquire whether, in light of the number of workers that their businesses employ, their businesses must comply with a particular, labor-related statute enacted by, or a given,…Read More

In general, yes. Employees’ claims for wages, salaries or commissions earned before the filing of a corporate employer’s bankruptcy petition are dischargeable, unless such pre-petition wage claims are debt for “willful and malicious injury by the debtor [the employer] to another entity [the employees] or to the property of another entity [the employees].” 11 U.S.C. § 523(a)(6). The case law of the U.S. Court of…Read More

On June 11, 2013, in Glatt v. Searchlight Pictures Inc., No. 11 Civ. 6784, 2013 WL 2495140 (S.D.N.Y. June 11, 2013) (Pauley, J.), vacated and remanded, 811 F.3d 528 (2d Cir. 2016), the U.S. District Court for the Southern District of New York held that defendants Fox Searchlight Pictures Inc. (“Fox Searchlight”), a producer and distributor of feature films, and Fox…Read More

Effective January 30, 2014, a new statute in Manhattan, NYC requires employers to provide reasonable accommodation to the needs of an employee for her pregnancy, childbirth, or related medical condition. It is an affirmative defense “that the person aggrieved by the alleged discriminatory practice could not, with reasonable accommodation, satisfy the essential requisites of the job.” Specifically, on October 2, 2013, then-New…Read More

On July 7, 2014, New York State Governor Andrew Cuomo signed into law the New York Compassionate Care Act, N.Y. State Senate Bill S07923, N.Y. State Assembly Bill A06357E (the “NYCCA” or the “Act”), which, effective immediately, legalizes and comprehensively regulates the manufacture, sale and use of medical marijuana in New York State. The New York State Assembly had passed the…Read More

On July 23, 2015, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, No. 14-3845 (2d Cir. July 23, 2015), the U.S. Court of Appeals for the Second Circuit, reversing the U.S. District Court for the Southern District of New York’s order dismissing the plaintiff contract lawyer’s putative collective action, held that the plaintiff stated a claim upon which relief can…Read More

On October 22, 2015, the New York State Division on Human Rights (the “Division on Human Rights,” the “Division,” or the “NYSDHR”) issued a then-proposed regulation prohibiting employers with four or more employees from firing or refusing to hire an individual, and from discriminating against an individual in compensation or in the terms and conditions of employment, because of the…Read More

On August 11, 2014, New Jersey Governor Chris Christie signed into law the New Jersey Opportunity to Compete Act, Pub. L. 2014, ch. 32 (the “Opportunity to Compete Act,” the “NJOCPA,” or the “Act”), which takes effect on March 1, 2015.  The Opportunity to Compete Act prohibits employers in New Jersey from requiring applicants for employment, “during the initial employment…Read More

The Department of Defense Appropriations Act for Fiscal Year 2010 (the “DOD Act”) was signed by the White House on December 19 of last year and became effective on February 17, 2010. The DOD Act, section 8116, bars any company which is a party to any agreement in excess of $1,000,000 with the U.S. Department of Defense, and any company…Read More

A Glimpse Of The Manhattan And New Jersey Employment Lawyer’s Recent Publication Manhattan, Manhattan – WEBWIRE – Wednesday, September 16, 2020 Employment lawyer David S. Rich, founding member of The Law Offices of David S. Rich, LLC, has recently released “Executives and Professionals in Manhattan: Your Rights at Work.” The book informs executives and professionals who are employed in Manhattan, NY about their rights and…Read More