A sex-neutral incident or incidents may support a hostile workplace suit even under a higher severe or pervasive federal standard. Sex-based disparate treatment is also unlawful. Females compensated with unequal pay less than males, excluded from social events such as professional hockey games, denied work from home and vacation requests, might be gender-discriminated. Even a… Read More


Standards of conduct within professional, broker-dealer, lawyer-client, or physician-patient relations include duties of confidentiality, trust, and sometimes become fiduciary. States argue that broker-dealers be held to the same, higher, fiduciary duty standards applicable to investment advisers. FINRA’s revised Rule 2111(a) creates a “Best Interest” standard, ending broker-dealer duties post-sale. Congressional Bill language requires “the same”… Read More


A non-compete banning a former cloud-computing strategist with Latin American expertise from competition was upheld in New York this year. The executive’s former employer which shared trade secrets with him, convinced federal trial and appellate courts that it was likely to succeed on the merits, that it was more likely to suffer irreparable injury than… Read More


The Second Circuit holds that Black, male firefighters with Pseudo folliculitis Barbae (PFB) must be closely shaven regardless of an employer’s past practice or the pain, scarring, even boils, which shaving may cause. At one time, closely cropped beards were allowed without incident. But OSHA regulations unambiguously mandate clean shaves along the sealing edges of… Read More


Video transcript discusses how employment lawyers review noncompetition agreements across New York State remotely: I’m Jonas Urba, a New York employment lawyer here with Employment Law Reality Check talking about employment agreements and noncompetition provisions. Those are coming up all the time with work from home and COVID. More employees are working all over the… Read More


Video transcript by a New York employment lawyer, suggesting that rebuttals to PIPs or corrective action plans are usually a good idea: I’m Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Today we’re talking about PIPs. Sometimes known as corrective action plans (CAPs) or any type of final warning or… Read More


COVID-19 has cash strapped some employers. But best practices during the pandemic do not have to cost much to protect employers from employment discrimination claims. COVID-19 caught everyone off guard. Smart businesses recognize how potentially deadly the virus is. Here is how they respond. Be sincere and honest. You expect employees to be loyal to… Read More


Settlement Terms and Agreements are generally drafted by employment lawyers, not courts. The Second Circuit admits that many overtime cases are less than $20,000 in spite of federal law which requires federal judges to conduct fairness reviews to compare the amount of attorneys’ fees being paid versus how much clients receive.  Federal courts in the… Read More


Domestic worker who was not paid overtime alleged a hostile workplace. A domestic worker, “live-in nanny” and full-time student alleged not being paid 1 1/2 times her normal wage rate for regularly working 44 hours per week. She was denied 1 rest day every 7 days, was not paid for 3 rest days each year,… Read More