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Serrins & Associates LLC Employment Law Blog

Monday, October 15, 2018

New York’s New Sexual Harassment Laws – What to Know


After a year of sexual harassment scandals, and the explosive growth of the #MeToo movement, state and local governments across the country have been taking action to strengthen and expand local laws guarding against such abuses. New York has been no exception: on April 11, 2018, Governor Andrew Cuomo signed into law a series of measures intended to prevent sexual harassment and close existing loopholes in the law. The law partly went into effect this past summer, and several other parts will continue to be rolled out in the months ahead. Let’s take a look at what employees need to know about their rights under this new law.

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Monday, August 6, 2018

Summer’s here! Does my boss have to let me take a vacation?


The sun is shining, the temperature is rising, and some days it seems like everyone and their dog has fled New York City for the beach. That’s right, summer has arrived in New York, and with it the hope for a well-deserved vacation from the daily grind. But is your boss required to allow you to take a vacation? And if so, is he also required to pay for it?

The short answer: No. Generally speaking, employers do not have any legal duty to provide an employee with what we would consider “vacation time,” whether it is paid or unpaid. Under state law, employers do not have to pay employees for Read more . . .


Wednesday, June 6, 2018

The Supreme Court Drops an Employment Law Bombshell


Last week, the Supreme Court issued its decision in the case Epic Systems Corp. v. Lewis.
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Sunday, April 29, 2018

A Quick Guide to New York Severance Agreements


New York is an “at will” employment state. This means that generally speaking, employers have the right to fire or lay off employees as they see fit. There are some important exceptions to this rule - for example, an employer may not fire a worker for being a member of a Read more . . .


Tuesday, March 6, 2018

What counts as harassment? It depends on the state...


The law is a funny thing. Let’s say the exact same action is performed in two different states. In state one, that action results in a lawsuit, which leads to a trial, which leads to a settlement, and maybe even a full-blown scandal with all the attendant media coverage. In state two, that action results in..
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Monday, January 29, 2018

So Your Employer is Asking for a Non-Disclosure Clause


Non-disclosure and confidentiality clauses in agreements are currently enjoying a moment in the media spotlight. At Serrins & Associates, we represent employees and former employees negotiating severance and employment contracts, and these types of clauses are often at issue in such negotiations.
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Monday, December 11, 2017

The Moment of #MeToo - A Cultural Reckoning with Sexual Harassment


As anyone who watches the news, surfs the internet, or even sometimes engages in topical conversations with friends is aware, we are now experiencing an incredible national moment of reckoning on the topic of sexual assault. In many of the cases that have been reported to date, the specific topic of sexual harassment is implicated, by which we mean unwanted advances of a sexual nature that occur in a professional context. (The labels can be a little fuzzy on these issues, but here we consider sexual harassment mostly in its legal context, where it largely refers to workplace behavior.) As employment lawyers, sexual harassment is something we see distressingly often - these sorts of cases are a large part of the work we do. And so while we regret the very existence of this form of abuse, we are nonetheless heartened that Americans of all stripes are speaking out and making others aware.
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Thursday, October 19, 2017

The Harvey Weinstein Mess is a Stunning Case of Employer Misconduct


The Harvey Weinstein story functions as an example of things an employer, a manager, or anyone in a position of power within a business or place of employment, absolutely cannot do without breaking the law. Based on the Read more . . .


Sunday, August 6, 2017

Employment Law News and Links – June-July, 2017


The label of what we employment lawyers call “employment law” encompasses so many aspects of the day-to-day lives of workers in America, it’s no surprise that week after week, we see news stories popping up across the country that directly touch on our area of the law. Here’s a roundup of some of the recent stories, both local and national, that are directly relevant to employees.

City of Los Angeles hits Carl’s Jr. with whopping wage theft penalty

Fast-food chain Carl’s Jr., known for both its racy ad content and for being something New Yorkers keep hearing about without actually seeing, was found by the City of Los Angeles to have Read more . . .


Tuesday, May 30, 2017

So, Who Gets Sued? Examining Liability for Employment Law Violations Up the Corporate Ladder


This month, the Court of Appeals, New York’s highest court, answered several questions “certified” to it by the Second Circuit Court of Appeals that are important for certain employees considering bringing a lawsuit against an employer to understand.

That’s a mouthful, so let’s unpack it before we go further, because this post is going to include a lot of legal speak: the Second Circuit Court of Appeals is a federal appellate court. It decides appeals from cases tried in federal district courts. The New York Court of Appeals, meanwhile, is the highest state court in New York, and it reviews decisions from state trial courts. So there is a two-tiered system of justice in which cases brought in federal court proceed federally, while cases brought in state court proceed in the state court system.
Read more . . .


Monday, April 17, 2017

7th Circuit: LGBT Discrimination is Illegal Under the 1964 Civil Rights Act


Last week, the 7th Circuit Court of Appeals, a federal appellate court tasked with reviewing the decisions of district courts in Illinois, Indiana, and Wisconsin, dropped what can legitimately be called a legal bombshell. In Hively v. Ivy Tech Community College, the 7th Circuit became the first federal appeals court to find that under the Civil Rights Act (the 1964 law that barred private entities and businesses from discriminating on the basis of sex, race, religion, or national origin) discrimination against gay, lesbian, bisexual, and transgender individuals is also illegal.
Read more . . .


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