Recent Publications - Labor & Employment


Handbook’s Disclaimer Insufficient to Bar State Wage Claim
March 31, 2013 | Insurance Coverage | Labor & Employment | Appeals

The plaintiffs in this case brought a class action in federal court against Comcast Corporation and Comcast Cable Communications Management, LLC, alleging among other things that the defendants had violated the Illinois Wage Payment and Collection Act (IWPCA) which requires every employer “at least semi-monthly, to pay every employee all wages earned during the semi-monthly pay

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Second Circuit Severely Limits ADA Claims Against Government Employers
February 28, 2013 | Labor & Employment | Appeals

The U.S. Court of Appeals for the Second Circuit has ruled that a former employee of the Central Islip Public Library may not bring an employment discrimination claim against the library under Title II of the Americans with Disabilities Act (“ADA”).

The circuit court’s decision, in which Rivkin Radler LLP represented the library, resolves an

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Facebook Photos Doom Employee’s FMLA Retaliation Claim
February 28, 2013 | Insurance Coverage | Labor & Employment | Appeals

After working for Advantage Health Physician Network for about 18 months, the plaintiff in this case began taking intermittent leave under the Family and Medical Leave Act, claiming that she was incapacitated from pain from a back injury she had sustained years earlier. About five weeks into her leave, several of her coworkers saw pictures

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LTD Plan Administrator Need Not Consider Social Security Administration Decided After Its Final Decision
January 31, 2013 | Labor & Employment | Insurance Coverage | Appeals

The plaintiff in this case, who worked for GKN North America Services until January 2009 when she stopped due to persistent pain from various medical conditions, filed a claim for disability benefits under an insurance policy issued by Hartford Life and Accident Insurance Company. The plaintiff received short term disability benefits through July 21, 2009,

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Employer Does Not Violate FLSA by Changing Workweek So Employees Earn Fewer Hours of Overtime
December 31, 2012 | Insurance Coverage | Labor & Employment | Appeals

Five current and former employees of Redland Energy Services, LLC, who worked as operators of Redland’s two drilling rigs, sued Redland, alleging that it had violated an overtime provision of the federal Fair Labor Standards Act (FLSA) by changing the designation of their workweek, but not their work schedule, so that fewer hours qualified as

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“New York State Wage Theft Prevention Act Notice Requirements”
December 31, 2012 | Labor & Employment | Appeals

The New York State Wage Theft Prevention Act (“WTPA”) remains in effect, which means that employers have until February 1, 2013 to provide the required written notice to employees.  Pursuant to the WTPA, New York employers must provide New York employees with a written notice and acknowledgment of pay rate and payday on an annual

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Employee Wellness Program Did Not Violate ADA, Circuit Court Decides
November 30, 2012 | Insurance Coverage | Labor & Employment | Appeals

Several years ago, employees of Broward County, Florida, who enrolled in the county’s group health plan became eligible to participate in a new employee wellness program sponsored by Broward’s group health insurer, Coventry Healthcare. The employee wellness program consisted of two components: a biometric screening, which entailed a finger stick for glucose and cholesterol, and

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Circuit Court Rejects Claim for Lifetime Health Care Benefits
October 31, 2012 | Insurance Coverage | Labor & Employment | Appeals

Former employees of Xerox Corporation who participated in the Xerox Retiree Flex Health Care Plan alleged in a lawsuit they filed that they repeatedly had been promised lifetime benefits under a health care plan called the Flex Plan but that the defendants had reneged on that promise. The district court dismissed the claims and the

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Court Refuses to Conditionally Certify FLSA Action as a Collective Action
September 30, 2012 | Appeals | Insurance Coverage | Labor & Employment

The plaintiffs, former customer service representatives (CSRs) who staffed telephone lines at an Appletree Answering Service call center in St. Louis, Missouri, sued Appletree for allegedly violating the Fair Labor Standards Act (FLSA) by failing to pay them for actual hours worked and corresponding overtime. The plaintiffs alleged that Appletree had a nationwide policy of

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New Law In New York Regarding Wage Deductions
September 30, 2012 | Labor & Employment

On September 7, 2012, Governor Cuomo signed a new law, effective November 6, 2012, which amends Section 193 of the New York State Labor Law (the New York wage deduction statute).  As many of you are aware, over the last few years the New York State Department of Labor has taken the position in cases

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