Recent Publications - Labor & Employment
August 31, 2012 | | |
The plaintiff in this case held a research position at Cornell University’s Weill Medical College (WMC) since at least 1997. On September 26, 2001, the plaintiff received a termination letter, effective as of September 28, 2001.
On March 26, 2002, the plaintiff submitted a claim for disability benefits under WMC’s group long term disability insurance
Read MoreAugust 31, 2012 | |
Several thousand U.S. military personnel have recently returned or will soon return from tours of duty. Employers have obligations to military personnel and their families under both state and federal laws.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of service members who are voluntarily or involuntarily absent from their
Read MoreAugust 14, 2012 |
New York health care providers employ almost one million employees in New York State and are subject to a wide array of employment laws as well as unique challenges and issues. Most of these laws apply to health care providers regardless of whether they employ four or four thousand employees. This column will briefly summarize
Read MoreJuly 31, 2012 | | |
The plaintiff in this case worked as an engineer for the Boeing Company. Under Boeing’s long term disability plan, employees who were totally disabled as a result of accidental injury or illness were eligible for long term disability benefits. During the first 24 months of disability, the plan’s “own occupation” definition of disability applied, under
Read MoreJune 30, 2012 | | |
The worker’s compensation claimant in this case worked as a collision shop technician in New York, repairing automobiles. In 2005, he suffered three injuries on the job. On February 21, he slipped on ice, injuring his hip and back. On March 18, he suffered a lower back sprain. He left his job on June 27
Read MoreJune 30, 2012 | | | | |
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A Landscape View of Privacy Issues
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Read MoreMay 31, 2012 | | |
The plaintiffs in this case sued to recover benefits under the long term disability benefit plans that were maintained by their former employers, Aviall, Inc., and Perkins Coie, respectively, and that were issued by the Prudential Insurance Company of America. The plans provided for a reduction of disability benefits if a disabled employee also received
Read MoreApril 30, 2012 | | |
Crystal Mandall started working as a dental assistant for a New Jersey dental center in November 2007. On April 20, 2010, she was arrested on criminal charges. She kept in touch with the dental center through a relative, promising to return to work as soon as she was released. She remained incarcerated until May 1.
Read MoreMarch 31, 2012 | | |
The plaintiff in this case began working at a senior living facility operated by Brookdale Senior Living Communities, Inc., in Pompano Beach, Florida, on October 5, 2008. She was terminated 11 months later, in September of 2009. In June 2009, the plaintiff advised Brookdale that she was pregnant and would be requesting leave under the
Read MoreFebruary 29, 2012 | | |
After the plaintiff in this case brought suit to challenge a denial of long term disability benefits, the district court concluded that the complaint was time-barred by a limitation-of-actions clause in the plan. The plaintiff appealed.
The plan, issued by Hartford Life and Accident Insurance Company, generally prohibited a claimant from bringing a lawsuit more
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