The Employment Law Reporter

Here is what we cover in this issue of The Employment Law Reporter:

• A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement after the purchaser breached the agreement by failing to make required payments.
• A New York trial court has refused to enforce the provisions of a noncompetition agreement that it determined was overbroad, but it granted a former employer’s request that it bar its former employee from disclosing or using any of its confidential information with respect to it current clients and with respect to prospective clients who had signed non-disclosure agreements.
• A trial court in New York has refused to enforce a noncompete provision that it found to be “overly broad” and where, in any event, the plaintiff’s former employer was unable to allege any damages caused by the plaintiff’s purported breach of the provision.
• The U.S. District Court for the Southern District of New York has ruled that the allegations in an employment discrimination complaint filed against a nursing home were “insufficient to state a claim for discrimination and retaliation” under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act of 1967.
• The U.S. District Court for the Southern District of New York has dismissed an employment discrimination lawsuit filed against the Social Security Administration (SSA) and two individual SSA employees by a former SSA employee.
• The U.S. District Court for the Eastern District of New York has dismissed a plaintiff’s employment discrimination complaint against two individuals and refused to allow the plaintiff to file an amended complaint naming her former employer, reasoning that such an amended complaint “would be futile.”
• A federal district court in New York has dismissed a complaint filed by a lawyer against the New York City Transit Authority asserting equal pay claims under the federal Equal Pay Act and New York’s Equal Pay Law and claims for employment discrimination on the basis of race and gender in violation of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.
• A federal district court in New York has dismissed a complaint for pregnancy discrimination brought by a former hotel front desk agent that arose after she was laid off due to the impact of the COVID-19 pandemic on the hotel industry.

Kenneth A. Novikoff