Positive News for New York Employers: New York’s Appellate Division Says No Private Right of Action for Employees’ Pay Frequency Claims; Court’s Decision in Alignment with Governor’s Recommendation
The long-awaited decision of the New York Appellate Division’s Second Department in Grant v. Global Aircraft Dispatch was entered on January 17, 2024, and it’s a win for New York employers. At issue was whether an employee considered to be a manual worker could sue her employer in court and recover liquidated damages for an […]
United States Supreme Court Declines to Resolve Circuit Court Split Impacting Opt-In Plaintiffs in FLSA Collective Actions
By Erica M. Clifford, Esq. The recently established Third Circuit precedent barring out-of-state plaintiffs from joining a collective action under the Fair Labor Standards Act remains intact after the United States Supreme Court denied the plaintiff’s petition for certiorari in Fischer v. Federal Express. Last year, in Fischer, the Third Circuit limited the plaintiff’s FLSA […]
Line in the Sand: District Court Untangles Boundaries of Legal Advice, Attorneys’ Role in Employee’s Termination Decision
by Erica M. Clifford, Esq. The District Court of New Jersey recently weighed in on a thorny discovery dispute, deciding whether written communications exchanged with County Counsel and outside litigation counsel could be subject to discovery in a litigation despite the assertion of attorney/client privilege. In Graham v. Monmouth County Buildings and Grounds, Magistrate Judge […]