August 9, 2024

Senior Associate Alex Berke Quoted in Law360 Article Regarding Recent Decision in Frazier v. FCBC Development Corp. et al.

Law360 reports on the latest decision made in Frazier v. FCBC Development Corp. et al., in the U.S. District Court for the Southern District of New York. The defendant’s motion for judgement as a matter of law and a new trial was denied by U.S. District Judge Arun Subramanian. Furthermore, the plaintiff’s motion for attorney’s fees was granted. The plaintiff’s favorable jury verdict, awarded back in February of 2024, still stands. Senior Associate Alex Berke, who represents plaintiff Frazier in this matter, shared her thoughts regarding the recent decision with Irene Spezzamonte of Law360, saying in a statement that she was pleased with the decision, adding that "we look forward to seeing if the defendant proceeds with its failed arguments at the Second Circuit or accepts the decision of a New York jury." Click here to read the full article.

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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