On June 20, 2023, the New York State Assembly passed new, potentially game-changing legislation under the New York Labor Law that would prohibit employers from entering into noncompete agreements with employees. The bill follows the Federal Trade Commission’s announcement in January 2023 of a proposed rule banning noncompete agreements nationwide. […]
Category: Articles
In a March 2023 decision arising out of a putative class and collective action under the Fair Labor Standards Act and New York Labor Law, Southern District of New York Judge Philip M. Halpern tackled the “reasonableness” of attorneys’ fees awards in wage and hour settlements. Both statutes contain fee-shifting […]
Under CPLR 7510-11, judicial review of arbitration awards is limited. Because of our judicial system’s partiality toward resolving issues through alternative dispute resolution mechanisms, courts can only vacate an arbitration award where the plaintiff proves with clear and convincing evidence that the award was irrational, against public policy, or that […]
On May 11, 2023, the New York City Council approved Intro 209–A, a local law amending the New York City administrative code to include “height and weight” as protected characteristics under the Human Rights Law’s discrimination statute. Key features of the amendment include: Prohibiting discrimination based on one’s height or […]
The legal theory of inherited jurisdiction holds that when two companies merge, the successor corporation “inherits” the predecessor’s status for personal jurisdiction purposes. Thus, if the predecessor was subject to jurisdiction in New York, so is the successor, irrespective of the successor’s contacts (or lack thereof) with the New York […]