Counterclaims: Actionable Retaliation?
December 01, 2003
An employee sues his former employer for ERISA violations and for unpaid commissions. The employer counterclaims, alleging various tort and statutory violations committed by the now former employee. Just another litigant asserting its right to seek redress in court. Right. Not according to the court ...
A Word to the Wise
December 01, 2003
A party moves to compel arbitration. The court grants the motion. Should the court dismiss the action or stay the proceeding? If the court dismisses the action, should the dismissal be with or without prejudice?
COBRA Notice and Disclosure Rules
December 01, 2003
Earlier this year, the US Department of Labor (DOL) published proposed regulations updating the notice and disclosure requirements applicable to health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). These proposed regulations update model notices, give disclosure guidance, and establish two new required COBRA notices.
What Not to Do in a Hostile Work Environment Case
December 01, 2003
A recent decision, <i>Boggs v. Die Fliedermaus, d/b/a Le Bar Bat</i>, 2003 WL 22299315 (S.D.N.Y. 10/07/03) (Sweet, D. J.), offers many lessons for employers about what to do, and not to do, to position themselves for a successful summary judgment motion in a hostile work environment case.
Further <i>Zubulake</i> Ruling
December 01, 2003
In the context of electronic discovery but with implications beyond that setting, Judge Shira Scheindlin issued a further ruling in the hotly contested <i>Zubulake v. UBS Warburg</i> litigation outlining a defendant's obligation to preserve discovery following notice of a possible litigation. 2003 WL 22410619 (S.D.N.Y. 10/22/03) (<i>Zubulake IV</i>). In doing so, Judge Scheindlin has once again mapped the landscape and advanced the jurisprudence relating to the preservation, production, and payment of the costs of electronic discovery.
A Word to the Wise
November 30, 2003
It seems to me that the employment setting has become, to a remarkable degree, a kind of civics classroom in which our citizenry is introduced to and schooled in the promise of a diverse people living in harmony. Anti-harassment policies, diversity goals, EEO training are all classes in the curriculum of an enlightened citizenry. The unenlightened often cross our path on the road to their biased actions in the workplace.
Recent Attorneys' Fee Awards
November 30, 2003
The chart below summarizes hourly rates used by federal courts throughout New York State in recent attorneys' fees awards made in various types of employment cases. In addition to the name of the case, citation, judge making the award and federal district, the chart shows the name of the firm or other entity receiving the award and the hourly rates awarded to the lead counsel (LC), a partner or principal in the firm (P), associates (A), and paralegals (PL). Hourly rates for travel time are excluded, but ordinarily are awarded at a rate equal to one half the attorneys' awarded hourly rate.
