You searched for: "Labor and Employment Law"
Search Results
July 31, 2024
Motion To Compel Arbitration Granted, Action Stayed As To Non-Signatory To Agreement to Arbitrate
On July 5, 2024, Justice Margaret A. Chan granted a motion to compel arbitration and elected to stay, rather than dismiss, claims brought by a non-signatory to the arbitration agreement. Berley v. Walter & Samuels, Index No. 653205/2023. Read More
June 21, 2024
Court Denies Motion To Dismiss Labor Law Claim
On May 5, 2024, Justice Andrew Borrok denied defendant’s motion to dismiss defendant’s counterclaim under New York Labor Law. In FF Venture Capital, LLC v. Adam J. Plotkin, RDWC, LLC, Index No. 651314/2023, defendant claimed that plaintiff withheld his compensation and alleged violation of Labor Law § 193. The Court explained that such allegations stated a claim: Read More
March 9, 2022
Mezzanine Lender Cannot Prevent Mortgage Lender From Foreclosing on Real Property
On February 14, 2022, Justice Andrew Borrok of the New York County Commercial Division issued a decision in U.S. Bank N.A. v. 342 Prop. LLC, 2022 N.Y. Slip Op. 30488(U), holding that, absent a controlling clause in an intercreditor agreement, a mezzanine lender had no basis to contest the mortgage lender's right to foreclose on the real property securing the mortgage loan, explaining: Read More
September 3, 2021
Labor Law § 240 Imposes Absolute Liability Where a Violation of the Statute is a Proximate Cause of the Injury
On August 26, 2021, the Fourth Department issued a decision in Miller v. Rerob, LLC, 2021 NY Slip Op… Read More
September 1, 2021
Worker Injured While Replacing Fan in Building that Required Replacement "All the Time" Cannot Sue Under Labor Law § 240(1)
On July 28, 2021, the Second Department issued a decision in Stockton v. H&E Biffer Enters. No. … Read More
January 23, 2021
Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in B… Read More
October 21, 2020
Provision in Contract Awarding Double Attorneys’ Fees to Prevailing Party is Enforceable
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
August 5, 2020
Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Uni… Read More
July 29, 2020
Employers Should Scrutinize Non-Competes in Employment Contracts on a Case-By-Case Basis
To employers, having key employees sign non-competition agreements can be crucial to their business … Read More
June 23, 2020
Economic Duress Not a Defense for At-Will Employees Who Sign Contracts Under Threat of Termination
A recent Commercial Division ruling analyzed whether an at-will employee can raise the affirmative d… Read More
June 1, 2020
Non-Recruitment Provision Reasonable, and Thus Enforceable
On April 19, 2020, Justice Masley of the New York County Commercial Division issued a decision in Fi… Read More
April 29, 2020
Non-Compete Clause Covering All of United States and Canada Unenforceable
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in St… Read More
March 17, 2020
Labor Law 193 Does Not Apply to Wholesale Withholding of Pay
On February 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
February 12, 2020
Court Reinstates Claim for Tortious Interference with an At-Will Employment Contract
On February 7, 2020, the Fourth Department issued a decision in Conklin v. Laxen, 2020 NY Slip Op. 0… Read More
February 23, 2019
Employer Failed to Justify Injunction Enforcing Restrictive Covenant With Former Employee
On February 7, 2019, the First Department issued a decision in Harris v. Patients Med., P.C., 2019 … Read More
September 13, 2018
Failure to Pay Wages Cannot Be Basis of Labor Law Sec. 193 Claim for Improper Withholding of Wages
On August 22, 2018, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
January 17, 2018
Plaintiff Was At Will Employee Because His Written Employment Agreement Did Not Have a Definite Term of Service
On January 8, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Mo… Read More
October 28, 2017
Court Refuses to Issue Injunction Enforcing Restrictive Covenants
On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
June 21, 2017
Failure to Set Standards For Award of Stock Options Breach of Implied Covenant of Good Faith
On June 15, 2017, the First Department issued a decision in Zakrzewski v. Luxoft USA, Inc., 2017 NY … Read More
May 25, 2017
Restrictive Covenant Reasonable on Facts Alleged
On May 16, 2017, Justice Singh of the New York County Commercial Division issued a decision in Dougl… Read More
May 8, 2017
Short-Term, Worldwide Restrictive Covenant Enforced
On April 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
February 4, 2017
Court Issues Injunction Enforcing Covenant Not to Compete
On January 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Shimon… Read More
December 15, 2016
Irreparable Injury Presumed From Breach of Non-Compete Made In Connection With Sale of Business
On November 29, 2016, the First Department issued a decision in BDC Management Services, LLC v. Sing… Read More
December 10, 2016
Claim Based on Oral Promise to Pay Employee Fails Where Employee Handbook Required Writing
On December 1, 2016, the First Department issued a decision in Newmark & Co. Real Estate, Inc. v. Fr… Read More
November 20, 2016
At-Will Sales Employee Not Entitled to Post-Termination Commissions
On November 18, 2016, the Fourth Department issued a decision in Moore-Haarr v. Z-AXIS, Inc., 2016 N… Read More
August 18, 2016
Company Policy Manual That Could be Amended or Withdrawn Unilaterally Found Not Binding
On August 17, 2016, the Second Department issued a decision in Cohen v. National Grid USA, 2016 NY S… Read More
June 20, 2016
At-Will Employee Not Entitled to Post-termination Commissions
On June 2, 2016, the First Department issued a decision in Holahan v. 488 Performance Group, Inc., 2… Read More
May 23, 2016
Inclusion of No Oral Modification Clause In Employment Agreement Does Not Change At-Will Status
On May 19, 2016, the First Department issued a decision in Gootee v. Global Credit Services, LLC, 20… Read More
May 4, 2016
Executive At Will Employee Despite Payment Schedules Showing Fixed Period of Employment
On April 13, 2016, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
March 3, 2016
Summary Judgment Reversed Due to Fact Issues on Reasonableness of Restrictive Covenants
On March 1, 2016, the First Department issued a decision in Greystone Funding Corp. v. Kutner, 2016 … Read More
February 16, 2016
Employee Not Entitled to Carried Interest Payment Where Amount of Payment Not Agreed To
On February 3, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
January 21, 2016
Court Enforces Restrictive Covenant in Employment Agreement
On January 7, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 16, 2016
Court Refuses to Enforce Non-Compete Agreement
On January 5, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Aq… Read More
December 2, 2015
Whistleblower Claims Fail Because Complaints Unrelated to Actual Violations of Law or Regulation
On November 25, 2015, the Second Department issued a decision in Kamdem-Ouaffo v. Pepsico, Inc., 201… Read More
November 7, 2015
Court Refuses to Order Specific Performance of Restrictive Covenant
On October 19, 2015, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
August 27, 2015
Plaintiff States Claim for Fraudulent Inducement Despite Being At-Will Employee
On August 25, 2015, the First Department issued a decision in Laduzinski v. Alvarez & Marsal Taxand … Read More
August 8, 2015
Employment Agreement With a Fixed Term Can Only Be Terminated for Just Cause
On July 22, 2015, Justice Singh of the New York County Commercial Division issued a decision in Stol… Read More
July 30, 2015
Restrictive Covenant Made in Connection With Sale of Business Enforced by Stricter Standard
On July 10, 2015, the Fourth Department issued a decision in Genesee Valley Trust Co. v. Waterford G… Read More
January 8, 2015
At-Will Employee Can Assert Breach of Contract Claim for Wages Owed
On December 31, 2014, the Second Department issued a decision in Webb v. Greater N.Y. Auto. Dealers … Read More
November 15, 2014
Former Employees Preliminarily Enjoined from Carrying On New Business
On November 3, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in F… Read More
October 13, 2014
Commercial Non-Compete Agreement Enforced as Written, Including the Injunctive Relief and No-Bond Provisions
On October 2, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in Er… Read More
June 6, 2014
SECOND UPDATE: Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
June 5, 2014
UPDATE Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
June 3, 2014
Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
This guest post was written by Isaac B. Zaur of Clarick Gueron Reisbaum LLP.
Last week saw rapid-… Read More
April 13, 2014
Decision Analyzes Limits of Former Employee's Common Law Obligations to Employer
On April 2, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Free… Read More
April 7, 2014
Court Addresses Remedies for Violation of Non-Compete, Non-Disclosure and Non-Solicitation Agreements
On March 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
March 21, 2014
Statute of Frauds and At-Will Employment Doctrine Bar Claim for Unpaid Commissions
On March 7, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
February 12, 2014
Fourth Department Declares Florida Law Regarding the Enforcement of Non-Compete Agreements Unenforceable on Public Policy Grounds
On February 7, 2014, the Fourth Department issued a decision in Brown & Brown, Inc. v. Johnson, … Read More
