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Labor & Employment ARTICLES

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LIBN: Harassment April 2018

By: Larry R. Martinez

When an employee comes forward with a sexual harassment complaint, it’s important for companies to take immediate action, attorneys and HR pros say. “It’s incumbent on the company to conduct a swift, decisive investigation,” said Larry Martinez, partner and co-chair of the labor and employment practice group at Meltzer Lippe in Mineola. Most companies have […]

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New York Real Estate Journal: : Preliminary injunction issued against Oyster Bay apprenticeship code

By: Jonathan D. Farrell

A United States District Court Judge has issued a preliminary injunction against the Town of Oyster Bay preventing the town from further enforcement of apprenticeship requirements for contractors and developers.

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Locust Valley Leader: Letter to Editor

By: Jonathan D. Farrell

In a decision of significant economic consequence to every contractor who operates in the Town of Oyster Bay, the Meltzer Lippe legal team recently won a temporary restraining order against the Town of Oyster Bay, which last September passed an ordinance which imposed a new requirement on contractors and developers seeking to perform work for […]

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LIBN: Court puts brakes on Oyster Bay’s apprenticeship law

By: Jonathan D. Farrell

On February 7, 2018 a preliminary injunction was issued against the Town of Oyster Bay, preventing the Town from enforcing apprenticeship program requirements as set forth in the Town Code against private construction projects for the duration of the case. In a decision of significant economic consequence to every contractor who operates in the Town […]

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LIBN: Ignore at your own peril November 2017

By: Larry R. Martinez

Though sexual harassment and misconduct dominates today’s headlines, the issue is nothing new. These charges cut across all sectors and communities, including a 1990s case on Long Island. But sweeping charges under the rug allows accusations to fester, damaging brands and harming the workplace.

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LIBN: Workforce pendulum swinging December 2016

By: Larry R. Martinez

The complex web of laws governing the employer-employee relationship is expected to spin in a new direction under the Trump administration. And that’s good news for employers – and not such good news for workers.  

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LIBN: Suits and armor

By: Jonathan D. Farrell

The news is full of stories about companies shelling out millions for employment-related lawsuits. Within the last month, for instance, manufacturer United Plastics and staffing agency ASI Group were ordered to pay $1.4 million in back wages and damages to 566 employees in Massachusetts and Mississippi that were illegally denied overtime. Z Foods, a national […]

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The Griggs Fable Ignored: The Far-Reaching Impact of a False Premise

By:

This articlewas published in the Hofstra Labor & Employment Law Journal and can be found by clicking the link below: http://www.hofstralelj.org/wp-content/uploads/2016/04/Douglas-Final.pdf Prominent arbitrator Robert L. Douglas, and his son, Jeffrey Douglas, a Meltzer Lippe associate discuss the role of the fable in the landmark Griggs decision.

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LIBN: Men, whites ‘need not apply’

By: Jonathan D. Farrell

Producers of the Broadway hit “Hamilton” came under fire recently for advertising for “nonwhite” performers. The hip-hop musical about America’s founding fathers features Latino and African-American performers in most of the prominent roles. While it’s common practice to state the race, gender and age range of the character that the actor will play, in most […]

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LIBN: In reference to references April 2016

By: Larry R. Martinez

When it comes to giving references for former employees, if you don’t have anything nice to say, it’s best not to say anything at all. Giving employee references – even positive ones – can land companies in court, leading attorneys to recommend that employers set and adhere to strict reference policies.

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WESTLAW: Retaliation claims on the rise

By: Gerald C. Waters, Jr.

Adina Genn form LIBN Interviews Gerald Waters for LIBN – Retaliation claims on the rise.

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WESTLAW Waters: Top five “fouls” to avoid during March Madness

By: Gerald C. Waters, Jr.

Gerald Waters addresses “March Madness” in the workplace.  

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Thomson Reuters Employment Alert: ERR on the side of Accomodating Pregnant Employees

By: Gerald C. Waters, Jr.

“Companies would be smart to realize that failure to provide accommodations to pregnant women, or a failure to truly understand what it means to provide these accommodations, could result in pricey lawsuits not just in compensatory and punitive damages if the plainti! wins, but also in attorneys’ fees even if the employer prevails. In contrast, […]

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LIBN: Proposed overtime rules would impact LI less

By: Jonathan D. Farrell

The U.S. Department of Labor plans to increase the standard salary benchmark for full-time salaried workers from the current $455 a week, or $23,660 annually, to $970 per week, or $50,440 annually, President Barack Obama announced June 30. The proposal would more than double the threshold at which employers can avoid paying overtime.

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LIBN: DOL expands definition of ‘spouse’ for FMLA benefits March 2015

By: Larry R. Martinez

The complex web of laws governing the employer-employee relationship is expected to spin in a new direction under the Trump administration. And that’s good news for employers – and not such good news for workers.  

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The Past Two Years Has Shown A Significant Increase in Costly Wage / Hour Litigation

By: Peter A. Schneider

The Federal Fair Labor Standards Act (FLSA), and state law equivalent mandate payment of a minimum wage and payment of time and one half of a non exempt employee’s hourly wage for hours worked in access of 40 in a week.

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Food Industry Targeted

By: Peter A. Schneider

The plaintiff’s bar and the U.S. Department of Labor (DOL) are targeting the food industry for enforcement of the Fair Labor Standards Act (FLSA). It is important that businesses in the food service industry understand their requirements under the FLSA or risk facing litigation and the associated costs and penalties.

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Employers: Don’t Blow Your Employee’s Covenant Not to Compete!

By: Loretta M. Gastwirth

Recently, the home health industry has been the Paul worked at a New York insurance brokerage firm for 33 years until his termination in 1995. He was employed pursuant to an employment contract containing a standard covenant-not-to-compete clause.

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