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Second Circuit Defers Decision and Certifies Questions Arising Under New York Labor Law to New York Court of Appeals

Section 196-d of the New York State Labor Law prohibits an employer or his “agent” from participating in a tip pool intended for employees. At issue in Barenboim v. Starbucks Corporation, No. 10-4912-cv, (“Barenboim”), is whether a Starbucks “shift supervisor” is an “agent,” and, thus, not permitted to share in…

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Second Circuit Rules that Lower Court Erred By Declining to Order Injunctive Relief Ensuring Sexual Harasser was no Longer in a Position to Sexually Harass

Following a two-week trial, a jury returned a verdict finding that the employer had subjected a class of female employees to a sexually hostile work environment. The jury awarded compensatory and punitive damages to the class of employees who had been sexually harassed. The court, however, declined to impose injunctive…

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EEOC Vigorously Pursues Pregnancy Discrimination Claims

Despite that employers have become increasingly more aware of blatant employment discrimination in the workplace, pregnancy discrimination continues to thrive. The Huffington Post recently posted an article discussing several pregnancy discrimination cases recently filed by the U.S. Equal Employment Opportunity Commission (“EEOC”). It appears that pregnancy discrimination has become an…