2nd Circuit Court Reports Archive 

Complaining About Paramour Favoritism Does Not Support Retaliation Claim Terminated Employee Cannot Claim SOX Whistle-blower Status Arbitration Agreement that Barred Title VII Class Actions Was Enforceable Repeated Solicitation for Sexual Relations Sufficient to Sustain Sexual Harassment Claim Disciplinary Policies and Management Conduct Influence Retaliation Claims Trial Court Erred in Denying Injunction to Bar Harasser from Store School District Worker Spoke as Employee When Reporting Pay Mistakes Firefighters Promotional Exam Passes Title VII Challenge Continuing Violations Theory Does Not Apply to Promotions New York City PLAs Not Pre-empted by Federal Labor Law Starbucks May Limit Number of Pro-Union Buttons Worn by Baristas HR Director Was Not Protected by ‘Participation Clause’ of Title VII’s Anti-Retaliation Provision Suspension with Pay Not Adverse Employment Action Award of $417,955 in Damages, Fees Upheld in Retaliation Case ERISA Pre-empts State Law Breach of Contract Claim 2nd Circuit: Court Adopts ‘Presumption of Prudence’ Standard in ‘Stock Drop’ Cases 2nd Circuit: Employee’s Contradictory Account Renders Title VII Claim Implausible 2nd Circuit: Employers May Be Obligated to Accommodate Disabled Employee's Commute 2nd Circuit: Returning Service Members Must Be Given Reasonable Opportunity to Rebuild Commission Income W.D. N.Y.: Employers Operating Mixed Fleet of Vehicles May Lose Motor Carrier Overtime Exemption 2nd Circuit: Direct Notification Requirement for Sick Leave Violates FMLA 2nd Circuit: Challenge to ADEA Waiver Rejected 2nd Circuit: Award Permitting Class Arbitration of Discrimination Claims Confirmed 2nd Circuit: White Employees’ Rights Implicated in Title VII Settlement Agreement 2nd Circuit: Employer Has Limited Discretion with Retroactively Valuing Stock Options 2nd Circuit: The $1.6 Million Error—Using the Wrong Supervisor to Terminate 2nd Circuit: Parent Company Responsible for Withdrawal Liability Under Alter Ego Theory 2nd Circuit: Denial of Class Certification on State Law Wage Claim Affirmed 2nd Circuit: Misstatements Did Not Violate ERISA Fiduciary Duties 2nd Circuit: Female Technician Can Proceed to Trial in Sex Harassment Case 2nd Circuit: Threatening Language May Support Claim of Hostile Environment 2nd Circuit: Plant Closure Plan Halted for Violation of the Collective Bargaining Agreement 2nd Circuit: Pharmaceutical Sales Reps Ineligible for FLSA Exemption 2nd Circuit: Incidents Outside of Statute of Limitations May Be Considered 2nd Circuit: Arbitration Not Required by ‘Successor’ Employer 2nd Circuit: National Origin Discrimination Claims Based on State and City Law Not Pre-Empted 2nd Circuit: Teacher Not Victim of Race Discrimination or Harassment 2nd Circuit: Context of Alleged Retaliatory Acts Determines Material Adversity 2nd Circuit: Faragher/Ellerth Can Leave Employers Vulnerable 2nd Circuit: Administrative Exemption of Sales Employee Turns on Primary Duty 2nd Circuit: No Call/No Show Termination Survives Alcoholic’s ADA Claim 2nd Circuit: Leave to Recover from Disability Might Not Be ADA Accommodation 2nd Circuit: Attendance at Work Usually Is Essential Job Function 2nd Circuit: Relevance of EEOC Subpoena Generously Construed 2nd Circuit: FLSA Requires Education for Professional Exemption 2nd Circuit: Cash Balance Plan Did Not Violate ERISA’s Minimum Benefits Accrual Rules 2nd Circuit: First Amendment Supports Demand for Union Fee Accountability 2nd Circuit: Interactive Process as Insurance Against Failure-to-Accommodate 2nd Circuit: Dismissal of Caucasian Employee’s Discrimination Claims Reversed 2nd Circuit: Employer May Be Liable for Hiring by Independent Contractor 2nd Circuit: Two-Member NLRB Decision Upheld 2nd Circuit: Firing of Nonunion Health Care Workers for Picketing Was Illegal 2nd Circuit: Judgment for Employer in ADEA Case Reversed 2nd Circuit: Board Must Clarify Application of Prior Notice Rule to Health Care Strike 2nd Circuit: Plan Participant Must Show Injury to Maintain Suit 2nd Circuit: Denial of Benefits Was Arbitrary 2nd Circuit: Inability to Return to Work Sinks FMLA Claim 2nd Circuit: Claims Administrator Abused Discretion in Denying LTD Benefits 2nd Circuit: Dire Financial Straits Did Not Block Discrimination Claim 2nd Circuit: Limitations Period Started When Seniority Lost 2nd Circuit: Funds Contribution Obligations Continue Under Expired Contracts 2nd Circuit: Gift to Employees Did Not Violate NLRA 2nd Circuit: Overtime Suit Rejected Despite Salary Changes 2nd Circuit: Arbitration of SOX Claims Required 2nd Circuit: Release of Retirement Benefit Claims Was Enforceable 2nd Circuit: Hospital Found To Be Joint Employer of Temporary Agencies’ Employee 2nd Circuit: Accommodate Even Without Employee Accommodation Request 2nd Circuit: Claim that Commuting Time Is Compensable Rejected 2nd Circuit: Alleged Viewing of Dirty Movies at Work Results in Claim 2nd Circuit: 'No Harassment' Rule During Union Campaign Had Chilling Effect 2nd Circuit: Peer Review Process May Create Employment Relationship 2nd Circuit: ADA Title III Claim Did Not Require Exhaustion of Remedies 2nd Circuit: Class-Action WARN Claim Fails 2nd Circuit: In-Court Settlement Is Binding Despite Buyer's Remorse 2nd Circuit: Worker Fired for Saying Shot Supervisors Deserved To Die 2nd Circuit: Indispensable, Preliminary Activities Were Not Compensable 2nd Circuit: IRS Lawfully Denied Section Chief's Request for Part-Time Work 2nd Circuit: Reservist Wasn't in Scope of Employment While Driving to Training 2nd Circuit: Frequent Remarks on Age Could Show Discrimination 2nd Circuit: Legislative Immunity Applied to Secret Discussions 2nd Circuit: State Allowed To Freeze Union Contract Wage Increases 2nd Circuit: Only Minimal Notice Required to Initiate 'Charge' More...