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Kramer Levin Naftalis & Frankel LLP logo
Kramer Levin is a full-service law firm with extensive capabilities and substantial experience. From our offices in New York, Silicon Valley and Paris…
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Kramer Levin Naftalis & Frankel LLP | USA | 20 May 2015

EEOC's new challenge to language in separation agreements

In 2006 the Equal Employment Opportunity Commission (EEOC) agreed specific language for separation agreements allowing an employer to obtain a release of discrimination claims while maintaining the employee's right to file a charge or cooperate with the EEOC or a similar governmental agency. Two recent suits demonstrate that the EEOC is again focusing on this issue and will likely continue to......
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Kramer Levin Naftalis & Frankel LLP | USA | 13 May 2015

New York courts refuse to blue pencil overbroad restrictive covenants

In two recent opinions the New York courts refused to 'blue pencil' – or edit and correct – overbroad restrictive covenants to make them enforceable. Thus, it is now more important than ever for employers to carefully craft restrictive covenants that fall squarely within the requirements of BDO Seidman v Hirshberg.
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Kramer Levin Naftalis & Frankel LLP | USA | 13 May 2015

Consistency is key: shifting (or missing) reasons for decisions can lead to liability

Two recent US Court of Appeals cases highlight the importance of articulating and clearly documenting the reasons for employment decisions. Failure to do so can severely undermine the employer's credibility that the proffered reason for the employment decision was not pretextual and may help an employee to demonstrate that unlawful discrimination or retaliation was the real reason for the......
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Kramer Levin Naftalis & Frankel LLP | USA | 6 May 2015

Whistleblower claims under Sarbanes-Oxley and Dodd-Frank: recent developments

Section 806 of the Sarbanes-Oxley Act and Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act both extend whistleblower protection to certain individuals who report conduct which they reasonably believe constitutes a violation of federal law relating to financial, securities or shareholder fraud. Both the SEC and the courts have recently issued various decisions in......
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Kramer Levin Naftalis & Frankel LLP | USA | 6 May 2015

Challenges to summary judgment in reasonable accommodation cases

Employers may experience increased difficulty obtaining dismissal of disability discrimination claims on summary judgment as courts apply greater scrutiny to employers' decisions to deny employees' requested accommodations. Accordingly, employers should focus their attention on proactively identifying the 'essential functions' of specific positions and re-examining the 'interactive process'......
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Kramer Levin Naftalis & Frankel LLP | USA | 22 Apr 2015

'Like' it or not, latest NLRB Section 7 opinions raise employer concerns

The National Labour Relations Board (NLRB) has continued to look outside unionised workplaces to address potential violations of Section 7 of the National Labour Relations Act, which sets out the right of employees to "engage in... concerted activities for the purpose of collective bargaining or other mutual aid or protection". Several recent NLRB pronouncements provide a window of......
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Kramer Levin Naftalis & Frankel LLP | USA | 22 Apr 2015

Supreme Court decides pregnancy accommodation case

The Supreme Court recently decided a case in which the claimant alleged that she had been the victim of discrimination based on gender and disability under the Americans with Disabilities Act and the Pregnancy Discrimination Act. As a result of the decision, pregnant women denied workplace accommodations granted to other categories of employee are more likely to succeed in legal claims......
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Kramer Levin Naftalis & Frankel LLP | USA | 4 Feb 2015

Annual notice requirement rescinded

Following long delays, New York State Governor Andrew Cuomo has signed a bill eliminating the requirement that employers provide annual written notices to employees under the New York Wage Theft Prevention Act. As a result, employers were released from the obligation to provide the notices that would ordinarily be distributed during January 2015.
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Kramer Levin Naftalis & Frankel LLP | USA | 25 Jun 2014

Second Circuit clarifies how to insulate against WARN liability

Private equity firms and other investors that become directly involved in the day-to-day business activities of portfolio companies run the risk of being held directly liable for the Worker Adjustment Retraining Notification Act violations of those entities. The US Court of Appeals for the Second Circuit recently clarified the standards that apply to such liability, and other courts have......
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Kramer Levin Naftalis & Frankel LLP | USA | 11 Jun 2014

The faithless servant doctrine is alive and well

Under New York law, the faithless servant doctrine permits an employer to recover compensation already paid to an employee in certain circumstances. Two recent decisions highlight the application of the faithless servant doctrine, which can be a powerful weapon in the arsenal of an employer that discovers wrongdoing by a current or former employee.
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