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Enforcing Judgments Via Restraining Notices

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One of the most powerful tools in a judgment creditor's arsenal is the restraining notice. A restraining notice requires the party served to freeze any assets in its possession that belong or are owed to the debtor, and can be extremely effective when served to the debtor's banks or other financial institutions, as well as the debtor's clients, customers, and anyone else who has money belonging to the debtor. 

Workplace harassment victims get more protection in New York

350 AdobeStock_50219322.jpgLaws against workplace harassment in the state of New York are changing, making it easier for victims to take legal action.

In August, New York Gov. Andrew Cuomo signed new workplace harassment protections into law, including updated language described as "sweeping" in a report by the Times Union newspaper.

So what does the new law actually do?

Will U.S. Supreme Court hear major Title VII discrimination case?

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An African-American oil platform worker has filed a petition for certiorari with the U.S. Supreme Court, requesting that the justices determine whether his employer violated Title VII of the Civil Rights Act of 1964 when it required black employees to work outside in the Louisiana summer without water, while white employees exclusively worked inside in air-conditioned facilities.

The plaintiff, David Peterson, submitted the petition for the matter entitled Peterson v. Linear Controls, Inc. on May 7. The employer's response is not due until Sept. 10, so we will not know whether the court will hear the case until a later date.

NYC considering paid vacation requirement for city employers

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Employers and employees in New York City are already tasked with understanding and navigating the various leave and time off requirements. If you work or run a business in New York City, you need to be aware of your rights and obligations under federal, state, and local laws.

New York City is well-known for passing progressive and pro-employee legislation, particularly in recent years. Now, the City Council is considering passing a law requiring employers to provide paid vacation to their employees, which the mayor supports.

How Can Courts Help Creditors Enforce Subpoenas?

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Subpoenas are easily the most common means by which creditors seek to enforce judgments. Article 52 of the CPLR provides creditors with broad authority to issue subpoenas when seeking to collect on judgments. Subpoenas can be served on debtors as well as any third parties whom the creditor reasonably believes to have information relevant to the satisfaction of the judgment, and can require the party served to provide information to the creditor, produce documents, and/or appear for a deposition and testify about any matter relevant to the satisfaction of the judgment. 

Cuomo to sign ban on work discrimination nondisclosure agreements

AdobeStock_98388230.jpgOn June 19, the last day of the New York state legislative session, both the Assembly and Senate passed almost unanimously AB 8421 (same as SB 6577), an important bill that adds several protections to state law for victims of sexual harassment and other workplace discrimination. We discuss other components of the bill in other blogs, but today we will talk about the bill's prohibition on nondisclosure agreements, sometimes called NDAs, in settlement agreements, unless the victim wants the condition to keep the matter private. 

It is widely reported that New York Gov. Andrew Cuomo will sign the bill. The provisions related to nondisclosure agreements are to take effect 60 days from enactment. The bill applies to all employers in the state, including state government employers, and to independent contractors.

Cuomo signs equal-pay bill in support of women's soccer team

Thumbnail image for 350 AdobeStock_245217686.jpgOn July 10, in the midst of the Manhattan ticker-tape parade in honor of the U.S. Women's National Team's World Cup victory in France, New York Gov. Andrew Cuomo signed a new pay-equity bill. His legislation was a symbolic gesture of support for the U.S. Women's team in its longstanding battle for equal pay. In March, several players on the team sued the U.S. Soccer Federation for equal pay with their male counterparts in international competition, as well as for equalization of other employment benefits.

CNN reports that the parties to the lawsuit will engage in mediation now that the World Cup has wrapped up.

Court clarifies exhaustion requirement for discrimination claims

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On June 3, the U.S. Supreme Court released an opinion about procedural requirements for federal discrimination lawsuits that has important repercussions for employers and employees alike. Specifically, the court held that even though an employee is required to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit, an employee who fails to do so may still be able to sue if the employer fails to object.

In other words, while filing a charge with the EEOC is required, it is not "jurisdictional" and therefore can be waived.

What Moms and employers should know about NYC lactation rules

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Most mothers return to the workforce soon after giving birth. Of those, 80 percent will breastfeed their newborns. It is not hard to do the math and realize that lactation stations are an essential part of modern workplaces.

In New York City, businesses with at least four workers must provide a lactation space so that moms can express and store breast milk while at work. These lactation stations must meet specific guidelines.

Is Harvey Weinstein's $44M tentative settlement enough?

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Harvey Weinstein and the board members of his former Hollywood studio agreed to a tentative settlement with victims connected to more than 80 claims of sexual misconduct. However, after the deal was announced in bankruptcy court, some of the plaintiffs involved in the negotiations publicly expressed their displeasure with the proposed settlement amounts, according to the Los Angeles Times.

Since the movie mogul was first accused of sexual misconduct, including rape, many actresses and colleagues who worked with Weinstein have come forward. High-profile women who made Weinstein a leading driver of the #MeToo movement include Gwyneth Paltrow, Angelina Jolie, Cara Delevingne, Mira Sorvino, Rosanna Arquette and Lea Seydoux, among many others.

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