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Monthly Archives: November 2018

Four Types of Constructive Fraud Claims

Several sections of New York’s Debtor and Creditor Law (“DCL”), which govern similar but distinct claims of constructive fraud, provide redress to creditors for various scenarios in which debtors conceal, move, or unlawfully distribute assets which could otherwise be used to satisfy a judgment. DCL…

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Employee pressure ends mandatory arbitration at some companies

Earlier this year, the U.S. Supreme Court ruled in Epic Systems Corp. v. Lewis that employment contracts may require workers to solve their employment complaints in individual arbitration. Many employees and their advocates have criticized the use of individual arbitration mandates, particularly in sexual harassment and other…

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Are caregivers protected against discrimination?

Caregivers never truly stop working. They must ensure that the needs of a loved one or minor child are met, whether they are physically with that person or at work. Some employers in New York fail to recognize the responsibilities caregivers have. Fortunately, employees in…

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New York employees file class action lawsuit against fast-food restaurant for time-shaving

Pret A Manger is a UK-based fast food chain with locations in New York. The restaurant sells organic coffee, sandwiches, salads, soups, and other lunch items. Pret’s U.S. website highlights the company’s charity work. But its treatment of employees is being questioned, as workers have filed a…

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Has Fraud Been Committed, Inadvertently?

Companies or individual debtors can commit fraud inadvertently, all while doing business (or living life) as usual. This is known as “constructive fraud,” a type of voidable transaction whereby a debtor’s transfer of assets is considered fraudulent to a creditor even though the debtor did…

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Are employers required to accommodate pregnant workers?

Federal, state, and city laws protect pregnant workers in New York City. Federal law provides the fewest protections. For instance, pregnant workers may request accommodations, such as being permitted to take more frequent bathroom breaks. However, federal rules for accommodating pregnant workers are less strict…

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