Blog Posts in October, 2018

Can Men Sue for Sex Discrimination?

In the wake of the #MeToo movement, many women have taken steps to confront and address sexual harassment in the workplace. This has led to some concerns about men facing false or unsubstantiated allegations that may negatively affect their careers. In some cases, some employees have gone to court in an effort to clear their names and fight back against what they perceive as illegal gender ...

Second Circuit Revisits Issue of "Double Recovery" in Minimum Wage and Overtime Cases

Overtime and wage hour violations are governed by both federal and state law. This has led to some confusion as to the types of damages an employee can seek against an employer. This past April we discussed a decision by the U.S. Second Circuit Court of Appeals here in New York, Rana v. Islam , which held that an employee could not receive liquidated damages–compensation on top of any back pay ...

When can a Court Overturn an Arbitration Award in a Discrimination Case?

Many New York employees are subject to arbitration agreements. This means that if they are victims of employment discrimination or any other illegal act arising from their employment, their claim will be heard by an arbitrator instead of a judge. Although arbitration is often criticized as unfairly weighted in favor of employers, federal law nevertheless strongly supports arbitration. Under the ...