Details

Autor(en) / Beteiligte

• Novikoff, Kenneth A

Titel

Discrimination and Non-Competition Developments in New York

Ist Teil von

• Employee Relations Law Journal, 2023-12, Vol.49 (3), p.62-83

Ort / Verlag

New York: Aspen Publishers, Inc

Erscheinungsjahr

2023

Link zum Volltext

Quelle

EBSCOhost Business Source Ultimate

Beschreibungen/Notizen

• In summary: o A New York trial court has ruled that the purchaser of a medi-cal practice could not enforce a noncompete provision con-tained in the purchase agreement after the purchaser breached the agreement by failing to make required payments. o A New York trial court has refused to enforce the provisions of a noncompetition agreement that it determined was overbroad, but it granted a former employer's request that it bar its former employee from disclosing or using any of its confdential information with respect to it current clients and with respect to prospective clients who had signed non-disclosure agreements. o A trial court in New York has refused to enforce a noncom-pete provision that it found to be "overly broad" and where, in any event, the plaintiff's former employer was unable to allege any damages caused by the plaintiff's purported breach of the provision. o The U.S. District Court for the Southern District of New York has ruled that the allegations in an employment discrimination complaint fled against a nursing home were "insuffcient to state a claim for discrimination and retaliation" under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act of 1967. o The U.S. District Court for the Southern District of New York has dismissed an employment discrimination lawsuit fled against the Social Security Administration (SSA) and two individual SSA employees by a former SSA employee. o The U.S. District Court for the Eastern District of New York has dismissed a plaintiff's employment discrimination complaint against two individuals and refused to allow the plaintiff to fle an amended complaint naming her former employer, reasoning that such an amended complaint "would be futile." o A federal district court in New York has dismissed a complaint fled by a lawyer against the New York City Transit Authority asserting equal pay claims under the federal Equal Pay Act and New York's Equal Pay Law and claims for employment dis-crimination on the basis of race and gender in violation of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. o A federal district court in New York has dismissed a complaint for pregnancy discrimination brought by a former hotel front desk agent that arose after she was laid off due to the impact of the COVID-19 pandemic on the hotel industry. [...]the court found that Craniofacial Surgery failed to introduce "any evidence eliminating any questions of fact" as to whether Hyman made any such misrepresentations. [...]the court continued, indemnifcation, according to the express terms in the Purchase Agreement, only applied to damages sus-tained or incurred as the result of any inaccuracies and did "not apply to the purchase price in any event." According to the court, Craniofacial Surgery could not seek indemnifcation for a lawsuit it lost on the grounds that Hyman acted in some improper manner. According to JEGI, BrightTower is a direct competitor of JEGI located in New York City and many of its managing directors are former JEGI employees.