Archive of Anthony Rao
Second Circuit Finds Sex Harassment Claim Was Not Accidental or Minor
on May 07 in Harassment tagged accidential touching breast, incidental, minor, Redd v. New York State Division of Parole, sexual harassment by Anthony Rao
A female plaintiff sued her employer (NY State Division of Parole) alleging sexual harassment by a female supervisor (not plaintiff’s supervisor) in violation of Title VII. The Eastern District of New York granted summary judgment for the employer finding that the alleged touchings of plaintiff’s breasts were minor and incidental, episodic, may have been accidental, [...]
California Supreme Court Finally Decides That Employers Must Relieve Employees of All Duty During Meal Periods But Does Not Have To Ensure That No Work is Performed
on Apr 12 in California, Class/Collective Action, Policies, Wage/Hour tagged Brinker, California Supreme Court, meal periods, rest periods by Anthony Rao
In a unanimous decision, today the California Supreme Court held that employers are not required to ensure that employees stop all work during meal periods. Rather, employers must relieve its employees of all duties (“provide”) during a 30-minute meal period wherein employees may do whatever they please. A meal period must be provided by the [...]
Costs of Electronic Discovery Initially Borne By Responding Party
on Mar 02 in Discovery, Practice & Procedure tagged Costs of Electronic Discovery, U.S. Bank National Association v. Greenpoint Mortgage by Anthony Rao
Clients often ask us after receiving document demands seeking massive electronic discovery costing thousands of dollars to gather and produce: “who pays?” According to New York’s Appellate Division, First Department, although New York’s Civil Practice Laws and Rules are silent on the subject: “you do, but you can try to shift the costs later.” In [...]
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