Jan 04

New York Court of Appeals Rejects Discrimination Claims for Mistaken Perception of Alcoholism

By: Samantha Guido In a recent opinion, Makinen v. City of New York,[i] the New York Court of Appeals held that a “mistaken perception of alcoholism” is not a disability under the New York City Human Rights Law (“NYCHRL”).[ii]  In this case, the plaintiffs, both police officers employed by the New York Police Department (“NYPD”), …

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Jan 04

Second Circuit Affirms Flexible Analysis for Determining “Employee” Status for Unpaid Interns Under the FLSA

By: Samuel Wiles In December 2017, the Second Circuit affirmed that unpaid interns, in some circumstances, are not “employees” under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) and were thus not entitled to receive the minimum wage.[i] In Wang v. The Hearst Corp., the Court of Appeals found that …

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Oct 18

Got Breastmilk? Lactation a “Related Medical Condition” Under the Pregnancy Discrimination Act of 1978

By: Natalie D. Russell In 2015, nearly four million children were born;[1] more than half of those children were born to mothers in the labor force.[2] These mothers do not resign during or after pregnancy.  Instead they work, seeking accommodations as needed.  During and after pregnancy, women are at risk of gestational hypertension, preeclampsia, post-partum …

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Jul 29

Uber’s Mounting Labor Issues and What it Means for Business

By: Samuel Wiles Recently, Uber has suffered an array of public relations setbacks due, in part, to poor treatment of its own workforce.  Consumers today are highly conscious of the internal operations of businesses and sometimes react to negative press affecting those businesses. Issues facing Uber include breaking strikes, classifying drivers as independent contractors, and …

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Mar 06

The Neil Gorsuch Effect on SCOTUS Labor Law Jurisprudence

By Michael C. DeBenedetto III. Judge Neil Gorsuch of the Tenth Circuit of the United States Court of Appeals was recently nominated to the Supreme Court by President Donald Trump to replace the late Antonin Scalia. In this commentary, I address the questions of how Judge Gorsuch would likely lean over questions surrounding the major …

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Jan 30

Minor Leaguers, Minor Wages, Major Problems

By Joseph Gentile. Major League Baseball (“MLB”) and the Major League Baseball Players Association (“MLBPA”) recently came to terms on a new collective bargaining agreement (“CBA”), which will last through the 2021 MLB season. This means that, by the end of the next CBA, the MLB will have gone twenty-six consecutive seasons without a work …

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Nov 16

NLRB Adjusts Reimbursement Calculation for Unlawfully Discharged Employees

By Natalie Russell. In a recent decision issued by the National Labor Relations Board (the “Board”), King Soopers, Inc. and Wendy Geaslin, persons who were wrongfully terminated may receive full reimbursement of search-for-work and interim employment expenses. Case 27-CA-129598 (2016). For over 80 years, the Board has awarded search-for-work damages. However, the Board’s traditional calculation …

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Oct 20

Peggy Browning Fund: 18th Annual National Law Students Workers’ Rights Conference

By Samantha Ojo. I had the pleasure of attending the 18th Annual National Law Students Workers’ Rights Conference, sponsored by the Peggy Browning Fund. The Peggy Browning Fund is an organization like no other, providing forty law students with stipends and summer fellowships in labor-related positions across the nation. The conference brought law students from …

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Oct 12

Columbia University: Board Overrules Brown University and Classifies Student Assistants as Employees

By Divya Acharya. Section 2(3) of the National Labor Relations Act (the “Act”) broadly defines an employee as “any employee,” subject to specified exceptions. Additionally, the Supreme Court has noted that the definition encompasses “any person who works for another in return for financial or other compensation.” Tasked with interpreting the wide-ranging breadth of this …

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Aug 29

St. John’s Law Student Front & Center


Vice President of Planning for the Labor Relations and Employment Law Society and second year student, Courtney Sokol, was invited to the Hillary Clinton victory party for the New York Primary in mid-April.  Ms. Sokol, who took the opportunity to speak with numerous New York City politicians and St. John’s Law alumni, was photographed by …

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