Joseph Flanagan

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Statutory Violations

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New York City to Consider Its Own Ban on Employer Noncompete Agreements Following Governor’s Veto

New York City lawmakers are considering a measure that would make the city the latest jurisdiction to ban noncompete agreements between employers and their employees, after Governor Kathy Hochul in December 2023 vetoed a...more

3/18/2024 / Contract Terms , Corporate Counsel , Employment Contract , Enforcement Authority , Local Ordinance , Municipalities , Non-Compete Agreements , Proposed Legislation , Statutory Violations

New York City Creates a Private Right of Action for Alleged Violations of the Earned Sick and Safe Time Act

On January 20, 2024, New York City enacted a law that will create a private right of action allowing employees to file lawsuits in court alleging violations of the city’s Earned Safe and Sick Time Act (ESSTA) within two years...more

1/24/2024 / Earned Sick and Safe Time Act , Employer Liability Issues , Local Ordinance , Penalties , Private Right of Action , Remedies , State Labor Laws , Statutory Violations , Wage and Hour

New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more

1/18/2024 / Employer Liability Issues , Employment Litigation , Late Payments , Liquidated Damages , Private Right of Action , State Labor Laws , Statutory Violations , Underpayment , Wage and Hour

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