News & Analysis as of

Appellate Courts Private Right of Action

Constangy, Brooks, Smith & Prophete, LLP

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...more

Fox Rothschild LLP

New York Appellate Courts Split Over Whether Individuals Can Sue for Frequency of Pay Violations

Fox Rothschild LLP on

New York’s Appellate Division, Second Department, created a split among the state’s appellate courts on whether individuals have a private right of action to recover damages for violations of the frequency of payments...more

Jackson Lewis P.C.

Connecticut Appellate Court Finds No Private Right of Action for State Tip Recordkeeping Errors

Jackson Lewis P.C. on

There is no private right of action for violations of a recordkeeping regulation for restaurant industry employers that take the tip credit against the minimum wage for tipped employees, the Connecticut Appellate Court has...more

Jackson Lewis P.C.

Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action

Jackson Lewis P.C. on

The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action....more

Jackson Lewis P.C.

Fourth Circuit Court Of Appeals Holds HIPAA Does Not Create A Private Right of Action

Jackson Lewis P.C. on

There is no private cause of action to address an improper disclosure of medical information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the U.S. Court of Appeals for the Fourth Circuit has...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Update: Issue 5

The 2020 Regular Session of the West Virginia Legislature is now entering the final stretch with only a little less than two weeks left. No new bills may be introduced in either chamber (though a committee may still originate...more

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