Bankruptcy Lawyer, Albany Attorney - Randall E. Kehoe, Esq.

Godfrey v. Spano
23 November 2009, 3:00 pm

(N.Y., Constitutional Law, Family Law, Government Benefits, Government Law, Labor & Employment Law) In a state constitutional challenge to two directives by executive and county officials that recognize out-of-state same-sex marriages for purposes of public employee health insurance coverage and other benefits, dismissal of the complaint is affirmed where plaintiffs failed to specify a circumstance where taxpayer funds were expended as a result of the executive order at issue that would not have been expended in the absence of the order.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Lee v. Astoria Generating Co.
23 November 2009, 3:00 pm

(N.Y., Admiralty, Government Benefits, Injury And Tort Law, Labor & Employment Law) In an action for indemnification arising out of an accident that occurred on navigable waters, the Appellate Division's order reversing summary judgment for defendants is reversed where a barge containing an electricity generating turbine is a vessel under 33 U.S.C. section 905(b) of the Longshore and Harbor Workers' Compensation Act, and that provision preempted plaintiff's New York State Labor Law sections 240(1) and 241(6) claims.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Sherwood v. Marquette Transp. Co., LLC
23 November 2009, 5:00 pm

(U.S. 7th Cir., Admiralty, Civil Procedure, Contracts, Dispute Resolution & Arbitration, Government Law, Injury And Tort Law, Labor & Employment Law) In plaintiff's suit against his employer under the Jones Act and general maritime law for injuries he suffered while working as a deckhand, defendant-employer's appeal of a district court's denial of its motion to stay the suit in favor of arbitration is dismissed for lack of jurisdiction under 9 U.S.C. section 16(a)(1)(A) as: 1) section 16 is part of the Federal Arbitration Act, and as such, under the language of section 1, does not apply to any employment contract involving a seaman; and 2) section also is inapplicable, and defendant's motion for a stay did not rely on it.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Davis v. J.P. Morgan Chase & Co.
20 November 2009, 7:00 pm

(U.S. 2d Cir., Administrative Law, Banking Law, Labor & Employment Law) In an action challenging a bank's categorization of underwriters as administrative employees exempt from the Fair Labor Standard Act's overtime pay requirements, summary judgment for defendant is reversed where plaintiff's work was not related either to setting "management policies" nor to "general business operations" such as human relations or advertising, 29 C.F.R. section 541.2, but rather concerned the "production" of loans 150- the fundamental service provided by the bank.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

PPG Indus., Incorp. v. Int'l Chem. Workers Union Council of the United Food and Commercial Workers
20 November 2009, 7:00 pm

(U.S. 4th Cir., Administrative Law, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law) District court's order vacating an arbitrator's award in favor of a union on the ground that the arbitrator exceeded his authority by adding a term to the underlying contract is reversed and remanded as, even if the arbitrator erred, he acted within the scope of his authority under the contract.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Narricot Indus., LP v. NLRB
20 November 2009, 7:00 pm

(U.S. 4th Cir., Administrative Law, Civil Procedure, Labor & Employment Law) Petitioner's request for review of a decision of the NLRB (Board), arising from allegations of various unfair labor practice charges, is denied where: 1) the Board decision was properly issued by a two-member quorum pursuant to 29 U.S.C. section 153(b); and 2) the Board's decision is enforceable on the merits.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Scruggs v. Garst Seed Co.
20 November 2009, 7:00 pm

(U.S. 7th Cir., Administrative Law, Civil Rights, Corporation & Enterprise Law, Labor & Employment Law) In an action raising claims of retaliation and a hostile work environment, summary judgment in favor of plaintiff's former employer is affirmed where: 1) the company did not retaliate against plaintiff for filing the discrimination charge when it eliminated her position as it was eliminated by a company-wide restructuring; 2) although plaintiff claims that the company also retaliated against her when it did not hire her for one of the open positions after the restructuring, it hired the person who had previously held the position; and 3) the relatively isolated gender-based comments and remarks plaintiff's supervisor directed toward her were not sufficiently severe or pervasive to rise to the level of a hostile work environment.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Dowell v. Pacesetter, Inc.
19 November 2009, 10:00 am

(Cal. App., Civil Procedure, Contracts, Government Law, Labor & Employment Law) In plaintiffs' suit against the defendant to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, trial court's ruling that the clauses were facially void under Business and Professions Code section 16600 and that their use violated California's Unfair Competition Law and that defendant's unclean hands defense and its cross-complaint for unfair competition failed as a matter of law is affirmed where: 1) the trial court properly determined that the clauses were void as a matter of law, that no defense applied and that the cross-complaint failed to state a cause of action; and 2) trial court did not abuse its discretion in denying a permanent injunction and costs





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Barboza v. West Coast Digital GSM, Inc.
19 November 2009, 10:00 am

(Cal. App., Attorney's Fees, Class Actions, Ethics & Professional Responsibility, Labor & Employment Law) In a class action lawsuit brought by former employees alleging unlawful wage deductions, failure to pay overtime and other employment violations, class counsel's obligations to the class do not end with the entry of judgment and his obligations continue until all class issues are resolved, which may include enforcement of the judgment.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

EEOC v. United Parcel Serv., Inc.
19 November 2009, 7:00 pm

(U.S. 2d Cir., Civil Procedure, Civil Rights, Labor & Employment Law) In the EEOC's appeal from a denial of its petition to enforce an administrative subpoena issued to UPS seeking information about how religious exemptions to UPS's Uniform and Personal Appearance Guidelines were handled nationwide, the order is reversed where the district court, in finding that national information was not relevant to the charges being investigated by the EEOC, applied too restrictive a standard of relevance.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.