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Kevin Smith is a special counsel in the Labor and Employment and Litigation Practice Groups in the firm's New York office.

On October 1, 2013, the New Jersey Security and Financial Empowerment Act (the “ Safe Act”) becomes effective. New Jersey joins a handful of states providing employees who are victims of domestic violence and sexual assault with certain rights, including 20 days of unpaid leave to deal with matters related to an incident of domestic violence or sexual assault.
Continue Reading New Jersey Provides Unpaid Leave to Victims of Domestic Violence

On July 17, 2013, the Supreme Court of New Jersey expanded the state’s already broad Law Against Discrimination (LAD), holding that an employee’s complaints about inappropriate workplace conduct need not identify any specific victim of discrimination or harassment to constitute protected activity. Rather, the court held, complaints about derogatory comments concerning a protected class can support a claim for retaliation under the LAD, regardless of whether those comments were made to or heard by members of the protected class.
Continue Reading New Jersey Supreme Court Expands State Law Retaliation Claims

On July 9, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Torres et al. v. Gristedes Operating Corp. et al., Case No. 11-4035, affirming the Southern District of New York’s imposition of individual “employer” liability on New York City mayoral candidate and supermarket owner and executive John Catsimatidis for settlement payments arising from a Fair Labor Standards Act (“FLSA”) class action litigation. The issue the Court faced was whether Catsimatidis was an “employer” within the meaning of Section 203(d) of the FLSA or Section 190(3) of the New York Labor Law (“NYLL”).
Continue Reading Second Circuit Imposes Individual Liability on New York Mayoral Candidate for Fair Labor Standards Act Settlement