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New York Employment Litigation
New York Employment Litigation is a practical, authoritative guide to navigating employment litigation in New York written by veteran litigators and packed with strategic insights from both plaintiff and defense perspectives.
Publisher: Matthew Bender
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International Order InquiryNew York Employment Litigation is a first-of-its-kind treatise built specifically for attorneys who practice in the unique terrain of New York employment law. Authored by a team of seasoned litigators with more than 70 years of combined experience, this book delivers a blend of rigorous legal analysis and battle-tested strategy.
Organized for ease of use, the treatise walks practitioners through critical issues like executive contract disputes, whistleblower protections under N.Y. Labor Law §740, discrimination and retaliation claims, wage and hour controversies and WARN Act litigation. Each chapter provides practical tips, real-world case studies and sharp distinctions between New York statutes and their federal counterparts.
Whether you’re advocating for executives, employees or employers, this treatise arms you with the tools to litigate effectively and stay ahead of legal developments. It’s updated annually to reflect the latest case law and legislative shifts. If you’re serious about practicing employment law in New York, this title isn’t optional—it’s essential.
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CHAPTER 1 LITIGATING EXECUTIVE CONTRACT ISSUES
§ 1-1 INTRODUCTION TO LITIGATING CONTRACT ISSUES
§ 1-2 SCOPE OF AN EXECUTIVE EMPLOYMENT AGREEMENT
§ 1-3 COMPENSATION AND OTHER BENEFITS
§ 1-4 EXECUTIVE CONTRACT TERM
§ 1-5 DEFINING “CAUSE” TERMINATION
§ 1-6 GOOD REASON RESIGNATION
§ 1-7 RESTRICTIVE COVENANTS
§ 1-8 ALTERNATIVE DISPUTE RESOLUTION
§ 1-9 COOPERATION PROVISIONS
§ 1-10 CHOICE OF LAW
§ 1-11 CHOICE OF FORUM
§ 1-12 INDEMNIFICATION AND ADVANCEMENT RIGHTS
§ 1-13 EMPLOYER CLAIMS AND COUNTERCLAIMS AGAINST EXECUTIVES
§ 1-14 CONCLUSION
CHAPTER 2 LITIGATING WHISTLEBLOWER CLAIMS UNDER NEW YORK LABOR LAW §740
§ 2-1 INTRODUCTION TO LITIGATING WHISTLEBLOWER CLAIMS UNDER NEW YORK LABOR LAW §740
§ 2-2 HISTORY AND LEGISLATIVE HISTORY OF N.Y.L.L. §740
§ 2-3 STATE TO STATE COMPARISON – NEW YORK VERSUS CALIFORNIA, COLORADO, AND NEW JERSEY
§ 2-4 BEST PLEADING PRACTICES AND CASE STUDIES
§ 2-5 CONCLUSION
CHAPTER 3 LITIGATING DISCRIMINATION AND RETALIATION CLAIMS IN NEW YORK
§ 3-1 INTRODUCTION TO LITIGATING DISCRIMINATION AND RETALIATION CLAIMS IN NEW YORK
§ 3-2 LEGISLATIVE HISTORY OF LITIGATING DISCRIMINATION AND RETALIATION CLAIMS IN NEW YORK
§ 3-3 PROTECTED CLASSES
§ 3-4 INITIAL STAGES OF DISCRIMINATION AND RETALIATION CLAIMS AND PRACTICAL CONSIDERATIONS
§ 3-5 MOTION PRACTICE AND DISCOVERY ISSUES
§ 3-6 DAMAGES AND OTHER REMEDIES
§ 3-7 ARBITRATION AND MEDIATION
§ 3-8 INSURANCE CONSIDERATIONS
§ 3-9 CONCLUSION
CHAPTER 4 NEW YORK WAGE AND HOUR LITIGATION
§ 4-1 KEY DISTINCTIONS OF THE NYLL
§ 4-2 UNDERPAYMENT AND UNTIMELY PENALTIES
§ 4-3 REGULAR RATE OF PAY
§ 4-4 A NOTE OF MEAL PERIODS
§ 4-5 DEDUCTIONS FROM WAGES
§ 4-6 MISCLASSIFICATION
§ 4-7 MOTION TO DISMISS
§ 4-8 MOTION FOR SUMMARY JUDGMENT
§ 4-9 CONCLUSION
CHAPTER 5 LITIGATING CLAIMS UNDER THE NEW YORK STATE WORKER ADJUSTMENT AND TRAINING NOTIFICATION (WARN) ACT
§ 5-1 INTRODUCTION TO LITIGATING CLAIMS UNDER THE NEW YORK STATE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT
§ 5-2 HOW THE NEW YORK WARN ACT DIFFERS FROM THE FEDERAL WARN ACT
§ 5-3 REQUIREMENTS AND DEFINITIONAL ISSUES
§ 5-4 EXCEPTIONS
§ 5-5 CALCULATING DAMAGES