Ganfer & Shore, LLP:Newsletters 2012

Ganfer & Shore, LLP's 2012 monthly newsletters are found below and our library of past newsletters can be accessed through the links to the left.

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Eight Ganfer & Shore, LLP Attorneys Designated as "Super Lawyers" For 2012-13
Contract Providing For Forfeiture of Down Payments as Sole Remedy Precludes Award of Prejudgment Interest
Martin Act Applies to Privatization of Mitchell-Lama Co-Ops; Privatization Vote Must Be Conducted on a Per-Apartment Basis

Reminder: New York Employers Must Provide All Their Employees With Annual Wage Theft Protection Act Notices in January 2013
New York Law Restricts Businesses' Use of Social Security Numbers Effective December 12, 2012
Employee Who Failed to Use Employer's Process For Reporting Work Performed During Unpaid Meal Breaks Cannot Claim Overtime
Facebook Pictures Torpedo an Employee's FMLA Claims

Court Upholds Fines and Fees Imposed by Homeowners Association
Court Suggests That Bank Must Proceed Promptly With Foreclosure on Condominium Unit or Pay Common Charges
Appeals Court Reaffirms That Landlord May Not Regain Deregulated Status by Repaying J*-51 Tax Benefits
No Transfer Tax Due Upon "Reconstitution" of Cooperative Corporation Upon Leaving Mitchell-Lama Program

Admittedly Discriminatory "Ageist" Remark Held Insufficient to Support an Age Discrimination Claim
The Importance of Returning an Employee to an Equivalent Position After FMLA Leave Ends
If an Employee Fails to Return the Required Medical Certification, FMLA Leave is Not Protected

House Rule May Allow Condominium to Discontinue Non-Essential Services, But Not Essential Services, to Unit Owners In Arrears
Appeals Court Affirms Invalidity of Note Payable to Affiliate of Condominium's Sponsor

New York Labor Law Amended to Expand Permissible Deductions From Employees' Wages
Amendment to New York General Business Law Will Severely Restrict Employers' Use of Social Security Numbers
Federal Appeals Court Rules That Title VII Back Pay and Front Pay Awards Constitute "Wages" Subject to Withholding
Total Exemption From Attendance Rules Is Not A Reasonable ADA Accommodation
Attendance Policy Requiring Employees to Identify The Specific Medical Reason For A Health-Related Absence May Violate The ADA

Contract Purchaser Who Walked Away From Closing Forfeits $4.7 Million Deposit, Court Rules
Tenant-Shareholder Denied Injunctive Relief Against Allegedly Excessive Noise From Neighbors

NLRB Limits Confidentiality of Employers' Investigations
Employment Offers? Put Them in Writing
Termination One Year After an Employee's Disability Held Too Remote in Time to Show Discrimination

Court Enjoins Cooperative From Terminating Proprietary Lease of "Inconvinient Shareholder" as an Alleged Litigation Tactic, and Uphold Shareholder's Right to Vote Despite Alleged Defaults
Claims by Condominium Against Architects Are Dismissed as Preempted by Martin Act

NLRB Rules That Employer's Limitation on Employees' Off-Duty Access to Workplace Violated Their Federally Protected Rights
At-Will Language Held to Violate the National Labor Relations Act
The Number of FLSA Lawsuit Soars: Employers Beware
Extending Leave as an Accomodation After FMLA Leave Terminates

Owner of Ground-Floor Commercial Condominium Unit Held Not Responsible For Repair and Maintenance of Adjoining Sidewalk
Appeals Court Allows Discrimination Claim to Proceed Against Board Members in Their Individual Capacity

Court Finds It Improper to Sue Individual Board Members in Litigation Challenging a Cooperative's Decision
New Court Procedures For Foreclosure Actions Do Not Apply to Condominiums Foreclosing Common Charge Liens
Tenant-Shareholder Cannot Avoid Consent Requirement For Subleases or Board Policy Limiting Duration of Subleases

Failure to Promote And Title VII
EEOC Issues New Guidelines on Use of Criminal Records in Making Hiring Decisions
NLRB's Issues Lates Social Media Policy Guidelines

Disputed Default Interest on Mortgage Awarded to Borrower; Court Finds Tax Payment Was Timely, and Alternatively, Any Default Was Inconsequential
Proprietary Lease Did Not Authorize Cooperative to Charge For Security Costs Caused By Unauthorized Occupant
Condominium Had Proper Basis For Denying Consent to Lease of Commerical Space Based on Objection to On-Premises Cooking

Requiring Employee to Comply With Attendance Policy Is Not a Failure to Accomodate Where Regular Attendance Is An Essential Job Function
Indefinite Leave Is Not a Required Accomodation When An Employee Is No Longer Able To Work
If You Are Considering Hiring Interns This Summer, Be Careful

Appelate Division Reaffirms Cooperatives' Liability For Failure To Remediate Lead Paint Conditions In Units
New York Property Owners May Be Liable For Injury Caused By Mold Contamination

An Employer Is Held Liable For Sexual Harassment Of Employees By A Customer
Employer May Be Liable For Employee's Cyber-Bullying
EEOC Issues Final Rule On The "Reasonable Factor Other Than Age" Defense To ADEA Claims
Labor Department Issues New FMLA Medical Certification Forms

Members of Cooperative Board of Directors Held Liable to Cooperative For Unauthorized Payments
Escrow Agent May Be Liable For Realeasing Deposit Based on Forged Signature
Ownership of Mechanical Room Resolved After Trial Where Offering Documents Were Ambiguous

Showing Hostile Work Environment For One Protected Group May Not Support That Claim For Another Group
Employer's Decision to Reclassify Exempt Employees Is Not Evidence That They Were Originally Misclassified
Employee Has No FMLA Remedy For Post-Leave Claim That His Boss Gave Him Heartburn
Employer Mus Be Careful When Suspending Exempt Employees Without Pay to Avoid Risking Their Exempt Status

Court Allows Suit Against Cooperative Board to Proceed Given Allegations of Bad Faith
Board Members May Be Sued Personally for Misrepresenting Facts, Court Holds
Condominium Entitled to Attorneys' Fees in Action to Enforce Condominium Lien

Damage to Insurance Broker's Reputation Held to Constitute Irreparable Harm; Court Bars Solicitation
Employee Misconduct Prior to Resigning Provides Basis For Enforcing Non-Competes
Pregnant Employee Terminated Before Becoming Eligible for FMLA Leave May Nevertheless State Claims Under the FMLA
The EEOC's Record in FY 2011: Highest Number of Charges in History Were Filed and $455.6 Million in Relief Obtained

Happy New Year
New York's Highest Court Clarifies Law Regarding Martin Act Preemption
Court Decision Finds Cooperative Potentially Liable For Failure to Alleviate Secondhand Smoke

Robert Gosseen, Head of Ganfer & Shore's Employment Law Practice, Receives Award
Employer Is Not Required to Accommodate Unqualified Applicants, Even if Disabled
Supervisor Ill-Advised E-Mail Permits Laid-Off Employee to Avoid Dismissal of His Lawsuit and Submit His FMLA Claim to Jury
EEOC Approves New Age Bias Regulation Imposing Heavier Burden on Employees in Defending Claims