Ganfer & Shore, LLP's 2011 monthly newsletters are found below and our library of past newsletters can be accessed through the links to the left.

• Five Members of Ganfer & Shore, LLP Designated as "Super Lawyers" For 2011-12
• Court Holds That Cooperative Must Make Front Entrance, Not Just Side Entrance, Accessible
• Offering Plans and Amendments Now Available in Digital Form
  
  

• Five Members of Ganfer & Shore, LLP Designated as "Super Lawyers" For 2011-12
• Court Reiterates High Standard For Obtaining A Preliminary Injunction Enforcing Non-Compete Agreement
• Individual Corporate Officers Held Liable For FLSA Violations
• Alleged Comments By Employer's HR Director Sufficient to Defeat Its Motion For Summary Judgment
• EEOC Reports Record Highs In Complaints, Recoveries in FY 2011

• Federal Court Allows Lawsuit to Proceed Alleging Coop Discriminates Against Single Men
• Purchaser of Condominium Unit in Foreclosure Sale Must Pay Unpaid Common Charges Where Terms of Sale So Require
• Reminder:  Ganfer & Shore, LLP to Host Panel and Wine-Tasting

• New York's Wage Theft Protection Act is Given Retroactive Effect
• Employer Settles EEOC Suit for Failing to Accomodate Employee With Dwarfism Condition
• Court Refuses to Enforce Hair Removal Specialist Restrictive Covenant
• SSA "No Match" Letters Are Back

• Selecting A Form of Unincorporated Business Entity
• Ganfer & Shore, LLP to Host Panel and Wine Tasting
  

• Ganfer & Shore, LLP to Host Panel and Wine-Tasting
• NLRB Requiring Employers-Union and Non-Union- to Post Notices Informing Employees of Right to Unionize
• Owner of Ground-Floor Commercial Condominium Unit Held Responsible For Repair and Maintenance of Adjoining Sidewalk
• New State Law Prohibits Certain Property Transfer Fees

• Ganfer & Shore, LLP to Host Panel and Wine-Tasting
• IRS Launches New "Voluntary Worker Classification Settlement Program" to Provide Tax Relief to Employers That Reclassify Their Wokers
• Employee Must Meet Employers's Legitimate Job Expetactions to Sustain an Americans With Disabilities Act Claim
• Failing to Return Phone Calls From an Employee on FMLA Leave May Constitute Retaliation
• NLRB Postpones Date of New Posting Requirement

• ILSA's "Improved Lot" Exemption Applies to Condominium Units, Federal Court Holds
• Court Bars Board of "Loft Law" Cooperative From Limiting Potential Purchasers of Residential  Unit

• NLRB Requires Employers-Union and Non-Union- to Post Notices Informing Employees of Right to Unionize
• Prospective Employer Not Subject to Retaliation Claim Under FLSA
• Employee's FMLA Claim Rejected Based on Pattern of Absences Around Holidays, Vacations, and Scheduled Days Off
• NLRB Rules That Unauthorized Workers Cannot Receive Back Pay For Federal Labor Law Violations

• Court Dismisses Second-Hand Smoke Case Against Neighboring Condominium Owners
• Issues of Fact Preclude Summary Judgment on Claim For Down Payment in Aborted Co-Op Sale
• Limited Injunction Granted Providing Tenant-Shareholder With Use of Roof Area

• Attorneys' Fees Denied in FLSA Case
• NLRB May Be Retreating in Cases Involving Employee Comments on Social Media Websites

• Ganfer & Shore Obtains Appellate Rulings Favoring Condominium Board and, Real Estate Investor
• First Department Upholds Authority of Duly Designated Condominium Board of Managers
• Contract Signed Via E-Mail Was Not Final and Binding, Appellate Court Affirms

• Federal Appeals Court Upholds Employer's Corrective Measures in Racially Hostile Work Environment Case
• The Ongoing Battle Over Social Media:  Employer Prevail as NLRB General Counsel Upholds Discharge for Critical Tweets
• NLRB Permits Unions to Deploy Giant Inflatable Rats Against Neutral Employers

• Court Upholds Cooperative's Termination of Tenant-Shareholder's Proprietary Lease
• Disputed Default Interest on Mortgage May Be Paid Into Escrow, Not to Lender, Court Holds

• EEOC Targetting Employers' Inflexible Medical Leave of Absence Policies
• Second Circuit Reinstates an Age Discrimination Claim
• The Second Circuit Reinstates Overtime Claim Although Employee's Own Records Said He Did Not Work Overtime

• Companies Should Ensure They Have Up-To-Date Indemnification Provisions For Directors and Officers
• Courts Emphasize Parties' Parties' Obligations to Preserve Documents and Electronic Information When Litigation is Pending or Threatened
• Decision Holds Attorney-Client Privilege Inapplicable in Dispute With Insurance Carrier 

• Cooperative Held Liable For Child's Injuries Caused by Lead Paint in Apartment
• "Procurement Company" Was Not Liable Under Scaffold Law, Appeals Court Affirms
• Availabity of "Stacked" Exemptions Under ILSA to Be Determined as of When Purchase Contract Is Signed

• Disparate Treatment Allows Foreign-Born Employee to Convert His Security Clearance Firing Into Bias Claim
• NLRB Decision Increases the Risk For Non-Union Employers With "Overbroad" Employee Handbook Rules
• "Being Left Alone" is Not a Reasonable ADA Accommodation
• An Accommodation That Will Not Permit Employee to Perform the Essential Functions of His Job Cannot Support an ADA Claim

• Condominium Board's Power to Lease Roof Space to Wireless Company Upheld
• Discrimination Suit Against Cooperative Board Allowed to Proceed
• New York Continues Its Fight Against Bedbugs
• New York Adopts "Wage Theft Prevention Act"

 
April 2011-Employment Newsletter HTML

• Supreme Court Defines "Complaint" Broadly for Purposes of Federal Anti-Retaliation Laws
• Employer's Frequent Calls to Employee During FMLA Leave May Unlawfully Interfere With Leave
• On the Other Hand, Employee's Failure to Return Supervisor's Phone Calls Undermines Employee's FMLA Claim
   

March 2011-Real Estate Newsletter HTML

• Rule Against Perpetuities Does Not Apply to Lease Renewal Options
• Lease Provision Fixing Late Fees as Percentage of Rent is Unenforceable Penalty, Court Holds
• Wrongful Death Action Proceeds Against Cooperative Following Elevator Outage
• Federal Court Decision Demonstrates Danger of "Self-Help" Remedies

March 2011-Employment Newsletter HTML

• Supreme Court Holds That Company May Be Liable for Discriminatory Motives of Non-Decision-Makers
• EEOC Issues New Regulations Barring Discrimination Based on Genetic Information

 February 2011-Real Estate Newsletter HTML

• Alteration Provisions of Proprietary Lease Are Valid and Enforceable, Court Holds
• Foreclosure of Cooperative Unit Put on Hold; Notices Did Not Satisfy Statutory Requirements
• Proposed Local Law Would Regulate Cooperative Application Process

February 2011-Employment Newsletter HTML

• New York Adopts "Wage Theft Prevention Act"
• A New Twist on "Protected Concerted Activity" Under NLRA?
• Interfering With Ex-Employee's Unemployment Claim is Not Retaliation Under Title VII
• Title VII Does Not Protect Employees From "Ordinary Slings and Arrows That Suffuse the Workplace Every Day

January 11-Real Estate Newsletter HTML

• Contractual Provision Precludes Condominium Unit Purchaser's Claim For Fraud, Court Holds
• Purchaser of Cooperative Shares From Receiver Is Held Not to Be A Holder of Unsold Shares
• Cooperative Board Allowed To Reject Proposed Sale of Building-Owned Apartment Based on Price

January 11-Employment Newsletter HTML

• Federal Appeals Court Upholds Employer's Victory In Untimely Filed Discrimination Case
• Employee Who Stole And Used Company Documents in Discrimination Case Rewarded With $10 Million Verdict
• Employee Feeling Stress Over Business-Related Air Travel Does Not Have A Protected Disability
• Even While Engaging in Protected Activity, Employees Must Act Civilly

January 11- Corporate Newsletter HTML

• New York Court of Appeals Expands "In Pari Delicto" Doctrine Shielding Some Third-Party Professionals From Liability