New York Labor and Employment Law Attorneys

Press, Publications And Speaking Engagements

The Boyd Law Group - Employment Law Attorneys

October 19, 2018

A Connecticut woman recently won her lawsuit against an employer that rescinded her job offer after she failed a pre-employment drug screening by testing positive for marijuana. Plaintiff Katelin Noffsinger was offered a position as activities manager for Bridge Brook Health & Rehabilitation Center, pending admission of a drug test. Noffsinger informed Bridge Brook that she had been prescribed medical marijuana for her PTSD following a car accident, and assured the company that she was a registered user of medical marijuana and only used it at night so that it would not affect her job performance. After Noffsiger received a positive test result, the company, a government contractor, rescinded her job offer and Noffsinger sued, alleging they had violated the Connecticut Palliative Use of Marijuana Act’s (PUMA) anti-discrimination provision.

A September 5, 2018 federal district court decision by Judge Jeffrey Meyer ruled in favor of Noffsinger – with the amount of damages to be awarded yet to be determined. This decision serves as a reminder to Connecticut employers to evaluate their policies regarding marijuana use outside of the workplace – the state currently has nearly 28,000 medical marijuana patients and the number continues to grow. The Connecticut Department of Labor is hoping to assist employers in becoming educated on laws regarding medical marijuana use, going so far as to hold workshops to discuss issues that may be encountered in the workplace and ways to ensure balance between employers’ policies and permitted medical marijuana use under Connecticut Law.

We encourage you to read through the article below, which includes a link to the court’s decision. Decisions as to medical marijuana use are likely to proliferate in the coming months and years and BLG will continue to keep you apprised of the developments.

Article Link

Boston Globe Article

Medical Marijuana In The Workplace - Employment Lawyer

September 28, 2018

Following a current trend, on August 10th, 2018 the Governor of Massachusetts signed into law a statute governing non-compete agreements, restricting their potential scope, and in certain circumstances requiring employees constrained by them to receive pay for the duration of the restriction. Massachusetts is now yet another state with legislation meaningfully impacting the relationship between employers and employees with regard to restrictive covenants. California, Montana and North Dakota and have already passed similar laws.

It will be interesting to see whether this trend continues or impacts the laws or courts in the Tri-State area. At The Boyd Law Group, PLLC we will be watching carefully.

Boston Globe Article

Non Compete Agreements - Boston Globe Article

September 7, 2018

Colin Kaepernick’s grievance case against the NFL will be allowed to proceed after a recent arbitration decision in his favor. Kaepernick filed a grievance against the NFL alleging that team owners colluded against him to keep him out of the league.

The arbitrator’s decision denied the NFL’s request to dismiss Kaepernick’s grievance, refusing to ignore the possibility that there may be evidence of collusion within the information provided by his legal team.

A trial date will likely be set before the end of 2018, but first the issue of additional discovery must be decided. This will entail more evidence gathering which will likely include additional depositions of NFL owners.

BLG is looking at this as a practical, legal matter; Kaepernick brought a claim against the NFL and it has not been finally adjudicated -- or close. We aren't commenting on the political aspect of this case, but simply pointing out that this is an important issue that has become a politically controversial topic with arguably too may parties weighing in before any meaningful outcomes have been reached. Too much news these days is rushed and impatient – let’s let the case play out more fully before championing either cause! #pleasewaitforthefacts

https://sports.yahoo.com/colin-kaepernick-wins-summary-judgment-case-vs-nfl-keeping-grievance-case-alive-203456241.html

Employment Law Arbitration

August 31, 2018

The Boyd Law Group, PLLC just filed race discrimination and retaliation

The Me Too movement has had an impact here in New York. Recent changes in the New York State and New York City sexual harassment laws, some of which are now coming into effect, will require employers to provide annual anti-harassment training to employees and to implement potentially new anti-harassment policies. The changes also: 1) require that a “standard complaint form” be provided to employees with harassment claims; 2) prohibit non-disclosure obligations in sexual harassment settlements or agreements unless the complainant prefers confidentiality; and 3) prohibit employers from mandating arbitration as the forum to adjudicate claims of sexual harassment.

If you are an employer, or an employee, and especially one who is dealing with a pending or potential harassment claim, be mindful of these important legal changes – and contact our attorneys at BLG for further assistance and counsel.

https://www.law.com/newyorklawjournal/2018/08/24/ny-releases-new-draft-sexual-harassment-prevention-policy-for-employers/?slreturn=20180909200647

NY Law Journal - Sexual Harassment Prevention Policy Employmers

August 31, 2018

Recently, in Epic Systems v. Lewis, the Supreme Court upheld employment agreements that force individuals to arbitrate wage and hour claims.

Employment contracts requiring individual arbitration proceedings for the resolution of employee disputes are common and often mandated by employers. This decision reduces the opportunity for employees to proceed as a group in class actions on wage claims and, thus, may reduce enforcement of employees’ disputes, as individual employee claims may not be strong or valuable enough to warrant the expense of a separate arbitration proceeding. The dissent written by Justice Ruth Bader Ginsburg expressed the view that this decision may result in an “under-enforcement of federal and state statutes designed to advance the well-being of vulnerable workers.”

Both sides of the aisle have, in our opinion, over-reacted somewhat to this decision and its implications going forward. It may prove to be part of a continuing trend however, and we are closely following such rulings. We encourage you to take a few minutes to read through the linked article for a more thorough analysis of the Court’s decision.

https://www.lexology.com/library/detail.aspx?g=e8cf6edb-8f31-4ea1-a3a9-c9255525c811

An Epic Win For Employers
In The Press

August 17, 2018

BLG attorney William Li was featured in the World Journal on August 15, 2018. The article describes William's position as an employment law attorney and highlights some of his experiences--especially in defense work for the Firm. Nicely done, William! https://www.worldjournal.com/5818132/article-李凱寧律師william-li-esq專精勞工-薪資法/?ref=紐約_工商新聞

William Li Employment Lawyer World News

August 10, 2018

The Boyd Law Group, PLLC is happy to announce that Patrick J. Boyd was named as an “Avvo Top-Rated Lawyer” in 2018. Thank you to all of our clients who submitted reviews which made this award possible.Patrick Boyd AVVO Top Lawyer Award 2018

July, 16, 2018

The Boyd Law Group, PLLC just filed race discrimination and retaliation complaints with the New York City Human Rights Commission against a Salon that serves celebrities. An article referencing the filing was picked up by the New York Post today online and will run in the paper tomorrow. New York Post: Hair Colorist To The Stars Is A Racist, Vindictive Boss

 

June 29, 2018

New York Lead Lawyers Employment Law AttorneyThe Boyd Law Group, PLLC is happy to announce that Patrick J. Boyd was named one of the 2018 “New York Leaders In The Law” and featured in New York magazine. This special section of the New York magazine highlights the achievements of the tri-state area’s exceptional practitioners.

May 21, 2018

 Connecticut Law Tribune ArticleBLG attorney Stephen Bourtin was once again quoted in the Connecticut Law Tribune on May 17th, 2018. Bourtin weighed in on an attorney's privacy rights in pursuing her federal court litigation over a visual impairment. Connecticut Law Tribune: No Jane Doe Attorney Can't Hide Identity In Suit Against Bausch Lomb Valeant Pharmaceutical

May 10, 2018

 Steve Bourtin FMLA Law.com ArticleBLG attorney Stephen Bourtin was quoted by the Connecticut Law Tribune on May 7th, 2018. Bourtin gave his thoughts on an FMLA retaliation lawsuit. Nice going Steve!  Former MassMutual Employee Sues Company Claiming Retaliation Over Use Of FMLA

May 1, 2018

The Boyd Law Group, PLLC attorney William Li participated in REHAL V. WEINSTEIN AND THE NEW YORK CITY HUMAN RIGHTS LAW, a panel discussion at the St. John’s University Manhattan Campus on Friday, April 27th, 2018. A small group of attorneys made up the panel led by David Marshall, Director of St. John’s University Center for Labor & Employment Law. The Boyd Law Group, PLLC was honored to be a part of this event and William Li’s thoughtful contributions were greatly appreciated by coordinators and attendees.

April 13, 2018

We are excited to announce that The Boyd Law Group, PLLC has received the 2018 Client Champion - Silver Distinction award from Martindale-Hubbell.

The Client Champion awards are given to an elite group off attorneys who demonstrate commitment to client service based on the quantity and quality of their scores on Martindale-Hubbell client reviews. This is the second year in a row that BLG has received this award.

March 20, 2018

The Boyd Law Group, PLLC recently secured a nice win in The United States District Court for the District of Connecticut. Stephen Bourtin, head of BLG’s Stamford, Connecticut office, successfully defended a Defendant’s motion to dismiss in the United States District Court, District of Connecticut. On January 29th, 2018, the Honorable Michael P. Shea upheld the Plaintiff’s Title VII retaliation claim for opposing sexual harassment of a coworker and his claim for workplace free speech retaliation under the Connecticut Constitution and Conn. Gen. Stat. 31-51q.

March 8, 2018

Patrick J. Boyd quoted in the press relating to disability accommodation and strategic plaintiff side concerns in a union environment. Hat tip to new team member Rachel McCormick for her assistance with this article. See the article "Should Volunteer Groups Accept Everyone?" by clicking the link.

October 26, 2017

Patrick J. Boyd was quoted in a publication and discusses the benefits and drawbacks of being a freelance worker. See the article "Is Freelance or Regular Pay Better?" by clicking the link here.

September 26, 2017

We are happy to announce that Patrick has been named to the 2017 New York Metro Super Lawyers list as a labor and employment attorney for the fourth year in a row. Patrick J. Boyd's Super Lawyer Profile Link

August 8, 2017

The Boyd Law Group is happy to announce its successful defense of a commercial litigation brought against a longstanding and valued client, Fabric Branding, LLC. This action was initiated in the Supreme Court of the State of New York and assigned to The Honorable Cynthia S. Kern, J.S.C. Defendants filed a motion to dismiss which resulted in the dismissal of seven of the eight claims which were brought against Fabric Branding and its CEO and Founder, Simon Pearce and significantly limited the scope of available damages. After the Court’s ruling on the motion, the sole remaining cause of action for breach of contract against Fabric Branding was voluntarily dismissed on July 31, 2017. TRN, LLC - v. - Fabric Branding, LLC, et al., Index #: 654091/2016.

August 3, 2017

BLG associate William Li quoted in the World Journal relating to the New York sick leave law.

World Journal Article: 家護帶薪病假-市消費局調查違規-2/

July 2017

BLG firm associate William Li presented to the Chinese American Restaurant Service Association in Chinatown relating to employment laws relevant to the food and service industry.

World Journal Article: 華裔勞工遇不平等-循法維

February 9, 2017

Patrick Boyd and Stephen Bourtin discuss non-compete agreements in an article by Lindsay Novak.

Discuss Non-compete Agreements Before You Sign

December 23, 2016

BLG was listed in the New York Law Journal’s Top Settlements of 2016 in the employment law section for top settlements.

New York Law Journal: Top Settlements of 2016

October 10, 2016

We are pleased to announce that for the third consecutive year in a row Patrick Boyd was selected as a 2016 New York State Super Lawyer in the Employment Litigation category.

May 2016

Patrick J. Boyd quoted in Forbes relating to BLG’s representation of a class of airline pilots, “American Airline Pilot Seniority Integration Faces Lawsuit by U.S. Airways Pilots

April 2016

The Boyd Law Group and William Li mentioned in a Law.360 article “Tire Co. Inks $2 million Deal to EEOC Sex Bias Row”, regarding multi-million dollar settlement in a class action case.

September 2015

Patrick J. Boyd quoted by a reporter on new workplace and social media issues especially related to developing law in the tri-state area. com article by Lindsay Novak “Concern Over Social Media Privacy”.

December 2014

Patrick J. Boyd interviewed for article by Lindsey Novak dealing with the legal implications of romance in the workplace, “To Date or Not to Date: Choosing Love or a Job”.

November 2014

Patrick J. Boyd appeared on ABC news relating to school whistleblower case.

August 2014

Patrick J. Boyd quoted in New York Times Article relating to school whistleblower case: “Manhattan Preschool Teacher Who Alleged Abuse Sues Over Firing”.

July 2014

Stephen Bourtin quoted relating to a school whistleblower case, New York Times Article, “At Manhattan Preschool, Accounts of Sex Abuse Case Differ

May 2014

Associate William Li news interview regarding the new legislation surrounding Sick Leave.  Watch here.

(Interview in Chinese)

February 2014

Employees Should Take Jobs Offered in Layoff by Lindsey Novak

May 2013

Patrick J. Boyd, Russell Adler and William Li interviewed for article by Lindsey Novak, Setting a Bad Example:Fired For Being Honest

March 2013

Patrick J. Boyd interviewed for article about workplace medical leave, Upfront Health Information Can Hurt Job Opportunity

April 2012

The Boyd Law Group, PLLC featured on the front page of The New York Law Journal in an article by Brendan Pierson relating to a client victory under New York State Whistleblower Law. 

February 2012

Patrick Boyd interviewed by Connecticut Post, for article Hanes Ordered to Pay $650K in Discrimination Case.

January 2012

Patrick Boyd interviewed by The Root, Hanes Underwear in a Bunch Over N-Word Email

December 2011

September 2011

Patrick Boyd interviewed by Herald-Tribune, Lindsay Novak: All Good References Useful; Get Them Throughout Life.

July/August 2011

Patrick Boyd quoted in Diversity Executive, Getting Past the Past.

March 2011

Patrick Boyd interviewed by Naples Daily News, Florida Couple’s Textual Harassment Suit Joins National Trend

November 2010

Patrick Boyd interviewed by SHRM Connect, Hostile E-Mail Becomes Principal Evidence in Discrimination Lawsuit

October 2010

Patrick Boyd interviewed by New York Daily News, Axed Worker Yunusa Kenchi Slaps Hanes With Suit For Race Bias

October 2010

Patrick Boyd interviewed by FOX News regarding representation on race discrimination matter. 

October 2010

Patrick Boyd interviewed by Village Voice, Hanes Employee Sends “N-Word” Email; Panty Brand in Hot Water

October 2010

The Boyd Law Group featured in press release relating race discrimination case. 

June 2009

Patrick Boyd interviewed by Spiegel TV regarding representation on a sexual harassment and retaliation matter 

September 2008

Patrick Boyd quoted in Forbes.com article To Sign Or Not To Sign? relating to severance agreements

July 2007

Patrick Boyd quoted in Forbes.com article Using Employees’ E-mail Against Them

June 2006

Patrick Boyd interviewed by Downtown Express regarding representation on a FLSA and labor law matter - View Interview

March 2006

Patrick Boyd quoted in U.S. News & World Report article Seven Tips for Evaluating a Buyout Offer.

Publications
  • Co-author of the article “Prudish or Prudent” contemplation of the sexual harassment and paramour exception and U.S. and U.K. law presented at conference “Worlds of Work: Employment Dispute Resolution Systems Across the Globe” (Cambridge, July 2011)
  • Co-author of article “Revelations of Retaliation” analyzing the Supreme Court’s decision in Burlington Northern v. White, GC New York (November 2006)
  • Author of article “Tipping the Balance of Power: Electronic Monitoring in the Workplace”, St. John’s Journal of Legal Commentary (2000)
  • Research editor for conference “Transatlantic Perspectives on Labor and Employment Law”, University College Dublin Law School (July 2000)
  • Primary research editor for “The Colloquium on the Welfare Workforce”, featured in St. John’s Law Review (2000)
  • Faculty research assistant for article “The First Amendment and the Labor Relations of Religiously-Affiliated Employers”, Boston University Public Interest Law Journal (1999)
  • Faculty research assistant to Professor David L. Gregory for treatise “Labor-Management Relations and the Law”, Foundation Press (1999)
Speaking Engagements
  • Patrick Boyd and William Li to present on “Title VII of the Civil Rights Act of 1964” at 50 Symposium at St. John’s Law School (April 2014).
  • Russell Adler presented ”Non-Competition Agreements in the Dental and Medical Professions” at New York University Dental School (December 2012)
  • William Li served as a panelist for a St. John’s University seminar for law students relating to labor and employment law careers. (September 2011)
  • Patrick Boyd and William Li presented “Prudish or Prudent” relating to sexual harassment and the paramour exception under U.S. and U.K. law. Presentation given at conference “Worlds of Work: Employment Dispute Resolution Systems Across the Globe” (Cambridge, July 2011)
  • Patrick Boyd served as chair for a presentation entitled “Watch Out! A Guide To Ethical Practices in Start-ups & Smaller Firms” hosted by the Association of the Bar of the City of New York (October 2008)
  • Patrick Boyd served as a moderator for a presentation entitled “Growing Your Practice” hosted by the Association of the Bar of the City of New York (October 2007)
  • Patrick Boyd served as a chair for a presentation entitled “Watch Out! A Guide To Ethical Practices in Start-ups & Smaller Firms” hosted by the Association of the Bar of the City of New York (May 2007)
  • Patrick Boyd spoke on employment law issues at the conference “The Transatlantic Perspectives on Labor and Employment Law” co-sponsored by St. John’s University School of Law and the Chartered Institute of Arbitrators (London, July 2006)
  • Patrick Boyd served as a chair for a presentation entitled “Ethical Challenges Facing Small Firm Practitioners” hosted by the Association of the Bar of the City of New York (April 2006)
  • Patrick Boyd was a moderator for a presentation entitled “Employment Litigation Under Title VII: Racial Slurs in the Workplace” hosted by the Association of the Bar of the City of New York (December 2005)
  • Patrick Boyd was a panelist at the 7th Annual Management Lawyers Colloquium hosted by St. John’s University School of Law (2002)