Author Archive: Cynthia Augello

Second Circuit Rejects Appeal of Employee Terminated for Refusal to Attend LGBTQ Bias Sensitivity Training

By Cynthia Augello / March 20, 2023
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In Zdunski v. Erie 2-Chautaiqua-Cattaraugus BOCES, No. 22-547 (2d Cir. Mar. 13, 2023), the U.S. Court of Appeals for the Second Circuit rejected the claim of a terminated employee that he was unlawfully discriminated against based on religion when he refused to attend mandatory LGBTQ anti-discrimination and bias training. The district court found that the…

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If You Don’t Want to Lose the Time, Don’t Do the Crime

By Cynthia Augello / March 17, 2023
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New Jersey Court Holds that an Employee Terminated for Disciplinary Reasons not entitled to Payout of PTO On February 22, 2023, the Superior Court of New Jersey Appellate Division ruled that a hospital employee discharged for disciplinary reasons was not entitled to payment of accrued paid time off (PTO) because the hospital had an express…

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SCOTUS Holds Highly Compensated Employees Must Be Paid on a Salary Basis

By Cynthia Augello / March 14, 2023
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On February 22, 2023, the United States Supreme Court held that certain highly compensated employees are entitled to overtime under the Fair Labor Standards Act (“FLSA”) if they are not paid on a salary basis. In Helix Energy Solutions Group, Inc. et al. v. Hewitt, 598 U.S. __ (2023), an oil rig supervisor earning over…

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