107 Cited authorities

  1. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,725 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
  2. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,493 times   45 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning
  3. Community for Creative Non-Violence v. Reid

    490 U.S. 730 (1989)   Cited 1,165 times   17 Legal Analyses
    Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry
  4. Forrest v. Jewish Guild

    3 N.Y.3d 295 (N.Y. 2004)   Cited 1,346 times   1 Legal Analyses
    Holding that the McDonnell Douglas framework applies to discriminatory discharge claims brought pursuant to the NYSHRL
  5. Clackamas Gastroenterology Assocs., P.C. v. Wells

    538 U.S. 440 (2003)   Cited 383 times   17 Legal Analyses
    Holding that whether an organization can hire or fire or set the rules and regulations of the individual's work is relevant to whether one is an employee
  6. Parker v. Columbia Pictures Industries

    204 F.3d 326 (2d Cir. 2000)   Cited 1,339 times   3 Legal Analyses
    Holding that "summary judgment may be appropriate under Cleveland where the SSDI and ADA claims ‘involve directly conflicting statements about purely factual matters’ "
  7. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 1,180 times   4 Legal Analyses
    Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity
  8. York v. Association of Bar of City of New York

    286 F.3d 122 (2d Cir. 2002)   Cited 648 times   1 Legal Analyses
    Holding that a volunteer for the Association of the Bar of the City of New York was not an employee under Title VII
  9. Nat'l Labor Relations Bd. v. Amax Coal Co.

    453 U.S. 322 (1981)   Cited 365 times
    Holding that a management-appointed trustee to a multiemployer pension plan could not be considered a management representative
  10. Zheng v. Liberty Apparel Co. Inc.

    355 F.3d 61 (2d Cir. 2003)   Cited 584 times   11 Legal Analyses
    Holding district court erred in applying only four factors regarding formal control
  11. Section 296 - [Effective 11/16/2024] Unlawful discriminatory practices

    N.Y. Exec. Law § 296   Cited 4,820 times   25 Legal Analyses
    Making it "an unlawful discriminatory practice [under state law] for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so"
  12. Section 168 - Short title

    N.Y. Correct. Law § 168   Cited 1,036 times
    In Correction Law § 168- l, which establishes the Board of Examiners of Sex Offenders (hereinafter the Board), the Legislature provided that "[t]he Board shall develop guidelines and procedures to assess the risk of a repeat offense," which "shall be based upon, but not limited to, the following:... (f) the sex offender's response to treatment" (Correction Law § 168- 1 [f]).
  13. Section 14501 - Federal authority over intrastate transportation

    49 U.S.C. § 14501   Cited 691 times   31 Legal Analyses
    Granting a limited exemption to a state or its political subdivisions from the federally preempted regulation of the towing industry by permitting a state or its political subdivisions to regulate nonconsent tow fees
  14. Section 292 - Definitions

    N.Y. Exec. Law § 292   Cited 662 times   10 Legal Analyses
    Defining "disability" to include "a condition regarded by others as such an impairment"
  15. Section 15 - Power of governor to grant reprieves, commutations and pardons

    N.Y. Exec. Law § 15   Cited 432 times   1 Legal Analyses

    The governor has power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this article. N.Y. Exec. Law § 15

  16. Section 752 - Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited

    N.Y. Correct. Law § 752   Cited 206 times   4 Legal Analyses
    Prohibiting the denial of employment unless there is a “direct relationship” to the offense of conviction or “the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public”
  17. Section 168-L - Board of examiners of sex offenders

    N.Y. Correct. Law § 168-L   Cited 197 times
    Basing assessment of risk level on, among other things, "criminal history factors indicative of high risk of repeat offense," "conditions of release that minimize risk [of] re-offense," "physical conditions that minimize risk of re-offense," and "whether psychological or psychiatric profiles indicate a risk of recidivism"
  18. Section 753 - Factors to be considered concerning a previous criminal conviction; presumption

    N.Y. Correct. Law § 753   Cited 166 times   4 Legal Analyses
    Prohibiting unfair discrimination of individuals with previous convictions
  19. Section 291 - Equality of opportunity a civil right

    N.Y. Exec. Law § 291   Cited 105 times   1 Legal Analyses

    1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, or disability, is hereby recognized as and declared to be a civil right. 2. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommodations and commercial space without discrimination because of age, race, creed, color

  20. Section 750 - Definitions

    N.Y. Correct. Law § 750   Cited 70 times

    For the purposes of this article, the following terms shall have the following meanings: (1) "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission. (2) "Private employer" means any person, company, corporation, labor organization or association which employs ten or more persons. (3) "Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability