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Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion

3 Jun 2024, 6:00 am by Public Employment Law Press

Defendant not only made efforts to locate positions that would meet plaintiff needs, but offered her available temporary assignment for other employees who were out (see Chavis v Wal-Mart Stores, Inc. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion

3 Jun 2024, 6:00 am by Public Employment Law Press

Defendant not only made efforts to locate positions that would meet plaintiff needs, but offered her available temporary assignment for other employees who were out (see Chavis v Wal-Mart Stores, Inc. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher

15 May 2024, 10:00 am by Public Employment Law Press

Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher

15 May 2024, 10:00 am by Public Employment Law Press

Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Guest Post: Protecting ERISA Fiduciaries from Wrongful Blame for the Retirement Funding Crisis

8 May 2024, 2:26 pm by Kevin LaCroix

Fiduciaries and retirement savers may be asked to do more with less. [read post]

The D & O Diary - http://www.dandodiary.com/

How to Reestablish the Authority of Corporate Law in the Shareholder Proposal Process

11 Mar 2024, 9:01 pm by renholding

Wal-Mart Stores, Inc., the court referred to the SEC staff’s no-action letter process on shareholder proposals as a “we-know-it-when-we-see-it” approach. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Kiosks and the ADA – evaluating the risk after Davis v Lab Corp

29 Feb 2024, 3:23 pm by Richard Hunt

Wal-Mart Associates, Inc. [read post]

Accessibility Defense - http://accessdefense.com

CEQA Remedies Go Both Ways: Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project Opponents’ Administrative Appeal, Holds Board Erred In Finding CEQA Guidelines Section 15183 Statutory Exemption Inapplicable And Ordering EIR Prepared for Exempt Industrial Project

26 Feb 2024, 2:08 pm by Arthur F. Coon

Hilltop Group, Inc., et al v. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Plaintiff's Trip and Fall Over Pallet of Products in Store Barred By Open and Obvious Doctrine

7 Feb 2024, 5:00 am

Wal-Mart, Inc., No. 1:22-CV-00094 (M.D. [read post]