Law and the Workplace
Joseph Baumgarten

Joseph Baumgarten

Partner

Joseph Baumgarten is co-chair of the Labor & Employment Law Department, which was named by The American Lawyer as one of the top three U.S. practices, ranked Band 1 Nationwide by Chambers USA 2014 and was a recipient of the Chambers USA 2012 Award for Excellence. Joe has been widely recognized as a leading labor and employment lawyer by Chambers, US Legal 500, HR Executive Law Dragon and Best Lawyers. He was also named one of the 2013 BTI Client Service All-Stars, an elite group of attorneys nominated solely by clients as the very best in client service.

Joe represents publicly held and privately owned employers in virtually all areas of labor and employment law, including claims under the National Labor Relations Act, Title VII, the ADEA, ADA, FLSA, WARN and Sarbanes-Oxley, as well as breach of contract claims arising out of executive compensation disputes.

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Second Circuit Seeks Guidance from NY Court of Appeals on Standard for Awarding Punitive Damages Under the New York City Human Rights Law

The Second Circuit is once again seeking guidance from the New York Court of Appeals, this time on the question of the appropriate standard for awarding punitive damages for unlawful discriminatory acts under the New York City Human Rights Law (“NYCHRL”).  The NYCHRL provides that punitive damages may be available where employers are found directly … Continue Reading

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction History

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law (“NYSHRL”). Section 296(15) states that it is an unlawful discriminatory practice to deny employment based on past criminal offenses … Continue Reading

Second Circuit Holds That Non-Supervisory Employee’s Retaliatory Intent May Be Imputed to an Employer Under Title VII

In Vasquez v. Empress Ambulance Service, Inc., the Second Circuit adopted the “cat’s paw” theory of liability under Title VII and held that the retaliatory intent of a low-level, non-supervisory employee may be imputed to an employer where “the employer’s own negligence gives effect to the employee’s retaliatory animus and causes the victim to suffer … Continue Reading
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