Sun Feb 09, 2020, 09:18pm
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Official Forum Member
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Join Date: Dec 2015
Location: Virginia
Posts: 114
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Quote:
Originally Posted by LRZ
It has been decades since I've done any labor law, but it is important to understand that this law suit is based on age discrimination under the NYC and NYS Human Rights laws, while the PIAA case was a federal NLRB case. Not only might the facts be significantly different, but the tests for "employee/independent contractor" may be different. And, of course, the NY state court is probably a more favorable forum for the officials than the current, GOP-majority NLRB.
A more apt analogy might be Kemether v. PIAA (1999), where a woman sued PIAA in federal court on the basis of sex discrimination, and prevailed under Title IX.
In any event, it is likely that the defendants will seek to move the cases to federal court.
Jeez, it's been 35+ years since I've thought about legal issues like this case raises.
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Do you believe they have a valid case?
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