The Evolution And Limits Of NY's Recalcitrant Worker Defense

By Kelly McGee and Amanda McKinlay (June 3, 2019, 3:19 PM EDT) -- Defending New York Labor Law Section 240(1) cases requires a showing that Section 240(1) does not apply because the plaintiff worker and/or the work that he was performing are not protected under the statute or that the defendant was in compliance with the mandates of Section 240(1). In theory, there is a defense premised under the "recalcitrant worker" doctrine, but it has become more and more difficult for defendants to meet its growing requirements....

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