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For Berke-Weiss Law’s insights and resources about current events and their effects on employment law, see below.
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The Weekly Roundup: Employment Numbers Remain High as Job Losses Persist

August 28, 2020
The jobs report, released early Thursday morning, indicates job losses persist, with first-time unemployment claims above 1 million for the second straight week and continuing claims still north of 14 million. This comes as Congress remains on summer recess, having failed to shore up an extension of the enhanced stimulus that was propping up the economy. With the unemployment numbers still shaky, this week we’re taking a closer look at just who is being affected.

Commuting & NYS Workers’ Compensation: What Employers & Employees Need to Know

August 26, 2020
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Employers and employees who have questions about parental leave should talk to an experienced labor and employment law attorney. Learn how we can help.

Pods: What Are They and Are They Right for Me and My Family?

August 25, 2020
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We first started hearing the term “pod” a couple weeks after lockdown began. Initially, it was something to describe a collection of immediate family or friends with whom we could safely interact. At the same time, people started using the term to refer to extended child care units. Parents began banding together to pool child care resources when daycare facilities closed, schools shut down, and the domestic care industry was no longer an option.

Telecommuting & NYS Workers’ Compensation: What Employers & Employees Need to Know

August 25, 2020
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New social distancing norms and efforts to limit the number of people in workplaces as a result of COVID-19 has resulted in a major increase of employees working from home. How does NYS workers’ compensation cover telecommuters?

The New Parenting

August 24, 2020
This week, we’re going to spotlight one of the hot button issues at the intersection of employment and pandemic: how parents are going to cope in a fall without schools.

This Week’s FFCRA Complaints: The Wrongful Terminations Continue 

August 21, 2020
Since we started this weekly blog post in May, we've read and summarized over 50 complaints filed under the new leave law. As we’ve pointed out, many of these complaints follow almost a template, with workers being terminated for either taking legally-allowed precautions to protect fellow workers from potential infection or for having legitimate reasons to take leave, often to care for a family member or child.

In an Uncommon Move, McDonald’s Sues Former CEO

August 20, 2020
It’s not every day that a blue chip company decides to sue a former executive, let alone its erstwhile CEO, but this is exactly what McDonald’s did by suing Steve Easterbrook, who had been fired last year for inappropriate conduct, specifically, sexting with an employee.

The Art of the Doctor’s Note

August 19, 2020
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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