December 26, 2017

Paid Family Leave for Public Employees

As employers and employees across New York State get ready for New York State’s Paid Family leave to go into effect on January 1st, public employees who are not covered by the law are looking on in frustration.

Although New York City has a separate paid family leave policy for its employees who are considered management, that leaves hundreds of thousands of New York City’s public employees without coverage by any paid family leave policy.  Some of those workers are profiled in this New York Times article.

Under the New York State Paid Family Leave Law, public employers may opt-in to the law, and labor unions can collectively bargain with the employer to offer Paid Family Leave benefits. It will be interesting to see whether unions will bargain for Paid Family Leave, and which public employers offer Paid Family Leave, and if they choose to do so based on the same formula of the state law, or if they will create their own rules.

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

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
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
Gender Discrimination
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
Sexual Harassment
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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