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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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.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

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