December 27, 2017

Laurie Berke-Weiss Quoted in New York Times Article

"Nannies are not volunteers; they are not guests in your home,” Ms. Berke-Weiss said. “They are employees, and all the rules apply. But it doesn’t get more intimate than this. They’re a member of the family … whom you’re paying.” The January 1st rollout of the New York State Paid Family Leave law impacts most private employees in the state, including nannies.

Lauren Smith Brody covered this important issue in the New York Times, highlighting the need for:

  • communication between nannies and employers;
  • employers checking their disability policy to ensure compliance;
  • nannies and employers making a list of duties and plans for accommodations;
  • finding a backup plan for the leave period, and;
  • seeking neutral advice.

Employers and employees with questions can contact us to learn more about implementing this new law in their workplace.

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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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