November 18, 2022

Employment Litigation Dips during Covid

According to a new analysis by Lex Machina and reported on by Law360, workers filed 2,700 fewer federal complaints or lawsuits through the first three quarters of 2020. The report notes that the drop-off has been particularly apparent in the second and third quarters.

Some types of suits, such as harassment, saw greater decreases than others, such as fair labor practices, that saw less drastic dips. Both these facts match up with the vastly different post-Covid workplace set-ups. It’s more difficult, for example, for sexual harassment to occur over Zoom, although obviously not impossible. Conversely, accommodation claims, such as the ones we have been highlighting in our FFCRA weekly roundups, have increased.

The report confirms much of what we at Berke-Weiss Law have experienced anecdotally, with workers perceiving the diminished returns of attempting to lodge a complaint against a failing business, for example. Additionally, many employers are using Covid-19 as a defense against potential complaints, deterring workers from bringing suits. This is compounded by the federal regulatory quagmire with OSHA largely vacating its responsibilities to outline and enforce comprehensive worker protections under Covid.

Berke-Weiss Law Attorneys Speak at Endometriosis Foundation Conference

March 27, 2023
Disability Discrimination
Berke-Weiss Law in the News
Berke-Weiss Law attorneys, Laurie Berke-Weiss, Alex Berke, and Rosa Aliberti, spoke at the EndoFound Global Patient Symposium, commonly referred to as Patient Day, about the legal rights and protections for those with endometriosis.

AI and Compliance, Employers Brace for a Brave New World

March 16, 2023
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Over the last decade, more and more companies have utilized automated tools to aid in hiring, training, retaining. Historically, when practices and technologies are adopted rapidly, the law takes time to catch up and this is no different, with 2023 looking to be a year where companies are going to come under more detailed regulatory and compliance regimes focused on AI.

Elon Musk’s Public Mocking of Employee’s Disability Highlights the Importance of Reasonable Accommodations and Health Information Privacy

March 16, 2023
Disability Discrimination
Elon Musk mocked a Twitter employee for his disability and lack of clarity regarding job status, highlighting issues disabled workers face in the workplace.

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