April 22, 2020
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NYS Unemployment Application Update

As promised, we have been following updates to the New York State Unemployment Insurance system as department officials try to keep up with the staggering number of claims being filed as the lockdown persists. After an avalanche of complaints regarding technical issues and the inability to reach representatives to complete Pandemic Unemployment Assistance (“PUA”) applications, the state has rolled out a new, streamlined application process for those eligible for PUA.

Now, applicants who are eligible for PUA no longer have to go through the federally-mandated process of first applying for traditional unemployment insurance, just so they can wait to be rejected and then apply for PUA. Instead, you should go to the application site, here and follow the instructions. You still need to create a ny.gov id, and unfortunately, undocumented workers remain barred from accessing these funds.

An important note: if you have already filed for UI or the PUA before it was updated, do not start a new application.

If you have any questions about the status of your application or other information, you should contact the DOL, which has hired 3,100 additional representatives to address the caseload.

You can check out our previous blog post on applying for unemployment benefits here.

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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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