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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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.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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