July 15, 2020
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Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

Since the killing of George Floyd, as a firm we have made an effort to both learn and contribute our expertise to the necessary and ongoing conversations about racism and discrimination in our country. 

As a part of this effort, we wanted to help answer some questions on many New Yorkers’ minds right now: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace? 

We are excited to share that our research on these topics has been published by Law360 in an article entitled, “When NY Worker Free Speech Rights And COVID-19 Collide,” which examines employee protections under New York Labor Law § 201-d and the latest Covid-19 guidance from the U.S. Equal Employment Opportunity Commission. 

When NY Worker Free Speech Rights And COVID-19 Collide - Law360

By Alexandra Berke, Kacie Candela and Margaret Lee Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters.

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The Week in FFCRA Complaints

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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