April 1, 2021

Employees in New York State Given Leave for Vaccination

In a bid to improve the state’s vaccine rollout, which, like many states, has been hampered by delays, software problems and vaccine skepticism, the New York Governor Cuomo signed state assembly legislation in mid-March granting all public and private employees paid time off to receive Covid-19 vaccinations. According to the language of the bill, employees are eligible for up to four hours of excused leave for each injection they receive. This excused leave does not affect any other accrued leave an employee might have already.

The hope is that providing time off will encourage more people to get vaccinated without fear of using up hard-earned leave time. More recently, the state expanded eligibility to all residents 30 and older, but scheduling problems remain a headache for many. On April 6, the state plans to follow other states in opening eligibility to all residents 16 and older.

Below is more specific information for employees and employers. The law stipulates that:

  • Employees are to receive normal pay rate for vaccine appointment leave;
  • Employees are granted “a sufficient period of time” to get each injection;
  • Employers cannot require employees to use already accrued leave time for vaccinations.
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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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