February 28, 2022
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Cryptocurrency as Wages? NYC Mayor Eric Adams Buys In, But It’s Not That Simple.

         

When New York City Mayor, Eric Adams, announced he was taking his first three paychecks in the form of Bitcoin, it might have been a publicity stunt, and one that backfired as Bitcoin prices took a nosedive, but it has highlighted a new means of employee compensation that is potentially on the horizon. 

Mayor Adams was not alone in this stunt. The mayor of Miami also took compensation in the form of Bitcoin and has been pushing to pay city employees in the digital currency as a bid to make Miami a cryptocurrency hub, similar to New York’s Adams. 

But, if you dig a little deeper, you’ll see that things aren’t as clear cut as these mayors are making it out to be. For one, the City of New York did not purchase Bitcoin and pay the mayor. Instead, Adams transferred his paycheck and into a “digital wallet” with Coinbase, a cryptocurrency exchange, and then bought Bitcoin and another cryptocurrency, Ethereum.

Why did Adams make a big deal out of being paid in cryptocurrency only to get a traditional paycheck? PR aside, it’s due to the federal Fair Labor Standards Act, which prohibits employers from paying base salaries in anything other than a fiat currency, that is, a currency issued by a sovereign government. 

Things like bonus compensation could be distributed in a non-fiat currency, such as Bitcoin or Doge Coin, but experts recommend making it clear in writing to employees wanting said payment to understand that these currencies are subject to market forces and potential huge losses, like those which Adams experienced. Additionally, employees should know that cryptocurrency is subject to the same IRS codes that govern securities and similar financial instruments.

Berke-Weiss Law Weekly Roundup

July 6, 2020
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Here in New York, the governors of the tri-state area have formalized a quarantine for visitors from the hardest hit states while also mooting any chance of indoor dining in the foreseeable future, which mounting research indicates is a significant source of potential infectio

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.

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