April 29, 2024

Laurie Berke-Weiss Participates in NYU Law School Student's Presentation, "Clawback Across the Country"

Laurie Berke-Weiss recently was a commentator for a presentation by Samuel Ball, a 2L at NYU Law School, about his paper, “Clawback Across the Country”, a nationwide survey of “[c]ommon-law compensation forfeiture, which allows employers and others who have hired agents to recoup compensation paid to employees (or agents during a period where they have breached their duty of loyalty.…”. Sam’s paper includes an analysis of the “faithless servant doctrine” which is applied in New York to all employees.  The presentation can be viewed using this link, along with a draft of the paper.

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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.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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