April 25, 2023

Law360 Covers Berke-Weiss Law's Successful Defeat of Motion to Dismiss in Unpaid Wages Case

On April 17, 2023, U.S. District Judge Lewis J. Liman denied a motion by Defendant nonprofit organization FCBC Community Development Corporation who sought dismissal of Plaintiff Kyndra Frazier’s wage claims. Judge Liman held that Plaintiff Kyndra Frazier, represented by Senior Associate Alex Berke, can proceed with the wage action against her former employer because she sufficiently claimed that although she was a Pastor, she was also employed in a secular capacity. Berke-Weiss Law's successful defeat of defendant's motion to dismiss allows Plaintiff Kyndra Frazier to proceed with her claims in the Southern District of New York.

Law360 covered the decision, read Caleb Drickey’s article about the denied motion here.

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The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

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.

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