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For Berke-Weiss Law’s insights and resources about current events and their effects on employment law, see below.
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Bill to Ban Forced Arbitration in Sexual Misconduct Cases Passes the Senate

February 14, 2022
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Arbitration clauses are often buried deep in employment contracts, and many employees don’t know what they’re agreeing too or don’t fully understand what arbitration means. These clauses force employees with claims against their employer to bring them to arbitration—a private process which is often fully funded by the employer itself.

Workers Still Lack Security Despite Tight Labor Markets

February 9, 2022
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The labor market is exceptionally tight, a scenario which has converged over the last six months with what economists are calling the Great Resignation, with a record number of workers quitting in November. In the popular media, the narrative emerging from this phenomenon is one in which workers are in possession of more power than they have been for quite a while, which has resulted in an increase in wages, especially for the working class. The power, however, ultimately remains in the hands of bosses, and many workers’ experiences do not neatly coincide with the narrative.

Workplace Conflict Over Mask Wearing at the Supreme Court

February 2, 2022
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Covid workplace safety at the Supreme Court became a story at the end of January, as Justice Sotomayor participated in arguments from her office, while Justice Gorsuch remained unmasked.

Sarah Palin dined indoors while unvaccinated— but what will the City do to the restaurant?

January 28, 2022
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The focus has been centered on Palin’s bizarre and abhorrent choice to expose those around her to the disease, but it bears examining the potential steps the City might take against the restaurant’s owners, who allowed her to dine inside.

Variants Mean Parents Need More Help

January 28, 2022
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Although the current Omicron wave appears to be cresting in many parts of the country, the fact remains that there will likely be more waves in future months, many of which will deeply affect parents and other caregivers.

Mayor Adams to Continue NYC Vaccine Mandate

January 10, 2022
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There were questions about whether New York City’s new mayor, Eric Adams, who assumed office on New Year’s Day, would extend the vaccine mandate instituted by his predecessor, Bill De Blasio, but they have been answered in the affirmative, with Adams confirming during a weekday Covid presser that the private employer vaccine mandate would continue.

Middle Management Has Millennials Singing the Blues

January 7, 2022
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Millennials are the “hustle” generation. And, just as they are discovering about the treacherous slopes of homeowning, those who are entering middle management are learning that extreme striving doesn’t necessarily lead to a satisfying work life.

Updates to New York State Whistleblower Law

January 5, 2022
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On October 28, 2021, Governor Kathy Hochul signed an amendment expanding the New York Whistleblower Law—§740 of the Labor Law, increasing workplace protections against retaliation for private-sector employees while increasing employer liability.

NY State Mask Mandate Returns

December 22, 2021
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In light of the Omicron threat, New York State has resumed its mask mandate, stipulating that all businesses that are open to the public and do not require proof of full vaccination must require everyone to be masked.

Here’s Why Justice May Demand That Harvey Weinstein Goes Free

December 20, 2021
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On Wednesday, December 15, the Appellate Division, First Department of New York State heard arguments regarding the appeal of Harvey Weinstein’s criminal conviction for rape and assault. Read Senior Associate Alex Berke’s Daily Beast article about why overturning Weinstein’s conviction may be the just thing to do.

NYC Releases Guidance on Vaccine Mandate for Private Sector

December 17, 2021
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On December 27, 2021, all workers who either work in-person or who have significant daily contact with the public will need to show proof of vaccination, as required by Mayor De Blasio’s emergency executive Order 317.

Salary Transparency Comes to Job Listings in NYC

December 16, 2021
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On December 15, the NYC Council made it mandatory for all employers with four or more employees to provide minimum and maximum salaries on all job postings, effective April 14, 2022.

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