April 22, 2020
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NYS Unemployment Application Update

As promised, we have been following updates to the New York State Unemployment Insurance system as department officials try to keep up with the staggering number of claims being filed as the lockdown persists. After an avalanche of complaints regarding technical issues and the inability to reach representatives to complete Pandemic Unemployment Assistance (“PUA”) applications, the state has rolled out a new, streamlined application process for those eligible for PUA.

Now, applicants who are eligible for PUA no longer have to go through the federally-mandated process of first applying for traditional unemployment insurance, just so they can wait to be rejected and then apply for PUA. Instead, you should go to the application site, here and follow the instructions. You still need to create a ny.gov id, and unfortunately, undocumented workers remain barred from accessing these funds.

An important note: if you have already filed for UI or the PUA before it was updated, do not start a new application.

If you have any questions about the status of your application or other information, you should contact the DOL, which has hired 3,100 additional representatives to address the caseload.

You can check out our previous blog post on applying for unemployment benefits here.

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 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.

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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