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.

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.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.