May 14, 2020
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Unemployment Insurance Appeal Board to Reopen Starting May 18

Beginning May 18, the Unemployment Insurance Appeal Board will reopen. It has been closed since March when the state-mandated lockdown began. This is a welcome return of due process for the many people who have been denied UI who want to contest those denials and receive unemployment funds. According to the press release, only some of the board’s offices will reopen, and all appeals will have to be made by telephone only. If your appeal is accepted you will receive a notice via the post office with the scheduled date and time for your appeal where a judge will call you.

As part of the Appeal Board reopening, several rules have been changed or modified to accommodate the dramatically different world in which we find ourselves. Both the NYS Department of Labor and the Unemployment Action Center have useful tools for understanding your rights, why you might have been denied, and your available options for appeal.

As states attempt to reopen, there will be much confusion, and we are here to provide you with information about your employment and unemployment questions and any issues you have faced, such as employers or the state threatening to deny your UI or take other actions if you refuse to return to an unsafe work environment. If you feel you are being pressured into returning to work or that your workplace is not safe to return, sign up for one of our freeconsultations.

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

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.

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