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 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.

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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