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 Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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