May 28, 2020
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Welcome to Berke-Weiss Law Paralegal Margaret Dongyeon Lee!

When Margaret started with Berke-Weiss Law in February, shortly after graduating from Cornell’s ILR School, none of us expected to be working remotely during a pandemic. We are lucky to have her on board during this tumultuous time.

The ILR School recently highlighted some 2020 graduates, including Margaret, who had the Freshman year assignment to write letters to their future selves. Those letters were re-shared by their Professor at graduation. We are not surprised to learn that even at the beginning of her college career, Margaret valued some of the attributes we see in her now: community, curiosity, and willingness to challenge herself.

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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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