July 15, 2020
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Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

Since the killing of George Floyd, as a firm we have made an effort to both learn and contribute our expertise to the necessary and ongoing conversations about racism and discrimination in our country. 

As a part of this effort, we wanted to help answer some questions on many New Yorkers’ minds right now: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace? 

We are excited to share that our research on these topics has been published by Law360 in an article entitled, “When NY Worker Free Speech Rights And COVID-19 Collide,” which examines employee protections under New York Labor Law § 201-d and the latest Covid-19 guidance from the U.S. Equal Employment Opportunity Commission. 

When NY Worker Free Speech Rights And COVID-19 Collide - Law360

By Alexandra Berke, Kacie Candela and Margaret Lee Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters.

The Rhetoric of Choice Obscures Our Social Obligations to Parents

January 30, 2020
Paid Family Leave
FMLA
Pregnancy Discrimination
Leave
Who should foot the bill or take responsibility for social reproduction as more women were pressed into the workforce, government or the individual? In the US, the answer was resounding: the individual. And this has had significant consequences for working parents since. By placing the responsibility on the individual, almost always the mother, parents have been in a bind for decades and any "choices" available reside in an astonishingly thin sliver of options constrained by structural inequalities

NYC Commission on Human Rights Clarifies Work Protections for Independent Contractors and Freelancers

January 30, 2020
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New York City's Commission On Human Rights has published new information for freelancers and contractors working in the city.

Female Flight Attendants and Pilots File Discrimination Suit Against Frontier Airlines, Alleging Discrimination against Pregnant and Nursing Mothers

January 13, 2020
Gender Discrimination
Pregnancy Discrimination
Two lawsuits were filed against Frontier airlines alleging that the Company required pregnant employees to suspend work duties months before they were scheduled to give birth, forcing employees to use their vacation days in lieu of paid time off, take unpaid maternity leave without Frontier providing alternatives for work, and refuse to accommodate breastfeeding and pregnant workers.

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