April 1, 2021

Employees in New York State Given Leave for Vaccination

In a bid to improve the state’s vaccine rollout, which, like many states, has been hampered by delays, software problems and vaccine skepticism, the New York Governor Cuomo signed state assembly legislation in mid-March granting all public and private employees paid time off to receive Covid-19 vaccinations. According to the language of the bill, employees are eligible for up to four hours of excused leave for each injection they receive. This excused leave does not affect any other accrued leave an employee might have already.

The hope is that providing time off will encourage more people to get vaccinated without fear of using up hard-earned leave time. More recently, the state expanded eligibility to all residents 30 and older, but scheduling problems remain a headache for many. On April 6, the state plans to follow other states in opening eligibility to all residents 16 and older.

Below is more specific information for employees and employers. The law stipulates that:

  • Employees are to receive normal pay rate for vaccine appointment leave;
  • Employees are granted “a sufficient period of time” to get each injection;
  • Employers cannot require employees to use already accrued leave time for vaccinations.

The Week in FFCRA Cases Includes Multiple Worker Complaints in the Food Supply Sector

July 17, 2020
Disability Discrimination
The three cases highlighted in this weeks’ FFCRA complaint roundup include two filed by plaintiffs working in restaurants and another from a plaintiff employed in food distribution. Because the entire food supply chain has been deemed essential, workers in the industry have little ability to leave work to care for sick family members or children since the childcare industry cratered.

Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

July 15, 2020
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Berke-Weiss Law answers some questions on many New Yorkers’ minds right now in Law360: 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?

New Study Finds Sexual Harassment Pervasive in the Legal Professions

July 15, 2020
Sexual Harassment
Taking a break from the wall-to-wall imperative that is coronavirus, we wanted to highlight a new study about workplace cultures in the legal practice. Conducted by the Women Lawyers on Guard, the study Still Broken: Sexual Harassment and Misconduct in the Legal Profession shows that sexual harassment plagues women at all levels of the legal profession, from early-career lawyers to judges, and everyone in between.

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