February 28, 2022
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Cryptocurrency as Wages? NYC Mayor Eric Adams Buys In, But It’s Not That Simple.

         

When New York City Mayor, Eric Adams, announced he was taking his first three paychecks in the form of Bitcoin, it might have been a publicity stunt, and one that backfired as Bitcoin prices took a nosedive, but it has highlighted a new means of employee compensation that is potentially on the horizon. 

Mayor Adams was not alone in this stunt. The mayor of Miami also took compensation in the form of Bitcoin and has been pushing to pay city employees in the digital currency as a bid to make Miami a cryptocurrency hub, similar to New York’s Adams. 

But, if you dig a little deeper, you’ll see that things aren’t as clear cut as these mayors are making it out to be. For one, the City of New York did not purchase Bitcoin and pay the mayor. Instead, Adams transferred his paycheck and into a “digital wallet” with Coinbase, a cryptocurrency exchange, and then bought Bitcoin and another cryptocurrency, Ethereum.

Why did Adams make a big deal out of being paid in cryptocurrency only to get a traditional paycheck? PR aside, it’s due to the federal Fair Labor Standards Act, which prohibits employers from paying base salaries in anything other than a fiat currency, that is, a currency issued by a sovereign government. 

Things like bonus compensation could be distributed in a non-fiat currency, such as Bitcoin or Doge Coin, but experts recommend making it clear in writing to employees wanting said payment to understand that these currencies are subject to market forces and potential huge losses, like those which Adams experienced. Additionally, employees should know that cryptocurrency is subject to the same IRS codes that govern securities and similar financial instruments.

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.

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.

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