April 29, 2024

Laurie Berke-Weiss Participates in NYU Law School Student's Presentation, "Clawback Across the Country"

Laurie Berke-Weiss recently was a commentator for a presentation by Samuel Ball, a 2L at NYU Law School, about his paper, “Clawback Across the Country”, a nationwide survey of “[c]ommon-law compensation forfeiture, which allows employers and others who have hired agents to recoup compensation paid to employees (or agents during a period where they have breached their duty of loyalty.…”. Sam’s paper includes an analysis of the “faithless servant doctrine” which is applied in New York to all employees.  The presentation can be viewed using this link, along with a draft of the paper.

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

February 28, 2022
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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.

Bill to Ban Forced Arbitration in Sexual Misconduct Cases Passes the Senate

February 14, 2022
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Arbitration clauses are often buried deep in employment contracts, and many employees don’t know what they’re agreeing too or don’t fully understand what arbitration means. These clauses force employees with claims against their employer to bring them to arbitration—a private process which is often fully funded by the employer itself.

Workers Still Lack Security Despite Tight Labor Markets

February 9, 2022
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The labor market is exceptionally tight, a scenario which has converged over the last six months with what economists are calling the Great Resignation, with a record number of workers quitting in November. In the popular media, the narrative emerging from this phenomenon is one in which workers are in possession of more power than they have been for quite a while, which has resulted in an increase in wages, especially for the working class. The power, however, ultimately remains in the hands of bosses, and many workers’ experiences do not neatly coincide with the narrative.

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