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.

Berke-Weiss Law Weekly Roundup

July 6, 2020
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Here in New York, the governors of the tri-state area have formalized a quarantine for visitors from the hardest hit states while also mooting any chance of indoor dining in the foreseeable future, which mounting research indicates is a significant source of potential infectio

The Week in FFCRA Complaints

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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