April 25, 2023

Law360 Covers Berke-Weiss Law's Successful Defeat of Motion to Dismiss in Unpaid Wages Case

On April 17, 2023, U.S. District Judge Lewis J. Liman denied a motion by Defendant nonprofit organization FCBC Community Development Corporation who sought dismissal of Plaintiff Kyndra Frazier’s wage claims. Judge Liman held that Plaintiff Kyndra Frazier, represented by Senior Associate Alex Berke, can proceed with the wage action against her former employer because she sufficiently claimed that although she was a Pastor, she was also employed in a secular capacity. Berke-Weiss Law's successful defeat of defendant's motion to dismiss allows Plaintiff Kyndra Frazier to proceed with her claims in the Southern District of New York.

Law360 covered the decision, read Caleb Drickey’s article about the denied motion here.

This Week in FFCRA Complaints: Dismissals While Seeking Paid Leave

September 11, 2020
Leave
Disability Discrimination
It appears employers continue to terminate workers who are supposed to be protected under the FFCRA. This week, we’ve highlighted several cases where employees were waiting for test results or already diagnosed with Covid-19 and subsequently fired when seeking paid leave.

The Berke-Weiss Law Weekly Roundup: A nurse fights for safer workplaces

September 8, 2020
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There was some decent news this week in the employment outlook, depending on how you look at it. The positive is that roughly 1.37 million jobs were added this week and the unemployment rate dropped to 8.4 percent. The negative is that nearly 20 million Americans remain unemployed and of those 1.37 million jobs added over 230,000 hires are census workers, who will be out of a job shortly.

Too Early Retirement

September 1, 2020
Gender Discrimination
Race Discrimination
For some, early retirement is a chance to do something else, to spend more time with family, or pursue a passion put off by work. But for others, early retirement, also known by the euphemistic “involuntary separation,” has been an unwelcome occurrence and reminder of people’s status within the workforce, and this trend has been increasing in recent times.

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