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.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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