March 16, 2023
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Manhattan District Attorney’s Office Creates the Worker Protection Unit to Prosecute Wage Theft and Other Employee Harassment and Exploitation

On February 16, 2023, Manhattan DA Alvin Bragg announced the creation of the first ever Worker Protection Unit. The Unit is tasked with investigating and prosecuting wage theft and other employer violations in industries ranging from hotels and healthcare facilities to restaurants and fast-food businesses. The Unit will also enforce workplace safety labor laws and pursue charges ranging from reckless endangerment to manslaughter when an employer creates dangerous or deadly work environments.

The press release notes that wage theft in New York accounts for approximately $1 billion in lost wages each year, leaving tens of thousands of workers affected. As such, Bragg announced the creation of the Stolen Wage Fund, an initiative financed through the D.A.’s Criminal Justice Initiative. Victims of wage theft will have the opportunity to recoup their losses after a criminal case has concluded and case-related restitution has already been distributed. 

The D.A.’s office also clarified that “the Department of Labor will vet claims and calculate stolen wages, which the D.A.’s Office will then distribute to claimants. Claims must be for work performed in Manhattan, reported within one year of a criminal conviction for theft, and filed under penalty of perjury. The Office will assess the success of this pilot fund after one year and will commit to additional funding as appropriate.”

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

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.

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