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.”

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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