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.”

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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