Kovel Law Chronicle vol. 1: Could I Have Played a Role in Preventing the Next Thurgood Marshall From Becoming a Lawyer? A Note About My White Privilege and Racism.

Daniel Kovel • April 13, 2021

Kovel Law begins its journey as a law firm during a very significant time for New York City and me personally. George Floyd, Breonna Taylor and Ahmaud Arbery (among many other Black people) have been horrifically killed by police and former police in our country. New York City is protesting, grieving and mourning a relentless loss of Black life due to racism and police brutality. One of the many results of the protests and outpouring of grief is that many New Yorkers have begun the uncomfortable and difficult process of better understanding the effect that the daily exercise of their own privilege (itself a form of racism) has had on marginalized communities in our City.

I am one of those New Yorkers.

I admit that I have recently spent a significant amount of time in an internal debate about what my actions say about me. Does a career spent in public service, then advocating for the benefit of affordable housing and the rights of victims of discrimination and retaliation count for something? I know immediately that even if it does, it is not enough. As a White, straight, cis-gender male and non-disabled person, my privileges have played a critical role in obtaining essential food, health care and education without threat of violence or scarcity.

I have been insulated and supported by other White people with even greater privilege and access. I sought out this insulation and support. It is expected that I seek out these connections.

I now clearly understand that my White privilege has made success less difficult to achieve, including becoming an attorney and being able to start this law firm. I understand that by exercising these privileges, I have denied access and resources to others, including the Black, Indigenous and People of Color communities. The butterfly effect of my privilege opening the door of opportunity for me is that the opportunity was not there for someone else. Most likely a person of color. That person may have very well been more qualified than me and could have done more with the opportunity I received. My seat in the undergraduate and law schools I attended were filled by me. The position at the law firm who hired me was occupied and no longer available. In that way, could I have played a role in preventing or stalling the career of the next Thurgood Marshall? I surely hope not, but I will never know.

The problem is compounded by the sinking feeling that I could have done more to advocate for Black people along the way. I did not do enough to reopen the door of opportunity for those communities. Instead I focused on my own professional development. I identify all of these realities as major problems that I intend to address.

So I begin the process of finding a way forward by taking stock in myself and Kovel Law. As such, from the inception of Kovel Law, I humbly affirm and take responsibility to listen, learn and receive continued education in BIPOC legal and workplace issues. I intend to better understand the needs of other marginalized communities, including communities of other non-White races, non-American national origins, the LGBTQ+ community, the disabled community, women and pregnant women, the community of our older and more experienced workforce, and all other marginalized communities that I intend to serve. This is just a start, and I know that education and listening alone will not be good enough. As a member of the Bars of the State and Federal Courts of New York City, I also recognize my responsibility to advocate for these underrepresented communities. My firm will humbly seek out ways to do so, with or without compensation. Let me know if you have ideas about how I and Kovel Law can better serve these communities.

In short, I will not just say sorry once for the effect my white privilege has had on others. I endeavor to use it to create positive change for marginalized freelancers, solo-entrepreneurs and employees in New York City.

In solidarity,

Daniel H. Kovel, Esq.
Founding Member

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By duda August 1, 2024
Navigating work leave interference in New York City can be challenging, but understanding your rights can help ensure you're treated fairly. Whether you're an employee or a freelancer, it's crucial to know what protections you have and what steps you can take if you face issues with taking leave. Understanding Work Leave Interference Work leave interference happens when an employer denies or restricts your ability to take legally entitled leave. In NYC, employers are required to follow specific statutes that protect your right to leave for medical or family reasons. Here's what you need to know: 1. Interactive Process Requirement NYC employers cannot deny your medical leave outright. They must engage in an interactive process with you to understand your need for leave and determine a suitable accommodation. This means they should discuss with you any potential adjustments or alternatives that allow you to take your leave without disrupting the workplace unduly. 2. Protected by Statutes Employees in NYC are protected by several statutes, including the Family and Medical Leave Act (FMLA), the NYC Paid Safe and Sick Leave Law, and the Americans with Disabilities Act (ADA). These laws ensure that you can take leave for specific reasons without fear of job loss or retaliation. Reasons covered include: Serious health conditions Maternity or paternity leave Caring for a family member with a serious health condition Domestic violence or sexual assault recovery 3. Types of Leave Covered Only certain types of leave are covered under these protections. For instance, the FMLA allows up to 12 weeks of unpaid leave for eligible employees, while the NYC Paid Safe and Sick Leave Law provides paid leave for specific circumstances. Understanding which types of leave are protected is crucial in asserting your rights. Rights of Freelancers If you're a freelancer, the landscape is slightly different. Freelancers typically don't have the same protections under traditional employment statutes. However, there are still steps you can take: 1. Contractual Agreements Ensure your contracts include clauses that address leave and accommodations. Clear terms in your agreements can provide a framework for requesting leave without jeopardizing your work relationship. 2. NYC Freelance Isn’t Free Act This act provides some protections for freelancers, particularly regarding timely payment and contract enforcement. While it doesn't directly cover leave, it can empower you to negotiate terms that include leave provisions. 3. Seek Legal Advice If you face challenges in taking leave, consulting with a legal professional can help you understand your options and rights. Legal advice can be invaluable in navigating disputes or negotiations with clients. Take Action Understanding your rights is the first step toward ensuring fair treatment. If you believe your right to take leave is being interfered with: Document Everything: Keep records of your communications and any interactions regarding your leave request. Engage in the Interactive Process: Actively participate in discussions with your employer about your leave needs. Seek Legal Help: If necessary, consult with a legal professional to explore your options. By knowing your rights and taking proactive steps, you can ensure that your needs for medical or family leave are respected and accommodated. Schedule a Consultation with Kovel Law PLLC today to discuss your specific situation and ensure your rights are fully protected. Our experienced team is here to help you navigate these complex issues with confidence.
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By Daniel Kovel April 13, 2021
The answer to the question I posed in the title of this post is BECAUSE YOU ARE AWESOME WORKERS! But there's also an inherently business-centered reason. Those of you who perform your work in New York City are relatively well protected by local laws (which I will dive into in greater detail in future posts)