FOR IMMEDIATE RELEASE
Contact: Amy Bonderoff, Director, Development & Communications, VOLS
abonderoff@volsprobono.org, 212-966-4400
VOLUNTEERS OF LEGAL SERVICE (VOLS) SETTLES FOIL LAWSUIT AGAINST NEW YORK STATE DEPARTMENT OF LABOR
December 12, 2023, New York City – Volunteers of Legal Service (VOLS) recently settled a case brought against the New York State Department of Labor (NYS-DOL) for its failure to produce New York State Unemployment Insurance (UI) benefits documentation pursuant to a New York State Freedom of Information Law (FOIL) request. In response to an Article 78 proceeding filed in November 2022, NYS-DOL finally produced nearly 500 pages of documents after over a year of delays. The documents shed light on NYS-DOL employee training program, language access policies and other important policies impacting New York State UI claimants. VOLS and other UI advocates will use these materials to help UI claimants better navigate the NYS-DOL’s system.
VOLS Benefits Law Project frequently hears from UI claimants who are unable to access benefits due to language access, inability to reach NYS-DOL staff, misinformation, and other aspects of the filing process. In response, VOLS Benefits Law Project, led by Director Stephanie Taylor and Staff Attorney Tori Roseman, sought to review the protocols of state agency by requesting access to materials related to claimant’s experiencing delays, confusion and unfounded rejection of applications and alleged overpayments.
“Unemployment Insurance claimants deserve to know how their benefits decisions are made and to access these funds. VOLS is thrilled with this settlement and the New York State Department of Labor production of materials related to case management and employee training. With this information, the advocacy community can better advise clients on the unemployment insurance process and assist in efforts to improve the system.” – Stephanie Taylor, VOLS Benefits Law Project Director
“It is critically important that state agencies are transparent with the public about their policies and procedures. For over a year, the New York State Department of Labor repeatedly ignored and failed to comply with VOLS’ FOIL requests. They left us no choice other than to hold them accountable through the Courts. We are grateful to Latham for their hard work on this matter and happy we finally have the information we requested to better serve our clients. We hope in the future that the Department of Labor does not force us to litigate access to documents that should be freely available to any New Yorker who makes a FOIL request.” – Peter Kempner, VOLS Legal Director
Latham & Watkins LLP served as co-counsel with VOLS on the Article 78 proceeding.
“We appreciate NYS-DOL’s cooperation in producing the required documents, which will assist in helping UI claimants receive the benefits to which they are entitled.” – Leah Friedman, Latham & Watkins counsel
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About Volunteers of Legal Service (VOLS)
Since 1984, Volunteers of Legal Service (VOLS) has harnessed the power of the private bar and community-based organizations to provide free civil legal services to thousands of low-income, underserved New Yorkers. The VOLS Benefits Law Project helps low-income New Yorkers more equitably access essential public benefits to which they are entitled. For more information, visit www.volsprobono.org.
About Latham & Watkins (lw.com)
Latham & Watkins delivers innovative solutions to complex legal and business challenges around the world. From a global platform, our lawyers advise clients on market-shaping transactions, high-stakes litigation and trials, and sophisticated regulatory matters. Latham is one of the world’s largest providers of pro bono services, steadfastly supports initiatives designed to advance diversity within the firm and the legal profession, and is committed to exploring and promoting environmental sustainability.