January 30, 2020

The Rhetoric of Choice Obscures Our Social Obligations to Parents

The concept of "choice" is one that has significant effect on many core issues US politics and economics, whether it's abortion, education, or childcare. As Claire Cain Miller pointed out recently in a piece for the New York Times's Upshot, choice appeals to deeply rooted American values, such as individualism and liberty. But the rhetoric of "choice" obscures structural obligations and inequalities that narrow, limit, and in many cases preclude Americans' ability to make positive choices.

Miller's article deals specifically with parenting and how it collides with other obligations people face. In the '80s, a greater number of middle class women entered the workforce in response to economic and social changes in the US. These changes included slowing manufacturing sectors, a significant uptick in college education, and changing concepts of family structure. Miller notes  that these changes raised questions about how to deal with the increased conflict between social reproduction, i.e. raising a family, and the economic obligations of paying the bills in a more precarious and expensive world. Specifically, the question was who should foot the bill or take responsibility for social reproduction as more women were pressed into the workforce, government or the individual?

In the US, the answer was resounding: the individual. And this has had significant consequences for working parents since. By placing the responsibility on the individual, almost always the mother, parents have been in a bind for decades and any "choices" available reside in an astonishingly thin sliver of options constrained by structural inequalities. No strong federal parental leave laws on the books leaves no "choice" at all for a new mother or parents. Without universal preschool or childcare options, they can leave work and hope a single income is enough to get by until kindergarten; hardly an option for single mothers. Moreover, studies have shown that leaving the workforce to perform childcare is a leading explanation for the gender wage gap. 

What would a real choice mean in this context. Actually, it would mean not having to choose between being a parent and working. Instead it would mean ensuring that parents could take paid parental leave and be assured that when they returned to the workforce they would not be penalized for it. It would mean appropriately compensating childcare workers. It would mean providing parents with real workplace protections and requiring parental access to care facilities at work. 

The Berke-Weiss Law Weekly Roundup: School Reopenings and Employer Liability among Hot-button Issues

July 17, 2020
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This week includes updates on the latest roadblocks at another round of stimulus, which remains necessary as more than 30 million Americans remain out of work, officially, and countless more are shut out of the social welfare programs offered in the US. We also highlight school re-openings and general Covid risk analysis.

The Week in FFCRA Cases Includes Multiple Worker Complaints in the Food Supply Sector

July 17, 2020
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The three cases highlighted in this weeks’ FFCRA complaint roundup include two filed by plaintiffs working in restaurants and another from a plaintiff employed in food distribution. Because the entire food supply chain has been deemed essential, workers in the industry have little ability to leave work to care for sick family members or children since the childcare industry cratered.

Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

July 15, 2020
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Berke-Weiss Law answers some questions on many New Yorkers’ minds right now in Law360: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace?

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