December 21, 2020

Emergency Paid Leave and Sick Days under Fire in New Stimulus Negotiations

As Congress races to finalize a new round of stimulus for the nation, stricken at the moment with the winter surge that epidemiologists predicted, workers are under threat of losing access to paid emergency leave as well as paid sick days. According to the National Partnership for Women & Families, allowing such provisions to expire would be a grave mistake. 

In a press release, the National Partnership warned that, although there is some funding for child care and expanded unemployment, losing the flexibility provided by the FFCRA emergency leave provisions enacted in the spring would be extremely detrimental to workers facing school closures and an increased risk of Covid-19 exposure as the winter progresses. As we have pointed out, the FFCRA has provided much needed protections and assistance to workers struggling to handle family emergencies as well as employment issues affected by the pandemic.

The National Partnership’s statement also highlights how abandoning these protections would impact poor and working mothers as well as minorities disproportionately. We will be keeping an eye on developments here and echo the concerns noted by the National Partnership.


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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