April 20, 2020
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Domestic Worker Rights in the Pandemic

The hardest hit demographic during the coronavirus pandemic has been the world’s elderly population, but what can be missing from the reporting is the precarious employment of many domestic workers and senior caregivers whose work has been affected by the lockdowns. Take for example this article in the New York Times about a domestic caregiver in Florida. 

Melissa L. St. Hilaire is a home care aide who had been working for the same client, a 95 year old woman, for five years. But when the pandemic hit the client’s daughter terminated St. Hilaire’s employment over fear of the virus. This alone was shocking as St. Hilaire had been with the same client for so long. She felt part of the family and to be dismissed summarily hurt.

But beyond the emotional pain, there are serious employment and social ramifications for St. Hilaire as well. Her wages came to $80 a day, and like many care workers, St. Hilaire’s pay never afforded her the opportunity to save. This has put her, like so many, in a precarious position. She had to stop paying rent and what little money she did have is going to feed herself and her family. While the National Domestic Workers Alliance is trying to raise money to be able to provide $400 to every domestic worker, this, like the CARES Act stimulus, is simply not enough to live on. 

In New York State, domestic care workers do have certain employment rights aimed at protecting themselves from this exact situation. Domestic care workers are eligible for unemployment insurance in New York, and we encourage those who have been laid off to apply. If you work directly for a family and they pay you more than $500 per quarter, they must make contributions to the state’s unemployment insurance fund. Agency employees receive similar benefits and protections, depending on the size of the agency. If the family has not been paying their domestic worker on the books, they may be able to go back and do so now, to allow them to receive unemployment benefits and minimize potential penalties.

During this time, you may also be eligible for Pandemic Unemployment Assistance, which we have outlined here.

If you are a domestic worker who is unsure about your rights, we encourage you to visit the Department of Labor website, which hosts the Domestic Worker Bill of Rights, as well as fact sheets for workers and employers

Health Care Workers Bring Suit Against OSHA over Pandemic Rules

November 2, 2020
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A large coalition of union-represented workers in health care and education are pressing the Ninth Circuit Court to require the Department of Labor to direct its Occupational Safety and Health Administration (OSHA) to put a rule into effect which has been batted about since the scare of H1N1 in 2009.

New York Metro Super Lawyers Recognizes all Berke-Weiss Law Attorneys

November 2, 2020
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Berke-Weiss Law PLLC is excited to announce that all of our lawyers were once again recognized by Super Lawyers in 2020.

Breastfeeding in the Era of Zoom

October 22, 2020
Pregnancy Discrimination
In the era when many office jobs and classrooms have transitioned to video conferencing software and the home/work boundary continues to blur, discomfort around breastfeeding has become a source of major contention. Case in point is a recent story that caught our attention involving a student at Fresno City College, who was publicly called out by her professor for simply asking if she could turn her video off during a lecture to feed her 10-month old.

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