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

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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