May 19, 2020
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Culture Wars, Not Class Struggle, at the Root of Anti-Lockdown Protests

Don’t let the sensationalism of anti-lockdown protests or the excessive media reporting on them give you the wrong impression. The protests, attended by a loose affiliation of tea-party types, anti-vaxxers, and right wing paramilitary groups, and financed by dark money, represent the opinions of a vanishingly small number of Americans. In fact, an overwhelming number believe that the lockdowns and other measures meant to slow the spread of the novel coronavirus are a good thing.

But whereas the media outlets, politicians and protestors all claim that these protests represent the will of the working class, polls have repeatedly shown that the less income you have, the more likely you are to be concerned about infection. The major problem is not the lockdown policies, then, but the twin problems of governments not doing enough to ensure working people are protected during this time and private employers not taking the appropriate steps to ensure those workers deemed “essential” have safe work environments.

We have written several times already about the terrible choices that fall on working families, and disproportionately on women of color, are being forced to make between making rent and feeding their families or prioritizing their families’ health and safety. Although Pandemic Unemployment Assistance payments can help alleviate some of this strain for some, for many fear of evictions, utility shut-offs, and uncaring landlords or mortgage remains an overriding concern.

Additionally, employees who are required to return to or remain at work are deeply concerned that their workplaces are not safe. A new wave of strikes is hitting the nation this week as more warehouse, delivery, meat processing, and health care workers struggle to shine a spotlight on workplace safety and the broken promises of employers who are eager to return to business as usual, even at the risk of facilitating future outbreaks.

So, while mainstream media tries to sensationalize anti-lockdown protests and conflate them with the struggles of working class people, it is important to remember, as Sarah Jones recently pointed out, that these protests are more a continuation of Obama-era culture wars than they are about working class struggle for employment rights and safety.

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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