May 20, 2020
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Americans Still Uncomfortable Returning to Work or Being in Crowds

Along with the rest of the world, we’re continuing to watch the reopening efforts unfolding. In countries like France and Iran, which have reopened in recent weeks, there have been setbacks as new outbreaks pop up; something that epidemiologists and public health experts expected.

Here in the U.S., reopening has been left largely up to choices on a state-by-state or even county-by-county basis, often with states reopening while not yet meeting CDC guidelines regarding insufficient testing regimes or too many daily cases to make contact tracing logistically feasible.

One of the major hurdles to reopening, as we have noted in previous blog posts, is ensuring that employers have taken appropriate safeguards to protect their workers. As we learn more about the virus, one thing that is increasingly clear is that many of the major outbreaks are occurring at the workplace, with significant hotspots at prisons, call centers, meat processing facilities, and warehouses where many people are crammed together in poorly ventilated areas. At the end of April, 66% of workers were not comfortable returning to the workplace.

At this point, without firm guidelines, and a Senate majority leader blocking any progress on a new round of stimulus unless employers are exempted from liability regarding workplace safety, there is still too much uncertainty regarding employees safety at work. On top of that, some states are trying to force workers off unemployment rolls by making them ineligible for benefits if they are invited back to work by the employers, regardless of whether the employers have taken COVID-specific health and safety precautions.

Ultimately in the U.S., it will be up to individuals to make these determinations. In April, the Associated Press reported that 94% of Americans were avoiding large crowds, and according to former Obama-era official Andy Slavitt, that number has barely budged, with 70% saying it will take months for them to feel comfortable in crowds of 10 or more.

Berke-Weiss Law Weekly Roundup

June 19, 2020
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In this edition, we’re looking at several employment-related stories, including more news on the childcare front, new considerations for coronavirus workplace safety, as well as some news about a project in which the Firm is participating.

Title VII Now Applies to Gay and Transgender People, the Supreme Court Rules

June 15, 2020
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In a stunning victory for LGBT employees and the movement at large, the U.S. Supreme Court has held 6-3 that gay and transgender people are protected by Title VII of the 1964 Civil Rights Act, which bans employment discrimination “because of sex.”

The Week in FFCRA Complaints

June 12, 2020
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As part of our ongoing coverage of how coronavirus is affecting workplace conditions and employment rights, we are providing a weekly summary of complaints filed to challenge alleged FFCRA violations.

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