May 26, 2020
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A Majority of Americans Support Employment Benefits for Gig Workers

Week after week brings news of millions more Americans joining the unemployment rolls, but according to a new poll undertaken by Data for Progress, Americans, including a majority of Democrats and Republicans, believe that independent contractors, freelancers, and those working in the gig economy, such as ride-hail drivers and delivery people working for app-based services like Door Dash and Instacart deserve some of the same employment protections already given to salaried employees.

As the study reminds us, unlike most other developed nations, and many developing nations, the United States lacks universal social welfare programs, whether it is health or unemployment insurance, parental leave, or accessible housing. And such a reminder is all the more germane as coronavirus exposes just how many workers are shut out of traditional state unemployment schemes. 

We need look no further at the chaos that surrounded the lockdown in New York State where much of the economy relies on many non-traditional workers, whether it’s food delivery or graphic design. In addition to being unable to handle the sheer scale of unemployment, the Department of Labor had no response to such profound employment losses outside state-covered work, leaving it to scramble for answers, which included Pandemic Unemployment Insurance, a program that is set to end in July and is already under attack from Congress and GOP think tanks.

However, according to Data for Progress, there is bipartisan support for including gig workers and freelancers in a number of protections. Some of the other important findings from the poll include:

  • 62% support policies that would give gig workers the same job protections and benefits as traditional employees;
  • 60% support for gig workers having access to employer-sponsored health plans;
  • 64% support for providing gig workers with the same minimum wage protections as traditional employees;
  • 65% support for gig workers to be included in the workers compensation insurance system.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

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