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 Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

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
Leave
Disability Discrimination
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.

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