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.

Dueling Congressional Plans to Bailout US Childcare

July 21, 2020
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By now, the fact that childcare is in crisis is not new. But as the weeks creep by it is crystallizing as one of the signal problems of the pandemic lockdowns. Without childcare, which includes open K-12 schools, parents, child care workers, day care providers, and a host of others have been deeply affected. As Congress prepares to reconvene and wrangle over a new set of stimulus payments, a boost to the childcare industry is front and center.

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
Disability Discrimination
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.

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