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.

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?

New Study Finds Sexual Harassment Pervasive in the Legal Professions

July 15, 2020
Sexual Harassment
Taking a break from the wall-to-wall imperative that is coronavirus, we wanted to highlight a new study about workplace cultures in the legal practice. Conducted by the Women Lawyers on Guard, the study Still Broken: Sexual Harassment and Misconduct in the Legal Profession shows that sexual harassment plagues women at all levels of the legal profession, from early-career lawyers to judges, and everyone in between.

The Berke-Weiss Law Weekly Roundup

July 10, 2020
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Welcome to the Weekly Roundup for the week of July 6. If you’ve gone anywhere near the news this week, you’ll know that the South and West are spiking and states from Florida to California are reversing course and even considering new lockdowns.

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