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

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.