May 29, 2020
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The Berke-Weiss Law Weekly Round-Up

Welcome to what we hope will become a weekly feature, in which we round up stories related to our practice that caught our eye. It’s important that we acknowledge that coronavirus has accentuated already deep and persistent issues in employment law in general, and our particular interests, such as pregnancy and parental leave. However, the crisis has only exacerbated them and we hope to call attention to them not simply so we can think about them, but so we can work together to develop tools and other means to make a post-coronavirus world one where workers’ concerns are heard.

Greater Effect on Unemployment for Women

The Hill has a feature this week that dives into the most recent batch of unemployment numbers, and the outlook is not good, especially for women. According to the research, women outpace men in unemployment by 10 points. Much of this can be attributed to the fact that the industries that were most severely affected, such as childcare, retail, hospitality, and other service-centered industries. However, even in professional fields, where women hold only 46% of jobs, they accounted for 56% of the layoffs.

Bailout for Childcare?

Meanwhile, writing in the New York Times, Claire Cain Miller asks if the childcare industry should receive a bailout. In April, we sounded the alarm with a blog post that described how devastating coronavirus had already been to workers who had lost their childcare options, and now the entire industry is teetering on the brink. However, instead of politicians trying to pass much needed legislation that would create a federal guarantee for childcare for all children, they are considering an industry-wide bailout, with Republican senators proposing a $25 bailout in the next pandemic package for private childcare providers while congressional Democrats are asking for $50 billion to be distributed as the Childcare and Development Block Grant. 

How Are Working Parents Coping?

And finally, Caroline Fairchild asks where is the mental health support for working parents during the pandemic? Coming out of a recent survey by Fairchild and others, the LinkedIn editor pulled out some important facts about how parents are coping with the added stress. She notes that even though mental health was already a problem pre-pandemic, and caregiving options affected significantly by the closures of schools and other facilities, 74% of the largest cohort of working parents, millennials, are stressed at work. Additionally, 60% of respondents reported that their employers had not made accommodations, such as changing schedules so workers could provide childcare. In addition to highlighting the numbers, Fairchild also spoke with a panel of mental health professionals about the issues.


With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

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