May 29, 2020
No items found.

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 Michael Bloomberg in the Race, It's Time We Talk About NDAs (again)

February 25, 2020
Pregnancy Discrimination
Sexual Harassment
In 2018, Governor Cuomo signed a law that banned many NDAs and mandatory arbitration for complaints, but some activists and policymakers argued that the state had focused too narrowly on sexual harassment, and the 2019 laws expanded the 2018 laws to include protections against NDAs in other forms of workplace discrimination.

The Postpartum Ad the Oscars Wouldn't Run

February 24, 2020
Pregnancy Discrimination
Paid Family Leave
Sometimes reality is too real for Hollywood and the culture machine, as was demonstrated when ABC and the Academy decided not to air an ad dealing straightforwardly with the reality of postpartum life. The ad for Frida Mom, a retailer in the baby and new mother field, depicted a women confronting in a realistic manner the stress and changes that occur for new mothers.

Associate Alex Berke quoted in Mother Jones on Defamation and Sexual Harassment

February 18, 2020
Sexual Harassment
Alex Berke, an employment lawyer in New York, says she asks men what their goal is when they come to her after being accused of sexual harassment. Will a lawsuit really stop people from talking about them?

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.