June 12, 2020
No items found.

Berke-Weiss Weekly Roundup

Welcome to another edition of the weekly roundup. In addition to our weekly roundup, we’re also hoping to highlight relevant cases being brought against employers regarding violations of the Family First Coronavirus Response Act (FFCRA). You can see that here. Now, onto this week’s roundup. This week we’re highlighting several important developments regarding a return to work and the continued federal failure to properly address workplace safety, as well as more news on the childcare front, and a thoughtful consideration about how the global pandemic could get people thinking about family values in a new light.

Eugene Scalia Grilled Over PUA and OSHA in Senate Hearings

This week, Department of Labor Secretary Eugene Scalia went before the Senate Finance Committee to discuss the prospects of extending pandemic relief beyond its July cutoff. As other writers, such as David Dayden at the American Prospect have noted, the DoL and Congress should have put automatic stabilizers on recovery rather than a hard deadline of July, 31. But we have to live with what we have now that we’re approaching the date, Congress is unsure of whether to extend relief, with Republic senators particularly keen on ending it. Another important highlight of the meeting was Scalia’s admission that the DoL has received 5,000 OSHA complaints and has only issued one citation, underscoring the DoL’s failure to create uniform guidelines for workplace safety.

Without Childcare, There Can Be No Recovery

We might sound like a broken record, but it is a cornerstone of our practice to place emphasis on how important caregiving is and how much more is needed to protect the rights of pregnant women and new parents. And even more so as working parents start to get calls to return to work. Writing this week in the Los Angeles Times, Sarah D. Wire reminds us all that “child care is still the missing ingredient for a fast recovery.” According to Wire, only hospitality industries saw a bigger hit than the child care industry, and she reports that federal employer surveys demonstrate again and again that after fears about coronavirus, lack of child care is a top reason for people not returning to work. In addition to this, it is practically a given at this point that child care slots will be deeply slashed and prices will increase sharply in order to accommodate social distancing requirements and the razor-thin margins of privatized healthcare.

Ditching the Rhetoric of “Family Values”

Finally today, we want to share a piece from Julie Kohler, Fellow in Residence at the National Women's Law Center. Kohler writes in the Boston Review that the coronavirus pandemic offers a unique opportunity to get rid of the ideological bludgeon of the two-parent, nuclear “family values” which she argues has been used for the last 40 years as a deceptive way to smuggle into our lives the total privatization of family care provision and the shaming of single and working parents. She writes:

“As various forms of public economic support for families have been systematically eroded (e.g., cuts to public higher education, the scaling back of Pell grants) and replaced by private financing mechanisms (e.g., the expansion of private student loans), family economic ties through marriage and parenthood have been strengthened. The net result is that family structure has become, along with race and gender, one of the prime sources of inequality in the United States.”

While married couples in the US enjoy thousands of legal rights and privileges, single mothers are not only vilified, but are “more likely to be poor in the United States than they are in twenty-six of twenty-nine comparable, rich democracies.” This is not because of personal failings but because our policies have failed working people. Kohler argues that as more parents, even well-off ones and especially women, face the modern imperatives of holding down a full-time job and a return of full-time child care due to coronavirus, there is hope that they will look beyond their own personal stories to realize how important universal programs for working parents and their children are.

Salary Transparency Comes to Job Listings in NYC

December 16, 2021
No items found.
On December 15, the NYC Council made it mandatory for all employers with four or more employees to provide minimum and maximum salaries on all job postings, effective April 14, 2022.

Chamber of Mothers Spreads Awareness and Advocacy for Paid Family Leave

November 18, 2021
Paid Family Leave
Chamber of Mothers is a newly formed group by moms and for moms, currently focusing on advocating for federal paid leave.

New York Extends The Meaning of Family to Include Siblings for NY Paid Family Leave (NYPFL)

November 5, 2021
No items found.
On Monday, November 1, Governor Kathy Hochul signed a law providing Paid Family Leave to individuals caring for siblings. New York already has one of the nation’s most extensive family leave programs, providing employees leave to bond with a new child, to provide care for a relative, or to provide care when a spouse, child, parent, or domestic partner are called into active military duty. The inclusion of siblings under relative coverage goes even further to protecting family’s time off when the need arises.

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.