June 12, 2020
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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.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

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