June 19, 2020
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Berke-Weiss Law Weekly Roundup

It’s been a big week for the law profession with a host of Supreme Court cases decided, but we’re focusing on things closer to home. In this edition, we’re looking at several employment-related stories, including more news on the childcare front, new considerations for coronavirus workplace safety, as well as some news about a project in which the Firm is participating. Welcome once again to the weekly roundup. 

Will We Recognize Childcare Post-Coronavirus?

In New York Magazine, staff writer Sarah Jones has a fascinating take on what childcare in the United States might look like in the post-coronavirus world. According to Jones, things are already looking different, with day care workers scanning children for fevers (new) before they enter the building and emphasizing hand-washing and sanitizing (good practices for any person). Some care workers, such as Helana Pennywell are fortunate enough to be part of SEIU’s Carina directory, which connects essential workers with day care facilities. But for many, day care workers, their livelihoods are not coming back any time soon. The National Association for the Education of Young Children estimates that between 30 and 50 percent of childcare workers are either furloughed or on unemployment. What comes next is anyone’s guess and Jones highlights several initiatives, including NDW’s Domestic Worker Bill of Rights, which was recently introduced by Senator Kamala Harris and Congressperson Pramila Jayapal.

Parents and Day Care Operators Are Trying to Adapt

For many parents, however, what comes next is still too far in the future, and they worry about the here and now. Emily Sohn, documents the numbers on the private childcare industry and what parents are trying to do to cope with sudden closures and the upending of their lives. Important new information in the article includes the extent to which large child care providers have shuttered locations and the devastating effect this has had on rural childcare, an issue that has gotten less attention. Already thin margins are getting even thinner as those facilities that have remained open have seen costs boom for supplies like sanitizer and services like enhanced cleaning.

What You Need to Think About When You Think About Reopening

Over at the National Law Review, a new article out this week provides guidelines and considerations for employers considering reopening in New York State as well as a run-down on what the various phases of reopening entail, from who can reopen when and what local, state, and federal guidelines need to be followed. They also give a breakdown of industry-specific considerations for construction, retail, manufacturing, and wholesale trade.

Coronavirus Bursts the Bubble on Several Myths in the Legal Profession

From Lexology comes an article addressing several of the important myths the legal profession tells itself that have been exposed by the pandemic, all of which have significant impact on women’s success in the industry: the necessity of facetime for climbing the ladder, the belief that flexible hours impede productivity, and being an effective lawyer must be done in person. All three, it turns out, are not necessary for succeeding in the profession, something we may not have tested or confronted for who knows how long if it weren’t for the pandemic and the rapid shift to non-traditional schedules and a whole lot of Zoom calls. While we’d hoped it wouldn’t take a global pandemic to make people realize this, this is a definite silver lining and one from which we can build a more equitable and inclusive profession.

Firm to Participate in a 21-day Racial Equity Habit-building Challenge ©

And finally, we are participating in a 21-day challenge to acknowledge and consider everyday habits that contribute to our understanding of “race, power, privilege, supremacy and oppression.” The ABA has called on all Labor & Employment Law Section members to join up. The challenge consists of a 21-day syllabus of assignments that “seek to expose participants to perspectives on elements of Black history, identity and culture, and to the Black community’s experience of racism in America.”

DOL Revises FFCRA after Southern District Invalidates Four Sections

September 18, 2020
Paid Family Leave
The Department of Labor revisions to FFCRA, which went into effect on September 16, 2020, have been widely anticipated and it is hoped that they will reduce some of the issues surrounding paid leave and employees qualification for taking protected leaves.

Employees Push Back at Tech Companies for Giving Parents too Much

September 11, 2020
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It might seem like vanilla stuff for some of the world’s almost capitalized companies in the world to provide extra support to employees during a global pandemic, but not so at companies like Facebook and Twitter, where a rift has formed between parents, non-parents and employers over the companies’ policy responses to daycare and school closures.

This Week in FFCRA Complaints: Dismissals While Seeking Paid Leave

September 11, 2020
Leave
Disability Discrimination
It appears employers continue to terminate workers who are supposed to be protected under the FFCRA. This week, we’ve highlighted several cases where employees were waiting for test results or already diagnosed with Covid-19 and subsequently fired when seeking paid leave.

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