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.”

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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