August 25, 2020
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Pods: What Are They and Are They Right for Me and My Family?

We first started hearing the term “pod” a couple weeks after lockdown began. Initially, it was something to describe a collection of immediate family or friends with whom we could safely interact. At the same time, people started using the term to refer to extended child care units. Parents began banding together to pool child care resources when daycare facilities closed, schools shut down, and the domestic care industry was no longer an option. There were no CDC guidelines or federal guidance. Some were structured, while others were just a place for kids to safely interact while giving parents a chance to catch their breath or catch up on work.

As the summer rolled around and it became clear that traditional activities, such as summer camps, were not forthcoming, these pods took on a new meaning. And now, as many schools are slated to begin the year online and more evidence comes out about young children and coronavirus, parents are reimagining the pod concept for what could be an extended period. 

This post, and subsequent ones throughout the week, aims to give you a better sense of what kinds of pods there are, how to set one up, and provide you with some detailed information about legal protections that every parent should know about.

Paint by numbers, sort of

There are no hard and fast rules about how to establish a pod. Part of it is taken on faith that the people with whom you are doing this are taking similar precautions as you and following the protocols recommended by the CDC and other health organizations. However, taking a page from the concept of mutual aid, you can work with others to develop your own protocols and procedures.  If you’re unclear what mutual aid is, legal scholar and activist Dean Spade has produced a helpful guidebook. Additionally, Representative Alexandria Ocasio-Cortez developed her own guide to setting up a neighborhood pod, which also relies on the practice of mutual aid and can be translated into creating pods for kids.

Pods for school

As the school year approaches, the CDC is incorporating the concept of pods as part of their recommendations to teachers and administrators. However, many parents are already trying to create independent pods after being disappointed with the way online learning was rolled out in the spring. These learning pods run the gamut from simply a place for kids to interact and socialize to customized learning units replete with paid teachers and formalized activities. Sometimes they are distinguished between market and non-market pods. A market one more closely resembles homeschooling and often requires significant monetary support by parents. Non-market pods, by contrast, more closely follow the mutual aid model referred to above.

For some parents, a learning pod is being conceived of as a hybrid play group and schooling option where kids remain enrolled in school, but are completely online. The pod thus becomes a way to develop accountability and structure, while having someone who can supervise (a parent, a nanny) and provide assistance to kids. For others, as noted, it is meant to replace enrollment in school.

Pitfalls of pods

Not all pods are created equally, and not all parents have the option because of time or money constraints or the special needs of their kids. Whether or not you choose to join or start a pod depends a lot on your situation and what you are comfortable with. Remember that when paying someone, whether to care for or teach your children, you are considered an employer, and must abide by the relevant employment laws for care workers or contractors, as may potentially be the case for tutors.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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.

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