September 29, 2020
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Employer-based Health Insurance on Shaky Ground

In all the other news about the seismic changes that have occurred over the last six months, one that we haven’t written much about directly is health insurance. It has come up tangentially, particularly in relation to our work with the Pregnancy Project, but today we are highlighting it as it relates to the ongoing dire news about employment, or unemployment, here in the US.

According to the New York Times, employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

Writing this Monday, Reed Abelson highlights the various issues workers and the unemployed are facing regarding their health care. When the CARES Act was passed back in March, the best Congress could do was extend COBRA coverage, a difficult and expensive method for many of those out of work. There was also limited money for businesses that have struggled to meet ACA guidelines since the outset, and with federally-mandated universal health coverage a Congressional non-starter at the moment, many workers and employers were left with few options.

Additionally, Abelson notes, health insurance providers and the healthcare industry more broadly have realized record profits since the pandemic began, but have been unforgiving to workers and employers seeking relief. Some employers, such as the owner of a house-cleaning service in Washington D.C. for example, found ways to cobble together the money to keep paying for their workers’ health insurance, but now face mounting debts that must be repaid.

While the ACA has expanded Medicare access over the last 10 years, it remains insufficient for dealing with a problem of this nature and unless Congress mandates debt forgiveness or the insurance company executives find it in their hearts to provide relief for workers and employers, we are facing a significant crisis, particularly as more workers, especially older ones, see their jobs and insurance vanish.

If you live in New York State and have lost your employer health insurance, or are struggling with medical bills, contact Community Health Advocates (888-614-5400). New Yorkers can use this free service to see what health insurance is available for them, and with help negotiating medical bills.

This Week’s FFCRA Complaints: The Wrongful Terminations Continue 

August 21, 2020
Leave
Disability Discrimination
Since we started this weekly blog post in May, we've read and summarized over 50 complaints filed under the new leave law. As we’ve pointed out, many of these complaints follow almost a template, with workers being terminated for either taking legally-allowed precautions to protect fellow workers from potential infection or for having legitimate reasons to take leave, often to care for a family member or child.

In an Uncommon Move, McDonald’s Sues Former CEO

August 20, 2020
Sexual Harassment
It’s not every day that a blue chip company decides to sue a former executive, let alone its erstwhile CEO, but this is exactly what McDonald’s did by suing Steve Easterbrook, who had been fired last year for inappropriate conduct, specifically, sexting with an employee.

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?

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Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.