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.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

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