February 12, 2021

After 28 Years, Pandemic Makes Federal Paid Family Leave a Possibility

As a recent story in the Washington Post reminded us, the last time family leave provisions were expanded in the US was mere weeks after Bill Clinton was inaugurated in 1993. The Family and Medical Leave Act provided unpaid leave for certain employees for family and medical reasons. And then, nothing. For 28 years. 

As we’ve pointed out often during the pandemic, the US remains the only OECD country without federal paid family and medical leave legislation, leaving employees to the caprice of employers and state laws for any job protection and ability to take time off to care for oneself or one’s family. The FFCRA provided temporary relief, but it has since expired, leaving parents and those caring for families out in the cold again. According to PL+US, strong federal paid leave laws would strengthen the economy while protecting employees from job loss during unexpected events, such as a global pandemic.

So, in early February Representative Rosa DeLauro of Connecticut and Senator Kirsten Gillibrand of New York reintroduced Gillibrand’s legislation, long overdue, to strengthen the false dawn of the Clinton-era FMLA. In addition to Gillibrand’s FAMILY Act, DeLauro, no stranger to putting issues of social reproduction at the forefront, is also pushing for an expansion to the child tax credit.

Under the FAMILY Act’s language, paid leave would provide 66% of a worker’s monthly salary, ranging from a minimum $250 to a maximum of $4,000, to be covered by a small, 0.2% wage tax. Such job protections would go a long way to ensuring workforce stability and reducing unemployment during periods of uncertainty. It would also contribute to protecting expectant and new mothers, who are often unfairly pushed out of the workforce because they need to care for their children.

We will be eagerly following along to see how Congress addresses this critical issue.

Salary Sharing and the Importance of Pay Transparency

March 11, 2020
Gender Discrimination
Pay transparency can effectively mitigate salary discrepancies based on race and gender, especially considering that women and minorities are often at the lower end of the pay grade. While publicizing each individual employee’s salary may create unnecessary animosity, reporting pay bands could be a favorable method of promoting a culture of transparency.

COVID-19 and Work

March 9, 2020
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Employers and employees have questions about what steps they should be taking to help protect against COVID-19, the infectious disease caused by the most recently discovered coronavirus in the workplace. We have compiled some useful resources to help you understand what actions to take at this time related to work.

With Michael Bloomberg in the Race, It's Time We Talk About NDAs (again)

February 25, 2020
Pregnancy Discrimination
Sexual Harassment
In 2018, Governor Cuomo signed a law that banned many NDAs and mandatory arbitration for complaints, but some activists and policymakers argued that the state had focused too narrowly on sexual harassment, and the 2019 laws expanded the 2018 laws to include protections against NDAs in other forms of workplace discrimination.

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