April 29, 2021

Childcare and Paid Leave Funding Part of $1.8tn “American Families Plan” 

In a speech to a joint session of Congress, President Biden unveiled the “The American Families Plan,” the third part of the president’s push to power a post-pandemic recovery. Along with the $1.9 trillion fiscal stimulus and a proposal for an infrastructure plan that would earmark $2.3 trillion to upgrade roads, bridges, railroads, and the country’s aging power grid, the American Families Plan seeks to fund a wide range of initiatives to address deep-lying problems on the job market that the pandemic exposed. 

As we have reported already, the fiscal stimulus included Congresswoman Rosa DeLauro’s enhancement of the Child Tax Credit. The American Families Plan would extend this credit until 2025, although we are still hoping that the credit is made permanent as it will bolster job access and address long-term economic disparities born disproportionately by working mothers.

In addition to the Child Tax Credit extension, The American Families Plan also carves out roughly $650 billion for several areas that have great bearing on our practice at Berke-Weiss Law. One area is universal pre-K, an institution that the US lags woefully behind other OECD nations. Nationally, enrollment tops out at 60% compared to England or France, where enrollment is near universal. Pre-K expansion would receive $200 billion. 

The other two are paid family medical leave and funding child care expenses, which would both see roughly $225 billion in funding under the plan. All of these are issues close to us and ones that we’ve been blogging about long before the pandemic. But what the pandemic did do is bring these issues to the fore as working parents have been some of the hardest hit by stay-at-home orders, massive layoffs, and being considered an essential worker.

It is also important to argue forcefully that all these issues are not actually separate. Rather they are interconnected and deserving of a concerted effort to improve. Paid Family Leave and increased investments in child care, including universal pre-K may help keep women in the workforce, or allow some of the more than 2 million women who left the workforce in 2020 to return.


Bill to Ban Forced Arbitration in Sexual Misconduct Cases Passes the Senate

February 14, 2022
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Arbitration clauses are often buried deep in employment contracts, and many employees don’t know what they’re agreeing too or don’t fully understand what arbitration means. These clauses force employees with claims against their employer to bring them to arbitration—a private process which is often fully funded by the employer itself.

Workers Still Lack Security Despite Tight Labor Markets

February 9, 2022
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The labor market is exceptionally tight, a scenario which has converged over the last six months with what economists are calling the Great Resignation, with a record number of workers quitting in November. In the popular media, the narrative emerging from this phenomenon is one in which workers are in possession of more power than they have been for quite a while, which has resulted in an increase in wages, especially for the working class. The power, however, ultimately remains in the hands of bosses, and many workers’ experiences do not neatly coincide with the narrative.

Workplace Conflict Over Mask Wearing at the Supreme Court

February 2, 2022
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Covid workplace safety at the Supreme Court became a story at the end of January, as Justice Sotomayor participated in arguments from her office, while Justice Gorsuch remained unmasked.

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