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.


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?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

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