August 23, 2021
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Another Tough School Year on the Horizon

Although the latest wave of Covid, fueled by the Delta variant, is cresting in some places, its impact has been felt, including by parents who were relying on schools being open for in-person sessions this fall. After a year and a half of stop-start at schools, the fall semester is already being hampered with many schools having to close or quarantine significant portions of their population.

This is especially bad news as there has been little headway made by legislators or the private sector in finding ways to provide parents with paid leave to deal with care-related emergencies, most notably by the sudden closure of schools. In a recent article for The Romper, Eliot Haspel argues that businesses must develop flexible and equitable strategies to help alleviate the burden on parents who may be forced to resume full-time childcare when Covid outbreaks occur.

Haspel suggests policies like “dependent COVID leave” which would allow workers with dependents to bank time. He also notes that care needs to be paid to providing workers, and especially managers, with proper training to understand why there is a need for such contingencies.

Even with the Pfizer-BioNTech vaccine receiving full FDA approval, setting up a gargantuan fight over vaccine mandates, and school systems, such as New York City public schools, requiring all employees to be vaccinated, this seems unlikely to be enough to prevent outbreaks in the short term, especially as vaccination efforts have stalled and breakthrough cases increase. Thinking realistically, this pandemic is far from over, and we think Haspel’s ideas have real merit for alleviating the stress for people with dependents.

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The Week in FFCRA Complaints

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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