September 10, 2021
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The DOJ Plays Whack-a-Mole to Try to Save Roe From Texas Abortion Law

   

A little more than a week after Senate Bill 8 (SB 8) went into effect in the state of Texas, most of us still have anxious questions about the unconstitutional law, not least of which is, what can be done about this?

Senior Associate Alex Berke, in another article for The Daily Beast, unpacks the Whack-A-Mole maneuver the DOJ is currently engaged in—and may be engaged in for a long time. She writes, “The DOJ is uniquely situated to argue that the law must be stopped from being in effect, because state law cannot violate federal law, and cannot directly regulate the activities of the federal government and its contractors.” Read the article here.

The Texas legislation seeks to upend Roe v. Wade by deputizing private citizens—instead of the state—to enforce a ban on abortions after merely 6 weeks of pregnancy (before most women even realize they’re pregnant). If you haven’t read Alex’s first Daily Beast piece which covers SB 8, you can read it here.

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.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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