February 9, 2022
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Workers Still Lack Security Despite Tight Labor Markets

       

According to BLS statistics, 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. The post-Recession jobs recovery under presidents Obama and Trump was more the result of an increase in part-time jobs, gig work, and freelancing in the amorphous and unstable “service economy,” exacerbating a trend from the end of US’s post-War economic boom when corporations, faced with with declining rates of profit, turned to union-busting, subcontracting and a reliance on part-time workers.

According to the New York Times, much of the current situation, with rising wages but no attendant benefits like schedule stability or full-time work, is due to employers having gotten very used to worker flexibility since the Great Recession. They have not changed during the pandemic. Workers may be experiencing short-term gains, especially in rising wages, they are not seeing more long-term ones, like full-time employment and schedule stability.

So, while wages may be going up, employee satisfaction or security remains at a low ebb, and many of the recent labor actions that have received national coverage, such as the grocery chain King Scooper’s strike last month, are centered not over pay but over demands for things like full-time employment. Additionally, with private sector union membership continuing its historic decline, many workers, such as Chipotle workers or those working through the DoorDash delivery app both featured in the Times’s story, lack any bargaining power or in some cases even recognition that they are employees of the company.

The Berke-Weiss Law Weekly Roundup: School Reopenings and Employer Liability among Hot-button Issues

July 17, 2020
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This week includes updates on the latest roadblocks at another round of stimulus, which remains necessary as more than 30 million Americans remain out of work, officially, and countless more are shut out of the social welfare programs offered in the US. We also highlight school re-openings and general Covid risk analysis.

The Week in FFCRA Cases Includes Multiple Worker Complaints in the Food Supply Sector

July 17, 2020
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The three cases highlighted in this weeks’ FFCRA complaint roundup include two filed by plaintiffs working in restaurants and another from a plaintiff employed in food distribution. Because the entire food supply chain has been deemed essential, workers in the industry have little ability to leave work to care for sick family members or children since the childcare industry cratered.

Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

July 15, 2020
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Berke-Weiss Law answers some questions on many New Yorkers’ minds right now in Law360: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace?

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