July 27, 2022
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California’s New Gun Bill Is Bad Law and Dumb Politics

                   

California Governor Gavin Newsom signed SB 1327, legislation modeled after Texas’s SB 8 bill, into law last week. The bill allows individuals to sue Californians for selling or attempting to sell particular types of guns, as well as for selling weapons to anyone under the age of 21.

Senior Associate Alex Berke, writing for the Daily Beast, breaks down the ways in which playing the right’s game will fail to push progressive policies. She explains why this approach will not achieve the intended result: “Some have argued that Newsom is also trolling the Supreme Court, hoping that challenges to SB 1327 will force the conservative-dominated court to confront the mistake it made in allowing Texas’ ‘abortion bounty law’ to stand—or at least to face its own partisan hypocrisy. But here’s the thing, Republicans don’t care if you think they’re hypocrites.”

You can read her article on the Daily Beast’s site or here.

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.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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