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For Berke-Weiss Law’s insights and resources about current events and their effects on employment law, see below.
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Employers Can Create the Future We Deserve, or Exacerbate Discrimination Against Parents - Especially Women

October 6, 2020
More than 865,000 women “left” the labor market in September 2020, demonstrating that the COVID pandemic is forcing women out of work. One in four women who are still in the workforce are considering downshifting their careers, or leaving the workforce entirely, due to the pressures of work and family care.Employers who are concerned about retaining their employees who are parents, especially mothers, can take some steps to ensure that parents are not forced to “choose” their families over their careers.

Employers Should Heed Doctor’s Advice When Accommodating Workers

October 6, 2020
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According to Peeples v. Clinical Support Options, Inc., No. 3:20-CV-30144-KAR, 2020 WL 5542719 (D. Mass. Sept. 16, 2020), providing the plaintiff with a mask was insufficient accommodation, holding “a majority of these so-called accommodations are workplace safety rules rather than an individualized accommodation to address Plaintiff’s disability.”

Employer-based Health Insurance on Shaky Ground

September 29, 2020
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Employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

Is Unemployment Keeping People from Returning to Work?

September 23, 2020
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Wen Congress passed the CARES Act back in March, which included a temporary boost in unemployment benefits for people affected by the pandemic, there was bound to be controversy. But new research is showing that unemployment benefits and enhanced jobless security is not the deterrent employers believe it to be. There is plenty of anecdotal evidence to suggest as such, and now, according to the New York Times, there is data driven evidence to back this up.

Helping Parents During the Pandemic

September 23, 2020
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Parents’ predicaments has been a theme we’ve returned to again and again here at the Berke-Weiss Law Blog since the start of March, though our concern over working parents’, and especially mothers’, rights reaches back much longer than six months.

DOL Revises FFCRA after Southern District Invalidates Four Sections

September 18, 2020
The Department of Labor revisions to FFCRA, which went into effect on September 16, 2020, have been widely anticipated and it is hoped that they will reduce some of the issues surrounding paid leave and employees qualification for taking protected leaves.

This Week in FFCRA Complaints: Dismissals While Seeking Paid Leave

September 11, 2020
It appears employers continue to terminate workers who are supposed to be protected under the FFCRA. This week, we’ve highlighted several cases where employees were waiting for test results or already diagnosed with Covid-19 and subsequently fired when seeking paid leave.

Employees Push Back at Tech Companies for Giving Parents too Much

September 11, 2020
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It might seem like vanilla stuff for some of the world’s almost capitalized companies in the world to provide extra support to employees during a global pandemic, but not so at companies like Facebook and Twitter, where a rift has formed between parents, non-parents and employers over the companies’ policy responses to daycare and school closures.

The Berke-Weiss Law Weekly Roundup: A nurse fights for safer workplaces

September 8, 2020
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There was some decent news this week in the employment outlook, depending on how you look at it. The positive is that roughly 1.37 million jobs were added this week and the unemployment rate dropped to 8.4 percent. The negative is that nearly 20 million Americans remain unemployed and of those 1.37 million jobs added over 230,000 hires are census workers, who will be out of a job shortly.

Too Early Retirement

September 1, 2020
For some, early retirement is a chance to do something else, to spend more time with family, or pursue a passion put off by work. But for others, early retirement, also known by the euphemistic “involuntary separation,” has been an unwelcome occurrence and reminder of people’s status within the workforce, and this trend has been increasing in recent times.

The Weekly Roundup: Employment Numbers Remain High as Job Losses Persist

August 28, 2020
The jobs report, released early Thursday morning, indicates job losses persist, with first-time unemployment claims above 1 million for the second straight week and continuing claims still north of 14 million. This comes as Congress remains on summer recess, having failed to shore up an extension of the enhanced stimulus that was propping up the economy. With the unemployment numbers still shaky, this week we’re taking a closer look at just who is being affected.

Commuting & NYS Workers’ Compensation: What Employers & Employees Need to Know

August 26, 2020
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Employers and employees who have questions about parental leave should talk to an experienced labor and employment law attorney. Learn how we can help.

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