November 18, 2022

Historic Victory for Paid Family Leave in Colorado

While much of the post-election attention has been focused on the presidential race, there has been little said about what looks to be a historic victory for working Coloradans, who have chosen to join eight other states, including New York, and Washington D.C. in providing paid family leave for new parents as well as those dealing with a family emergency. This is the first paid family leave law to be won through a ballot initiative, rather than implemented by elected officials.

In a landslide victory Proposition 118 establishes 12 weeks, and under some circumstances 16 weeks, of paid leave. The maximum amount is $1,100 per week and is set to be funded by a payroll tax split 50/50 between workers and employers. Additionally, Proposition 118 bars employers from taking retaliatory actions against workers who request or use paid leave.

While the main focus of the proposition was on paid leave for new or expecting parents, the rules also stipulate that caring for a family member or recovering from one’s own serious health condition, caring for an adopted or foster child, constitutes coverage under the law, as does one’s own or a family member’s entry into active military duty. Finally, those who have been affected by domestic violence, sexual assault, or stalking qualify for coverage. 

The amount of money provided is based on a sliding scale pegged to the applicant’s wages, with those earning $500/week likely to see 90% of their earnings covered, while those making $3000/per week getting roughly 37% of their weekly wage.

While this is great news, there is still a significant uphill battle to universalize paid family leave for everyone living in the United States. Currently, the U.S. remains the only OECD country and one of only eight countries in the world without a federal-level paid leave policy. As the coronavirus pandemic has laid bare, this is a national shame which will require significant attention in the coming months and years, hopefully, in concert with efforts to universalize childcare.

Berke-Weiss Law Attorneys Speak at Endometriosis Foundation Conference

March 27, 2023
Disability Discrimination
Berke-Weiss Law in the News
Berke-Weiss Law attorneys, Laurie Berke-Weiss, Alex Berke, and Rosa Aliberti, spoke at the EndoFound Global Patient Symposium, commonly referred to as Patient Day, about the legal rights and protections for those with endometriosis.

AI and Compliance, Employers Brace for a Brave New World

March 16, 2023
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Over the last decade, more and more companies have utilized automated tools to aid in hiring, training, retaining. Historically, when practices and technologies are adopted rapidly, the law takes time to catch up and this is no different, with 2023 looking to be a year where companies are going to come under more detailed regulatory and compliance regimes focused on AI.

Elon Musk’s Public Mocking of Employee’s Disability Highlights the Importance of Reasonable Accommodations and Health Information Privacy

March 16, 2023
Disability Discrimination
Elon Musk mocked a Twitter employee for his disability and lack of clarity regarding job status, highlighting issues disabled workers face in the workplace.

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