July 10, 2020
No items found.

School Reopening Leaves Parents, Teachers, Administrators, and Politicians Conflicted

As we edge into the dog days of summer, we’re also creeping toward fall classes, and the only thing people are sure of is they’re not sure about sending their kids back to school. And in the backdrop of massive virus spikes in the South and West, come renewed calls to make a decision on whether schools should open in the fall. Calls for school reopenings will be our main topic for this week as there are a variety of stories, from daycare to doctorates under debate. With school looming, an op-ed in the New York Times noted, provocatively, it’s jobs or kids. You can’t have both.

College

The higher ed business model has already left many institutions in deep financial trouble, a situation only exacerbated by coronavirus. While administrators have been hoping to reopen in the fall, they’ve met resistance from public health officials and their own faculty. Writing in the Los Angeles Times back at the end of June, Heidi Li Feldman, a Georgetown Law professor, warned that universities would attempt to cover their liability through consent waivers or arguing mere attendance waived their faculty’s rights. Her warning has proved prescient as more faculty and staff raise concerns about the feasibility of cramming 50,000 students and thousands of faculty, dining and facilities workers, and administrators into campus. 

Budget cuts are already affecting professor’s livelihoods. The struggle for adjuncts to get better pay has been attacked in recent months. At CUNY, 2,800 adjunct professors were laid off, and responded by filing a lawsuit arguing the layoffs were in violation of the CARES act. Meanwhile, for junior researchers and early-career academics, a hiring freeze could spell doom for their careers.

K-12

Moving down to the K-12 system, things look a little better. In many school districts across the country forced to shut down in March, the results of the switch to online teachers were nothing short of disastrous. Poor American’s lack of technology and internet access, already a huge problem in the US, has made teaching online difficult which has led to students falling behind. Some are hoping that the failures of the spring can be smoothed out, but, as odd as it feels to write, teaching is only one concern. With state and local budgets in real danger of deep and dramatic cuts, there are real questions about whether schools can Covid-proof schools, and, if the US’s general failure to combat Coronavirus suggests anything, it’s that it’s unlikely. Like college faculty, public school teachers are in a real bind about concerns of safety weighed against shelter and food.

Parents

Parents and children are faring little better. We’ve made it a habit of ringing the alarm bells on this one, but the news does not get better. Parents are deeply divided on whether reopening is best. If schools don’t reopen, parents who are required to be working will face even more difficult decisions (something that has been the subject of several FFCRA lawsuits). And for parents who are able to work from home, companies may become even less forgiving as the pandemic drags on. It has affected productivity and wage-earning already, and may have dire consequences for long-term impacts on children.

white line

Bill to Ban Forced Arbitration in Sexual Misconduct Cases Passes the Senate

February 14, 2022
No items found.
Arbitration clauses are often buried deep in employment contracts, and many employees don’t know what they’re agreeing too or don’t fully understand what arbitration means. These clauses force employees with claims against their employer to bring them to arbitration—a private process which is often fully funded by the employer itself.

Workers Still Lack Security Despite Tight Labor Markets

February 9, 2022
No items found.
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.

Workplace Conflict Over Mask Wearing at the Supreme Court

February 2, 2022
No items found.
Covid workplace safety at the Supreme Court became a story at the end of January, as Justice Sotomayor participated in arguments from her office, while Justice Gorsuch remained unmasked.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.