July 10, 2020
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The Berke-Weiss Law Weekly Roundup

Welcome to the Weekly Roundup for the week of July 6. If you’ve gone anywhere near the news this week, you’ll know that the South and West are spiking and states from Florida to California are reversing course and even considering new lockdowns. The new outbreak is heavily affecting a younger population and now deaths are starting to rise again as ICUs from Houston to the Imperial Valley are over capacity. While this is certainly more than simply an employment issue, many outbreaks are occurring at places of work, whether it’s a bar or a meat processing plant. So, today how employment decisions are affecting the food supply chain and highlight an important new tool for workers. We will also discuss new research on coronavirus and pregnancy. 

How Many People Died for Your Dinner?

As Cesar Chavez once said, “The fight is never about grapes or lettuce. It is always about people.” Farm work is hard work, and in many parts of the world, performed by some of the most vulnerable, and it’s never been more true than now as the country scrambles to maintain working supply chains within the food system. However, as a detailed investigation by reporters at Buzzfeed demonstrates, these imperatives have resulted in dangerous and deeply negligent business practices by some of the nation’s largest food suppliers, from Tyson to the apple industry of the Yakima Valley. At processing facilities and farm worker dormitories, the response to huge outbreaks have been uneven at best, with companies failing to inform employees of fellow workers’ illness. This is a powerful work of investigation and well worth the read.

New Tool To Track OSHA Complaints

Strikewave, a newsletter founded in 2018, has developed a new OSHA Complaint Tracker, which aims to help workers remain informed about employment violations at their jobs, in their industries, and at the national level. Users can investigate particular sectors and view detailed complaints displayed in a handy map interface. Strikewave will continue to update the tool as information about the more than 6,000 coronavirus-related complaints become available.

The Effects of Covid on Pregnancy Become Clearer

A new report from ProPublica reveals that the CDC’s updated guidelines on the effects of coronavirus on pregnancy are not as benign as first asserted. The CDC research shows that “expectant mothers with the virus had a 50% higher chance of being admitted to intensive care and a 70% higher chance of being intubated than nonpregnant women in their childbearing years.” Along with other major risks, ProPublica reporter Nina Martin notes that the data gaps in the CDC’s study is almost more of a problem. Essential information, such as whether a person had pre-existing conditions, for 75% of pregnant women was missing and hospitals were failing to keep detailed records of patient admission.

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New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

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