July 21, 2020
No items found.

Dueling Congressional Plans to Bailout US Childcare

By now, the fact that childcare is in crisis is not new. But as the weeks creep by it is crystallizing as one of the signal problems of the pandemic lockdowns. Without childcare, which includes open K-12 schools, parents, child care workers, day care providers, and a host of others have been deeply affected. Parents who work from home, especially mothers, have two jobs now. Essential workers don’t have even that luxury and have the increased worry of exposing their children or family members to coronavirus. Daycare providers, domestic and childcare workers have watched their industry, one which relies heavily on low-wage black and brown labor, crater. This is the domino that affects nearly every other aspect of a potential recovery (if the US was even in a position to think about economic recovery as cases continue to surge all over). The long and short is the outlook is grim.

Now, as Congress prepares to reconvene and wrangle over a new set of stimulus payments, a boost to the childcare industry is front and center. Both the GOP and Democrats have plans for a path forward for childcare and school reopening, but they clash on many fundamentals. The GOP plan, called Back to Work Child Care Grants Act would, as the name suggests, rely on federal grants administered by the Department of Health and Human Services which would identify “qualified child care providers” and disburse funds based on need, according to Law360

However, Democratic leadership, while acknowledging that there is widespread consensus on the importance of righting the childcare ship, argued that the GOP plan misses the boat. The Democrats’ own plan, Child Care Is Essential Act, seeks to provide $50 billion to the childcare industry, also mainly disbursed through grants by the DHHS. 

In a Tuesday op-ed in the New York Times, Massachusetts Senator Elizabeth Warren singled childcare out as one of the key aspects of any healthy recovery. Warren has previously argued for a universal childcare policy, but for the time being, the best we can hope for is a stop-gap bailout of the largely privatized childcare industry, rather than a radical reform of a system that has be woefully inadequate for decades as traditional forms of mutual aid, child care and education have been eroded or privatized.

It is clear that without significant action, the repercussions of lack of childcare will be felt in the workplace, as parents - especially mothers - continue to try and care for their children while maintaining full-time work, without structural help or protections for either role.

white line

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

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.

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.