September 23, 2020
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Is Unemployment Keeping People from Returning to Work?

Since long before anyone in the United States had heard of coronavirus, social welfare provisions, such as TANF, food stamps, and unemployment benefits have been under attack. The most common claim being they make people dependent on welfare instead of encouraging them to seek work. Since the late ‘70s, there has been a bipartisan consensus in the U.S. on this issue with Ronald Reagan inventing welfare queens in the 1980s and Bill Clinton signing welfare reform which made many benefits means tested.

So, when 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. It was big news that some people were actually earning more money through enhanced jobless benefits than they were when they were employed full-time.

However, it is clear that the Pandemic Unemployment Assistance (PUA) staved off mass evictions, mortgage and loan defaults, boosted consumer spending, and generally ensured slightly less instability in everyday Americans’ lives. Unfortunately, the PUA was allowed to expire at the end of July, throwing millions of workers’ lives into chaos just as the coronavirus swept through some of the most populous states. 

This has been bad news all around as more and more of the job loss has become permanent and corporations continue to shed jobs or are planning to as soon as they won’t be penalized by the stipulations set out in Congress’s spring bills addressing coronavirus.

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. 

Reporting over the weekend, the Times writers suggested that the reasons people are not returning to work is multifaceted and have little to do with greedy or lazy workers committing fraud. As we’ve noted in this blog before, the record employment numbers under the Obama and Trump administrations were bolstered by tens of millions of freelancers, gig workers, and the growing “precariat “class, and it is those jobs especially that are not coming back anytime soon. Compounding matters for many workers, familial obligations, such as childcare and elderly care far outweigh returning to work. 

The colder months approach and fears of another spike in infections loom. And if the country’s previous efforts to curb the spread are any indication, unemployment assistance will remain a vital feature for any eventual recovery. And if you needed any convincing, this is the kind of opportunity available in the gig economy for all those out of work freelancers.

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With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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