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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New Study Finds Sexual Harassment Pervasive in the Legal Professions

July 15, 2020
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Taking a break from the wall-to-wall imperative that is coronavirus, we wanted to highlight a new study about workplace cultures in the legal practice. Conducted by the Women Lawyers on Guard, the study Still Broken: Sexual Harassment and Misconduct in the Legal Profession shows that sexual harassment plagues women at all levels of the legal profession, from early-career lawyers to judges, and everyone in between.

Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

July 15, 2020
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Berke-Weiss Law answers some questions on many New Yorkers’ minds right now in Law360: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace?

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

July 10, 2020
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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.

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