August 23, 2021
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Another Tough School Year on the Horizon

Although the latest wave of Covid, fueled by the Delta variant, is cresting in some places, its impact has been felt, including by parents who were relying on schools being open for in-person sessions this fall. After a year and a half of stop-start at schools, the fall semester is already being hampered with many schools having to close or quarantine significant portions of their population.

This is especially bad news as there has been little headway made by legislators or the private sector in finding ways to provide parents with paid leave to deal with care-related emergencies, most notably by the sudden closure of schools. In a recent article for The Romper, Eliot Haspel argues that businesses must develop flexible and equitable strategies to help alleviate the burden on parents who may be forced to resume full-time childcare when Covid outbreaks occur.

Haspel suggests policies like “dependent COVID leave” which would allow workers with dependents to bank time. He also notes that care needs to be paid to providing workers, and especially managers, with proper training to understand why there is a need for such contingencies.

Even with the Pfizer-BioNTech vaccine receiving full FDA approval, setting up a gargantuan fight over vaccine mandates, and school systems, such as New York City public schools, requiring all employees to be vaccinated, this seems unlikely to be enough to prevent outbreaks in the short term, especially as vaccination efforts have stalled and breakthrough cases increase. Thinking realistically, this pandemic is far from over, and we think Haspel’s ideas have real merit for alleviating the stress for people with dependents.

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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.

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.

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