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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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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