September 10, 2021
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The DOJ Plays Whack-a-Mole to Try to Save Roe From Texas Abortion Law

   

A little more than a week after Senate Bill 8 (SB 8) went into effect in the state of Texas, most of us still have anxious questions about the unconstitutional law, not least of which is, what can be done about this?

Senior Associate Alex Berke, in another article for The Daily Beast, unpacks the Whack-A-Mole maneuver the DOJ is currently engaged in—and may be engaged in for a long time. She writes, “The DOJ is uniquely situated to argue that the law must be stopped from being in effect, because state law cannot violate federal law, and cannot directly regulate the activities of the federal government and its contractors.” Read the article here.

The Texas legislation seeks to upend Roe v. Wade by deputizing private citizens—instead of the state—to enforce a ban on abortions after merely 6 weeks of pregnancy (before most women even realize they’re pregnant). If you haven’t read Alex’s first Daily Beast piece which covers SB 8, you can read it here.

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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.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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