Hill & Associates

Women Workers Suffer 100% of All U.S. Job Losses in December January 12, 2021 By Laura Wilson Laura Wilson The Labor Department has reported that the U.S. economy lost a net 140,000 jobs in December. According to an analysis by the National Women’s Law Center (NWLC), women lost 156,000 jobs overall during December, while men gained 16,000 jobs. That means that women accounted for 100% all of U.S. job losses in December.... Since the start of the COVID crisis, the U.S. has netted a loss of approximately 9.8 million jobs. 55% of the lost jobs belonged to women. The pandemic has crippled the retail, restaurant, and other service sector industries, where women make up the majority of workers. Women of color have been disproportionately impacted by the employment crisis. In December, the unemployment rate was 6.7% overall, and 5.8% for white men. But during the same period, 8.4% of Black women and 9.1% of Latina women were unemployed. In addition, nearly 2.1 million women have dropped out of the labor force entirely since February. Studies show that since the pandemic began, the burden of childcare and remote learning has fallen much more heavily on mothers than on fathers. As a result, many women have either stopped working or stopped looking for work. Many economists and analysts are worried about the long-term impact of this employment crisis on women’s economic health and future earnings. Almost 40% of unemployed women in December have been out of work for six months or more. According to the NWLC, the longer a worker is out of a job, the lower the worker’s wages will be when they do become employed. Of course, these issues are not entirely new. Even before the pandemic, women working full-time in the U.S. were paid $.82 for each dollar paid to men, and the gap is even wider for women of color. The employment crisis brought on by the pandemic may further widen pay gaps and damage the financial security of women and their families. But this is not a foregone conclusion. Some of these impacts can be avoided if the government offers robust pandemic relief. Experts recommend that funding be directed to state and local governments (which employ many women), paid family and medical leave, and schools and childcare, so that women are not forced to choose between caring for their family and earning an income. https://fmr.law/women-workers-suffer-100-of-all-u-s-job-lo/

Each year, thousands of military personnel stationed around the world leave active duty and return to jobs they held before entering the service, or begin the search for new jobs. Recent veterans report high rates of service-connected disabilities (i.e., disabilities that were incurred in, or aggravated during, military service). About 41 percent of Gulf-War-era II (post 9/11) veterans report having a service-connected disability, as compared to about 25 percent of all vetera...ns. There are several federal laws that provide important protections for veterans with disabilities who are looking for jobs or are already in the workplace. Two of those lawsTitle I of the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA)protect veterans from employment discrimination. This guide from the Equal Employment Opportunity Commission provides employers will valuable information about their responsibilities to veterans in the workplace. https://www.eeoc.gov//veterans-and-americans-disabilities-

In recent years, the percentage of veterans who report having service-connected disabilities (i.e., disabilities that were incurred in, or aggravated during, military service) has risen. About 41 percent of Gulf War-era II (post 9/11) veterans report having a service-connected disability, as compared to about 25 percent of all veterans. Common injuries experienced by veterans include missing limbs, spinal cord injuries, burns, post traumatic stress disorder (PTSD), hearing l...oss, traumatic brain injuries, and other impairments. Other veterans leave service due to injuries or conditions that are not considered service-connected. This guide is intended to answer questions you may have about your rights as an injured veteran, now that you have left the service and are returning to a civilian job or seeking a new job. It also explains the kinds of adjustments (called reasonable accommodations) that may help you be successful in the workplace. https://www.eeoc.gov//understanding-your-employment-rights

On the 2020 General Election Ballot, voters will see ballot questions on proposed constitutional amendments and ballot referenda. Amendment 1: Authorizes dedication of fees and taxes to their intended purposes by general state law. Shall the Constitution of Georgia be amended so as to authorize the General Assembly to dedicate revenues derived from fees or taxes to the public purpose for which such fees or taxes were intended?... This question asks if you want to give the Georgia legislature authority to use tax revenue to just go to the public purpose for which the money was intended, instead of an all-purpose fund. Right now, the government can use money dedicated to one purpose, like cleaning up tire dumps and blight, and put it towards broader use. Environmental advocates support this bill because since 1990, while Georgia has raised millions of dollars to clean up specific waste, roughly 40% of those dollars have gone to other purposes. Critics of the amendment say it would remove flexibility for how the government can use money. However, there are conditions for the amendment dedicated funding could not exceed 1% of the total state revenues from the previous year, and in an emergency , the governor and General Assembly would have the ability to temporarily suspend dedicated funds.

The U.S. House of Representatives has passed a bill, almost unanimously, which will greatly expand the rights of pregnant women, including requiring employers to provide reasonable accommodations for pregnant women, similar to the requirements under the ADA. Now is time for the Senate to act. Contact your Senators to urge them to pass this legislation. https://www.huffpost.com//house-passes-pregnant-workers-fa

We know Trump is going to try and make voting by mail as difficult as possible. Don't wait -- REQUEST AND SUBMIT YOUR BALLOT EARLY, so it has PLENTY of time to arrive. Request your ballot TODAY! https://bit.ly/RequestAsbenteeGA

Restrictive covenants or non-compete agreements limit the ability of workers to leave their employers for better jobs. This company has chosen to abandon that practice and gives good reasons for why other businesses should do the same. These agreements can challenged so if you have been forced to sign a non-compete agreement, instead of just assuming it is valid, you should have an expert, such as my firm, review it to deteremine its legality.

Our country is a better place thanks to the Americans with Disabilities Act. Thanks to it, millions of people with disabilities, and the elderly, have access to public facilities and businesses and are protected from discrimination on the job.

VETERAN'S LEGAL CLINIC JULY 11, 10:00AM-Noon The University of Georgia School of Law’s Veteran’s Legal Clinic is offering a free virtual clinic July 11 to provide individual attorney consultations to veterans on pandemic related legal issues including: landlord-tenant and eviction; mortgages and foreclosures; debt and debt management; employment and unemployment compensation; family law and domestic violence. Pre-registration is required by calling 542-6439 or emailing [email protected]. Please share with anyone who may be interested.

I am proud to be a member of the National Employment Lawyers Association, who fought with other coalition partners to bring about this great success at the Supreme Court.

I applaud all those who helped make this happen. Hill & Associates has sought to protect the rights of LGBTQ workers, even thought the law in our circuit was unfavorable. Finally, the Supreme Court is making it clear that discrimination on the basis of sexual orientation or gender identify is prohibted under federal law. In Landmark Ruling, U.S. Supreme Court Finds LGBTQ Workers Are Protected Under Title VII An employer who fires an individual merely for being gay or trans...gender defies the law. The Supreme Court ruled today that an employer who discriminates against an individual on the basis of their sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964, a landmark decision for LGBTQ workers. The opinion was largely based on the text of Title VII. As the majority notes: In our time, few pieces of federal legislation rank in significance with the Civil Rights Act of 1964. . . An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision; exactly what Title VII forbids. Rates of discrimination against LGBTQ individuals in the workplace are much higher than those of other workers. According to a poll developed by Harvard University, Among all LGBTQ Americans, at least one in five report having personally experienced discrimination because of their sexuality or gender identity when applying for jobs (20%), when being paid equally or considered for promotion (22%). LGBTQ low-wage workers, LGBTQ workers of color, and LGBTQ immigrants face even higher rates of workplace discrimination. Many LGBTQ workers remain closeted at work, unsure if courts can and will hold those who discriminate against them accountable.

People don't like think about death and dying, but with the COVID 19 pandemic it is more important than ever that people decide who they want to make decisions about their health care if they are unable to, and also to give that person direction on the choices they want to be made. The Georgia Division of Aging has provided a form that complies with Georgia law on health care powers of attorney/advance directive at the link below. Even if you have told your loved ones what your end of life preferences are, having it in writing makes it easier for them if they are called on to make decisions for you. While you are sheltering at home, spend a few minutes completing this form (and sign with witnesses), following the directions provided. https://aging.georgia.gov//georgia-advance-direct/download

Here's a free video from the Equal Employment Opportunity Commission in which they answer common questions that have arisen during the COVID 19 pandemic. https://www.youtube.com/watch

I have not been able to completely review and analyze the newest COV 19 legislation, referred to as the CARE Act, but here is a link that provides some guidance for unemployment related provisions. I will update this as soon as additional guidance become available.

Live Q & A: Your Coronavirus Pandemic/Workplace Law Questions Answered. Have a question? Message us here live for an answer.

According to this article, Gov. Kemp has announced that unemployment benefits are being extended to 26 weeks (previously 14 weeks). The first $300 of earned wages will not count against unemployment benefits and employers' accounts will not be charged for COV 19 related unemployment. Hopefully, more details will become available soon.