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The Working Families Flexibility Act: Nothing But Empty Promises

Posted by | Posted on: April 25, 2013 at 02:52 pm

Last week we submitted comments in opposition to The Working Families Flexibility Act, the “comp time in lieu of overtime” bill that went to the House Education and the Workforce Committee’s Subcommittee on Workforce Protections for a markup last Wednesday. And now we can’t get the song “Promises, Promises” out of our heads.



You made me promises, promises
You knew you'd never keep
Promises, promises
Why do I believe?

The Working Families Flexibility Act is filled with empty promises. Instead of providing flexibility, it would take hard-earned overtime pay out of workers’ pockets in exchange for the elusive promise of compensatory time off. While the bill’s supporters claim that there is nothing coercive about offering a comp time alternative to overtime pay, they do so against a backdrop of rampant violations of low-wage workers’ rights to overtime. In a study of low-wage workers in major cities, 76% said they worked overtime without being paid time and one-half.  It is a safe bet that enacting a comp time law would give rise to a whole new category of wage and hour abuses. 

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Take Our Children to Work Today, and to High-Quality Early Education Tomorrow

Posted by Karen Schulman, Senior Policy Analyst | Posted on: April 25, 2013 at 09:30 am

Millions of parents and children will have a cheerful change from their usual routines today, on Take Our Daughters and Sons to Work Day. It’s a day when children bring a bit more energy to offices around the country with their laughter and little voices. And it’s a day when children get a glimpse of their possible futures. The day is designed to encourage children to think about what work they might like to do when they grow up and about how to get there, and show them that, if they try hard in school, they can become what they want to be.

Take Our Sons and Daughters to Work Day is a special day each year when parents can help their children take one step further on a path to success in school, work, and life. But children’s progress on that path also depends on their experiences all the other days of the year, starting from their earliest years. Children’s futures depend on their daily experiences, which include their experiences in early care and education—experiences that influence children’s growth and learning and readiness for school.

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Second Woman (Ever) Confirmed to Eighth Circuit

Posted by Amy K. Matsui, Senior Counsel and Director of Women and the Courts | Posted on: April 24, 2013 at 03:17 pm

This morning, by a vote of 96-0, Jane Kelly was confirmed to the Eighth Circuit Court of Appeals. She becomes the second woman ever to sit on that court, joining Judge Diana Murphy, and the first from Iowa.

Now-Judge Kelly’s confirmation is not only worth celebrating because it adds much-needed diversity to this court, but also because it is exemplary of what the confirmation process should look like: Judge Kelly was nominated on January 31, had her judiciary committee hearing on February 27, was voted out of committee on March 22 – and one month and two days later, she was confirmed. Rather than the 116 days that, on average, President Obama’s nominees wait for a vote on the Senate floor, Judge Kelly was confirmed only 83 days after her nomination.

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The Student Non-Discrimination Act: Clarifying Protections for LGBTQ Students

Posted by Amy Tannenbaum, Program Assistant | Posted on: April 18, 2013 at 02:06 pm

When applying to college several years ago, I was privileged to be able to consider women’s colleges without being concerned that my gender identity would present any problem in the application process. This is because I am cisgender – a term used for people who have a gender identity that “matches” the sex they were assigned at birth. For transgender applicants like Calliope Wong, things were more complicated.

Calliope, who identifies as a transgender woman, applied with high hopes to Smith College, a women’s college in Massachusetts. Her application was returned to her, unreviewed, with a letter from the admissions office that because her federal financial aid paperwork indicated her sex as male, they could not accept her application.

When I think about Calliope, I also think about how much we need the Student Non-Discrimination Act (SNDA), a bill that was reintroduced today in the House of Representatives.

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NWLC Joins Title IX Lawsuit Regarding Sexual Assault and Harassment

Posted by Devi Rao, Fellow | Posted on: April 18, 2013 at 11:38 am

Today, NWLC, with the Michigan law firm Smietanka, Buckleitner, Steffes and Gezon, filed a Title IX lawsuit in federal court against the Forest Hills School District outside of Grand Rapids, Michigan. We represent a high school student—we call her Jane Doe to protect her privacy—who was sexually assaulted on campus by a fellow student and star basketball player.

Jane was brave enough to tell a teacher what happened, and that teacher told the school principal. But when the principal met with Jane and her parents he discouraged her from filing a police report and implied that she’d jeopardize her assailant’s changes of getting recruited by Division 1 schools (!!!).

Jane reported her assault to the police anyway, and they opened an investigation. Title IX, the federal law that prohibits sex-based harassment, including sexual assault, in federally-funded education programs, requires schools to investigate and respond to allegations of sexual assault.

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Blow to Low Wage Women Workers: Genesis Healthcare Corp v. Symczyk and the Fair Labor Standards Act

Posted by Cortelyou Kenney, Fellow | Posted on: April 18, 2013 at 09:16 am

On Tuesday, in Genesis Healthcare Corp v. Symczyk, the Supreme Court struck a blow to collective actions under the Fair Labors Standards Act (“FLSA”). In a 5-4 decision, the Court held that courts lack jurisdiction to hear collective action cases if the named plaintiff’s (or plaintiffs’) own claims are “moot.” Under the FLSA, collective actions are similar to class actions in that they allow plaintiffs to sue on behalf other unnamed, but similarly situated, individuals, but collective actions do not require many of the stringent limitations imposed on class actions (such as numerosity or typicality of claims). The Supreme Court’s decision means that if the named plaintiff no longer has a “personal stake” in the case and no other individuals have yet joined the case, no relief is available to the group and the case must end, even though the named plaintiff’s complaint sought damages for a group and not solely for herself.

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MO Attorney General Won’t Appeal Ruling Striking Down an Exemption to the Contraceptive Coverage Requirement

Posted by Kelli Garcia, Senior Counsel | Posted on: April 17, 2013 at 10:41 am

Score one for sanity! Last Thursday, the Missouri Attorney General announced that he will not appeal a federal court ruling that struck down a Missouri law that would have required insurance issuers to issue polices without contraceptive coverage to employers who claim that birth control violates their “moral, ethical or religious beliefs.”

The law directly conflicted with the federal health care law’s contraceptive coverage requirement, which requires all new health insurance plans to cover contraceptives with no co-pay. In his announcement, the Attorney General aptly stated, “the attempt to deny contraceptive coverage to women in Missouri is just plain foolishness” and “cannot be supported by case law or sound policy.”

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Most People Want States to Take Federal Money to Cover More Uninsured People through Medicaid

Posted by Andrea Maruniak, Media Manager | Posted on: April 16, 2013 at 11:07 am

Cross-posted from the Daily Kos.

Across the country, states continue to debate and negotiate whether they will accept federal money to cover more uninsured people through Medicaid. But nearly two out of three people have already made up their minds that lawmakers should take this unprecedented opportunity to cover more people, according to a new survey sponsored by the National Women’s Law Center and Georgetown University’s Center for Children and Families.

The new health care law known as the Affordable Care Act (ACA) allocates money for each state to cover more uninsured people through Medicaid. It’s a great deal for states, since these federal dollars will cover 100% of costs in the first few years and will ultimately pay for 90% of the yearly costs of this coverage. But because last year’s Supreme Court decision made accepting these funds optional, in states that choose to turn down the money, some people will earn too little to qualify for tax credits to purchase coverage in the new health insurance marketplace, yet won’t be able to obtain coverage through Medicaid. In other words, these people will fall into a “coverage gap” and will get no help toward affording health coverage, while some people who make more money will still get help.

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