A Better Balance

A BETTER BALANCE (ABB) IS A LEGAL ADVOCACY ORGANIZATION USING A RANGE OF LEGAL STRATEGIES TO PROMOTE EQUALITY AND EXPAND CHOICES IN THE WORKPLACE FOR AT ALL INCOME LEVELS SO THEY MAY CARE FOR THEIR FAMILIES WITHOUT SACRIFICING THEIR ECONOMIC SECURITY.

(1) PAID FAMILY AND MEDICAL LEAVE BARELY EXISTS IN THE UNITED STATES. THE ONLY FEDERAL PROTECTION FOR FAMILIES WITH A NEW CHILD OR A SERIOUSLY ILL FAMILY MEMBER IS THE FAMILY AND MEDICAL LEAVE ACT (FMLA), BUT THAT LAW APPLIES ONLY TO BUSINESSES WITH OVER 50 EMPLOYEES, LIMITS ACCESS FOR PART-TIME AND NEWLY HIRED WORKERS, AND GUARANTEES ONLY UNPAID LEAVE, WHICH SEVERELY RESTRICTS ITS USE, ESPECIALLY AMONG LOW-INCOME WORKERS. UNTIL 2017, THERE WERE ONLY THREE STATES THAT HAD A PROGRAM FOR PAID FAMILY LEAVE. HOWEVER, WORKING CLOSELY WITH THE GOVERNOR OF NEW YORK AND THE STATE LEGISLATURE, WE WERE ABLE TO PASS THE FOURTH PAID FAMILY LEAVE LAW IN THE NATION WHICH MADE THE BREAKTHROUGH OF OFFERING JOB PROTECTED 12 WEEKS OF PAID FAMILY LEAVE. FOLLOWING PASSAGE OF THAT LAW IN NEW YORK WE HAVE BEEN ABLE TO HELP PASS TEN MORE PAID FAMILY AND MEDICAL LEAVE LAWS INCLUDING TWO THAT PASSED IN THE LAST FISCAL YEAR IN MAINE AND MINNESOTA JOINING . MASSACHUSETTS, OREGON, WASHINGTON, CONNECTICUT, COLORADO, MARYLAND, DELAWARE AND WASHINGTON D.C. WE HAVE ALSO HELPED IMPROVE EXISTING LAWS IN CALIFORNIA AND NEW JERSEY USING OUR NEW YORK MODEL. DURING THE CURRENT FISCAL YEAR WE CONTINUED TO WORK CLOSELY WITH THE ADMINISTRATION AND CONGRESS TO ARGUE FOR THE NEED FOR A FEDERAL PAID FAMILY AND MEDICAL LEAVE LAW THAT WOULD EXTEND THESE IMPORTANT PROTECTIONS TO WORKERS THROUGHOUT THE UNITED STATE. WE HAVE ALSO MADE GREAT STRIDES IN HELPING TO OBTAIN PAID LEAVE FOR STATE AND LOCAL WORKERS IN STATES SUCH AS TENNESSEE AND LOUISIANA WHERE PASSAGE OF UNIVERSAL PAID LEAVE FOR ALL WORKERS IS CHALLENGING BUT THE COVERAGE OF PUBLIC WORKERS HAS AN OUTSIZED EFFECT ON WOMEN, ESPECIALLY WOMEN OF COLOR.(2) MOST PEOPLE DONT REALIZE THAT ABOUT A THIRD OF THE U.S. WORKFORCE LACKS EVEN A SINGLE DAY OFF THEY CAN USE TO CARE FOR THEIR OWN OR A FAMILY MEMBERS ILLNESS. A BETTER BALANCE HAS PROVIDED EXTENSIVE LEGAL ADVICE AND SUPPORT FOR EFFORTS TO SECURE PAID SICK DAYS GUARANTEES THROUGHOUT THE COUNTRY. WE PROVIDE ONGOING LEGAL SUPPORT TO STATES AND LOCALITIES WORKING ON PAID SICK DAYS ISSUES AND NOW HAVE HELPED PASS THESE LAWS IN 15 STATES AND 23 LOCALITIES (INCLUDING THE LARGEST CITIES IN THE COUNTRY NEW YORK, CHICAGO AND LOS ANGELES). IN ADDITION, WE HELPED TWO MORE STATES PASS PAID TIME OFF LAWS (IN MAINE AND NEVADA) WITH TIME GUARANTEED TO WORKERS FOR ANY PURPOSE. THIS PAST FISCAL YEAR WE WORKED ON WHAT IS THE STRONGEST PAID SICK TIME LAW IN THE NATION THAT WAS PASSED IN COLORADO AND ALSO PASSED A STRONG PERMANENT LAW IN NEW YORK STATE. WHEN THE COVID 19 PANDEMIC HIT, WE WORKED TO ENSURE THAT PAID SICK TIME PROTECTIONS WERE INCLUDED IN FEDERAL RELIEF PACKAGES AND THEN WORKED TIRELESSLY TO GET THE WORD OUT ABOUT THE EMERGENCY FEDERAL LAW. WE ALSO WORKED WITH STATES AND CITIES TO PASS EMERGENCY PAID SICK TIME LAWS TO DEAL WITH THE EMERGENCY. WE HAVE DEVELOPED MODEL POLICIES USED THROUGHOUT THE COUNTRY INCLUDING MODEL FAMILY DEFINITIONS THAT INSURE INCLUSIVENESS FOR ALL FAMILIES AND HAVE WORKED ON REGULATIONS TO INSURE ROBUST IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS. WE HAVE ALSO HELPED DEFEND THOSE LAWS IN COURT WHEN CHALLENGES HAVE BEEN LAUNCHED IN TEXAS, MASSACHUSETTS, WASHINGTON AND MINNESOTA. DISCRIMINATION AGAINST PREGNANT WORKERS AND FAMILY CAREGIVERSLOW-WAGE WORKING WOMEN, ESPECIALLY SINGLE MOTHERS, ARE PARTICULARLY AT RISK OF LOSING INCOME OR EVEN THEIR JOBS IN THEIR EFFORT TO FULFILL FAMILY RESPONSIBILITIES AND THAT RISK IS ESPECIALLY PRESENT DURING PREGNANCY. ABB HAS LED A RANGE OF WORK AT THE FEDERAL, STATE, AND LOCAL LEVELS TO CHANGE LAWS AND POLICIES THAT ADDRESS THE LIMITATIONS OF CURRENT LEGAL PROTECTIONS FOR PREGNANT, BREASTFEEDING, AND CAREGIVING WORKERS. AN A BETTER BALANCE NEW YORK TIMES OP-ED IN JANUARY 2012 INSPIRED CONGRESSIONAL ACTION, LEADING TO THE PREGNANT WORKERS FAIRNESS ACT (PWFA) INTRODUCTION. THANKS TO ABBS LEADERSHIP 30 STATES AND 5 LOCALITIES NATIONWIDE NOW HAVE PREGNANT WORKERS FAIRNESS LAWS. MOST RECENTLY, A BETTER BALANCE LED A DECADE-LONG MOVEMENT FOR PASSAGE OF THE FEDERAL PREGNANT WORKERS FAIRNESS ACT. THE PUMP FOR NURSING MOTHERS ACT ALSO PASSED IN 2022 AFTER MANY YEARS OF ABBS ADVOCACY. BOTH FEDERAL BILLS PASSED WITH OVERWHELMING BIPARTISAN SUPPORT AFTER ABB TESTIFIED TWICE AS THE LEGAL EXPERT BEFORE CONGRESS. POST-PASSAGE, ABB HAS GUIDED THE ENFORCING AGENCY, INCLUDING SUBMITTING A 100-PAGE COMMENT ON THE AGENCYS PROPOSED RULE INFORMED BY THE EXPERIENCES OF HUNDREDS OF WORKERS. ABB ENGAGES IN OUTREACH AND EDUCATION OF THESE CRITICAL NEW PROTECTIONS AND EXISTING LAWS WITH ROBUST KNOW YOUR RIGHTS TRAININGS, MATERIALS, AND PARTNERSHIPS, AS WELL AS ENCOURAGING POLICYMAKERS TO PRIORITIZE THIS ISSUE. WE HAVE ALSO WORKED WITH PUBLIC HEALTH ADVOCATES TO HELP ADDRESS THE COUNTRYS STAGGERING RACIAL DISPARITIES IN MATERNAL AND INFANT HEALTH. DURING THE COVID-19 PANDEMIC, ABB TURNED OUR ATTENTION TO HELPING POLICYMAKERS, WORKERS, AND THE PUBLIC UNDERSTAND THE SERIOUS IMPLICATIONS OF THE DISEASE ON PREGNANT WOMEN AND THEIR FAMILIES, BOTH ECONOMICALLY AND PHYSICALLY. IN ADDITION, DUE TO ABBS EFFORTS, CAREGIVER DISCRIMINATION LAWS HAVE BEEN PASSED IN BOTH NEW YORK CITY AND NEW YORK STATE. ABB HAS BEEN WORKING THROUGHOUT THE COUNTRY, LITIGATING CASES, PUBLISHING ARTICLES AND REPORTS, AND PROVIDING LEGAL SUPPORT TO THOSE WHO ARE TRYING TO IMPROVE THE LEGAL LANDSCAPE FOR PREGNANT AND CAREGIVING WORKERS. WE ALSO ASSISTED WITH INTRODUCTION OF FEDERAL CAREGIVER DISCRIMINATION LEGISLATION.