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 MEN AND WOMEN AT ALL INCOME LEVELS SO THEY MAY CARE FOR THEIR FAMILIES WITHOUT SACRIFICING THEIR ECONOMIC SECURITY.

PAID LEAVE PAID FAMILY AND MEDICAL LEAVE AND PAID SICK DAYS A BETTER BALANCE HELPS LEAD THE FIGHT FOR PAID FAMILY LEAVE AND PAID SICK TIME THROUGHOUT THE COUNTRY. (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 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 AND THE ONLY ONE TO GUARANTEE 12 WEEKS OF JOB PROTECTED LEAVE. FOLLOWING PASSAGE OF THAT LAW IN NEW YORK WE WERE ABLE TO HELP PASS FIVE MORE PAID FAMILY AND MEDICAL LEAVE LAWS IN MASSACHUSETTS, OREGON, WASHINGTON, CONNECTICUT AND WASHINGTON D.C. AND HELPED IMPROVE EXISTING LAWS IN CALIFORNIA AND NEW JERSEY USING OUR NEW YORK MODEL. WHEN THE NEW YORK LAW WENT INTO EFFECT IN JANUARY 2018, WE WORKED TO EDUCATE THE PUBLIC AND KEY STAKEHOLDERS ABOUT THE NEW LAW TO INSURE THAT THOSE WHO NEED IT WILL BE ABLE TO TAKE ADVANTAGE OF IT. DURING THE CURRENT FISCAL YEAR WE WORKD CLOSELY WITH THE ADMINISTRATION AND CONGRESS TO CRAFT A FEDERAL PAID FAMILY AND MEDICAL LEAVE LAW THAT WOULD EXTEND THESE IMPORTANT PROTECTIONS TO WORKERS THROUGHOUT THE UNITED STATE.(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 13 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 BEEN ACTIVELY INVOLVED IN A RANGE OF WORK AT THE LOCAL, STATE, AND FEDERAL LEVELS TO CHANGE LAWS AND POLICIES THAT ADDRESS THE LIMITATIONS OF CURRENT LEGAL PROTECTIONS FOR PREGNANT, BREASTFEEDING, AND CAREGIVING WORKERS. A NEW YORK TIMES OP-ED IN JANUARY 2012 INSPIRED CONGRESSIONAL ACTION, LEADING TO THE PREGNANT WORKERS FAIRNESS ACT (PWFA) INTRODUCTION. ABBS WORK ON THIS ISSUE HAS LED TO ENACTMENT OF PREGNANT WORKERS FAIRNESS LAWS IN 30 STATES AND 5 LOCALITIES NATIONWIDE; OUR WORK HAS RESULTED IN STRONGER LEGAL PROTECTIONS FOR PREGNANT WORKERS THROUGHOUT THE COUNTRY. THESE BILLS PASS WITH OVERWHELMING BIPARTISAN, AND OFTEN UNANIMOUS, SUPPORT. IN 2020, THE U.S. HOUSE OF REPRESENTATIVES PASSED THE PREGNANT WORKERS FAIRNESS ACT WITH EVERY DEMOCRAT AND A MAJORITY OF REPUBLICANS VOTING IN FAVOR OF THE BILL AFTER ABB TESTIFIED AS THE LEGAL EXPERT IN THE HEARING. IT PASSED THE HOUSE AGAIN WITH SIMILARLY STRONG BIPARTISAN SUPPORT IN 2021. 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, 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. 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 IN STATES AND LOCALITIES WHO ARE TRYING TO IMPROVE THE LEGAL LANDSCAPE FOR PREGNANT AND CAREGIVING WORKERS. WE ALSO ASSISTED WITH INTRODUCTION OF FEDERAL CAREGIVER DISCRIMINATION LEGISLATION AND FEDERAL BREASTFEEDING PROTECTION LEGISLATION. PROMOTING FAMILY ECONOMIC SECURITY A BETTER BALANCE IS WORKING TO PROMOTE FAMILY ECONOMIC SECURITY, DEVELOPING POLICIES FOR INCREASED WORKPLACE FLEXIBILITY, PROTECTIONS AGAINST SCHEDULING ABUSES AND POLICIES TO INSURE EQUAL PAY FOR EQUAL WORK. TODAY, WOMEN MAKE UP HALF OF ALL WORKERS ON U.S. PAYROLLS, AND TWO-THIRDS OF MOTHERS ARE THE PRIMARY OR CO-BREADWINNERS, MANY OF WHOM NEED SOME CONTROL OVER THEIR WORK SCHEDULES IN ORDER TO STAY IN THE WORKFORCE. HOWEVER, AN OVERWHELMING MAJORITY OF WORKERS FEAR MARGINALIZATION OR, EVEN WORSE, RETALIATION, FOR REQUESTING CHANGES IN THEIR WORK SCHEDULE. SCHEDULING PROBLEMS ARE PARTICULARLY PREVALENT IN THE RETAIL INDUSTRY, WHERE WORKERS ARE OFTEN UNCERTAIN OF THEIR SCHEDULE UNTIL THE LAST MINUTE AND ARE EVEN SENT HOME WITHOUT PAY IF MANAGERS DETERMINE THEY ARE NOT NEEDED. ABB IS WORKING IN COALITION WITH OTHER GROUPS TO ADDRESS THE ISSUE OF UNCERTAIN SCHEDULING BY DEVELOPING AND PROPOSING POLICIES THAT PROTECT RATHER THAN UNDERMINE THESE WORKERS. DURING THIS PERIOD WE HELPED CRAFT ONE OF THE MOST FAR REACHING LAWS IN THE NATION REQUIRING THAT FAST FOOD WORKERS BE GIVEN ADVANCE NOTICE OF THEIR SCHEDULES AND PROHIBITING ON CALL SCHEDULING IN THE RETAIL INDUSTRY.REPRESENTATION OF WORKERS AND OUTREACH AND EDUCATION ON LEGAL RIGHTS.ABB RUNS A NATIONWIDE, FREE AND CONFIDENTIAL LEGAL HELPLINE THAT SERVES WORKERS WHO ARE HAVING PROBLEMS AT WORK DUE TO THEIR FAMILY RESPONSIBILITIES, PREGNANCY OR LACK OF LEAVE. DURING THE LAST FISCAL YEAR, OUR HELPLINE HAS EXPLODED, NEARLY QUADRUPLING THE NUMBER OF CALLERS AND CALLS HAVE COME IN FROM ALL OVER THE COUNTRY DUE IN LARGE PART TO THE PROBLEMS WORKERS ARE ENCOUNTERING WITH RESPECT TO ILLNESS IN THE PANDEMIC. WE PUBLISHED A BOOK, BABYGATE THAT GIVES INFORMATION TO PREGNANT AND NEW PARENTS ABOUT THEIR RIGHTS IN EACH STATE. WE HAVE PREPARED BROCHURES, FLYERS AND OTHER INFORMATIONAL MATERIALS IN ENGLISH AND SPANISH AND DONE EXTENSIVE TRAININGS AND OUTREACH TO INSURE THAT WORKERS KNOW ABOUT THEIR RIGHTS UNDER THE LAWS WE HAVE HELPED PASS AND UNDER NEW LAWS WITH NEW RIGHTS DURING THE PANDEMIC, ESPECIALLY IN THE SOUTH WHERE LEGAL INFORMATION AND ADEQUATE PROTECTIONS ARE SCARCE.