Skip to content Skip to main menu
  • News
  • Events
  • Law Library
  • Giving
  • Alumni
  • Quicklinks

    • Academic Calendar
    • bCourses Overview
    • bCourses Link
    • Schedule of Classes
    • Academic Rules
    • View Evaluations
    • UC Berkeley Law Logo (Identity)
    • RoloLaw
    • Event, Catering and Food Policy
    • Emergency Info
    • Resource Hub for Faculty & Staff
    • COVID-19 Information

    Support

    • Remote Teaching Resources
    • Computing Support
    • Faculty Support Unit
    • Berkeley Law Events
    • Business Services
    • Faculty Services (Library)
    • Human Resources & Academic Personnel
    • Instructional Technology
    • Phones
    • Room Reservations
    • Building Services
    • Resources to Respond to Sexual Harassment
  • Quicklinks

    • Academic Calendar
    • b-Line
    • Berkeley Law Facebook
    • Financial Aid
    • Faculty Profiles
    • Schedule of Classes
    • Teaching Evaluations
    • Final Exam Review Session Schedule
    • Exams
    • Final Exam Schedule
    • CalCentral
    • COVID-19 Information
    • Event, Catering and Food Policy
    • Emergency Info
    • Resource Hub for Students

    For Students

    • Dean of Students Office
    • Academic Policies
    • Academic Skills Program
    • Student Organizations
    • Student Journals
    • Commencement
    • Bookstore
    • Wellness at Berkeley Law
    • Registrar
    • University Health Services
    • Resources to Respond to Sexual Harassment
    • Inclusive Restrooms
  • Search for People at Berkeley Law

UC Berkeley Law
    • Academics Home
    • Areas of Study
      • Criminal Justice
      • Environment and Energy
      • Human Rights
      • Social Justice and Public Interest
        • Curriculum
          • J.D. Path
          • LL.M. Path
        • Social Justice+Public Interest Community at Berkeley Law
          • Public Interest and Pro Bono Graduation
      • Business and Start-ups
        • Business Law Curriculum
        • Business Law Faculty
      • Law and Technology
        • Student Activities
        • Law and Tech Curriculum
        • Law and Tech Faculty
      • Environmental Law
      • International and Comparative Law
        • Centers, Clinics, and Programs
        • Faculty
        • Student Activities
      • Constitutional and Regulatory
      • Law and Economics
        • Faculty
        • Prospective Students
        • Visiting Scholars
        • Law and Economics Fellowship
    • J.D. Program
      • First-Year Curriculum
      • Concurrent Degree Programs
      • Combined Degree Programs
      • Berkeley-Harvard Degree Programs
    • LL.M. Programs
      • Current Academic Calendars
      • LL.M. Executive Track
        • Past LL.M. Executive Track Academic Calendars
          • 2023 LL.M. Executive Track Academic Calendar
          • 2022 LL.M. Executive Track Academic Calendar
          • 2021 LL.M. Executive Track Academic Calendar
          • 2020 LL.M. Executive Track Academic Calendar
          • 2019 LL.M. Executive Track Academic Calendar
          • 2018 LL.M. Executive Track Academic Calendar
        • LL.M. Executive Track Courses
      • LL.M. Traditional Track
        • Current Academic Calendars
      • LL.M. Courses
      • Certificates of Specialization
      • Application & Admission
        • Steps to Apply
        • Application Forms & Deadlines
        • Eligibility & Admission Standards
        • Application Checklist
        • Admissions Policies
        • Check Application Status
      • Tuition & Financial Aid
        • Cost of Attendance
        • Scholarships
        • Ways to Fund Your Studies
          • Financial Aid Checklist for LL.M./J.S.D. Students
        • FAQ Financial Aid
      • Admitted Students
        • Visas
        • Housing Resources
        • Cancellation & Refund Policies
      • Join an Event & Connect with LL.M. Staff
        • Recruiting and Informational Events
        • Visit Us!
        • Contact Us
      • Meet Our Students
        • LL.M. Thesis Track Student Profiles
      • Meet Our Partners
      • Questions? Start Here
    • Doctoral Programs
      • J.S.D. Program
        • Application & Admission
          • Steps to Apply
          • Application Form & Deadline
          • Eligibility & Admission Standards
          • Application Checklist
          • Check Application Status
        • J.S.D. Tuition & Financial Aid
          • Cost of Attendance for JSD
          • Robbins J.S.D. Fellowship
        • J.S.D. Student Profiles
          • Zehra Betul Ayranci
          • Ella Corren
          • Silvia Fregoni
          • George Lambeth Vicent
          • Sylvia Si-Wei Lu
          • Natsuda Rattamanee
          • Youngmin Seo
          • Abdullah Alkayat Alazemi ’21
          • Mehtab Khan ’21
          • Maximilien Zahnd ’21
          • Shao-Man Lee ’20
          • Alvaro Pereira ’20
        • Contact Us
      • Ph.D. Program – Jurisprudence and Social Policy (JSP)
        • Events Calendar »
    • Certificates & Honors
    • Executive Education
    • Schedule of Classes
      • One Year Curriculum Planner
    • Current Academic Calendars
      • 2024-2025 Academic Calendar
      • 2025 LL.M. Executive Track Calendar
      • Past Academic Calendars
        • 2023-2024 Academic Calendar
        • 2022-2023 Academic Calendar
        • 2021-2022 Academic Calendar
        • 2020-2021 Academic Calendar
        • 2019-2020 Academic Calendar
        • 2018-2019 Academic Calendar
        • 2017-2018 Academic Calendar
        • 2016-2017 Academic Calendar
        • 2015-2016 Academic Calendar
        • 2014-2015 Academic Calendar
        • 2013-2014 Academic Calendar
        • 2012-2013 Academic Calendar
        • 2011-2012 Academic Calendar
        • 2010-2011 Academic Calendar
        • 2009-2010 Academic Calendar
        • 2008-2009 Academic Calendar
      • Future Academic Calendars
        • 2025-2026 Academic Calendar
    • Registrar
      • Order of the Coif and Dean’s List
      • Academic Rules
        • Supplemental Academic Rules for Traditional Track LL.M. Students
        • Academic Honor Code
        • Academic Rules Petition
        • Academic Rule 3.06 – applies to the Class of 2010 and before
        • Credit Hours
      • Registration
      • Transcripts
      • Verification of Attendance
      • Registrar’s Forms
      • Ordering a Diploma »
      • J.D. Academic Guidance
        • 3L Requirements FAQ
        • 3L Degree Worksheet
      • Registrar’s Student FAQ
      • Bar Information
        • State Bar Swearing-In Ceremony Information
          • State Bar Swearing-In Ceremony – Who’s Coming
    • Admissions Home
    • J.D. Admissions
      • Applying for the J.D. Degree
        • Ready to Apply
        • After You’ve Applied
        • Transfer & Visiting Student Applicants
        • Pre-Law Preparatory Academy
        • FAQs
      • Entering Class Profile
      • Connect with Admissions
        • Plan Your Visit
        • Virtual Engagement
        • Recruitment Events
        • Law Building Tour
        • View the Prospectus
        • Contact LL.M. Admissions
        • Contact J.S.P. Admissions
      • Meet Our Students
      • Studying at Berkeley Law
      • Living in the Bay Area
      • Concurrent & Combined Degree Programs
      • Faculty Admissions Policy
      • Financial Aid
        • Prospective and Entering Students
          • Entering Student Registration & Financial Aid Information
          • Financial Aid for International J.D. Students
          • Financial Aid for Undocumented J.D. Students
          • Legal Resident Information
        • Types of Aid
          • Scholarships
          • Loans
          • Work-Study
          • Native American Opportunity Plan
          • Financial Aid for Active Military and Veteran J.D. Students
          • Resources For Bar Related Expenses
        • How to Apply
          • Financial Aid Checklist & Timeline For Entering Students
          • Financial Aid Checklist & Timeline For Continuing Students
          • Financial Aid Checklist & Timeline For Incoming Transfer Students
        • Tuition & Fees
          • Cost of Attendance Adjustments
        • Forms
        • PDST-Increase Offset Awards (PIOAs)
        • Loan Repayment Assistance Program (LRAP)
          • LRAP Eligibility Guidelines
          • LRAP Eligibility Calculator
          • How to Apply for LRAP
          • LRAP Forms
          • Public Service Loan Forgiveness (PSLF)
          • News & Updates
          • LRAP & PSLF Testimonials
          • LRAP FAQs
        • Satisfactory Academic Progress
        • Withdrawals and Financial Aid
        • Info Sessions & Presentations
        • Financial Literacy
        • Financial Aid – J.D. Concurrent Degree Programs
        • FAQ & Glossary
        • Requesting a Financial Aid Award for a Student
        • About Our Team
      • Outreach Partnerships
      • Admitted Students – First-Year »
      • Admitted Students – Transfer & Visitor Status »
      • For Current Berkeley Law Students
      • Admissions Policies
      • ABA Required Disclosures »
    • LL.M. Admissions
    • J.S.D. Admissions
    • Ph.D. (JSP) Admissions
    • Visiting Scholar and Visiting Student Researcher Admissions
    • Faculty & Research Home
    • Faculty Experts by Topic
    • Faculty Profiles
    • Deans Emeritus Lecturers
    • Recent Faculty Scholarship
    • Awards and Honors
    • Faculty on Social Media
    • Faculty in the News
    • Featured Research
    • Centers, Institutes & Initiatives
    • Experiential Home
    • Clinical Program
      • Apply to the Clinics
      • Death Penalty Clinic
        • About the Clinic
          • Faculty and Staff
          • Alumni
        • Clinic News
        • Projects and Cases
          • Death Penalty Clinic Amicus Curiae Briefs
          • Guess Who’s Coming to Jury Duty?: How the Failure to Collect Juror Demographic Data Contributes to Whitewashing the Jury Box
          • Whitewashing the Jury Box: How California Perpetuates the Discriminatory Exclusion of Black and Latinx Jurors
        • Information for Students
        • Resources and Publications
          • Capital Defense Internships and Jobs
        • Donate to the Clinic
      • East Bay Community Law Center
      • Environmental Law Clinic
        • About the Clinic
        • Information for Students
        • Newsletters
        • Clinic News
        • Student Voices
        • Faculty and Staff
        • Alumni
        • Donate to the Clinic
        • Lawsuit Filed Over Radioactive Waste at Hunters Point Naval Shipyard
      • Global Rights Innovation Lab Clinic
        • About Us
        • Information for Students
      • Human Rights Clinic
        • About the Clinic
          • Alumni
          • Faculty and Staff
        • Clinic News
        • Projects and Cases
          • Featured Reports and Projects
          • Accountability and Transitional Justice
          • Promoting Human Rights in the United States
          • A Rights-Based Approach to Combating Poverty: Economic, Social & Cultural Rights
          • Counter-Terrorism and Human Rights
        • Resources and Publications by Focal Area
        • Information for Students
          • Student Self-Reflection
        • Donate to the Clinic
      • Policy Advocacy Clinic
        • About Us
        • People
          • Georgia Valentine
        • Clinic News
        • Resources and Publications
        • Juvenile Fees
          • COVID-19 Action on Juvenile Fees
          • Juvenile Fee Abolition in California
        • Adult Fees
          • Ending Unjust and Ineffective Criminal Fees in California
        • Students
        • Donate to the Clinic
      • Samuelson Law, Technology & Public Policy Clinic
        • About
          • Faculty and Staff
          • Clinic Alumni
          • Partners
        • Clinic News
        • Our Work
        • Information for Students
        • Access Reports
      • Social Enterprise Clinic
        • About Us
        • Information for Students
        • Our Work
      • Clinical Program Annual Report
        • Annual Report Archive
      • The Brian M. Sax Prize for Excellence in Clinical Advocacy
        • Brian M. Sax
        • Recipients
    • Pro Bono Program
      • The Pro Bono Pledge
        • Definition of Pro Bono
      • Log Your Pro Bono Hours
        • Definition of Pro Bono
      • Student-Initiated Legal Services Projects (SLPS)
        • How to Apply
        • Current Student-Initiated Legal Services Projects
          • Animal Law and Advocacy
          • Arts and Innovation Representation
          • Berkeley Immigration Group
          • Berkeley Law Anti-Trafficking Project
          • Berkeley Law and Organizing Collective
          • Business Community Legal Advice Workshop
          • California Asylum Representation Clinic
          • Clean Energy Leaders In Law
          • Climate Migration & Displacement Project
          • Consumer Protection Public Policy Order
          • Contra Costa Reentry Project
          • Digital Rights Project
          • Disability Rights Project
          • Drug Policy, Education, and Decriminalization Project
          • East Bay Dreamers Project
          • Environmental Conservation Outreach
          • Family Defense Project
          • Food Justice Project
          • Foster Education Project
          • Free The Land Project
          • Gun Violence Prevention Project
          • Homelessness Service Project
          • International Human Rights Workshop
          • International Refugee Assistance Project
          • La Alianza Workers’ and Tenants’ Rights Clinic
          • Legal Automation Workshop
          • Legal Obstacles Veterans Encounter
          • Name and Gender Change Workshop
          • Native American Legal Assistance Project
          • Palestine Advocacy Legal Assistance Project
          • Police Review Project
          • Political and Election Empowerment Project
          • Post-Conviction Advocacy Project
          • Queer Justice Project
          • Reentry Advocacy Project
          • Reproductive Justice Project
          • Startup Law Initiative
          • Survivor Advocacy Project
          • Tenants’ Rights Workshop
          • Workers’ Rights Clinic
          • Youth Advocacy Project
        • How to Start a New SLP
        • Inactive Student-Initiated Legal Services Projects
          • AI Legal Workshop
          • Berkeley Abolitionist Lawyering Project
          • Berkeley Immigration Law Clinic
          • Berkeley Students in Support of Arts and Innovation
          • Civil Rights Outreach Project (CROP)
          • Community Restorative Justice Project
          • Community Defense Project
          • Juvenile Hall Outreach
          • Karuk-Berkeley Collaborative Legal
          • Local Economies and Entrepreneurship Project
          • Prisoner Advocacy Network
          • Wage Justice Clinic
          • Workers’ Rights Disability Law Clinic
      • Berkeley Law Alternative Service Trips (BLAST)
        • Current Berkeley Law Alternative Service Trips (BLAST)
          • Alaska
          • Atlanta
          • Central Valley
          • Hawai’i
          • Kentucky
          • Mississippi
          • Montana
          • U.S./Mexico Border
        • Inactive Berkeley Law Alternative Service Trips
          • Los Angeles
          • South Texas
          • Tijuana
      • Call for Necessary Engagement in Community & Timely Response (CNECT)
        • Berkeley Law Afghanistan Project
        • Current & Past CNECT Partners
          • Hub for Equity in Administrative Representation
          • Racial Justice Legal Research Bank Project
        • CNECT News
      • Independent Projects
      • Opportunities for LL.M. Students
      • Supervising Attorneys
      • Pro Bono Spotlights
        • IRAP Project
        • David Nahmias
        • Angélica César & Mackenzie Gettel
        • Skylar Cushing
        • Addie Gilson & Eli McClintock-Shapiro
        • Tori Porell, Supervising Attorney FosterEd
        • Drug Policy, Education, and Decriminalization (DECrim) Project
        • Caity Lynch, JD ’25
        • Berkeley Immigration Group SLP Supervising Attorneys
        • Family Defense Project
        • Gabby Cirelli, JD ’24
        • Brooke D’Amore Bradley, JD ’23
        • Taiya Tkachuk, ’24
        • Emily Chuah ’24
        • Malak Afaneh ’24
        • KeAndra Hollis ’24
        • Maripau Paz ’24
        • Lucero Cordova ’23
        • Bharti Tyagi ’21
        • Benji Martinez ’23
        • Will Morrow ’23
        • Stephanie Clemente ’23
        • Francesco Arreaga ’21
        • Armbien Sabillo ’21
        • Kelsey Peden ’21
        • Jennifer Sherman ‘22
        • Professor Khiara M. Bridges
        • Professor Kristen Holmquist
      • Awards
      • Law Firm Pro Bono Programs
      • New York Bar Pro Bono Requirement
      • For Public Interest & Pro Bono Providers
    • Professional Skills Program
      • Legal Research, Analysis, and Writing Program
      • Elective Skills Courses
    • Advocacy Competitions Program
      • Eligibility by Class Year
      • Internal Competitions
        • McBaine Honors Moot Court
          • 2025 McBaine Competition
          • McBaine Honors Moot Court Competition 2024 Photo Essay
          • Previous Years’ McBaine Competitions
          • Past McBaine Winners
          • McBaine — Frequently Asked Questions
          • Helpful Materials
        • Halloum Negotiation Competition (Spring)
          • Competition FAQ
          • Previous Winners
        • Halloum Business Competition (Fall)
        • Bales Trial Competition
      • External Competitions (BOA)
        • BOA Tryouts
        • Alternative Dispute Resolution (ADR) Team
        • Moot Court Team
        • Tech & IP Team
        • Trial Team
      • Competition Videos
    • Field Placement Program
      • Testimonials
      • How to Apply
      • Judicial Externships
      • Civil Field Placements
      • Criminal Field Placements
      • Away Field Placements
        • The Hague
        • INHR Program
        • UCDC Law Program
      • For Supervisors and Host Organizations
        • BACE: Bay Area Consortium on Externships
      • Administrative Rules
      • Frequently Asked Questions
      • Field Placement Program Evaluation Database
    • Startup@BerkeleyLaw
      • Law Students
      • Entrepreneurs
        • How to Start a Startup @ Cal
        • FORM+FUND
        • Startup Law Initiative
      • Investors
    • Veterans Law Practicum
    • Ninth Circuit Practicum
    • Domestic Violence & Gender-Based Violence Practicum
      • About the Director
      • How to Apply
      • History & Impact
    • Careers Home
    • For J.D. Students
      • CDO Email Archive
      • Appointments and Drop-In Hours
      • Private Sector Careers
        • Explore Private Sector Careers
        • How to Apply to Private Sector Jobs
          • 2L Summer Private Sector Job Search
          • OCI Alternatives
      • Public Interest Careers
        • Explore Public Interest
          • Public Interest/Public Sector Employer Events & Resources
        • Find Public Interest Jobs
          • PI/PS Interviewing Resources
          • Using Interview Programs to Land Your 1L Summer Job
          • Your 2L and 3L PIPS Job Search
          • Post-Graduate Public Interest Fellowships
          • PI/PS Job Search Videos
        • Finance Your Public Interest Career
          • Summer Funding for PI/PS Internships & Judicial Externships
          • Berkeley Law Bridge and Public Interest Fellowships
      • Public Sector Careers
        • Federal Government Careers
        • State & Local Government Careers (incl. CA)
        • Careers in Policy/Politics
      • Judicial Clerkships
        • Application Instructions & Resources
        • Alumni Clerkship & Judicial Staff Directory
        • Clerkship Yearbooks
        • Clerkship and Interview Evaluations
        • Videos of Clerkship Programs
      • Judicial Externships
      • OCI Programs
      • Alternative Careers
    • For LL.M. Students
    • For Employers
      • Berkeley Law Recruiting Policies
      • Employer Resources for Virtual Internship Programs
      • Non Discrimination and Non Harassment Policies
      • Grading Policy
      • OCI Programs
      • Posting Job Listings
      • Reaching Berkeley Law J.D. Students
    • PSJD »
    • For Alumni
      • For Recent Graduate Job-Seekers
      • Enrichment Opportunities for Recent Grads
      • Executive Education
      • CDO Online Resources
      • Help the CDO
    • Careers in Law Teaching
      • Alumni Faculty Directory
      • Videos of Academic Placement Committee Programs
    • About CDO
      • CDO Staff News
    • Career Resource Library
    • Employment Outcomes
      • Employment Statistics
      • Judicial Clerkship Placement Statistics
  1. Home
  2. Articles
  3. News
  4. Op-Eds – ARCHIVAL
  5. Flexibility for families that work

Flexibility for families that work

  • Share article on Facebook
  • Share article on Twitter
  • Share article on Bluesky
  • Share article on LinkedIn
  • Email article

By Catherine Albiston, San Francisco Chronicle

The San Francisco Family Friendly Workplace Ordinance proposed by Board of Supervisors President David Chiu lets workers request flexible or predictable work arrangements for caregiving responsibilities without fear of discrimination or retaliation.

The ordinance puts some flexibility in the outdated 40-hour workweek, which was a historical bargain between employers and laborers for wages sufficient to support a family with a breadwinner and a caregiver.

In 1940, 67 percent of families fit the breadwinner/caregiver model, but today only 20 percent of families do. In 2012, 40 percent of families with children under 18 had two working parents, and 23 percent were single-parent families relying on one parent for both financial support and care. In 2010, 81 percent of San Francisco parents living with at least one child under the age of 5 worked. No wonder more than 90 percent of American parents report work-family conflict.

Attitudes about work and family are changing along with families. Men and women aged 18 to 32 want to work less, spend more time with family, and work for family-friendly employers. They want partners who both work and care for the kids. But the workplace lags behind these demographic and cultural changes, still requiring long hours, constant availability and complete devotion.

Why do we need legal protection just to ask for flexible or predictable work? Even when employers have formal family friendly policies, workers do not use them – or even ask about them – for fear of retaliation.

Workers who use flexibility policies are often stigmatized, passed over for promotion, and paid less. One experimental study found that men and women who take family leave are seen as less committed, less likely to help co-workers and less deserving of raises and promotions, even when they perform exactly the same as workers who do not take leave. Another study shows that workers who simply ask for a flexible work arrangement experience similar penalties.

Women bear the brunt of this bias because they do most of the family caregiving. Perhaps this is why the United Kingdom, Australia, Ireland, Italy and New Zealand have right to ask laws similar to the proposed ordinance.

Although some argue that this measure will harm local businesses, employers may refuse flexibility requests for business reasons and may unilaterally revoke flexible or predictable schedules at any time. The ordinance doesn’t affect small businesses because it applies only to employers with 20 or more employees.

Employers may argue that the measure imposes unreasonable administrative burdens, but we’ve heard this before. Employers raised similar concerns about the Family and Medical Leave Act, yet government studies found that employers had little trouble implementing this law.

In fact, employers will likely benefit from this measure. Research shows that flexible work policies increase loyalty, commitment and productivity, reduce expensive turnover, and produce satisfied employees. Flexibility requests also may identify efficient ways of working that outperform the full time, on-site routine of the past.

The consequences for children, families and the broader community are equally important. During the Great Depression, Kellogg instituted a six-hour workday because it felt a moral obligation to employ more people and to encourage its workers to engage in civic activities.

As Kellogg realized, long hours and unpredictable schedules not only create child-care crises and put jobs in peril, they also leave workers with little time to engage with their children or their community. Providing flexibility doesn’t just help working families, it is the right thing to do for our city and for the next generation of citizens.

Catherine Albiston is a professor of law and sociology at UC Berkeley. She prepared this commentary with Lindsey Trimble and Christin Munsch, postdoctoral fellows, at the Clayman Institute for Gender Research, Stanford University.

07/18/2013

News

  • Transcript Magazine
    • Transcript Archive
      • Transcript Spring 2021 Online Edition
      • Transcript Fall 2020 Online Edition
      • Transcript Spring 2020 Online Edition
      • Transcript Fall 2019 Online Edition
      • Transcript Spring 2019 Online Edition
      • Transcript Fall 2018 Online Edition
      • Transcript Spring 2018 Online Edition
      • Transcript 2017 Online Edition
      • Transcript 2016 Online Edition
  • Podcasts
  • On Display
  • Media Highlights
  • News Archive
    • 2025 Archive
    • 2024 Archive
    • 2023 Archive
    • 2022 Archive
    • 2021 Archive
    • 2020 Archive
    • 2019 Archive
    • 2018 Archive
    • 2017 Archive
    • 2016 Archive
    • 2015 Archive
    • 2014 Archive
    • 2013 Archive
    • 2012 Archive
    • 2011 Archive
    • 2010 Archive
    • 2009 Archive
    • 2008 Archive
    • 2007 Archive
    • 2006 Archive
    • 2005 Archive
    • News Briefs
    • Alumni Newsletter
  • Trailblazing Women
  • Social Media
  • Communications Office
    • Media Release Form
    • UC Berkeley Law Logo (Identity)
      • Ordering Printed Supplies
  • Law School Images »
  • Twitter
  • Youtube
  • Instagram
  • Flickr
  • Facebook
  • LinkedIn
  • TikTok
  • About
  • Getting Here
  • Contact Us
  • Job Openings
  • ABA Required Disclosures
  • Feedback
  • For Employers
  • Accessibility
  • Relay 711
  • Nondiscrimination
  • Privacy Policy
  • UC Berkeley

© 2025 UC Regents, UC Berkeley School of Law, All Rights Reserved.