November 19, 2020
No items found.

As President, Joe Biden Can Protect Workers

In a new blog post at the Institute for New Economic Thinking, professors David Michaels and Gregory Wagner lay out an 11-point overview of a longer policy paper that they believe president-elect Joe Biden can enact on day one in office to protect workers. Unsurprisingly, much of it revolves around the president directing OSHA to do what it is meant to do, protect American workers. As we’ve noted before, OSHA has largely vacated its responsibilities to oversee workplace safety, and failed to develop a comprehensive plan to address the specific issues of workplace safety during the pandemic. OSHA is currently being sued by a coalition of unions representing essential workers, including nurses and teachers.

As professors Michaels and Wagner point out, the pandemic has had a disproportionate impact on poorer people, especially minority workers, who are overrepresented in “essential” jobs, such as those in agriculture, public transportation, retail, warehousing, and health care. They are experiencing an increased burden from having to be in close contact with people on a daily basis often with insufficient health and safety regulations, such as a steady supply of PPE and social distancing measures. They are also unable to care for family, such as children who are in virtual school.

Many of these issues are ones that OSHA is supposed to address, but has not done so, despite skyrocketing complaints from workers all over the country. Therefore, one of the most obvious solutions for President Biden would be to instruct OSHA to increase its claims investigations and develop a robust policy for workplace safety as the coronavirus rages. Some of the more salient features of the professors’ proposal include:

  • Requiring all employers to develop and institute infection control protocols;
  • Increasing production and distribution of PPE for workers, potentially by invoking the Defense Production Act;
  • Upping the consequences for employer non-compliance;
  • Protecting whistleblowers who raise questions about workplace safety.

As a review of the proposal suggests, the president has wide latitude when it comes to interpreting, directing OSHA and similar departments toward specific policies, and enforcing those policies.


white line

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.