November 19, 2020
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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.


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Center for American Progress Report Warns Childcare Crisis Will Have Strong Negative Effects on American Women’s Workforce Participation

June 4, 2020
Gender Discrimination
This week, the Center for American Progress released a new report titled “Valuing Women’s Caregiving During and After the Coronavirus Crisis” which highlights the need to support caregivers during the crisis, but also to think about medium- and long-term strategies to ensure that this does not result in a long-term crisis within childcare.

Employers Must Investigate and Report Work-Related Covid-19 Cases to OSHA

June 3, 2020
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Under new Occupational Safety and Health Administration (“OSHA”) guidance, moving forward employers must now investigate how any Covid-19 positive employees may have contracted the virus. If the cause of the infection was likely work-related, the employer must record it as an “occupational illness.”

Antiracism Resources

June 2, 2020
Race Discrimination
Our Firm is saddened and angered by the killings of and violence against Black people by government authorities, as well as efforts to limit peaceful protest. In our legal practice, we fight against race discrimination in the workplace using the law, but these tragic events invite the law to do better now than in the past to provide justice and healing to those affected personally, and to our society as a whole.

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