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.


Paid Family Leave in the Balance

October 28, 2021
Paid Family Leave
Conservative Democratic Senators continue to whittle away the President’s signature social spending plan, and paid family leave is heading for the chopping block, an incredible blow to families already struggling during the coronavirus pandemic.

Female Physicians Experience High Infertility Rates

October 7, 2021
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The medical profession’s apprenticeship is notoriously grueling. But for women, there has been an additional consequence attributed to the routine: infertility.

Listen: The Fall of Andrew Cuomo

September 20, 2021
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As an employment law firm, one of our main goals is to champion change for our clients and others who experience sexual harassment in the workplace. The importance of this endeavor reached new heights when it came to light that the former governor of New York, Andrew Cuomo, had been sexually harassing women in his office (and outside) for years. Learn more from Senior Associate Alex Berke on the Delve’s Podcast.

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