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.


Disability Discrimination Is Hurting the Medical Profession

July 26, 2021
Disability Discrimination
A new investigation on the Huffington Post has spotlighted a troubling trend in medicine. Many doctors with disabilities experience persistent discrimination at the hands of other physicians and medical professionals. In a profession that regularly requires workers, especially early career workers, to put in grueling shifts of 80+ hours a week, doctors with disabilities are perceived as unable to live up to the grind.

Highlights on New York State’s Legalization of Recreational Marijuana

July 19, 2021
No items found.
Now that New York State has legalized the recreational use of marijuana, there are some changes to the law as it relates to employment, for example, prohibiting discrimination on the basis of legal marijuana use outside of the workplace.

Female Doctors Being Penalized for Wearing Hoop Earrings 

July 13, 2021
Race Discrimination
Gender Discrimination
According to a recent story on The Lily, women in medicine, particularly Latinx and Black women, are being unfairly judged as unprofessional because of their choice to wear hoop earrings during work or school hours.

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.