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.


Childcare and Paid Leave Funding Part of $1.8tn “American Families Plan” 

April 29, 2021
Paid Family Leave
In a speech to a joint session of Congress, President Biden unveiled the “The American Families Plan,” the third part of the president’s push to power a post-pandemic recovery. Along with the $1.9 trillion fiscal stimulus and a proposal for an infrastructure plan that would earmark $2.3 trillion to upgrade roads, bridges, railroads, and the country’s aging power grid, the American Families Plan seeks to fund a wide range of initiatives to address deep-lying problems on the job market that the pandemic exposed, and hopefully help the more than 2 million women who left the workforce in 2020 to return.

New Study Finds No Negative Effects in NYS Paid Family Leave 

April 16, 2021
Paid Family Leave
The results of a three-year study conducted by the National Bureau of Economic Research indicated that paid family leave policies do not have a negative effect for employers.

CLE Webinar Discusses the Vaccination Pros and Cons for Workplaces

April 16, 2021
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A recent Association of Corporate Counsel CLE webinar provided an important look at what employers should be thinking about as vaccination efforts here in the US speed up.

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