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.


Berke-Weiss Law PLLC Releases Training Video Focused on Family and Medical Leave

March 22, 2021
Paid Family Leave
If you need to brush up on FMLA and other questions pertaining to leave, including how FMLA works with New York State Paid Family Leave, we have a new training video from an event with Park Slope Parents that provides answers to many issues about family and medical leave and what you need to know.

Is the Third Stimulus the Beginning of a Guaranteed Family Income?

March 11, 2021
Gender Discrimination
Tucked into 2021’s $1.9 trillion stimulus package is a provision that could have life-changing effects for families with children: an expansion and reworking of the child tax credit. Championed solo for nearly two decades by Representative Rosa DeLauro of Connecticut, the idea to expand the child tax credit has gained a new lease on life and more admirers as the pandemic and lockdowns have had a deleterious impact on families and children.

“She-cession” Global, Not Local

March 10, 2021
Gender Discrimination
Whether it is increasing the number of hours spent working, picking up the slack in domestic life, being forced to quit to take care of children or other family, or leaving the job market entirely, women in the US have taken the brunt of the pandemic’s resulting economic crisis, so much so that it has been dubbed the first “she-cession.” The Financial Times has released a survey demonstrating that this is an issue for women internationally, not just in the United States.

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.