Connect with us

Government

State attorneys general taking on protection of workers’ rights

State attorneys general (AGs) have been getting more and more involved in defending workers’ rights, including bringing wage theft cases, suing companies such as Uber and Lyft for misclassification, and fighting non-compete and no poach Their evolving…

Published

on

State attorneys general (AGs) have been getting more and more involved in defending workers’ rights, including bringing wage theft cases, suing companies such as Uber and Lyft for misclassification, and fighting non-compete and no poach agreements.

Their evolving labor-enforcement role was the topic of the “State Attorneys General as Protectors of Workers’ Rights” webinar hosted by the Economic Policy Institute and the Harvard Law School Labor and Worklife Program on December 3, 2020, that included insights from bureau, division, and section chiefs who lead labor rights work in their state attorneys general offices.

They talked about some of their cases, and shared thoughts about how state AGs select cases, how they decide whether to proceed civilly or with a criminal prosecution, and how they’ve worked, sometimes behind the scenes, to safeguard workplace safety and health during the pandemic. The webinar followed up on an August report on this topic issued by EPI and the Harvard Labor and Worklife Program.

Here is a Q&A based on some of the follow-up questions asked during the webinar. They delve into everything from setting up a labor unit in the AG’s office to AGs’ authority to address workplace safety matters.

Questions about the role and activities of state AG office labor units

Regarding case selection: What about AG’s deciding “not to get involved?” That seems a productive question that slightly adjusts the “How do you ‘get cases’ question.”

Several of the panelists discussed how they select cases, which are primarily based on impact litigation criteria: offices try to focus on cases with a pattern or practice that violates the law, and in which handling the case can help to bring broader change in an industry or regarding a certain practice. Offices also consider the number of workers involved, egregiousness of the violations, and strength of the evidence (including documentary evidence as well as worker witnesses), among other things. What cases they decide not to get involved in is driven by these same considerations. A case involving a few workers, working for a small employer, with de minimus violations and weak evidence is likely to be unappealing.

Do you do outreach to labor unions? Do you reach out to those who are not represented by unions?

A number of state AGs engaged in this work do considerable outreach to unions, worker centers, worker advocacy groups, community-based organizations and others, as detailed in the August report. If your state AG is not engaging with worker organizations, it’s a good idea to reach out and begin the conversation.

Do AG offices get involved in enforcing Families First Coronavirus Response Act expanded leave benefits?

AG office jurisdiction varies considerably: some may have authority to enforce it, others may not. Regardless, offices can always do outreach and know-your-rights education about these rights, as the D.C. AG’s office has done; such outreach is important given the general public’s lack of knowledge about these laws.

How does preemption under the National Labor Relations Act (NLRA) shape your work, especially where there could be disagreement about whether violations are within the scope of the NLRA?

There is broad preemption of state action by the NLRA. However, states retain their police powers and are not preempted from enforcing general laws unrelated to collective bargaining. So for example, if restaurant workers organizing a union also file a complaint about subminimum wages, and they are subsequently discharged in an arguably retaliatory termination, the NLRA would not preempt a state AG’s office from taking action (investigate and if warranted, sue) to address the retaliation because it stems, at least in part, from the subminimum wage complaint.

Is there an AG national organization?

The National Association of Attorneys General is a nonpartisan national organization of state AGS. Another resource is the website www.stateag.org. In addition, James Tierney, former Attorney General of Maine and a Lecturer at Harvard Law School has developed an open source casebook which can be consulted for more detailed background on attorneys general.

I work in a state that has a state Department of Labor (DOL) opposed to worker rights but an AG’s office that may be more sympathetic. Is the ability for state AGs to handle labor cases just a question of state law typically?

Yes and no. Ideally, state AGs would have direct and explicit jurisdiction to enforce state workplace laws. Some AG offices have gotten this authority through legislation in recent years, including D.C., Illinois, and Minnesota. But other offices have brought labor cases using more general authority to bring cases to protect the people of their jurisdictions. The California AG’s office has used an unfair competition law as the basis for jurisdiction to enforce these laws, and the New York AG’s office has long brought labor cases using a law granting the AG authority to address repeat or persistent fraud or illegality in the running of a business. Prior to its grant of jurisdiction, the Illinois AG office used a creative combination of approaches, including bringing cases under parens patriae authority. Washington State’s AG brought a noncompete case under an anti-trust theory.

But even without any explicit jurisdiction, state AG offices can use a range of other tools to protect workers: gathering information and issuing reports, proposing legislation, joining multi-state actions, writing amicus brief, holding town halls, referring cases to other agencies, conducting outreach and know-your-rights presentations, and more. In addition, state AG offices have the important role of representing the state Department of Labor (or its equivalent) in court, and in states with worker-friendly labor departments, the AG office may be able to collaborate closely with that agency in aggressively pursuing employers with egregious violations. Finally, some state AG offices have criminal jurisdiction, and may be able to pursue wage theft, payroll fraud, and other workplace violations through criminal prosecution, if the facts warrant this approach.

Do you have any info about red states’ AGs?

As profiled in the report, some Republican attorneys general have taken action to protect workers. For example, in 2020, West Virginia Attorney General Patrick Morrisey helped secure over $1 million in owed paid time off and other benefits for workers whose employer, a hospital, had abruptly closed; the settlements covered a range of workers including certified nurse assistants, support nurses, support staff and cafeteria and maintenance workers. In 2019, Montana Attorney General Tim Fox obtained a guilty plea from the owner of a construction company for failing to pay workers’ compensation insurance, among other things. And at the start of the pandemic, Arizona Attorney General Mark Brnovich issued a press release informing workers of their rights under the state’s paid sick leave law.

How are AGs acting to protect educators and others who must work in school settings during the pandemic? The desire to educate kids and limit remote school is strong, but the risks to these front-line workers is increasingly serious.

The Vermont AG’s office issued guidance regarding reasonable accommodations during the pandemic for schools, school districts, educators, and support staff. In addition, the Illinois AG’s office sued to enforce the state’s mask mandate in a school context. (Motion for Temporary Restraining Order and memorandum from case).

Questions about starting labor units in state AG offices

How and who generally sets up the labor units in the AG’s office? Is that something decided by the AG, or by statute, or is that a legislative or governor-based decision? In other words, how does one encourage a state to develop the position and the office? And what was the state labor department’s position?

This is generally something decided by the AG. In offices with labor units that have started since 2015, the AGs decided that workers’ rights would be a priority within their offices. In some cases, this meant moving positions from other bureaus when there was turnover or attrition. For example, if a consumer division had 25 lawyers, and one departed from the office, the AG might use that position to start a labor unit, leaving the consumer division with 24 lawyers (96 percent of its prior staffing) and create a whole new labor unit starting with just one lawyer. In fact, in several offices, labor units started with only one attorney, and later grew. In addition, as noted above, state legislatures recently granted AG offices jurisdiction on these matters in D.C. (2017), Illinois (2019), and Minnesota (2019); the legislation in Illinois also established the AG’s Workplace Rights Bureau by statute, so that its continued existence would no longer be a matter of discretion of the officeholder.

Regarding the state labor department, in state AG offices with dedicated labor units, there are generally collaborative and synergistic relationships. Labor departments have welcomed the additional and complementary involvement of the AG’s office in the shared mission of protecting workers. Of course, this is not a foregone conclusion; one could imagine a situation in which ideology or concerns about turf might lead to a less collaborative approach.

Are progressive worker protection units structured so that they can survive changes in AGs and shifting priorities? If not, what could the public do to ensure survival and effectiveness?

As a matter of practice, AG offices often retain the same general bureaus and structure even when there are changes in administrations. This is part of the value of institutionalizing the work in a dedicated bureau, division, or unit. One approach to ensuring the continuation of such units would be to enshrine its existence in statute, as occurred in Illinois.

Several participants asked what state AGs are doing or have done about misclassification of workers as independent contractors instead of as employees, a practice which results in a range of workplace law violations.

State AGs have been involved in addressing misclassification in various ways. As discussed in the webinar, the Massachusetts and California AGs both sued Uber and Lyft for misclassification (although California’s efforts for injunctive relief are impacted by the passage of Proposition 22 in that state). The Massachusetts AG also reached settlements with two placement agencies that required reclassification of workers as employees (they involved staff placed in dental offices and schools). Also, state AGs often deal with misclassification of workers in their role representing state agencies; for example, the New York AG office represented the state labor department in a case in which the state’s highest court upheld a determination that a Postmates worker was an employee, not an independent contractor, for the purposes of unemployment insurance. The New York AG also recently filed a brief urging the state’s appellate court to uphold a similar determination regarding Uber drivers.

Have AGs used their criminal prosecution authority to address workplace safety and health violations or workers’ deaths?

Some state AGs have used criminal prosecution authority extensively to pursue employers, but it has generally focused on cases of wage theft, failure to pay unemployment taxes and workers’ compensation fraud. However, the Maine AG’s office recently charged a roofing company in a workplace fatality case, and the New York AG’s office brought child labor prosecutions in the case of a teenage restaurant worker whose arm was severed and a 14-year-old killed while operating heavy equipment on a farm.

There are, however, numerous examples of district attorney offices (or their equivalents), who often have broader prosecutorial authority than AGs, that have brought charges against employers in relation to workplace fatalities, including in Colorado, Massachusetts, New York, and elsewhere.

There were a number of questions about various policy issues: prison labor, right-to-work laws, the right to refuse hazardous work, corporate immunity from COVID-19-related litigation, imbalanced bargaining power between workers and employers, and the national impact of California’s Proposition 22, among others.

The labor chiefs who were panelists on the webinar surely have personal opinions on some of these topics, like many of us do, but their role is not primarily policymaking; it’s enforcing the laws that are on the books. State AGs do have the ability to affect policy in various ways: they have proposed state legislation, testified in Congress, written reports, authored op-eds, issued opinion letters, filed amicus briefs, and of course their affirmative litigation, such as cases against the federal government, can lead and has led to policy changes. However, the lawyers overseeing enforcement do not generally have a formal role in policymaking in the way lawyers in nonprofits, think tanks, or legislative offices might. (They also would typically be unlikely to speak publicly about their policy opinions, since there is usually a chain of command in government agencies that would require approval before offering such responses.)

Finally, looking to the future, some participants wondered about state AGs’ worker protection role in light of the upcoming Biden administration: Will the AGs’ role or priorities change?

Offices with labor units will likely expend fewer resources opposing proposed federal rules or suing to block enacted ones. Given the dire situation of workers in the U.S., however, this is clearly an all-hands-on-deck moment, with ample reasons for state AGs to continue their active and growing engagement in this work.

Read More

Continue Reading

Government

Are Voters Recoiling Against Disorder?

Are Voters Recoiling Against Disorder?

Authored by Michael Barone via The Epoch Times (emphasis ours),

The headlines coming out of the Super…

Published

on

Are Voters Recoiling Against Disorder?

Authored by Michael Barone via The Epoch Times (emphasis ours),

The headlines coming out of the Super Tuesday primaries have got it right. Barring cataclysmic changes, Donald Trump and Joe Biden will be the Republican and Democratic nominees for president in 2024.

(Left) President Joe Biden delivers remarks on canceling student debt at Culver City Julian Dixon Library in Culver City, Calif., on Feb. 21, 2024. (Right) Republican presidential candidate and former U.S. President Donald Trump stands on stage during a campaign event at Big League Dreams Las Vegas in Las Vegas, Nev., on Jan. 27, 2024. (Mario Tama/Getty Images; David Becker/Getty Images)

With Nikki Haley’s withdrawal, there will be no more significantly contested primaries or caucuses—the earliest both parties’ races have been over since something like the current primary-dominated system was put in place in 1972.

The primary results have spotlighted some of both nominees’ weaknesses.

Donald Trump lost high-income, high-educated constituencies, including the entire metro area—aka the Swamp. Many but by no means all Haley votes there were cast by Biden Democrats. Mr. Trump can’t afford to lose too many of the others in target states like Pennsylvania and Michigan.

Majorities and large minorities of voters in overwhelmingly Latino counties in Texas’s Rio Grande Valley and some in Houston voted against Joe Biden, and even more against Senate nominee Rep. Colin Allred (D-Texas).

Returns from Hispanic precincts in New Hampshire and Massachusetts show the same thing. Mr. Biden can’t afford to lose too many Latino votes in target states like Arizona and Georgia.

When Mr. Trump rode down that escalator in 2015, commentators assumed he’d repel Latinos. Instead, Latino voters nationally, and especially the closest eyewitnesses of Biden’s open-border policy, have been trending heavily Republican.

High-income liberal Democrats may sport lawn signs proclaiming, “In this house, we believe ... no human is illegal.” The logical consequence of that belief is an open border. But modest-income folks in border counties know that flows of illegal immigrants result in disorder, disease, and crime.

There is plenty of impatience with increased disorder in election returns below the presidential level. Consider Los Angeles County, America’s largest county, with nearly 10 million people, more people than 40 of the 50 states. It voted 71 percent for Mr. Biden in 2020.

Current returns show county District Attorney George Gascon winning only 21 percent of the vote in the nonpartisan primary. He’ll apparently face Republican Nathan Hochman, a critic of his liberal policies, in November.

Gascon, elected after the May 2020 death of counterfeit-passing suspect George Floyd in Minneapolis, is one of many county prosecutors supported by billionaire George Soros. His policies include not charging juveniles as adults, not seeking higher penalties for gang membership or use of firearms, and bringing fewer misdemeanor cases.

The predictable result has been increased car thefts, burglaries, and personal robberies. Some 120 assistant district attorneys have left the office, and there’s a backlog of 10,000 unprosecuted cases.

More than a dozen other Soros-backed and similarly liberal prosecutors have faced strong opposition or have left office.

St. Louis prosecutor Kim Gardner resigned last May amid lawsuits seeking her removal, Milwaukee’s John Chisholm retired in January, and Baltimore’s Marilyn Mosby was defeated in July 2022 and convicted of perjury in September 2023. Last November, Loudoun County, Virginia, voters (62 percent Biden) ousted liberal Buta Biberaj, who declined to prosecute a transgender student for assault, and in June 2022 voters in San Francisco (85 percent Biden) recalled famed radical Chesa Boudin.

Similarly, this Tuesday, voters in San Francisco passed ballot measures strengthening police powers and requiring treatment of drug-addicted welfare recipients.

In retrospect, it appears the Floyd video, appearing after three months of COVID-19 confinement, sparked a frenzied, even crazed reaction, especially among the highly educated and articulate. One fatal incident was seen as proof that America’s “systemic racism” was worse than ever and that police forces should be defunded and perhaps abolished.

2020 was “the year America went crazy,” I wrote in January 2021, a year in which police funding was actually cut by Democrats in New York, Los Angeles, San Francisco, Seattle, and Denver. A year in which young New York Times (NYT) staffers claimed they were endangered by the publication of Sen. Tom Cotton’s (R-Ark.) opinion article advocating calling in military forces if necessary to stop rioting, as had been done in Detroit in 1967 and Los Angeles in 1992. A craven NYT publisher even fired the editorial page editor for running the article.

Evidence of visible and tangible discontent with increasing violence and its consequences—barren and locked shelves in Manhattan chain drugstores, skyrocketing carjackings in Washington, D.C.—is as unmistakable in polls and election results as it is in daily life in large metropolitan areas. Maybe 2024 will turn out to be the year even liberal America stopped acting crazy.

Chaos and disorder work against incumbents, as they did in 1968 when Democrats saw their party’s popular vote fall from 61 percent to 43 percent.

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times or ZeroHedge.

Tyler Durden Sat, 03/09/2024 - 23:20

Read More

Continue Reading

Government

Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence

Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence

Authored by Zachary Stieber via The Epoch Times (emphasis ours),

The…

Published

on

Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence

Authored by Zachary Stieber via The Epoch Times (emphasis ours),

The U.S. Department of Veterans Affairs (VA) reviewed no data when deciding in 2023 to keep its COVID-19 vaccine mandate in place.

Doses of a COVID-19 vaccine in Washington in a file image. (Jacquelyn Martin/Pool/AFP via Getty Images)

VA Secretary Denis McDonough said on May 1, 2023, that the end of many other federal mandates “will not impact current policies at the Department of Veterans Affairs.”

He said the mandate was remaining for VA health care personnel “to ensure the safety of veterans and our colleagues.”

Mr. McDonough did not cite any studies or other data. A VA spokesperson declined to provide any data that was reviewed when deciding not to rescind the mandate. The Epoch Times submitted a Freedom of Information Act for “all documents outlining which data was relied upon when establishing the mandate when deciding to keep the mandate in place.”

The agency searched for such data and did not find any.

The VA does not even attempt to justify its policies with science, because it can’t,” Leslie Manookian, president and founder of the Health Freedom Defense Fund, told The Epoch Times.

“The VA just trusts that the process and cost of challenging its unfounded policies is so onerous, most people are dissuaded from even trying,” she added.

The VA’s mandate remains in place to this day.

The VA’s website claims that vaccines “help protect you from getting severe illness” and “offer good protection against most COVID-19 variants,” pointing in part to observational data from the U.S. Centers for Disease Control and Prevention (CDC) that estimate the vaccines provide poor protection against symptomatic infection and transient shielding against hospitalization.

There have also been increasing concerns among outside scientists about confirmed side effects like heart inflammation—the VA hid a safety signal it detected for the inflammation—and possible side effects such as tinnitus, which shift the benefit-risk calculus.

President Joe Biden imposed a slate of COVID-19 vaccine mandates in 2021. The VA was the first federal agency to implement a mandate.

President Biden rescinded the mandates in May 2023, citing a drop in COVID-19 cases and hospitalizations. His administration maintains the choice to require vaccines was the right one and saved lives.

“Our administration’s vaccination requirements helped ensure the safety of workers in critical workforces including those in the healthcare and education sectors, protecting themselves and the populations they serve, and strengthening their ability to provide services without disruptions to operations,” the White House said.

Some experts said requiring vaccination meant many younger people were forced to get a vaccine despite the risks potentially outweighing the benefits, leaving fewer doses for older adults.

By mandating the vaccines to younger people and those with natural immunity from having had COVID, older people in the U.S. and other countries did not have access to them, and many people might have died because of that,” Martin Kulldorff, a professor of medicine on leave from Harvard Medical School, told The Epoch Times previously.

The VA was one of just a handful of agencies to keep its mandate in place following the removal of many federal mandates.

“At this time, the vaccine requirement will remain in effect for VA health care personnel, including VA psychologists, pharmacists, social workers, nursing assistants, physical therapists, respiratory therapists, peer specialists, medical support assistants, engineers, housekeepers, and other clinical, administrative, and infrastructure support employees,” Mr. McDonough wrote to VA employees at the time.

This also includes VA volunteers and contractors. Effectively, this means that any Veterans Health Administration (VHA) employee, volunteer, or contractor who works in VHA facilities, visits VHA facilities, or provides direct care to those we serve will still be subject to the vaccine requirement at this time,” he said. “We continue to monitor and discuss this requirement, and we will provide more information about the vaccination requirements for VA health care employees soon. As always, we will process requests for vaccination exceptions in accordance with applicable laws, regulations, and policies.”

The version of the shots cleared in the fall of 2022, and available through the fall of 2023, did not have any clinical trial data supporting them.

A new version was approved in the fall of 2023 because there were indications that the shots not only offered temporary protection but also that the level of protection was lower than what was observed during earlier stages of the pandemic.

Ms. Manookian, whose group has challenged several of the federal mandates, said that the mandate “illustrates the dangers of the administrative state and how these federal agencies have become a law unto themselves.”

Tyler Durden Sat, 03/09/2024 - 22:10

Read More

Continue Reading

Government

Low Iron Levels In Blood Could Trigger Long COVID: Study

Low Iron Levels In Blood Could Trigger Long COVID: Study

Authored by Amie Dahnke via The Epoch Times (emphasis ours),

People with inadequate…

Published

on

Low Iron Levels In Blood Could Trigger Long COVID: Study

Authored by Amie Dahnke via The Epoch Times (emphasis ours),

People with inadequate iron levels in their blood due to a COVID-19 infection could be at greater risk of long COVID.

(Shutterstock)

A new study indicates that problems with iron levels in the bloodstream likely trigger chronic inflammation and other conditions associated with the post-COVID phenomenon. The findings, published on March 1 in Nature Immunology, could offer new ways to treat or prevent the condition.

Long COVID Patients Have Low Iron Levels

Researchers at the University of Cambridge pinpointed low iron as a potential link to long-COVID symptoms thanks to a study they initiated shortly after the start of the pandemic. They recruited people who tested positive for the virus to provide blood samples for analysis over a year, which allowed the researchers to look for post-infection changes in the blood. The researchers looked at 214 samples and found that 45 percent of patients reported symptoms of long COVID that lasted between three and 10 months.

In analyzing the blood samples, the research team noticed that people experiencing long COVID had low iron levels, contributing to anemia and low red blood cell production, just two weeks after they were diagnosed with COVID-19. This was true for patients regardless of age, sex, or the initial severity of their infection.

According to one of the study co-authors, the removal of iron from the bloodstream is a natural process and defense mechanism of the body.

But it can jeopardize a person’s recovery.

When the body has an infection, it responds by removing iron from the bloodstream. This protects us from potentially lethal bacteria that capture the iron in the bloodstream and grow rapidly. It’s an evolutionary response that redistributes iron in the body, and the blood plasma becomes an iron desert,” University of Oxford professor Hal Drakesmith said in a press release. “However, if this goes on for a long time, there is less iron for red blood cells, so oxygen is transported less efficiently affecting metabolism and energy production, and for white blood cells, which need iron to work properly. The protective mechanism ends up becoming a problem.”

The research team believes that consistently low iron levels could explain why individuals with long COVID continue to experience fatigue and difficulty exercising. As such, the researchers suggested iron supplementation to help regulate and prevent the often debilitating symptoms associated with long COVID.

It isn’t necessarily the case that individuals don’t have enough iron in their body, it’s just that it’s trapped in the wrong place,” Aimee Hanson, a postdoctoral researcher at the University of Cambridge who worked on the study, said in the press release. “What we need is a way to remobilize the iron and pull it back into the bloodstream, where it becomes more useful to the red blood cells.”

The research team pointed out that iron supplementation isn’t always straightforward. Achieving the right level of iron varies from person to person. Too much iron can cause stomach issues, ranging from constipation, nausea, and abdominal pain to gastritis and gastric lesions.

1 in 5 Still Affected by Long COVID

COVID-19 has affected nearly 40 percent of Americans, with one in five of those still suffering from symptoms of long COVID, according to the U.S. Centers for Disease Control and Prevention (CDC). Long COVID is marked by health issues that continue at least four weeks after an individual was initially diagnosed with COVID-19. Symptoms can last for days, weeks, months, or years and may include fatigue, cough or chest pain, headache, brain fog, depression or anxiety, digestive issues, and joint or muscle pain.

Tyler Durden Sat, 03/09/2024 - 12:50

Read More

Continue Reading

Trending