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.


FTC Seeks Radical Overhaul of Non-compete Clauses

April 14, 2023
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The Federal Trade Commission (FTC) is proposing changes to target non-compete clauses in contracts.

Berke-Weiss Law Recognized by Super Lawyers for Legal Excellence in 2022

April 12, 2023
Berke-Weiss Law in the News
Laurie Berke-Weiss, Alex Berke, and Rosa Aliberti have been selected to the 2022 New York-Metro: Women’s Edition Super Lawyers and Rising Stars lists.

Berke-Weiss Law Attorneys Speak at Endometriosis Foundation Conference

March 27, 2023
Disability Discrimination
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Berke-Weiss Law in the News
Berke-Weiss Law attorneys, Laurie Berke-Weiss, Alex Berke, and Rosa Aliberti, spoke at the EndoFound Global Patient Symposium, commonly referred to as Patient Day, about the legal rights and protections for those with endometriosis.

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