April 13, 2020

No One Should Work in an Unsafe Workplace

Tradition is a hard thing to break, and in some industries, it is proving especially difficult during the coronavirus lockdown that is affecting most of the world. Take for example, the banking industry, which the government has deemed an essential service. Banking has long relied on face-to-face meetings and handshakes to close deals as well as sophisticated IT to conduct billion dollar deals. It is also known as an industry with a culture that requires employees to put in Herculean hours to demonstrate their commitment to the goal of making money. 

The New York Times reported on April 9 that in Bank of America's global markets division, which has ramped up its hard-working culture, bankers on the global markets desk have been under steady pressure to continue coming into work, even if they are sick or if other people on the desk are known to be sick. The decision they have to make is between putting their health at risk and putting their job at risk.

But this is not an issue confined to the white collar financial services industry. In nearly every industry considered essential, reporters print stories from across the state, country, and world that tell a similar tale: your health or your job. Whether it is Amazon warehouse workers at its JFK8 facility on Staten Island or package sorters and handlers in San Francisco or Manchester, NH or flight attendants who criss-cross the world, many workers are being required to go into work or face serious personal consequences.

A major problem is that there are no uniform procedures and responses for dealing with coronavirus. Company policies have been unevenly introduced and lines of communication are seriously stretched and information gets lost easily. In California, the Los Angeles Times reports, farm workers, many of whom are undocumented and do not speak English or fluent Spanish have had a difficult time staying up to date with company policies about social distancing, hygiene, and what to do if coworkers get sick. Even if a company has a good policy in place, if it's large enough and, like most companies relies on contracting and subcontracting, by the time policies reach workers they can be garbled or non-existent.

Considering that 4 in 5 Americans live paycheck to paycheck and state and federal governments have spent the last 40 years hollowing out our social safety net, the hesitancy to skip work even if you feel unsafe is entirely understandable. Even “Essential Businesses” in NYS, which are allowed to remain open, should be utilizing remote work to the extent possible, and all businesses should be following safety precautions. If you feel unsafe at work, get in touch with us to understand your rights and options.

Employers Should Heed Doctor’s Advice When Accommodating Workers

October 6, 2020
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According to Peeples v. Clinical Support Options, Inc., No. 3:20-CV-30144-KAR, 2020 WL 5542719 (D. Mass. Sept. 16, 2020), providing the plaintiff with a mask was insufficient accommodation, holding “a majority of these so-called accommodations are workplace safety rules rather than an individualized accommodation to address Plaintiff’s disability.”

Employers Can Create the Future We Deserve, or Exacerbate Discrimination Against Parents - Especially Women

October 6, 2020
Gender Discrimination
Paid Family Leave
More than 865,000 women “left” the labor market in September 2020, demonstrating that the COVID pandemic is forcing women out of work. One in four women who are still in the workforce are considering downshifting their careers, or leaving the workforce entirely, due to the pressures of work and family care.Employers who are concerned about retaining their employees who are parents, especially mothers, can take some steps to ensure that parents are not forced to “choose” their families over their careers.

Employer-based Health Insurance on Shaky Ground

September 29, 2020
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Employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

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