By Dave Jamieson
HuffPost

Unionized workers are far more likely to speak out about dangerous working conditions during the coronavirus pandemic. There’s no mystery as to why.

Workers who have weak job protections are fearful to speak up, lest they get punished or even fired. The vast majority of Americans work “at will” ― meaning their employers can get rid of them for almost any reason, as long as it isn’t discriminatory. 

And while workers have a nominal right to refuse dangerous work, the law is weak and puts the burden of proof on employees.

“Protection against unlawful firings is absolutely critical right now,” Gerstein said. “Workers need to be able to speak up without threat of losing their jobs. That’s important for worker safety and for public health.”... Read more about One Way To Protect Workers In A Pandemic: Make It Harder To Fire Them

Jane Flanagan, Terri Gerstein, Patricia Smith
Labor and Work LIfe Program and 
National Employment Law Project

As states consider how to protect public health amidst the COVID-19 pandemic, various questions have arisen about their ability to do so: Specifically, to what degree is state action in the health and safety arena preempted by the federal Occupational Safety and Health Act (OSH Act) and federal enforcement by the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA)? How can states and cities take action to protect workers and members of the public without running into federal preemption issues? This paper provides a basic explanation of OSHA preemption and describes some potential sources of authority and avenues for action by states and localities wishing to protect working people in their jurisdictions.

Download Report
Press Release
News Articles: "We can only do so much’? Here’s what experts say Pa., Philly can do to protect workers during the coronavirus." by Juliana Feliciano Reyes, Philadelphia Inquirer, 5/16/20

By Terri Gerstein
NBC News

Noncompete agreements — which typically prohibit an employee from working for a competitor within a certain field and geographic locale, often for 1 to 2 years — were once reserved for high-ranking executives and people who knew highly guarded trade secrets. But in recent years, they began to be imposed willy-nilly on all kinds of workers: medical technicians and dog walkers, journalists and janitors. With little fanfare, modern-day employers have been reinstating an expectation of servitude that should have disappeared long ago.

All of us should be concerned about the rampant growth of noncompetes and how they are hampering the freedom of workers and the economy. Why? For one thing, basic fairness: Just because you work for a company now doesn’t mean it should be able to lock you into that job; people should be able to advance in their lives and careers.

BY TERRI GERSTEIN
The Hill

Coronavirus has laid bare the extent to which the failure of our nation to require paid sick leave has now endangered all of us. Congress needs to urgently pass paid sick leave laws, but states and cities must not wait for that and take action now. In some jurisdictions, this may require making compromises, such as a sunset provision or some aid to small employers.... Read more about America needs paid sick leave laws to stop coronavirus from spreading

By Terri Gerstein and Naomi Walker
Route Fifty

COMMENTARY | State and local officials have initiated many measures to mitigate the consequences of the coronavirus. However, there is still much more for them to do.

The Trump administration has failed the American people to an astonishing extent during the current pandemic crisis. Failed to prepare, failed to take the threat seriously, failed to direct resources where they’re needed, and failed to tell the truth. While Congress has provided some aid to state and local governments in relief packages, given the enormous fiscal challenges already underway, it will not go nearly far enough to help offset the health and economic fallout of Covid-19.

The federal government is the only entity with the sufficient scale and resources to do what’s needed, and yet those efforts continue to be lackluster at best. Ultimately, Congress should pass a new aid package that provides states and localities with $500 billion—more than triple the amount already authorized.... Read more about The Pandemic Response Measures State and Local Governments Should Move On Now

By Terri Gerstein and Jane Flanagan
Economic Policy Institute 

The need to safeguard workers’ physical health and financial stability is more important than ever during the COVID-19 pandemic. State and local labor enforcement agencies are critical to such efforts, particularly given the federal administration’s abdication of leadership on worker-protection issues. Yet responding to the current crisis will require state and local labor agencies to quickly reorient to a new reality and repurpose their staff and routine functions in new and creative ways. As former state enforcers, we share the following ideas about how such agencies might utilize tested and effective strategic enforcement strategies and tools to respond to this moment.

BY RAJESH D. NAYAK & TODD N. TUCKER
American Prospect

For decades, OIRA has been blamed for slowing or even stopping important rules that would better protect workers, consumers, borrowers, and anyone else in the crosshairs of big business. That’s why some progressives have proposed abolishing OIRA so that Cabinet agencies can be free to pursue regulations at will.

But when we look at OIRA, we see its potential. In our recent report, “OIRA 2.0: How Regulatory Review Can Help Respond to Existential Threats,” we propose using OIRA as a force to help address existential threats, not to mention modernizing its version of cost-benefit analysis to support progressive structural change and center equity.

Response: Why Bolster the Regulatory Gatekeeper? By Sharon Block in American Prospect

BY SHARON BLOCK AND TERRI GERSTEIN
The Hill

An unprecedented 10 million people applied for unemployment insurance across the country over the last two weeks with more likely to come. Many employers are responding to shutdown orders, lack of cash flow, and the crisis by laying people off. Leaders have enacted measures to encourage employers to avoid more layoffs, such as conditioning business loans on maintaining payroll and providing tax credits for payroll expenses.

Instead of laying off, for instance, half of the workforce, a company would decrease the hours of its employees by half. These workers would then be paid for 50 percent of their time and would receive unemployment compensation for the other 50 percent. More than two dozen states already have working sharing programs up and running, along the broad political spectrum, from California to Nebraska.

Massachusetts Atorney General Maura Healey held a press conference at the State House to highlight the LWP report  “Confronting Misclassification and Payroll Fraud,” by Mark Erlich and Terri Gerstein. The report details the increasing role of state agencies in enforcing misclassification laws and providing worker protections, crucial in an era of lax federal enforcement. 

Download Report

Link to Press Release