State Attorney General takes action to protect workers from COVID-19: An overview of state and local law enforcement actions across the country

State Attorney General takes action to protect workers from COVID-19: An overview of state and local law enforcement actions across the country

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Series: Enforcer of the New Labor Law

Places such as state attorneys, district attorneys, and cities are playing an increasingly important role in protecting workers’ rights. This new series by Terri Gerstein briefly introduces the enforcement and other actions taken by these emerging labor law enforcement officers at the state and local levels to protect workers’ rights. Gerstein is an EPI senior researcher and the state and local law enforcement program director of the Harvard Labor and Work Life Program. He The growing impact is recorded These new law enforcers.

Recent cases filed by state and local law enforcement officials involved a series of violations: Amazon lacks COVID-19 workplace safety; failed to pay freelancers’ wages on time or at all; fired fast food workers without justification (now illegal in New York City) ); Misclassification of construction workers as independent contractors rather than employees; Victims of wage theft have not been treated fairly.

The following is an overview of some law enforcement actions across the country at the end of 2021:

The San Francisco Office of Labor Standards and Enforcement reached a $5.3 million settlement with DoorDash. On November 22, the San Francisco City Attorney, the San Francisco Office of Labor Standards and Enforcement (OLSE) and a City Supervisor Announce Reached a $5.3 million settlement with DoorDash.

“We are living in an era of severe inequality, and nothing is more important than ensuring that workers receive fair remuneration and safeguarding their welfare,” said San Francisco City Attorney David Chiu. This resolution is the largest settlement in OLSE history.

The New York Attorney General (AG) seeks a court order to appoint a supervisor to ensure the safety of the COVID-19 workplace at the Staten Island Amazon warehouse. November 30, New York AG Office Archive One sports The preliminary injunction against Amazon seeks a court order to appoint a supervisor to oversee the implementation of key COVID-19 safety and health measures in the Staten Island warehouse. The motion is “in response to Amazon’s cancellation of its already inadequate public health measures, even if a new variant may lead to higher transmission rates, disease and mortality.”

The health measures sought include requiring Amazon to set aside time for cleaning, hygiene, and social distancing, and to communicate this to employees; requiring Amazon to adopt appropriate cleaning and disinfection policies after an infected worker appears in the facility; and requiring Amazon Develop appropriate COVID-19 contact tracing protocols, including identification and notification of close contacts.

“Amazon and its leadership deposited billions of dollars during the COVID-19 pandemic, and as the crisis rages, the health and concerns of workers continue to be ignored,” said New York Attorney General Tish James. “Amazon must ensure a work environment that promotes safety, transparency, and respect for hardworking employees, rather than further endangering their work environment.”

The New York City Department of Consumer and Worker Protection has implemented a new law to protect workers, filed a lawsuit under the Freelancer Non-Freedom Law, and settled the case under the new Just Cause Termination Law for the Protection of Fast Food Workers. On December 1, the New York City Department of Law and the Department of Consumer and Worker Protection (DCWP) Announce One litigation under Freelance is not free behavior The opposition to L’Officiel, a French global fashion media company, is based on a model that fails to pay freelance wages on time or at all, including writers, editors, photographers, videographers, graphic designers and illustrators. Since 2017, DCWP has received more than 20 complaints about L’Officiel from freelancers. Freelancers in New York City are not free It is the first law of its kind in the country; it gives freelancers the legal rights to sign written contracts, make timely payments, and be free from retaliation.

December 14, New York City DCWP Announce Its first resolution on the investigation of the termination of breach of contract New city law Protect fast-food restaurant employees from being fired for no reason or for good-faith economic reasons.

Both the Brooklyn District Attorney’s (DA) office and the Virginia AG office have pleaded guilty in criminal proceedings related to workplace issues. On December 7, an engineer was charged in a criminal case of death on a construction site filed by the Brooklyn DA office Plead guilty Charges of felony and misdemeanor related to his role in the matter. The original allegations in the case, Brought in 2019, Is unusual because they include not only the direct supervisor of the deceased worker (usually), but also many people including construction company operators, foremen, and engineers.

December 8, Virginia AG Office Announce Pleads guilty to felony corruption charges against drywall contractor Misclassified workers Construct the state assembly building as an independent contractor, not an employee. This is the first criminal case of the newly established Worker Protection Department of AG.

Attorney General Mark Herring said: “Companies that exploit workers through misclassification, wage theft or wage fraud are not only stealing from hard-working employees, they are also stealing from the federal government.”

The multi-state coalition of state AGs supports the federal rules proposed by the U.S. Department of Labor (DOL). The Multi-State Alliance of State AGs submitted comments on two proposed DOL rules.One Comment Support submitted on December 9th Proposal to withdraw The Trump-era Office of Federal Contractual Compliance Program (OFCCP) rules created an excessive extension of religious exemptions to federal contractor anti-discrimination laws.There are comments submit December 13 supports the proposed DOL rule that will allow trustees of private sector employee retirement plans (such as 401(k) plans) to consider environmental, social, and governance (ESG) factors when making investment decisions.

Urban law enforcement officers in Los Angeles and Austin participated in innovative outreach and cooperation. In December 2021, the Los Angeles County Office of Immigration Affairs initiated a project called “Your home is someone’s workplace,” to inform domestic workers of their rights and to educate their employers about their obligations. On November 17, Travis County DA’s office in Austin, Texas, Sign the memorandum of understanding Cooperate with the U.S. Department of Labor’s Wage and Hours Division on labor enforcement.

“We know that addressing economic stability is critical to promoting public safety in our communities. This agreement between our agencies will help our office bring justice to Travis County victims of wage theft and ensure that they are held accountable. The responsibility of the employer for criminal acts,” said Travis County District Attorney Jose P. Garza.



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