Workers' World Today - Issue 24

September 2021 8-page Insert Estate Planning Guide: Senior Focus ...15

INSIDE

Important Steps to Take If You’ve Been Laid Off ...23

Workers’ Compensation: Things the Employees Need to Know...7

Issue #24

Labor Unions Need to Get Behind Voting Rights for Green Card Holders

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ew York, NY: On September 20, the Our City, Our Vote Coalition (OCOV), led by the New York Immigration Coalition (NYIC) and United Neighborhood Houses, were joined by immigrant rights and civic engagement advocates and allies to demand the immediate passage of New York City Council Bill Int. 1867 would permit lawfully present residents and those with work authorizations to vote in municipal elections such as races for mayor, comptroller, public advocate, borough president, and city

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New York City Passes Landmark New Protections for Food Delivery Workers

Editorial credit: Vic Hinterlang / Shutterstock.com

council, as well as ballot referendum.

We live in a democracy, and yet nearly one million New Yorkers can’t vote. These New

York City residents live here, work here, go to school here, and are raising families here, but despite paying billions of dollars in taxes every year, they have no vote on continued on page 9

Hot Topics and News You Should Know About

Sergio Ajche addresses a crowd of delivery workers.

Claudia Irizarry Aponte/THE CITY

BY CLAUDIA IRIZARRY APONTE AND JOSEFA VELASQUEZ. ADDITIONAL REPORTING BY KATIE HONAN THE CITY

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he New York City Council on Thursday approved a slate of bills improving working conditions for app-based food deliverers — becoming the first major U.S. city to set minimum protections for people toiling in the gig economy. continued on page 25

The Lingering Effects of 9/11 on Immigrants ... 34

Immigrants and Domestic Violence ...29

Balancing Work and Parent Duties at Home ...30

Labor-Related News - Nationally & Locally

State Comptroller DiNapoli: Challenging Fiscal Times Ahead ...8

Why Your Loved One Stays In a Toxic Relationship ... 28

10 Signs You Need to Contact a Personal Injury Attorney

BY MARY CAMPBELL, 311PERSONALINJURY.COM

Labor Peace is Now the Law of the Land in New York City ...3

Teamsters Denounce Billionaire John Catsimatidis ...24

NYC Schools Brace for Up to 10,000 Missing Teachers ...12

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hether you are hurt on the job, involved in an automobile accident or become the unwitting victim of a defective product, protecting your rights is important. You can never be too careful when a personal injury has occurred,

continued on page 6

Brian Figeroux, Esq.

www.workersworldtoday.com

September 2021

All men dream: But not equally. Those who dream by night in the dusty recesses of their minds wake in the day to find that it was vanity: But the dreamers of the day are dangerous men, for they may act their dream with open eyes, to make it possible.

—T.E. Lawrence

Contents In Solidarity: Labor Peace is Now the Law of the Land in New York City.......................................................3

The Importance of Estate Planning .... 16

Civil Rights: Study Shows an Abortion Ban May Lead to a 21% Increase in Pregnancy-related Deaths..................................................................................4

AFM Local 802 Presents #802Strong As NYC continues to re-open — and the sound of live music is ringing once again from the New York Philharmonic, Metropolitan Opera, Lincoln Center and Carnegie Hall v Local 802 pledges to rebuild the union even stronger than before. Musicians have launched a new campaign called #802Strong, with strategies ranging from diversity in our union to new financial aid for musicians to powerful organizing training.

Learn more at www.local802afm.org/802strong

Workers’ Rights Half of Unvaccinated Workers Say They’d Rather Quit Than Get a Shot – But Real-world Data Suggest Few are Following Through...........................5 Workers’ Matters IWorkers’ Compensation: Things the Employees Need to Know..........................7 Old & New Immigrants: Their Rights US Policy Toward Haitian Immigrants Is Part of a Long, Troubled History ........................13 Home Ownership How to Clean Your Home After a Flood.................................................................26

This Day In Labor History - September 15

COLUMNS Love, Health & Travel .... 33 Working the Night Shift Linked to Heart Problems, Study Finds

More than 350,000 members of the United Auto Workers began what was to become a 69-day strike against General Motors. – 1970

Working the night shift for 10 or more years was associated with an increased risk of coronary heart disease of 37%, compared to daytime workers.

Family: The True Modern Relationship .... 10 School Year Off to a Rocky Start?

4 Ways Parents Can Help Kids Get Back on Track

Do you want more?

Old & New Immigrants: Their Rights .... 14 Biden Administration Reopens Protection Program for At-Risk Central American Children

Visit www.workersworldtoday.com

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September 2021

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In Solidarity

Labor Peace is Now the Law of the Land in New York City

Supports Workers’ World Today

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ecently, I was in Albany fighting and seeking support of A1261/S1947, legislation that will create a clear definition of public work and level the playing field for New York’s contractors.

District Council 9 Painters and Allied Trades Union (DC9), the union for painters, prides itself on being a strong advocate for workers’ rights and safety. We are excited about this new publication, Workers’ World Today, which covers the issues of relevance and concern for all workers.

We are encouraged that all workers: blue and white collar will have a voice and platform.

Congratulations on your inaugural issue. We wish much success to the leaders and team of Workers’ World Today and pledge our support.p Davon Lomax Political Director, DC9

TEAM Publisher Workers’ World Today, Inc Editor-in-Chief Pearl Phillip Contributing Writers Marilyn Silverman Charles Tabasso Victoria Falk Erin Telesford Jennine Estes, MFT Travis Morales Mary Campbell Janet Howard Linda N. Chris Tobias Legal Advisor Brian Figeroux, Esq.

DC 37 Executive Director Henry Garrido and NYC Mayor Bill De Blasio.Photo courtesy: AFSCME

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ollowing months of advocating on behalf of workers in the nonprofit sector, DC 37 Executive Director Henry Garrido applauded the signing of Intro.

2252.

The bill, which Mayor Bill de Blasio signed into law, requires city human services contractors to enter into labor peace agreements within 90 days of being awarded or renewing a city contract –affording the workers the ability to organize without interference from their employers. The new law represents a sea change in how labor unions can proceed in organizing and developing collective bargaining agreements with private sector and nonprofit organizations under contract with the city.

“Labor peace is now the law of the land – and it’s been a long time coming,” said Henry Garrido, executive director of DC 37. “Workers in the nonprofit social and human services sectors have been in crisis. They face dangerous working conditions, rising health care costs, low pay and extremely high turnover. They have been

asking for the ability to organize without fear, and it has finally been granted. I want to thank Mayor de Blasio, Speaker Johnson and the entire city council for standing up for these workers and doing what’s right.”

DC 37 members described how the new labor peace agreement would allow them to better serve their communities and improve conditions on the job.

“With the passage of the labor peace bill, employees finally have protection to have their voices heard without retaliation from management,” said Nickey-Anna Lerice, a teacher at a Head Start in Brooklyn, New York. “Employees finally will be able to have a seat at the table to negotiate better pay, better health insurance, better retirement plans, better benefit plans and a better work environment.”

Natasha Pasternack, a family counseling and case analyst at Kings County Supreme Court, Civil Term, said, “I am thrilled at the passage of labor peace legislation for human services workers. To borrow an adage: our working condi-

tions are our clients’ healing conditions. The greater the say we have at work, the better ‘the work’ is going to be.

This is a huge step toward a more equitable city. Taking care of the New Yorkers who take care of New Yorkers is a social justice issue.”

And Shai-Ann Hamilton added, “The labor peace agreement will allow educators like myself to organize for better working conditions, and in turn better classroom conditions for our students.

I’m so thankful that the bill has passed and that now we can get to work to build a better city for the most vulnerable.”

Intro. 2252 was introduced

by City Council Speaker Corey Johnson earlier this year and passed overwhelmingly.

Through its Private Sector Division, District Council 37 currently represents 20,000 workers in the nonprofit space, many of whom work at private agencies providing services such home health care, early childhood education and homeless outreach services.p

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September 2021

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Civil Rights

Study Shows an Abortion Ban May Lead to a 21% Increase in Pregnancy-related Deaths

BY AMANDA JEAN STEVENSON THE CONVERSATION

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new Texas law bans nearly all abortions, and other states have indicated that they likely will follow suit. But the research is clear that people who want abortions but are unable to get them can suffer a slew of negative consequences for their health and well-being.

As a researcher who measures the effects of contraception and abortion policy on people’s lives, I usually have to wait years for the data to roll in. But sometimes anticipating a policy’s effects before they happen can suggest ways to avoid its worst consequences.

In my forthcoming peer-reviewed paper, currently available as a preprint, I found that if the U.S. ends all abortions nationwide, pregnancy-related deaths will increase substantially because carrying a pregnancy to term can be deadlier than having an abortion.

Pregnancy is riskier than abortion Banning abortion does not stop people from trying to end their pregnancies. But it won’t result in a return to the kinds of unsafe abortion that killed hundreds of women per year before the Supreme Court’s ruling Roe v. Wade legalized abortion in the U.S. Recent advances in medication abortion, which relies on prescription drugs rather than a procedure, have made safer abortions outside of clinics possible. They set the stage for organizations like Plan C to help pregnant people safely manage their own abortions with pills if they want or need to.

Staying pregnant, on the other hand, carries a greater risk of death for the pregnant person than having an abortion. Abortion is incredibly safe for pregnant people in the U.S., with 0.44 deaths per 100,000 procedures from 2013 to 2017. In contrast, 20.1 deaths

per 100,000 live births occurred in 2019. In the U.S., pregnancyrelated deaths occur for many reasons, including cardiovascular conditions, infections and hemorrhage caused or worsened by being pregnant or giving birth.

One possible future with an abortion ban Policies like the abortion bans sweeping the U.S. may affect pregnancy-related deaths in several ways. In my study, I estimated a portion of the additional deaths that would be caused by a nationwide ban on all abortions.

To do this, I used published U.S. pregnancy and abortion death rates to project how many deaths would occur if all pregnancies that currently end in abortion were instead continued to miscarriage or term.

My conservative estimate found that the annual number of pregnancy-related deaths would increase by 21% overall, or 140 additional deaths, by

the second year after a ban.

Among non-Hispanic Black woman, this percentage would increase 33%, causing 78 additional deaths and exacerbating the ongoing U.S. Black maternal health crisis. The pregnancy-related death rate for non-Hispanic Black women is about three times higher than for non-Hispanic white women and Hispanic or Latino women, likely because of structural racism, biases in health care provision and disparities in health care access, among other reasons.

In reality, these figures could be higher. They do not account for the fact that people having abortions are on average less advantaged than people having births and at a higher risk of pregnancy-related death.

Nor do they include the risks of using less safe abortion methods.

This possible future does not have to come true Projections always rely on as-

sumptions about how the future will unfold – they are warnings, not predictions. My estimates describe how deaths would increase if everyone who currently has abortions instead carries their pregnancy to term.

But the federal government, other states and nongovernmental organizations could make state abortion bans less deadly.

The assumptions behind my projections show us how to prevent what I warn could happen. For example, effectively addressing the maternal health crisis could make pregnancy safer and reduce pregnancy-related deaths. Helping people access safe medication abortion and travel across state lines to get to an abortion clinic would reduce pregnancy-related deaths. And not banning abortion in the first place would reduce pregnancy-related deaths the most.p

September 2021

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Workers’ Rights

Half of Unvaccinated Workers Say They’d Rather Quit Than Get a Shot – But Real-world Data Suggest Few are Following Through

BY JACK J. BARRY ANN CHRISTIANO ANNIE NEIMAND THE CONVERSATION

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re workplace vaccine mandates prompting some employees to quit rather than get a shot?

A hospital in Lowville, New York, for example, had to shut down its maternity ward when dozens of staffers left their jobs rather than get vaccinated. At least 125 employees at Indiana University Health resigned after refusing to take the vaccine.

And several surveys have shown that as many as half of unvaccinated workers insist they would leave their jobs if forced to get the shot, which has raised alarms among some that more mandates could lead to an exodus of workers in many industries.

But how many will actually follow through?

Strong words In June 2021, we conducted a nationwide survey, funded by the Robert Wood Johnson Foundation, that gave us a sample of 1,036 people who mirrored the diverse makeup of the U.S. We plan to publish the survey in October.

We asked respondents to tell us what they would do if “vaccines were required” by their employer. We prompted them with several possible actions, and they could check as many as they liked.

We found that 16% of employed respondents would quit, start looking for other employment or both if their employer instituted a mandate. Among those who said they were “vaccine hesitant” – almost a quarter of respon-

dents – we found that 48% would quit or look for another job.

Other polls have shown similar results. A Kaiser Family Foundation survey put the share of workers who would quit at 50%.

Separately, we found in our survey that 63% of all workers said a vaccine mandate would make them feel safer.

Quieter actions But while it is easy and costfree to tell a pollster you’ll quit your job, actually doing so when it means losing a paycheck you and your family may depend upon is another matter.

And based on a sample of companies that already have vaccine mandates in place, the actual number who do resign

rather than get the vaccine is much smaller than the survey data suggest.

Houston Methodist Hospital, for example, required its 25,000 workers to get a vaccine

by June 7. Before the mandate, about 15% of its employees were unvaccinated. By midJune, that percentage had dropped to 3% and hit 2% by late July. A total of 153 workers were fired or resigned, while another 285 were granted medical or religious exemptions and 332 were allowed to defer it.

At Jewish Home Family in Rockleigh, New Jersey, only five of its 527 workers quit following its vaccine mandate.

Two out of 250 workers left Westminster Village in Bloomington, Illinois, and even in deeply conservative rural Alabama, a state with one of the continued on page 6

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September 2021

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Workers’ Safety Personal Injury / continued from page 1 and one of the best ways to protect yourself is by hiring an attorney who specializes in this part of the law.

Depending on the circumstances it may not be necessary to hire an attorney, and if that is the case you can simply nurse your broken bones and allow your injuries to heal.

Even so, there are 10 signs that you should be working with a personal injury attorney, and if you recognize any of them it is time to do your homework and start making some calls.

1. You have missed time from work. Missing work is inconvenient for your employer, but it is expensive for you. If you have had to take time away from work, a personal injury attorney can help you get the compensation you deserve.

2.Your injuries are serious. If you experienced nothing but a few scrapes and scratches, you may not need a personal injury attorney, but you might want to contact a professional if your injuries are more serious.

3. There is a dispute over who was at fault. Whether you

were injured on the job or in a car accident, disagreements over which party was at fault can get pretty sticky, and you do not want to end up on the wrong side of the accusation.

Bringing a personal injury expert in now can preserve your rights and help you avoid unwarranted blame.

4. The insurance company wants you to sign something.

Insurance companies will always try to minimize their liability, and that could mean asking accident victims to sign away their rights. Before you sign anything, you need to contact a personal injury lawyer first.

5.Your job is in jeopardy.

Being the innocent victim of an accident or injury may not protect your employment status, and it is important to contact a personal injury attorney if you think your job might be at risk.

6. You are getting the runaround. If you keep trying to get satisfaction and fail to get it, you might want to contact a professional to get you the compensation you deserve.

7. You lack sufficient insurance coverage. If you do not have enough insurance coverage in place, the out-of-pocket costs for your injury will add up fast, and you will need help paying for them. Hiring a personal injury attorney now is the best way to protect your rights and get the payment you deserve for your injuries.

8. There are likely to be ongoing costs as a result of your accident or injury. Even if you do not think you are badly hurt, you could face years of ongoing costs as a result of your injuries and hiring a personal injury attorney now could help you get them paid for.

9. You do not have any savings. Even if you ultimately get a settlement from the insurance company, you will have bills to pay in the meantime, and that could mean dipping into your savings. If there are no savings to dip into you will want to contact a personal injury lawyer sooner rather than later.

10.You are feeling nervous.

Sometimes you do not need a specific reason to contact a

personal injury attorney, and it is important to trust your gut.

If you are feeling nervous in the aftermath of your injury, talking to an experienced attorney could set your mind at ease.

Being involved in an accident or suffering an injury is a traumatizing experience, but what happens next could be even worse. If you are not careful, you could unwittingly sign away your rights or interfere with your ability to obtain a fair settlement for the injuries you have suffered. If any of the 10 scenarios outlined above sound familiar, it is time to ASK THE LAWYER. Call 855768-8845 for a FREE consultation. p

Rather Quit/ continued from page 5 lowest vaccine uptake rates, Hanceville Nursing & Rehab Center lost only six of its 260 employees.

Delta Airlines didn’t mandate a shot, but in August it did subject unvaccinated workers to a US$200 per month health insurance surcharge. Yet the airline said fewer than 2% of employees have quit over the policy.

And at Indiana University Health, the 125 workers who quit are out of 35,800 total employees, or 0.3%.

Making it easy Past vaccine mandates, such as for the flu, have led to similar outcomes: Few people actually quit their jobs over them.

And our research suggests in public communications there are a few things employers can do to minimize the number of workers who quit over the policy.

It starts with building trust with employees. Companies should also make it as easy as possible to get vaccinated – such as by providing on-site vaccine drives, paid time off to get the shot and deal with side effects, and support for child care or transportation.

Finally, research shows it helps if companies engage trusted messengers including doctors, colleagues and family to share information on the vaccine.

In other words, vaccine mandates are unlikely to result in a wave of resignations – but they are likely to lead to a boost in vaccination rates.p Jack J. Barry is a Postdoctoral Research Associate in Public Interest Communications, University of Florida. Ann Christiano is a Director, Center for Public Interest Communications, University of Florida. Annie Neimand is a Research Director and Digital Strategist for frank, College of Journalism and Communications, University of Florida

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September 2021

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Workers’ Matters

Workers’ Compensation: Things the Employees Need to Know

BY LEON M. KELLY

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here are potential hazards associated with working high-risk occupations (construction labor, heavy machinery operations, electrical powerline installation, etc.) that demand constant physical exertion and/or exposure to chemicals. In such occupations, workers often suffer injuries, have accidents, or become ill from diseases due to the overexposure to harmful chemicals. Accidents, injuries, and disease from jobrelated tasks will likely require the employer to compensate the employee for lost wages and medical expenses. To be eligible for Workers’ Compensation, the employee must seek immediate and appropriate medical attention, notify the employer of the injury, accident, or occupational disease, and file a timely claim with the Work-

ers’ Compensation Board (from now on referred to as the Board).

All employees who suffer work-related injuries must get the appropriate medical assistance immediately following their injuries or accidents. All areas affected by the injury must be documented and explained in detail. The Worker’s Compensation Board has medical providers whom it has authorized to provide care to the injured

parties. The employer must provide its employees with such a list. Using any party not on the list may result in the employees having to pay their medical expenses incurred at the time of treatment. Employees are exempt from having to use a Boardapproved medical provider only in emergencies.

Notifying the employer of the injury is a must. According to the New York State Workers’ Compensation Board’s

website, injured employees must notify their “supervisor about the injury and the way in which it occurred, as soon as possible.” This is an important step, as failing to do so could again result in the workers having to pay their medical expenses and losing “the right to workers’ compensation benefits,” the website reads.

Employees filing workers’ compensation claims must file their claims promptly. They must file their claims on Form

Employee Claim (C-3) “by mailing the form to the appropriate Board District Office,” the Board instructs. “This must be done within two years of the accident, or within two years after the employee knew or should have known, that the injury was related to employment,” the Board’s site states.

Seeking immediate medical attention from authorized medical providers, notifying the employer of the injury, and filing a timely claim are required if employees want to be successful in their claims for workers’ compensation. The extent of all injuries should be documented by the person providing medical attention. It is up to the employees to state all injuries upfront. The guidelines must be followed for employees to collect workers’ compensation benefits from the employer.p

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September 2021

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Money Matters

NYC Leaders Cautioned to Prepare for Challenging Fiscal Times Ahead

BY THOMAS P. DINAPOLI

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n the last 20 years, New York City has had to recover from a terrorist attack, a recession fueled by a stock market collapse, a superstorm and now a global pandemic. Looking forward, the only certainty is that the city will face uncertainty in the months and years to come.

Predicting the city’s fiscal future is problematic. We still don’t know the shape of the economic recovery and what it holds for the city’s quality of life, economic competitiveness and real estate markets over the long term. Other economic concerns surround the stock market’s resilience amid questions over lingering inflation.

COVID-19 variants still plague the globe and vaccination rates have slowed, risking a resurgence of the virus. Our climate is changing, wreaking havoc on our infrastructure and way of life. These are only a few of the

potential challenges we know.

City leaders can hope for the best but must prepare for the worst. A year ago, the city took emergency steps to cut costs and maintain cash levels so it could deliver basic services, leveraging nearly $4 billion in reserves to maintain budget balance at the beginning of Fiscal Year 2021. The city even reasoned that it might need to borrow to maintain basic services, a fiscal last resort and a contributor to the fiscal crisis of the 1970s.

Yes, an immediate fiscal crisis has been avoided thanks to unprecedented economic stimulus and more than $20 billion in direct federal aid to the city since March 2020. However, the city’s recently adopted budget for Fiscal Year 2022 suggests an incomplete recognition of the fundamental challenges of the last year, and the many lessons of years past, in an economic and physical environment that remains deeply uncertain.

City-funded spending has returned to its pre-pandemic trajectory within a year and is well over pre-pandemic projections when state and federal assistance are included. Budget gaps facing the city beginning in FY 2023 are larger than the gaps prior to the pandemic despite extraordinary federal aid not just to New York City, but to the state, the MTA and the businesses and individuals making up the tax base.

These planned budget gaps,

averaging $4 billion annually, exist despite healthy FY 2021 year-end operating results.

While the city has increased the size of its newly established rainy-day fund by $500 million, city revenues beat projections from April 2021 by nearly $2.1 billion. The opportunity to use these unanticipated revenues to set aside additional reserves was missed.

Reserves are occasionally viewed as a luxury; excess funds find their way to new

programming instead. But recent events show they are a necessity in an uncertain world.

Even with FEMA aid, recovering from Ida’s flooding will require a matching portion to be paid for by the city. Some cities create emergency capital reserves for this exact purpose.

Proper reserve buildup can also fund proactive mitigation efforts. Our neighbors in Connecticut enabled municipalities to create climate change and coastal resilience reserves in preparation for worsening inclement weather events.

The city has less in reserves today to deal with, and prepare for, the unexpected than it did during the period of stable revenues prior to the pandemic ($5.1 billion now, including funds in the retiree health benefits trust, compared to $6.1 billion then). The city should recommit to building deeper reserves now, when operating results are stronger than

continued on page 9

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Union In Action Labor Unions / continued from page 1 the direction of our City. A growing coalition of over 50 organizations is advocating for the passage of Int. 1867 in the NYC Council, which would restore municipal voting rights to New York City residents with lawful presence.

With 35 council members now sponsoring the legislation, Intro 1867 support in the council is strong. However, the legislation’s biggest hurdle could be Mayor Bill de Blasio, who drew issue with the plan, saying on WNYC that he didn’t believe it would be “legal” and that the City’s lawyers think that change should be made at the state level. Mayor de Blasio said he had “mixed feelings” about the proposed law and would instead favor people going through the full naturalization process. About 900,000 legal permanent residents are living in New York City.

“I want to make it very clear for everyone. Neither federal nor state law prevents New York City from extending the right to vote in municipal elections to non-citizens. This is about no taxation without rep-

resentation. We must recognize the contributions made by our immigrant brothers and sisters. This is not about granting a favor to immigrants by allowing them to vote. If they pay their taxes, they should have a right to elect their local leaders, and if people have a problem with this, then they should move to another town or another country that immigrants have not built,” said Council Member Ydanis Rodriguez.

Workers’ World Today strongly supports Intro 1867. It’s time that hardworking immigrants who pay taxes and powered the City through the pandemic are given the right to vote in municipal elections. The current situation is taxation without representation.

Democratic Mayor nominee Eric Adams supports it. “The right to vote is fundamental to our democracy. Yet we do not give immigrants a vote in how our City is run and what our priorities are for the future,” said Brooklyn Borough President Eric Adams. “As communities face long-standing inequities that have led to disproportionate death and devastation in their communities,

Council Member Ydanis Rodriguez.

Photo courtesy: NYIC

our City has a moral responsibility to enfranchise taxpaying, hardworking legal immigrants and give them the voice they deserve. That’s why I’m proud to support the passage of Intro 1867.”

Do we have to wait for after the November elections for Mayor Adams to sign the legislation? Time to step up Mayor De Blasio. Signing the legislation could be your legacy instead of the current “worst mayor” status.

It’s also time for the labor unions to get behind Intro 1867, add the pressure, and ensure Intro 1867 becomes a reality.p

Challenging Fiscal Times / continued from page 8 anticipated, to stay prepared for when revenues drop, or cash is needed suddenly in response to the next unexpected event.

New York should also recommit to identifying programs to eliminate future budget gaps that focus on operations.

Emerging from the fiscal crisis of the 1970s, the city engaged in the regular review of services to modernize delivery and generate efficiencies to manage costs and enhance revenue. This practice has become less focused on the goal of closing outyear budget gaps through an assessment of operational demand over time, relying more on financial decisions, such as debt service savings. New York City is a dynamic enterprise, and its needs and strengths are constantly shifting. Its budgetary practices and menu of services should reflect this.

Prior to the fiscal crisis of the 1970s, the lack of resources and foresight in managing the delivery of services eventually led to broad cuts to both basic services and the labor force, exacerbating concerns over the city’s desirability and leading to population losses that took decades to turn around. The

extraordinary federal relief and economic stimulus of the past year has allowed the city a chance to avoid repeating this fate.

What happens next, however, will require the same budgetary discipline to build reserves and operational measures to close budget gaps that have led us out of crisis before.

The result would be consistent fiscal balance, improvements to quality of life, the return of the city’s competitiveness, and preparedness for the next unexpected event.p Thomas DiNapoli is New York State Comptroller. This Op-Ed was originally published on September 20 in The NY Daily News.

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Family: The True Modern Relationship

School Year Off to a Rocky Start? 4 Ways Parents Can Help Kids Get Back on Track

BY CHRISTOPHER A. KEARNEY THE CONVERSATION

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ending a child to school in the morning is a daily ritual for millions of families worldwide. Unfortunately, the attendance process has become highly disrupted due to COVID-19. The fact that many kids have been away from a physical school building for a year or more presents a number of challenges for them and for their family members as schools reopen and resume in-person classes.

As a clinical child psychologist who specializes in school attendance problems, I offer four ways parents can help students adapt to the new school year and improve their attendance.

1. Solidify the morning routine Morning preparation routines

may have become very laidback or even unnecessary during the pandemic.

Parents and children will need to practice their routines by setting waking times for all family members and having a regular order for getting ready for school. Give everyone more than enough time to complete all their tasks and try to complete the entire routine about 30 minutes before everyone has to leave home in case any problems arise.

2. Get academic help if needed Another important challenge for students reentering a physical school space is the need to relearn important academic skills.

Many kids lost ground in reading and mathematics during school shutdowns and will need to focus again on key basic skills such as comprehension, writing and mul-

tiplication tables. This may require extra help and tutoring as well as class time devoted to reviewing older material. In addition, many kids will need to relearn basic classroom routines as well as new health and safety protocols such as social distancing or mask mandates.

Parents are encouraged to work with teachers to understand the expectations for homework and behavior and remain aware of, and ready

for, sudden changes to learning formats. If a child’s progress in these areas seems a bit behind, then a conversation with the school counselor may be a good idea to set up a plan to help the student reach grade-level work.

slipped a bit through all the Zoom conversations.

Although kids may have had virtual discussions with their friends, direct contact with others presents its own challenges. Many kids will need to practice again how to start and maintain a conversation, control their anxiety and anger, assert themselves in different situations and perform in front of others – for example, for an oral presentation, athletic event or music recital.

Parents can help their children practice these skills and give them methods to cope with stress, such as relaxation and breathing techniques, that can be used at school or in situations where the child feels anxious.

3. Practice social skills Students reentering a physical school space will also need to relearn and practice important social skills that may have

4. Speak up about trauma issues Other children will have even more substantial challenges continued on page 11

YOU ALWAYS KEEP THEM SAFE. WITH VACCINES, THEY’LL BE EVEN SAFER. CHILDREN AGES 12-17 CAN NOW BE VACCINATED AGAINST COVID-19.

Get your child vaccinated for a safe return to school. Children who have been vaccinated against COVID-19 are less likely to get and spread COVID-19.

LET’S KEEP OUR CHILDREN SAFE AND OUR SCHOOLS COVID-FREE. For more information about COVID-19 vaccines and where to get one, visit nyc.gov/covidvaccine.

September 2021

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Family: The True Modern Relationship

Family Matters: Bullying

B

ullying is the use of force, verbal or physical, to intimidate or dominate another person.

Bullying behavior must be aggressive and include an imbalance of power, where kids use power to control or harm others, and repetition, behavior that happens more than once or has the potential to happen more than once, StopBullying.gov says. This includes making threats, spreading rumors, attacking someone physically or verbally, and excluding someone from a group on purpose.

Three Types of Bullying Verbal bullying is saying or writing mean things about someone. It includes teasing, name-calling, inappropriate comments, taunting or threatening someone.

Social bullying or relational bullying involves hurting someone’s reputation or relationships, including leaving someone out of an activity on purpose, telling other students

not to be friends with someone, spreading rumors and embarrassing someone in public.

Physical bullying involves hurting another student or their possessions, including hitting, kicking, pinching, spitting, tripping or pushing, taking or breaking someone’s things, or making mean or rude hand gestures.

Effects of Bullying Bullying affects both the student bullying others and the child being bullied; no one wins in this situation. Kids who are bullied are reported to experience depression and anxiety, feelings of loneliness, changes in sleep and eating patterns, health complaints and decreased academic achievement. Kids who bully others are more likely to abuse drugs and alcohol, get into fights, vandalize property, drop out of school, engage in early sexual activity, have criminal convictions and be abusive toward others.

Even kids who witness bullying are affected. They are more likely to have increased use of tobacco, alcohol and other drugs; have increased mental health problems; and miss or skip school.

Responding to Bullying It’s up to adults to stop bullying as soon as they see it. They should intervene immediately, even if it means grabbing another adult to help. Next, separate the kids involved and make sure everyone is safe.

Meet any immediate medical or mental health needs while staying calm and reassuring all the kids present. Model respectful behavior whenever you intervene.

Get police or medical attention immediately if a weapon is involved or if there are threats of serious physical injury, if there are threats of hate-motivated violence, if there is serious bodily harm or sexual abuse, or if anyone is accused of an illegal act.

Stop Bullying on the Spot When adults respond quickly and consistently to bullying behavior they send the message that it is not acceptable.

Research shows this can stop bullying behavior over time.

Parents, school staff, and other adults in the community can help kids prevent bullying by talking about it, building a safe school environment, and creating a community-wide bullying prevention strategy.p

Rocky Start?/ continued from page 10 returning to school, perhaps because of trauma experienced outside of school. Parents should work with school officials to let them know of any special problems or issues a child may have faced during a shutdown and work out a plan to help the child ease back into school. This could involve, for example, identifying places at school a child could use to calm down or allowing extended times for work and other tasks.

In some cases, therapy may be an important choice for children with emotional or behavioral problems and their families. Working with a school counselor to seek out mental health services may be helpful in this regard, especially if a child is missing school or is very distressed about going to school.p

Christopher A. Kearney is a Professor of Psychology, University of Nevada, Las Vegas

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September 2021

12

Education

NYC Schools Brace for Up to 10,000 Missing Teachers as Vaccine Mandate Takes Effect BYAMY ZIMMER AND CHRISTINA VEIGA, CHALKBEAT VIA THE CITY

A

s the vaccine mandate for New York City teachers is set to take effect next week, schools are bracing for this Tuesday when thousands of educators might be barred from their classrooms.

Mayor Bill de Blasio promised to have “thousands and thousands of vaccinated, experienced substitute teachers ready to go.” Central education department staffers could also be deployed to schools, he said at a press conference on Thursday.

But the union representing principals and other school administrators is calling on the city to delay when unvaccinated staffers must stop reporting to schools, saying there won’t be enough time to fill all their slots.

Roughly 13% of the city’s 78,000 teachers remain unvaccinated, according to recent

data from education department officials.

That translates to more than 10,000 teachers who have until the end of this coming Monday to show proof of having received their first dose. Nearly 20,000 other education department employees also lack proof of vaccination.

“Any situation where additional staffing is needed, we have staff that can be deployed very quickly to wherever they’re needed in the city,” de Blasio said. “The message for parents is that you’re going to have buildings with only vaccinated adults in them.”

Looking for Substitutes Principals are expected to receive new funding this Monday to cover the cost of staffing shortages based on the number of teachers refusing to comply with the vaccine mandate, according to an email the Office of the Chief Operating Officer sent Thursday.

Schools can hire certified teachers as “regular substitutes” for the remainder of the year, the letter stated. Additionally, staffers from the education department’s central offices — those with and without teaching licenses — were told this week that they might be redeployed to campuses for various school-based jobs.

The new funding will cover two weeks of coverage, with additional money expected to

be sent in the “coming weeks” as schools understand their long-term needs, the letter said.

Mark Cannizzaro, president of the Council of School Supervisors and Administrators, was doubtful the city has enough substitutes to fill all of the positions that could be vacant come Tuesday, saying that he was particularly concerned about low vaccination rates among personnel who don’t work in classrooms, such as cafeteria staff or school safety agents.

And while vaccination rates for teachers and administrators are high across the city, there are pockets of individual schools with much lower rates, he said.

“Who’s missing, and how are they concentrated?” he asked. “I’m hearing of schools, large high schools where over 100 people still haven’t uploaded a vaccination card. Whether they’re vaccinated or not, no one knows.”

He called it “irresponsible” to inform schools this Monday about the staff they may or may not have the following day.

“It’s not fair to families, and it’s not good for kids,” he said.

Even if the city is able to find subs to fill in for unvaccinated employees, Cannizzaro said young students need consistent relationships with teachers, and older students need educators with expertise to help them catch up after more than a year of interrupted learning.

“I believe that the mayor thinks that a body is a body — get them in, and we’re good,” Cannizzaro said. “That’s no way to run a school.”

‘They’re Not Going to Be Getting a Paycheck’ Teachers have had more than nine months to get vaccinated, and were given priority in January, following health care workers. Earlier in the summer, de Blasio said that teachers, along with other city employees, would have to be vaccinated or submit to weekly testing.

At the end of August, he announced a vaccine mandate for educators and other city workers, giving them about a month to comply. A few weeks later, he extended the mandate — with the same deadline — to pre-K and after-school staffers in city-funded programs.

Education department officials did not immediately respond to questions about whether the funding would also be sent to city-funded early childhood education programs.

The United Federation of Teachers had pushed back on the mandate, joining other municipal unions in a lawsuit against the city. A judge on Wednesday said he expected a ruling early next week, and recognized the city’s legal authority to move forward with implementing the mandate, lifting a temporary restraining order that

could have delayed it.

Separately, the UFT won an agreement from the city through arbitration to allow unvaccinated staffers without a medical or religious exemption to be placed on unpaid leave. Those with religious or medical exemptions will continue to work for the education department in some capacity outside of the classroom.

Some schools may be more affected than others in terms of the number of unvaccinated teachers. Staten Island City Council member Joe Borelli tweeted that some schools in his district have dozens of unvaccinated teachers — and implied that families support their decisions.

At the Michael J. Petrides School, a K-12 school on Staten Island mentioned in the tweet as having 80 unvaccinated staffers, at least four classrooms were closed as of Thursday, according to public data.

De Blasio remained optimistic that a wave of lastminute vaccine-takers over the coming days would help schools.

“People are out there getting vaccinated. I have no question we’re going to close the gap intensely,” he said.

And for those who refused to get their jabs: “In short order, they’re not going to be getting a paycheck,” de Blasio added.

Next week, new rules for quarantines also take effect as COVID testing for unvaccinated students ramps up.

Unvaccinated students who are masked and are spaced three feet apart will no longer have to quarantine if they are a close contact of a positive student, which will likely mean that lunch time will be the major focus for test and trace investigations. Elementary school classrooms still will have to quarantine if a teacher tests positive, education officials said.

COVID testing will ramp up to weekly from biweekly, though only 10% of unvaccinated children who consent will be tested.p This story was originally published

by Chalkbeat, a nonprofit news organization covering public education.

September 2021

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13

Old & New Immigrants: Their Rights

US Policy Toward Haitian Immigrants Is Part of a Long, Troubled History

BY REBEKAH WOLF IMMIGRATIONIMPACT.COM

S

hocking images have emerged of Border Patrol officers on horseback charging toward Haitian immigrants in and around the border town of Del Rio, Texas.

Thousands of Haitians have come to our southern border as conditions in their home country continue to deteriorate following a devastating earthquake in August and the assassination of President Jovenel Moise in July. Though the Biden administration acknowledged the horrific conditions in Haiti as it extended Temporary Protected Status to Haitians in May 2021, it has decided to remove thousands of Haitians from our southern border.

The administration’s treatment of Haitian migrants has received extensive criticism.

Yet its actions are a continua-

Editorial credit: Ringo Chiu / Shutterstock.com

tion of a long history of mistreating Haitian migrants.

The largest mass refugee crisis from Haiti in modern history arose in 1991. A military coup usurped the democratically-elected president of Haiti, Jean-Bertrand Aristide.

Following the coup, tens of thousands of Haitians fled the country, often on boats headed for the United States.

Initially, the U.S. Coast Guard turned thousands back to Haiti, often to imprisonment or death. A judge in Florida later ruled they could not be turned back without the opportunity to seek asylum. Thousands of Haitian refugees were then diverted to a now-infamous naval base to be held and processed— Guantanamo Bay.

Thousands of Haitians were held at Guantanamo Bay throughout the early 1990s. In 2002, the U.S. government issued an executive order creating what became the Migrant Operations Center for detaining people who were interdicted at sea—largely Haitian and Cuban nationals. The Biden administration issued a new request for contract services to operate this detention center. While the government has clarified that this detention center is only used (per the executive order) for people detained while at sea, it is indicative of the disparate treatment that disproportionately affects Haitian migrants.

Advocates have traced the start of the policy known as “metering” to an increase in Haitian migrants arriving in Tijuana on the U.S.-Mexican border in May 2016. This policy—started under the Obama administration and acceler-

ated under the Trump administration—only allows a certain number of people a day to approach a port of entry on our southern border.

The horrific abuses of Haitian migrants in Texas documented in recent pictures and video are only the latest in a long history of the disproportionate mistreatment of Haitian migrants attempting to seek safety in the United States.

This treatment cannot be disassociated from a simple fact: Haiti is the source of the largest number of Black migrants to the United States in the western hemisphere. Policies that disproportionately affect Haitian migrants are rooted in anti-Black racism. It is too early to tell whether the outcry against this current round will have a lasting impact.p

September 2021

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14

Old & New Immigrants: Their Rights

Biden Administration Reopens Protection Program for At-Risk Central American Children

BY GIANNA BORROTO IMMIGRATIONIMPACT.COM

T

he Departments of State and Homeland Security announced recently that they will be accepting new applications for the Central American Minors (CAM) Program, created to process immigrant children into the United States in a humane and efficient manner.

This announcement is part of the agencies’ plan to reopen and expand the CAM program, which the Trump administration terminated in 2018. The change will allow certain vulnerable children from El Salvador, Honduras, and Guatemala to reunite with parents and legal guardians in the United States without having to make the perilous journey to the southern border.

The CAM program was created in 2014 under the Obama administration as a response to larger numbers of Central

American children entering the U.S. unaccompanied, seeking protection from violence, abuse, and other dangerous conditions in their home countries. Though the children were initially placed in Office of Refugee Resettlement shelters around the country, many were ultimately released to parents who were already in the United States.

The CAM program allowed for certain parents in the United States to request refugee resettlement interviews for their children in El Salvador, Honduras, and Guatemala. Before the program, many children sought asylum based on abuse and danger in their home countries. But they could only apply for protection once they had entered the United States after a long and dangerous journey to the border. The CAM program allowed qualifying children to apply for protection from their home countries instead.

In the first phase of the Biden

administration’s CAM reopening, which began in March, the government began reopening CAM cases that had been closed when the Trump administration terminated the program, leaving many children in a dangerous limbo. More than 2,700 children had already been conditionally approved when they learned that their CAM applications would be terminated.

Immigrants’ rights groups sued the Trump administration and a federal court eventually ordered DHS to submit a plan for processing those conditionally approved applications. But this ruling did not cover applications that had not yet been conditionally approved, leaving some children with no option but to flee to the United States in search of protection.

The second phase of the Biden administration’s CAM reopening began in June and expanded eligibility to include legal guardians in the United

States and those with pending asylum and U visa applications.

Previously, only parents qualified to apply.

Applications for these forms of protection can take years to be adjudicated. CAM’s expansion is a positive step toward keeping families together who otherwise would be torn apart by the bureaucracies of the immigration system.

Though the CAM program is a wonderful idea in theory, its implementation was fraught.

Among the issues with the CAM program were the many hoops the children had to jump through during the application process and long waits for their applications to be processed.

Additionally, children were often forced to navigate the complex application process largely on their own, including obtaining transportation and sometimes traveling hours to capital cities to attend the CAM interview and to complete required DNA and other tests. Be-

cause these children were applying for refugee status from within their country of persecution, remaining in their home countries for even a few extra months could be a death sentence.

Fewer than 2,000 children successfully arrived in the United States through the CAM program.

The Biden administration’s move to reopen CAM is a welcome step toward ensuring the safe reunification of vulnerable Central American children with their parents and guardians.

However, the government must take care to implement the program in a way that allows more children to access its benefits, unlike the previous iteration of CAM. Children fleeing persecution should not be forced to navigate a complex system alone and to wait in dangerous conditions while the government adjudicates their application for refugee status. p

www.willsandestates.nyc

September 2021

Estate Planning

Law Firm of Figeroux & Associates

Estate Planning Guide:

Senior Focus

INSIDE: •The

Importance of Estate Planning

•Important

Informaton About Bedsore Injury Cases

•Nursing

Home Neglect and Abuse Are Very Real •Do

I Need a Living Trust?

•Become

an Organ Donor

•What

Happens If You Die Without a Will?

•Tips

to Keep Your Brain Active

•Choosing

An Estate Attorney

1

September 2021

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2

Estate Planning Guide

The Importance of Estate Planning

BY JANET HOWARD

N

o one likes thinking about death, but sooner or later, we all need to make plans for the inevitable. Some people assume that their possessions will automatically transfer to their spouse or other family members if they die. Unfortunately, this is not always the case. Estate planning offers some control over what happens to your assets in the event of your death, enabling you to ensure the right assets go to the right people.

What is Estate Planning?

Estate planning encompasses a range of measures that individuals can take to ensure their assets are distributed appropriately in the event of their death or incapacitation. Writing a will that specifies who gets what after someone dies is an example of estate planning.

However, while most people are familiar with the concept of leaving a will, estate planning can involve a wide range of other activities. Most estate planning is conducted with the advice and supervision of an attorney. There are also estate planning advisers who aren't lawyers but can advise clients on the financial side of estate planning.

Examples of common estate planning practices include: •Deciding how assets should be preserved, managed, and distributed after the owner's death or incapacitation and which assets should go where.

•Writing a will.

•Setting up trusts to hold or manage assets on behalf of beneficiaries.

•Making charitable donations and taking other measures to limit the estate's tax liability.

•Naming beneficiaries and executors.

•Making funeral arrangements.

Why do you need a Lawyer to Assist with Estate Planning?

Technically, you don't have to have a lawyer to assist you with estate plan-

ning. However, unless you happen to have the qualifications yourself, working with a lawyer is strongly recommended. Estate planning can be simple or complex, depending on the estate in question, but it is always a serious undertaking. If there are any problems with estate plans, they often won't become apparent until they are executed after the estate owner's death.

While many of the strategies and instruments available for estate planning are the same across the US, each state has its own rules regarding who can and can't serve as a personal representative. In cases where the beneficiaries of an estate reside or the nominated personal representative of the deceased are in different states, things can be-

come more complicated. To ensure that everything proceeds smoothly, you should hire an experienced lawyer with estate planning experience. Estate planning lawyers will know the relevant state laws inside and out.

Working with an attorney to formulate a plan for your assets after your death will give you and your beneficiaries peace of mind that everything is in place and your plans are indisputable. They will work with you to ensure all the necessary documentation is available, utilize the most suitable financial instruments to achieve your objectives, and ensure the wording and procedures you use will stand up in court.

But perhaps the most compelling reason to make your plans under the supervision of a lawyer is that you will minimize unnecessary expenditures. If there are any issues with your estate plan or the documents you submit, your beneficiaries could end up drowning in legal fees.

Wills and Estate Planning A will is a legal document that specifies how you want your assets to be distributed after you pass on. If you die withcontinued on page 3

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September 2021

3

Estate Planning Guide Importance of Estate Planning/continued from page 2 out a will in place, your assets will most likely be distributed according to local state laws or left in the hands of a judge. As well as indicating how you want to distribute your assets, a will can also specify your wishes regarding the care of minor children and other similar issues.

It is a common misconception that only those with significant assets need to bother with a will. Even if you have minimal assets to distribute after your death, there are many reasons why leaving a will is a good idea. For example, you can ensure that any assets you leave behind are distributed to the right people and, just as importantly, kept out of the hands of those you don't wish to pass them on to.

Wills are also crucial for settling issues regarding childcare.

Wills are a core component of any estate planning strategy, but not all wills are created equal. Some types of will, such as oral wills expressed in front of witnesses, aren't widely recognized by US courts. The most effective kind of will is called a testamentary will. Testamentary wills are the type that most people are familiar with; the testator puts their wishes in writing, and witnesses sign the document. If you produce a testa-

mentary will under the supervision of an attorney, it will be very difficult for anyone to challenge it in court after you die successfully.

Wills are commonly used alongside trusts to distribute assets to beneficiaries. By utilizing both mechanisms, you can set conditions for the distribution of your assets while minimizing your beneficiaries' tax liabilities. Each trust usually only holds specific assets, such as a piece of property. They are frequently used to hold or manage assets on behalf of underage beneficiaries. Once the recipient is able to manage the assets themselves, they can take possession of the trust and the associated assets.

How Estate Planning Can Provide for Those with Special Needs Estate planning is always important, but it takes on an even greater signifi-

cance when a child with special needs is involved. Estate planning isn't just about dividing financial assets; it's also an opportunity for parents to ensure their children receive the appropriate type of care when they're gone.

If the child is likely to receive government benefits, their parents can establish a "special needs trust" for them as part of their estate planning. These trusts need to be drafted carefully to ensure they don't affect the child's eligibility for government benefits. The idea is that while the government benefits cover the recipient's basic needs, the trust provides funds for other trips and activities.

What Happens When Someone Dies Without a Will or Estate Planning?

If someone dies without a will, they are said to have died "intestate." This can create numerous problems for the

deceased's heirs. Without a will to specify how an estate should be divided, the estate goes into probate.

Probate is a legal process in which a probate court determines who inherits what according to state law. The probate process can take anywhere from a few months to a few years to resolve, depending on the complexity of the estate.

In most cases, intestate succession laws are used to determine who inherits an estate in probate. These laws differ from state to state, but most states will split the estate between the deceased's spouse and children if there are any. If the deceased is single and has no children, the state will determine which relatives should inherit their assets.

In most states, only certain people can inherit assets under intestate laws.

These are usually limited to spouses and registered domestic partners and blood relatives.

Estate planning is vital for anyone who wants some degree of control over the distribution of their assets after they die. Dying intestate can create significant stress and tension among surviving heirs and spouses.

You should always work with an estate planning lawyer to ensure that estate planning is thorough and robust.p

September 2021

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Estate Planning Guide

Important Information about Bed Sore Injury Cases

BY TIFFANY DAVIS

L

ong-term residents of nursing homes often fall prey to various complications related to a sedentary lifestyle. Their personal health status will often be the defining factor when activity and movement are considered by medical staff. Some of these living situations, however, are less than adequate. Neglect, unfortunately, is a common occurrence and can result in the development of bed sores, among other health issues. A loved one in nursing home care should be monitored regularly by family and friends to assess the standard of care. If a bed sore should appear and worsen while in the facility, there are some options to consider before seeking legal recourse.

Bed Sore Facts Bed sores appear on the skin and can reach all the way to the bone in severe cases. These sores are caused by the sedentary lifestyle of elderly and ill patients. Pressure from one's own weight, while remaining in one bodily position long term, causes the decrease in blood flow and oxygen to the area. The tissue eventually becomes infected and dies. This open wound can lead to serious secondary infections and even death. The best treatment is prevention with proper care and movement of the patient.

They can be very difficult to control and cure once the descent of health is underway.

First Appearance of the Sore and Documentation It is necessary to have proper evidence of the nursing home's role in the bed sore issue.

Check the person in care at

every visit, so you can be sure of the exact date of the bed sore's appearance. If the patient will be sent from hospital care directly to a nursing home, have the hospital staff check and document the condition of the skin prior to discharge. This will help to show evidence of prior bed sore absence or condition. You will also be able to tell if the affected area improves or worsens while in residence at the nursing home in question. Evidence of the negative progression of the bed sore is a necessity when defending your loved one in legal encounter.

Your lawyer will ask for any documentation you have collected in relation to the case you are proposing. Preparation for this will involve your dedication to retrieval of medical records, dated pictures of the sore, and securing of witnesses. Be sure to meet with the doctor on appointment days. Ask for written documentation of the bed sore progression. You can also form your own written notes when you go for visits. These notes should accompany pictures taken on a digital device where a time stamp is included. Be sure to also include the treatment plan from the nursing home staff and documentation of daily medications and applications. This treatment plan should include regular removal of the patient's weight from the offending area. If you visit and repeatedly find the patient in the same position, they are at risk for increased amount of bed sores, as well as the deterioration of present ones.

Are Bedsores Cause for a Lawsuit?

The answer to this may vary from case to case. This is why proper documentation of the issue is so important. Cases where bed sore lawsuits may be advisable are those where the condition first appears in the new residential location, and where a worsening of a present condition is observed.

Secondary infections, further health complications and fatalities are also circumstances that may warrant legal action.

If the nursing home staff can gather enough evidence to prove they are properly treating the symptoms and show improvement in the status of the sore, you may need to hold off on pressing for legal compensation.

Bedsore Settlement Amounts Settlements that are approved in bed sore cases will vary in the final amounts offered.

These variances will be due to the different stages of health concerns related to the bed sore. If the bed sore is fairly new, and has worsened minimally, your compensation will be on the lower side. Bed sores that lead to secondary infec-

tion and surgical procedures will obtain a much higher amount. Compensation can reach in to the millions when severe health problems come about. You can expect most cases to remain at 1 million or under, usually in the hundreds of thousands. Abuse and neglect are often determined to be the cause of these cases, leading to employee removal and facility reorganization, as well.

These costs are considered to be related to health expenses, emotional trauma, and sometimes funeral necessities.

Who Pays for Bed Sore Treatment in Nursing Homes?

Medical procedures are usually covered by the patient's insurance once they are residing in a nursing home. Many elderly rely on state funded insurance plans. These plans can have strict policies on coverage or denial of specific ailments.

In the case of bed sores, treatment cost may be expected to be covered by the institution that failed to properly prevent the development of the sores.

Since bed sores usually happen when patients are bedridden, it is up to facility staff to follow proper prevention procedures.

If a patient wins a legal case against a nursing home, care costs will then fall to the nursing home or be included in the settlement price. Out of pocket expenses are not usually incurred by sores that come into being in a certified and licensed care facility.

Compensation Legal action is best pursued under the supervision of a legal firm knowledgeable with similar cases. Take the time to meet with a legal representative claiming past experience with nursing home and bed sore cases. A decent amount of medical knowledge is necessary to ensure excellent representation. There is hope for the possibility of compensation in relation to bed sore symptoms and obstacles.

How do you find our if you have a legal case or can be compensated? Call the Law Office of Figeroux & Associates for a FREE consultation at 855-758-8845.

Remember, the lawyer you hire, does make a difference!

Get the right information, to make the right decision for yourself and your family.p

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September 2021

5

Estate Planning Gudie

Nursing Home Neglect and Abuse Are Very Real

BY MARY CAMPBELL

T

he United States Census Bureau estimates that within three decades those persons age sixty-five or older will make up 20% of the population, i.e., an estimated 60 million persons. As the "baby boomer" population ages, more people will reside in nursing homes. So the problem of nursing home injuries and abuse, unfortunately will likely see a corresponding surge, and it will become more and more important to recognize and report any incident where a nursing home resident has been harmed.

What Is Nursing Home Abuse and Neglect?

While nursing home neglect is similar to abuse in the nursing home, there are key differences among the two.

Nursing home abuse implies that the caregiver intends to harm the elderly person, while nursing home neglect is a form of substandard care, or a breach of duty, that causes harm to the patient.

An Increasing Problem A study conducted and documented a few years ago by the National Center on Elder Abuse (NCEA), researchers revealed that 44% of the nursing home residents surveyed stated they had been abused or maltreated in the previous twelve (12) months. That same survey found that 95% of those surveyed had either witnessed instances of neglect or had suffered neglect during that same time period. Unfortunately, similar studies documented by the NCEA estimate that only one out of every 24 instances of nursing home abuse is reported.

What Are the Warning Signs?

The Administration on Aging states that depending on the nature of the abuse or neglect, there are a number of warning signs that may indicate that abuse or neglect is occurring.

These may include: Physical or Sexual Abuse •inadequately explained fractures, bruises, welts, cuts, sores, or burns •unexplained sexually transmitted diseases

Financial Exploitation •lack of affordable amenities and comforts in an elder’s home •giving uncharacteristically excessive gifts or financial reimbursement for needed care and companionship •a caregiver has control of an elder’s money but fails to provide for the elder’s needs •an older adult has signed property transfers (power of attorney or will, for example) but is unable to comprehend what the transaction means Emotional Abuse •unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, or unexplained changes in alertness •caregiver isolates the elder (doesn’t let anyone in the home or doesn't let visitors speak to the elder) •caregiver is verbally aggressive or demeaning, controlling, or uncaring Neglect •lack of basic hygiene or appropriate clothing •lack of nutritional food •lack of medical aids (e.g., glasses, walker, dentures, hearing aid, or medications) •person with dementia left unsupervised •person confined in bed is left without care •home is cluttered, dirty, or in disrepair •home lacks adequate facilities (stove, refrigerator, heating and cooling, plumbing, or electricity) •untreated bed sores or pressure ulcers

A Worker’s Experience Workers’ World Today spoke with Arlene (name has been changed for privacy) about her experience as a home health aide and nursing home caretaker. She had this to say, ”Homecare is a pleasure; taking care of someone is a great incentive for me. My last case with an elderly Jewish lady, a doctor comes to her home. He has no recollection of her mental health and just provides medication to her, day on, day on. A sore broke out on her while I wasn’t there; the other two home attendants did not attend to it. ...The other Sunday, when I got there; I reported the case immediately. My nurse was so surprised that the two other home health aides did not make a call. And I let her know that these are the people that we are hiring who only want money and do not care about the lives they are supposed to take care of....And lives have been deteriorating under the hands of person who are supposed to care for them. I have been doing this job from since 2000. I've been doing this for a while and I have seen the changes and this is about making money; it’s a hustle, it’s about making a quick dollar. I would like to see a change. It is a suicide you are creating ... you’re killing that person's life instead of making that life enjoyable, until they're ready for the Lord to take their life.

Benny Gomez, says his mom was assaulted and posted a picture of his bruised and injured mother on social media, which has been shared nearly 9,000 times.

“What does she mean to me? Everything," Gomez said. He added, “She has double fractures in her face," he said. "Her nose is broken. She has stitches."

Eyewitness News met the heartbroken, shaken and angry son with his attorneys, days after his mother was rushed to the hospital from the Westfield Center Nursing Care facility in Westfield.

State officials and police are trying to figure out how an 86-year-old nursing home patient in New Jersey ended up with severe injuries to her face.The Department of Health and Westfield police are investigating, so no charges have been filed. Gomez's mother has not been returned to the facility.

In the News According to an article on www.abc7ny.com on September 26,

by Toni Yates, an 86-year-old woman was assaulted at a nursing home as reported by her son. The patient's son,

Legal Help If a family member or someone you know, has suffered abuse or neglect, help is available. Call the Law Office of Figeroux & Associates at 855-7688845 for a FREE consultation.p

ADMINISTERING & SETTLING ESTATES "The Law Firm of Figeroux & Associates was founded to serve our clients, but also to contribute to the greater good."

- Figeroux & Associates

To schedule or refer a client, call 855-768-8845

Researching Nursing Homes While there’s no way to know about abuse that goes unreported, one can look up the name of a nursing home in federal inspection data and see whether it has been cited for sexual abuse or other issues in the past three years.

This can be done at www.medicare.gov/nursinghomecompare/search.html

www.willsandestates.nyc

September 2021

6

Estate Planning Guide

What Happens If You Die Without a Will? which may include instructions for your desired funeral arrangements and interment, the distribution of personal items of great sentimental but minimal monetary value, or your choice of a guardian for your young children.

Without a doubt, dying without a will robs you of your right to have a say in the settling of your affairs and creates unnecessary hardship for those closest to you, as they are left to deal with the legal technicalities on their own.

BY MARY CAMPBELL

Y

ou know you should make a will, but you never seem to be able to drum up much enthusiasm for the idea. It seems like a big, complicated pain-in-the-butt undertaking and you’re not planning on dying anytime soon anyway. You know that lawyers cost a fortune, and who knows if you really can legally use one of those online will kits? Differing opinions abound.

So, you wonder, what does happen if you don’t make a will? Can the government really take all your possessions that the bank doesn’t already own most of?

The short answer is probably not. Unless you are truly completely alone in the world with no blood ties whatsoever, there is likely a relative somewhere that is eligible to inherit, if they can be found. In fact, British television has aired a program called Heir Hunters, which is described as “a series following the work of heir hunters, probate detectives looking for distant relatives of people who have died without making a will”. In the U.S., private investigation firms will attempt to find a potential heir, but someone presumably must hire them before they will begin to look. Of course, if the estate is large,

anyone may undertake to find lost relatives in hopes of receiving a commission for the information from a grateful heir.

In the end though, it is possible that if an heir cannot be found after a reasonable length of time has passed, then yes, eventually your estate will escheat (pass) to the appropriate governing body.

However, for an average individual with no shortage of relatives in line to legally inherit your worldly goods, the application of the relevant inheritance laws certainly doesn’t mean that your estate will be distributed in a manner that you would approve of. Intestacy (the legal term for dying without a will) laws vary widely, depending on where you live. Your spouse, for instance,

may find that the laws of your state are not altogether favourable to him or her when you have children involved, perhaps from a previous marriage. Common law and same sex partners may or may not be recognized as eligible to inherit. A close relative you cannot stand the sight of may be first in line if you have no spouse or children. Read our informative website at www.willsandestates.nyc Finally, it is important to note that in addition to the disposition of your estate, regardless of the value, your will also functions as the vehicle through which you will make your final wishes known. You will appoint a trusted executor/executrix to a position of authority to administer your final wishes,

Changes in Tax Laws It can be hard to stay up-to-date on constantly changing tax laws, but it’s necessary to keep your final document in good legal standing. Especially if your will takes actions to address estate tax issues, it’s a good idea to receive periodic reviews by an attorney.

Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish.

Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament. Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

September 2021

www.willsandestates.nyc

7

Estate Planning Guide

Do I Need a Living Trust?

Become an Organ Donor

BY CHRIS TOBIAS

hen you make a commitment to donate healthy organs or tissue at the time of your death, you positively impact the lives of numerous others. When planning your legacy, it’s easy to have your loved ones at the forefront of your mind, but a simple registration could influence the health of a stranger.

According to the United States Department of Health & Human Services, there are two ways to sign up to be an organ donor. From the comfort of your home, visit their website and fill out a simple form. If you would rather complete the process with a representative, the experts at the local Department of Motor Vehicles can help.

W

E

veryone has heard of wills.

However, how many know about living trusts. So what exactly is a living trust you may ask. Put simply, it is a written legal document that partially replaces a will. Will you need one though? That’s the question many people find hard to answer.

Unless you have assets or children, living trusts are probably not the best option. However, if you have significant assets, living trusts allow you to remain in control of your assets and manage them according to your wishes. You an also name a secondary trustee should you not be able to manage them yourself. Anyone with simple estates, or that wishes to have court supervision over their assets and accounts should not consider a living trust either.

One major advantage of living trusts is the absence of court interference.

With wills, court supervision and approval is required. Being able to control one’s own assets is appealing. Face it no one likes dealing with court officials especially after a death. There are no arguments as to who has control of your assets or your will. You will normally be the trustee of your own living

trust with a secondary trustee named in the event your become incapacitated.

Should you die, your name successor will manage the trust according to your wishes. No lawyers will be involved which save every one left behind time and money. It is important to discuss the planning of a living trust with a lawyer to better understand how it works. If you name the wrong person as the trustee, you may be taken advantage of. A lawyer can provide guidance so you make the right choices. Remember, no court or judge to come to your defense with a living trust.

You should still have a will with a living trust. This is especially important when children are involved. A will can serve to name their legal guardian.

Also, your will contains any assets not

listed in your living trust. It is always best to have all your bases covered.

Some benefits to living trusts include protecting property for beneficiaries, reducing or eliminating taxes, managing property while incapacitated, avoiding probate, avoiding a will contest, and privacy. When looking at all the benefits and the ease of setting up a living trust, the biggest question is why shouldn’t you have a living trust?

Always consult a lawyer or other similar professional before setting up a will or living trust. They can answer any questions you have and clear up any confusion. It is always best to have all the facts before creating a will or living trust. When everything is set up correctly, that is one less thing to worry about later on.p

How You Can Help Adults who are legal citizens of the United States are eligible to donate organs at the time of death, and, in some cases, during their lifetime. Of course, certain diseases may inhibit you from becoming a donor; be honest about your health conditions during registration.

Make sure to discuss your wishes with your family. Conversations regarding death are never easy. You should approach the subject with sensitivity by discussing the benefits that registration offers to others.p

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September 2021

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23

Jobs & Recession

Important Steps to Take If You’ve Been Laid Off know you are looking for a job and ask them to keep an eye out for one for you. Keep an eye on legitimate internet job search sites for jobs in your area. Use your free time to volunteer at your church, local senior center, children’s school or any other place you enjoy supporting and network with the people you meet at these places. Since 70% of all jobs are found through networking, the more people you come in contact with the better chance you have of finding a new job.

BY CHRIS TOBIAS

L

ay offs have been happening by the thousands and it seems no business is safe from closing or laying off employees. If you’ve been one of the many who have been laid off, or if you know that you are going to be laid off in the near future, there are a few important steps you need to take to help you survive the lay off.

Get it in writing – Make sure you receive a letter from your employer that you were laid off. Being laid off is very different from being fired or let go for poor job performance and will make a difference in collecting unemployment. It is also important that any prospective employers know that you lost your job due to a lay off instead of being fired. If you haven’t received a formal letter, then you should request one from your employer.

Ask for a recommendation letter from bosses and coworkers – The best time to collect recommendation letters is now because you will need these when you begin applying for jobs later.

Review your unused vacation or Personal Time Off (PTO) – Keep a record of all unused vacation or PTO that you have and discuss with the Human Resource Manager at your company as to when you can expect to be paid for these days in full. Some companies will add this to your last paycheck while others will pay you this amount in a separate check.

Make sure you understand when you will receive this money, so you know when to expect it. This extra money will be a great help now that you are no longer working.

Discuss severance pay – While some companies openly offer severance pay to the employees they lay off; others do not offer it at all. Ask your employer about severance pay if you are unsure of whether or not you will receive any so you know right away what kind of compensation you can expect.

Discuss continuing insurance with your employer – If you were receiving health benefits

at your job then you do have the right to continue coverage under the company plan for up to 18 months under the Consolidated Omnibus Budget Reconciliation Act (COBRA). However, you will be expected to pay the entire premium instead of your current employee portion. In many cases it is still less expensive to stay on your company plan because group insurance costs far less than individual insurance. If the premiums are too high for you to pay you may want to check into state sponsored medical insurance until you are able to find a new job.

File for unemployment benefits – You should file for unemployment benefits as soon as you receive your notice of being laid off. Depending upon your state and situation, you can receive 6 to 12 months of unemployment benefits. Extensions may also be granted depending upon your situation. If you have computer access you can apply online at your state’s unemployment website.

Manage your finances – Once you know how much money you will be receiving through severance pay, vacation or PTO payouts and unemployment benefits you should scrutinize your finances and see where you can trim the fat. Realistically, it takes up to six months to find a new job and you need to make the money you have last throughout this time period. Don’t rely on credit cards to get you through this period or you will find yourself deep in debt by the time you find a job. It is better to cut your spending as much as possible, so it won’t take you years to pay off bills from this time period.

Find opportunities to enhance your skills – Being laid off is devastating, but it can also be a time for you to expand on your skills and education. Take advantage of any classes or programs your former employer offers to help you assimilate into the job market. Check for state or federal programs that offer free classes to the unemployed to enhance their skills or learn new ones. The more knowledge you acquire, the more marketable you will be when you apply for a job.

Network – The more people who know you are looking for a job, the greater chance you have of running into someone who may know of a job that is right for you. Let family and friends

Stay positive – It’s hard to look on the bright side when you are struggling to find a new job but it is best to keep moving forward than to sit and do nothing. Work on improving your strong points and learning new skills that will make you a more valued employee. Even though it was not your choice to be out of work, this is a good time to work toward acquiring a job you will enjoy and will hopefully be even better than the one you had before.

It isn’t easy losing your job, but it helps to know what you should do in the event of a lay off. By being careful with your money and keeping yourself busy learning new skills and networking, you will hopefully find a new job that is even more rewarding than the one you had before.p Get more career resources at at www.freeparalegal.org

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Questions? Call 855-682-9489.

September 2021

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24

In the News

Take Action: Tell AMPTP to Teamsters Denounce Give Film and Television Billionaire John Workers a Fair Deal Catsimatidis for Firing Striking Workers

A

fter months of negotiating successor contracts to the Producer-IATSE Basic Agreement, and the Theatrical and Television Motion Picture Area Standards Agreement, the Alliance of Motion Picture and Television Producers (AMPTP), which represents major film and television production companies, announced it does not intend to make any counteroffer to the IATSE’s most recent proposal.

Throughout the bargaining process, the AMPTP has failed to work with the union on addressing the most grievous problems in their workplaces, including:

•Excessively unsafe and harmful working hours.

•Unlivable wages for the lowest paid crafts.

•Consistent failure to provide reasonable rest during meal breaks, between workdays, and on weekends.

•Workers on certain “new media” streaming projects get paid less, even on productions with budgets that rival or exceed those of traditionally released blockbusters.

It is incomprehensible that the AMPTP, an ensemble that includes media mega-corporations collectively worth trillions of dollars, claims it cannot provide behind-the-scenes crews with basic human necessities like adequate sleep, meal breaks, and living wages. Worse, management does not appear to even recognize these core issues as problems that exist in the first place.

These issues are real for the workers in this industry, and change is long overdue. These workers risked their health and safety all year, working through the Pandemic to ensure that business emerged intact. Now, they cannot and will not accept a deal that leaves them with an unsustainable outcome. p

Unions Call on NYC Courts to Halt Reopening Plans

A

coalition of legal services unions, tenants, community organizations, and elected officials sent a letter to the New York State Office of Court Administration (OCA) and Governor Hochul urging them to halt plans that would force litigants and attorneys into New York City’s Housing Courts while the COVID-19 pandemic continues to put communities in danger of sickness and death. The coalition cited poor ventilation, narrow hallways, and lack of safety planning as evidence that housing courts are “among the most dangerous

places in New York City."

Legal services workers, chiefly represented by the UAW, have been representing tenants throughout the pandemic, primarily through remote appearances.

In August the court administration announced a plan to return to mandatory in person court appearances, which the

unions, tenants, and electeds argued would only put people's health and lives at risk.

Simultaneous with the release of the coalition letter, two Legal Services Staff Association/UAW 2320 members who work as attorneys representing tenants in housing court published an oped in The Daily News calling on the housing courts to remain closed to mandatory in-person appearances.p

Catsimatidis. Editorial credit: lev radin / Shutterstock.com

T

eamsters Local 553 is expanding charges at the National Labor Relations Board against United Metro Energy Corp., owned by billionaire John Catsimatidis, after the company fired another striking worker last week. Catsimatidis has permanently replaced eight union activists since a strike began at the company’s Brooklyn oil terminal in April.

The union originally filed charges at the NLRB in May alleging that the company was targeting union activists for permanent replacement and is now asking the federal agency to add the latest firing to its ongoing investigation.

“I’ve been on strike for 151 days trying to make this a job I can live on,” said James Anderson, who has worked at United Metro Energy Corp. since 2018. “To then get a letter from my employer saying that they are permanently replacing me instead of giving me a fair wage, it breaks my heart.

But me and my coworkers are standing strong to get the union contract we deserve.”p

Nabisco Strike Ends: BCTGM Members Overwhelmingly Accept New Contract

Photo courtesy NYC Central Labor Council

COVID-19 Vaccine Series Required for Immigration Medical Examinations

E

ffective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. This guidance applies prospectively to Form I-693 signed by civil surgeons on or after Oct. 1, 2021.

USCIS is updating its policy

guidance in accordance with the Centers for Disease Control and Prevention’s Aug. 17 update to the Technical Instructions for Civil Surgeons.

We are working on updating Form I-693 and the form in-

structions to incorporate this new requirement. Applicants must complete the COVID19 vaccine series (one or two doses, depending on the vaccine) and provide documentation of vaccination to a USCIS-designated civil surgeon before completion of the immigration medical examination.p

A

fter weeks of strikes and protests, Nabisco workers voted to ratify a new contract and end their strike. The new agreement includes hourly wage increases each year for 4 years, a $5000 bonus for all employees, doubles 401(k) contributions, and blocks Mondelez's planned health care cuts. Approval of the contract ends the BCTGM’s strike against Nabisco which began on August 10, 2021.

In commenting on the membership vote to ratify the new contract, BCTGM International President Anthony Shelton stated, “This has been a long and difficult fight for our striking members, their families and our Union. Throughout the strike, our members displayed tremendous courage, grit and determination.The

BCTGM’s striking members made enormous sacrifices in order to achieve a quality contract that preserves our Union’s high standards for wages, hours and benefits for current and future Nabisco workers. Their sacrifice will benefit all BCTGM members and working people around the country for years to come.

Those Brothers and Sisters who walked the picket lines day in and day out are true BCTGM heroes.

“The BCTGM is grateful for the outpouring of fraternal support and Solidarity we received from across the labor movement in the U.S. and around the world."p

www.workersworldtoday.com

September 2021

25

In The News which represents the Deliveristas, told THE CITY shortly after the vote. “One thing is real full representation [as employees] — that is the first step to start addressing all of the issues and regulating the entire industry, and making sure workers have a seat at the table, that they have the power to decide what goes in and doesn’t go in that contract.

“And why not, forming a union that has the power to actually fight back against these giant tech companies,” she added.

Food Delivery Workers / continued from page 1 As first reported by THE CITY, the Council’s six-bill package — which includes granting couriers access to restaurant bathrooms, mandating minimum payments per trip and ensuring that tips get to workers — is expected to be signed into law by Mayor Bill de Blasio.

Outside City Hall, dozens of delivery workers cheered as they heard the news, gathering ahead of the vote to distribute helmets to other couriers and help with bike tune-ups.

“This started with the group chat that I created with some compañeros also from Guatemala, and we saw this as a very long, complicated journey. Something in me said: ‘Don’t give up,’” said Sergio Ajche, who helped organize fellow delivery workers.

“We hope this sends a message to other delivery workers in New York and elsewhere: If you work from the heart, you’ll get results,” Ajche, of Brooklyn, told THE CITY in Spanish.

Lack of bathroom access became the rallying cry for Los Deliveristas Unidos — a grassroots collective of immigrant food delivery workers that began organizing last winter after pandemic rules shuttered restaurants to indoor dining and closed other bathroom options. The Deliveristas, most of whom travel the city by bike, helped keep New Yorkers fed in a city on lockdown.

“This is a testament to the organizing power and determination of our city’s delivery workers,” said Councilmember Carlina Rivera (D-Manhattan), who sponsored a bill requiring restaurants to make their bathrooms available to app-based couriers or face fines.

Supporters of the legislative package hope that New York City’s action spur other cities to follow, offering a roadmap on how to negotiate a package with input from delivery workers and app-based tech companies making billions off the gig economy.

‘Solid Legal Ground’ The minimum pay rate approved by the Council in a 40to-3 vote marks the first time a major U.S. city will standardize the working conditions of people toiling for the appbased delivery industry — setting a precedent as some major tech companies embark on a national campaign to clamp

Deliveristas gathered outside City Hall cheered passage of the bills to improve their working conditions. Ben Fractenberg/THE CITY

down on government regulations.

The bills also included measures that will put limits on how far workers can be asked to ride — an issue that came to the forefront when some delivery people were sent on interborough trips as remnants of Hurricane Ida pounded the city earlier this month.

At least one major food delivery company — Grubhub, which owns Seamless — told THE CITY that it supports the regulations passed by the Council. But the measures could face legal pushback from other industry players.

“These bills are common sense steps to support the delivery workers who work hard every day for New York’s restaurants and residents. Ensuring they receive a living wage and have access to restrooms isn’t just a good idea — it’s the right thing to do,” said Grant Klinzman, a Grubhub spokesperson.

City Council Speaker Corey Johnson (D-Manhattan) expressed confidence Thursday that the new working conditions bills would hold up in court.

“We’re on solid legal ground.

We don’t think there is any deficiency in what we’re passing today.” Johnson said. “It wouldn’t surprise me if some of the large — you know, at this point, probably multi-billion-dollar corporations that are making a lot of money in New York City, try to stop this.”

Representatives for Uber Eats and DoorDash did not immediately respond to inquiries on whether the compa-

nies plan to file any legal challenges. As trading closed Thursday afternoon, DoorDash’s stock dropped from $220.04 a share to $217.66.

Meanwhile, Uber shares closed at $45.48, a nearly 1.4% increase from its opening price.

Relay, a smaller New York City-based food delivery company that works with restaurants, said in a statement that the company “is supportive of the new legislation and we celebrate this victory with delivery workers everywhere.”

The various bills have the backing of de Blasio, who has not set a date for signing them into law, a City Hall spokesperson said.

‘A Seat at the Table’ The City Council vote comes nearly a year after THE CITY first reported workers were beginning to unite over the perilous and exploitative nature of app-based delivery work — including lack of bathroom access, alleged wage theft, insufficient pay, and reports of muggings and robberies.This month, Grubhub, Uber and DoorDash sued the city over an extension of fee caps on restaurants the Council approved in August. San Francisco-based DoorDash sued the city last week over a new law that requires delivery companies to share more customer data with restaurants.

The improvements delivery workers notched Thursday build on the modest gains gig workers have won elsewhere in the country.

In March, Philadelphia extended paid sick leave to low-

wage workers, including gig workers. Seattle established an emergency minimum wage standard for delivery workers during the COVID-19 pandemic and is looking to make it permanent.

The pay requirements introduced in New York by Councilmember Brad Lander (DBrooklyn) are similar to those already in place to for-hire vehicle drivers, such as those who work for Uber and Lyft.

Though a major victory for the Deliveristas, the minimum pay standards pale in comparison to the rights the workers would have if they were considered full employees as opposed to contractors. But they’re a good start, said Andrew Wolf, a lecturer at the CUNY School of Labor and Urban Studies.

“It’s new and innovative,” for the industry, Wolf said, “and it’s important that governments do this, but it’s not like we’re creating new benefits for workers. Which is important, because we shouldn’t let companies decide who and who isn’t covered by the law.”

The City Council’s bills also reignited discussions over how to classify people who do work for app-based tech companies, but are not considered employees. Instead, workers in the gig economy are designated independent contractors, which typically allows people to set their own wages and hours, something that’s not the case for app-based delivery workers.

“This opens the doors of possibilities for workers,” Ligia Guallpa, executive director of the Workers Justice Project,

Hochul Eyes Worker Help Gov. Kathy Hochul said her administration was “absolutely looking” at reclassifying app-based workers, something that has failed to gain steam in New York.

“God bless our delivery workers, too. My gosh. How did we rely on them so much last year? It was incredible what they did. So yes, we’re taking a close look at that,” Hochul said during a news conference in Manhattan.

In January 2020, then-Gov. Andrew Cuomo pitched a nine-member panel that would be charged with coming up with regulations for the budding gig economy. But plans were abandoned as the pandemic hit and attention directed to fighting COVID-19.

Nascent discussions over a state proposal that would allow gig workers to unionize but fell short of classifying them as employees collapsed in May over restrictions that would have barred workers from striking or demonstrating against an employer.

Voters in California approved a 2020 ballot proposition that allowed gig workers to be reclassified as independent contractors, but a trial court last month dealt a blow to tech moguls, ruling that the proposition was unconstitutional.

“Being the first to do it, as one of the most powerful cities of the world and where most of these apps are concentrated, it sends a strong message to the rest of the country that it is possible to regulate this industry, that it is possible to provide rights and protections to app-based delivery workers,” Guallpa said.

“This is what power looks like when workers decide to unite and organize.”p This story was published by on September 23, 2021 by THE CITY.

www.workersworldtoday.com

September 2021

26

Home Ownership

How to Clean Your Home After a Flood

BY CONSUMER REPORTS

I

f your house has flooded, once your local police or fire department says you can return, you’re in a race against mold growth to clear out debris from your home. If you have flood insurance, the very first thing to do is file a claim—you have only 60 days to send in a proof of loss form documenting the contents of your home.

Though you may want to rush back to your home and start the cleanup process, take care because there can be unseen hazards.

“A home or area that has been flooded should first be determined to be safe, with no structural, electrical, or other hazards,” says Enesta Jones, a spokesperson for the Environmental Protection Agency.

Strong winds and flood waters can down power lines.

And rushing water can erode the ground around buried utilities, potentially causing breaks in gas mains. So be sure

to check for the smell of gas outside your home, as well as any dangling electrical wires, and call the gas or electric company, or the police or fire department if you find evidence of either.

If you see any structural damage to the outside of the house, such as cracks or shifting of the foundation, or a tree on your house, bring in a building inspector or structural engineer, the Federal Emergency Management Agency advises.

You’ll want to check for gas leaks and structural damage inside the home, too, says Don Huber, Consumer Reports’ director of product safety. If you smell gas once you’re inside, immediately turn off the main gas valve, open up all the windows, go outside, and call 911 and your gas company.

If you get to the point where you realize you’re in over your head, do yourself a favor and hire some professional help. You can find a pro through a number of organizations that the EPA recommends: the Institute of Inspection Cleaning and Restoration Certification (IICRC), the National Environmental Health Association, the American Council for Accredited Certification, and the American Industrial Hygiene Association.

Then, once you’re reasonably sure that your house is structurally sound and safe to enter, here are the steps to take to clean out your home.

1. Wear Protection When your home has been flooded, there’s more than just water to worry about. Flood waters ferry all the gross stuff at the bottom of storm drains, ditches, and sewer lines. When they recede, they could very well leave mud and toxic substances behind in your home.

According to the EPA, coming into contact with sewage or mold can cause allergic reactions and other problems. “You have to assume that mold is growing after a flood,” says Kellogg Schwab, Ph.D., the Abel Wolman Professor in Water and Public Health at Johns Hopkins University in Baltimore. “Mold can cause respiratory distress and can exacerbate asthma.”

To protect yourself, wear clothing that covers your arms and legs. To shield your hands and face—and to avoid breathing in mold spores and toxic fumes—the EPA recommends wearing an N95 respirator, goggles tight enough to keep dust and small particles out of your eyes, and long, tight-fitting gloves made of rubber or neoprene.

Keep anyone with a weak or compromised immune system out of the house because mold, cleaning chemicals, and sewage in storm runoff can make them even more sick.

2. Dry Out Your Home as Quickly as Possible “Mold starts growing in damp places within 24 hours, and within two days, you can have visible colonies if it’s warm,” says Joan W. Bennett, Ph.D., a fungal geneticist and professor of plant biology and pathology at Rutgers University in New Brunswick, N.J. The first step for getting rid of mold is to air out your house.

•If you have power, turn on your air conditioner, a dehumidifier, and/or every fan you own. Keep your windows closed if you have a dehumidifier and an air conditioner to help the air circulate inside and get rid of excess mois-

ture. Keep your windows open if you have only fans and face the exhaust toward an open window.

•If you don’t have power but you own a portable generator, use it so that you can follow the strategy above. Just remember that generators emit deadly carbon monoxide; to avert carbon monoxide poisoning, never run a generator indoors. And “make sure to place the generator at least 20 feet from your home, with the exhaust facing away from your house,” advises John Galeotafiore, associate director of product testing at Consumer Reports. If your generator isn’t connected to a transfer switch in your home, use a heavygauge extension cord (around 12-gauge), to keep the generator at a safe distance from your house.

•No power at all? If weather permits, open all your windows and doors to create airflow.

3. Monitor the Moisture While you’re airing out your home, use a humidity meter, around $15 at hardware stores, to keep tabs on the moisture level. Aim for between 30 and 50 percent humidity to inhibit mold growth, the EPA advises.

Floors, walls, and furniture may be dry to the touch and still harbor mold and bacterial growth. A moisture meter, $50 at hardware stores, is another good tool to have, so you can detect dampness you can’t see.

4. Remove Debris Before you get rid of contaminated debris, be sure to put on your respirator and other protective gear.

Jeff Bishop, former director on the board of the IICRC, recommends using shovels or rakes to remove wet silt and debris from your home, and depositing it a safe distance away from your house. Just make sure to thoroughly clean and sanitize your clothes and shoes and clean the tools with bleach after you use them.

If you have flood insurance, call your insurance company about the documentation you need to back up your claim.

You may need to save pieces of carpet, flooring, and walls, and take photos of the extent of the damage. The Insurance Information Institute says some insurers may want to view your property remotely via video continued on page 27

www.workersworldtoday.com

September 2021

27

Home Ownership After a Flood / continued from page 26

new insulation and drywall until everything is completely dry.

chat or even use drone footage to assess damage to your entire neighborhood.

If any household items, such as pieces of furniture or carpeting, have been damaged and you can’t clean and dry them within 24 to 48 hours of your house being flooded, discard them, the Centers for Disease Control and Prevention recommends. Chances are these items already harbor mold and can’t be saved. If there’s any item of value that has to be discarded, take a photo of it for your insurance claim.

Ask your town’s sanitation department about how to dispose of household items from your cleanup.

6. Remove Flooring Even if they appear dry, ceramic tile, sheet vinyl, laminate, and solid wood floors should be removed because moisture and silt collects underneath them—and cause bacteria or mold to grow.

Once you discard these, ensure that everything is clean and dry before installing new flooring. Maintain your home’s humidity at 30 to 50 percent, and use a moisture meter to check that subflooring is at or below 16 percent moisture content before installing new flooring (for wood floors, manufacturers advise that the subfloor’s moisture content should be 13 percent or less). Be patient—it might take a few weeks for your flooring to return to a reasonable moisture content, Bishop says.

5. Remove Damaged Drywall If the drywall in your home has more than 10 square feet total of water damage, the EPA recommends hiring a contractor with experience handling water damage to remove it. Any area smaller than that, however, you can deal with yourself. You’ll want to cut the drywall 15 to 24 inches above the visible water line.

“Take a utility knife, score the drywall, then punch it in,” Bishop says. Check with your local sanitation department to see whether you need to take the drywall to a dump yourself, or if you can just pile it up on your curb for trash pickup.

Then, if the insulation behind the drywall is damp, you’ll need to remove that, too. Nonporous materials, such as metal and glass, can simply be cleaned thoroughly with water and detergent and sanitized with a bleach and water solution. The CDC recommends 1 cup of bleach to 1 gallon of water to remove mold on hard surfaces.

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7. Check Appliances and Countertops Thoroughly Whatever you do, don’t plug in or otherwise provide power to your appliances right away, because their components could be corroded or damaged by flood waters.

If an appliance, such as your washer or stove, has been submerged in flood water, Consumer Reports recommends discarding it to be safe.

If you think an appliance can be saved, make sure to hire a professional repair person to inspect it before putting it back into service.

“Mold doesn’t do a great job of growing on metals or ceramics,” says Bennett, the professor of Plant Biology and Pathology at Rutgers University. However, you still want to wipe down everything with bleach to sanitize and kill any possible mold.

If there’s no visible mold, the CDC recommends using a solution of 1 cup of bleach to 5 gallons of water for cleaning most nonporous surfaces, such as the metal on appliances. If you see mold growth, use 1 cup of bleach to 1 gallon of water. Be sure to rinse or wipe items and allow them to completely air-dry before you use them.

8. Vet the People You Hire Bishop, the former director on the board of the IICRC, emphasizes that there are a lot of scams involving restoring flood-damaged homes after disasters, so be sure that the restoration firm you hire is certified for mold and water damage remediation. (See the list of organizations recommended by the EPA, above.) Check your local government’s website to see whether there’s a department that handles flood assistancep

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September 2021

28

Love, Health & Travel

Why Your Loved One Stays In a Toxic Relationship and How You Can Help Them

BY MARY CAMPBELL

Y

our friend or family member is struggling with an abusive relationship. Things have been so bad on several occasions that you have been convinced they would leave their partner. But this does not happen. What's the problem?

An abusive, toxic relationship is one in which one party controls or subdues the other.

They do this through manipulation, humiliation, physical violence or its threat, guilt, and shame, among other mechanisms. The abuse can be emotional or physical.

Looking from the outside, you may wonder why your loved one does not leave the relationship. To an outsider, leaving a toxic relationship should be easy. Not quite.

Every situation is different, and no approach suits all relationships. But one thing is clear

- leaving a toxic relationship is not easy. Below are reasons that may hold back a victim.

Practical considerations: Does the person have a place to live? What if there are children? Will the abused take the children or leave them with the abuser? Financial considerations may also make it difficult to leave. If the abused is not financially independent, they may not be able to pay for accommodation. Is the person dependent on their abuser for immigration benefits (Green Card)?

Psychological reasons: According to experts, psychological abuse does not happen overnight. It starts with an innocent-sounding criticism, a harmless (you think) insult here, an off-hand comment there. Over time, the insults become habitual. However, the disparaging comments are

peppered with episodes of affection, making the abused believe the loving side is the abuser's real self.

As a result, your friend stays in the relationship because they are trying to win back the abuser's affection. And the abuser most likely blames the abused for the situation. "If you were not so annoying, things would be okay between us," the abuser says. "If only I did not make him angry, then he wouldn't hit me," the abused thinks to herself.

Other reasons: Threats The abuser may threaten to harm the abused, children, friends, and other family members of the abused if the victim leaves.

Isolation Abusers mostly isolate their victims from family and friends, making the abused feel lonely and unsure of the love of others. The abused may opt to stay with the abuser rather than risk being alone.

So, what can you do to support your loved one?

• Give a listening ear Offer a sounding board to your loved one. Listen without judging and without apportioning blame. Your loved one has to decide to leave the toxic relationship—no one else. Encourage the abused to seek professional help but let them know you are there for them.

• Share your story If you have been and successfully left an abusive relationship, share your experience with your friend. Make it clear that you're not judging them but are ready to stand by them when they are prepared to leave the abuser • Reaffirm your friend Let your friend know that you believe in them. In as many ways as you can, let them know that they are strong and can survive on their own. To a person on the outside, ending continued on page 29

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29

Love, Health & Travel Toxic Relationship continued from page 28

Immigrants and Domestic Violence

BY WWT STAFF WRITER

I

mmigrants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance.

Such fear causes many immigrants to remain in abusive relationships.

Immigrants in the US. have the right to live a life free of abuse. Due to the victim’s immigration status, abusive partners have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help.

The Violence Against

Women Act (VAWA) is a landmark piece of legislation seeking to improve criminal legal, and community-based responses to domestic violence, dating violence, sexual assault, and stalking in the United States. This federal law provides numerous forms of protection for noncitizen women—and men—who are the victims of domestic violence or other qualifying crimes. There are three forms of protection: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitions” under the VAWA. Any victim of domestic violence — regardless of immigration or citizenship status — can seek help. An immigrant victim of domestic violence may also be eligible for immigration-related protections. If you are experiencing domestic violence in your home, you

are not alone. A specialized immigration attorney should always be your first point of contact regarding immigration questions and concerns.

You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm-11pm, and Sundays, 11pm to 12am. The program provides excellent information and also an opportunity for a FREE, no-obligation legal consultation. The number to call is 855-768- 8845. You can also visit www.askthelawyer.us Domestic violence is against the law regardless of one’s immigration status. Be a loving family member, good friend, and caring neighbor: please share this information.p

a toxic relationship may look as easy as walking out. However, it's really complicated for the person on the inside. It takes meticulous planning.

The person leaving a toxic relationship needs a safety net.

She needs a plan. This is where you come in - to give substance to these plans. Encourage your loved one to seek professional help.

• Don't give ultimatums Don't give your friend an ultimatum. Don't tell them, "You must leave by next month."

Just be there for them and let them know that you will help them when they are ready to leave.

• Don't shame Don't shame your friend in front of their abusive partner.

Remember, you can't force your relative to leave the abusive relationship. You can only offer support when they are ready to go.

• Take care of your emotional health Even as you care for your friend, don't neglect your emotional health. Care for yourself,

as you can only care for others when you look after yourself.

Set yourself boundaries as you offer emotional support to protect yourself.

• Stay safe Both you and your loved one should stay safe. If the abuser is violent, make sure you don't endanger your loved one or your life. If your loved one feels unsafe in the house with the abuser, help them move to a safe place. Please encourage them to seek legal advice and counseling services.

Bottom line You can't make your loved one leave a toxic relationship.

However, you can love and support them. Be firm with them when they are indecisive and be there when they finally decide to walk away from the destructive relationship.p

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September 2021

30

Love, Health & Travel

Balancing Work and Parent Duties at Home

BY CHRIS TOBIAS

T

he benefits of a workfrom-home environment can be valuable for your family life. If you are a parent, then this is especially the case for maintaining the relationship with your children. However, not all workfrom-home scenarios are picture perfect as they sound, as it can be tricky to juggle the relationship between work and family life. How do you make things work and enjoy a productive home-based professional life as a parent? Here are several tips you can integrate into your work-fromhome routine.

Find Additional Sources of Help Sometimes, the obvious thing would be to find sources of assistance to help you care for your children. If you have available relatives or close friends who are open to assisting with babysitting duties, then create an arrangement with them. The benefits to your home-work life balance

will be profound, and in addition you can further grow the relationship with your family as a whole.

Home day care services, mom groups, and parent clubs also exist to help you with childcare duties. While you may not always be around your kid 24 hours of the day, these services can help fill in.

In addition, you can recover and rejuvenate energy for when you do have time to spend with them.

Emphasize Your Home Schedule Even with the work coming home, you can still prioritize a schedule that still works effectively to perform your parenting duties. Look at the objectives you have in front of you and pick some of the most important ones. By doing this, you can focus your efforts on the most important items on your list, while saving enough energy for your parental responsibilities. This is because you are not wasting energy and resources on unnecessary tasks while feeling strained

having to meet deadlines.

For the type of tasks to focus on, think about the ones that can lead to significant progress towards a project or objective. If you are working on a marketing plan, then focus on the core idea of the plan so that you can then have a firm blueprint on what your team can work on the next day when the office opens. In other cases, you can complete the negotiations on a marketing project or get an approved

budget from your team. If you can only do one thing in a day, then make sure it is an important initiative that addresses many other little action items associated with the project. By doing this, you can continue to be productive while saving time to be a parent.

Have Realistic Expectations for Your Approach It is important to not be caught up in the need to complete everything. Family life and

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Once you recognize this, you can make decisions such as outsourcing some work to take less important tasks off your plate. In addition, you can make a commitment to pause work when your child is with you, or if your partner isn't around to help with parenting duties at certain times.

Consider More Automation There are a number of surprising tasks that can be completed more efficiently with some automation technology. Once you establish a script, you can let the system take care of the rest and help you get mundane tasks done. The time saved from doing these tasks can save you a lot of hours per week. The amount of time saved can be used to balance out work with your family time. Tasks such as bookkeeping, email scheduling, and daily reporting are among the types of tasks you can leave to automation tools.

Parenthood does not mean you have to forgo work while you're at home. There may be a period of time in which you will have to adjust to your dual responsibilities and come to a reasonable system that helps you fulfill both roles. However, the rewards of a healthy work-life balance at home can be worth it for your family. In addition to improved productivity, your experiences as a parent can be more valuable. If you are transitioning into a home-based work environment as a parent, then consider these tips to help you optimize your work and family life balance.p

www.workersworldtoday.com

September 2021

31

Love, Health & Travel

NYC Test & Trace Corps Engages Over One Million Close Contacts Through Contact Tracing Program

N

EW YORK, NY: The NYC Test & Trace Corps announced that its Trace program has engaged over one million close contacts of cases of COVID-19. The regular communication between the City’s contact tracers with people who’ve contracted or been exposed to COVID-19 has ensured New Yorkers effectively isolate and quarantine to stop the spread and are referred to the resources they need to safely isolate and recover, including hotel stays, food deliveries, cash assistance, testing and vaccinations.

“The one million contacts we’ve engaged are one million critical opportunities our contact tracers have acted upon to connect New Yorkers exposed to COVID-19 with the vital information and resources to safely quarantine, recover and prevent further infection in

their homes and communities,” said NYC Test & Trace Corps Executive Director Dr. Ted Long. “Every contact we’ve reached has helped us better understand what we can do to help the next, expanding our Take Care program’s essential services and directing our testing and vaccine resources where they’re needed most. I want to salute our contact tracers, who have worked around the clock for months on end to reach out and support their neighbors. Without them, this unparalleled, community-driven epidemiological effort would never have been possible.”

Contact tracers’ efforts to identify and reach out to close contacts, or those exposed to COVID-19, begin immediately after someone tests positive.

Time is of the essence, as the sooner people infected with

COVID-19 provide contact information for family, friends and co-workers they’ve spent time in close proximity with, the sooner contact tracers can notify these contacts that they have been exposed. These conversations ensure that people who’ve been exposed to COVID-19 receive the resources they need to quickly quarantine and break chains of transmission.

Since the program’s launch,

Test & Trace’s contact tracers have been able to reach 88 percent of the over 900,000 city residents who are cases of COVID-19. These New Yorkers, in turn, have identified one million others whom they may have exposed to the virus.

Trace’s massive outreach effort has provided nearly a quarter of New York City residents with much-needed information and resources throughout the pandemic. The program has helped people with COVID-19 isolate so they could recover and keep their loved ones and communities safe, and enabled those exposed to safely and comfortably quarantine to prevent further infection.

“This incredible milestone further illustrates the powerful role that our City’s tracing program has played in helping to draw back the horrific impacts

of this pandemic,” said NYC Health + Hospitals President and CEO Mitchell Katz, MD. “We thank all of our partners — from our sister agencies, the experts who contributed to our model, the community-based organizations that support our outreach, our workforce, and more — that have made the success of our tracing program what it’s been.”

“The partnership between the NYC Test & Trace Corps and the Health Department has enabled us to reduce the spread of COVID-19 in our communities, connect New Yorkers to services, and save lives,” said New York City Health Commissioner Dr. Dave A. Chokshi. “I congratulate the contact tracers on this milestone and am grateful for the tireless work they have done in our COVID-19 response.”p

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September 2021

32

Love, Health & Travel

How to Love the Middle Seat

BY ROSALIND STEFANAC WEBMD HEALTH NEWS

T

The middle seat on an airplane has gotten a bad rap. It may not be as alluring as the window seat, which offers a bird’s eye view of the world below, nor does it provide the freedom of the aisle seat, where frequent trips to the lavatory are permitted.

But with the right kind of attitude and a certain amount of preparedness, the middle seat can still provide a pleasant flying experience. Don't believe us? Here's how you too can fall in love with the middle seat.

Know the Rules From refraining to recline your seat inflight to deplaning in an orderly fashion, air travel has an inordinate amount of etiquette rules. Regardless of whether you agree with these unspoken mandates, there is one stipulation about middle seats that could work in your favor. Each airplane seat is permitted one distinguished perk — the aisle has the most breathing space, the window seat has a built-in headrest, and the middle seat is allowed

should always be in effect.

Treat others as you would like to be treated yourself. Respect your neighbor’s personal space and it’s likely they will respect yours. After all, you’re in this together.

both armrests. So, next time you find yourself stuck in the middle, take full advantage of those armrests — you deserve it.

Chat Up Your Neighbor When you’re stuck in a middle seat, there’s a chance that the person sitting next to you is interesting. So why not chat with them? You might meet someone fascinating or learn something new. If the exchange goes well, you could even make a new travel buddy along the way. Even better, the middle seat is the perfect place for professional networking — you never know where a new connection might be. Either way, a little friendly conversation can go a long way and the middle seat is the perfect place to start.

Bring Entertainment Bringing your own entertainment is crucial for any flight, but especially when you're in the middle seat. If the middle seat makes you feel cramped or awkward, distraction is key.

Download Netflix shows on your phone, dive into a new podcast, or bring a good book.

Most important of all, make sure you come prepared.

Charge your phone or pack an extra battery pack. If you’re a speedy reader, bring more than one book. With a little diversion, time will fly by — even in the middle seat.

Invest in Comfort Most people avoid the middle seat because the lack of personal space makes it uncomfortable. However, once you invest in your travel comfort, the middle seat will become more appealing. Many of us already travel with the requisite neck pillow and eye mask, but you shouldn’t stop there.

A travel blanket will keep you warm and cozy, even if you’re sandwiched between two peo-

ple. A hammock footrest allows you to extend and elevate your legs in any seat and a frontal travel pillow allows you to sleep comfortably on your tray table during the flight.

Stop Stressing In general, the middle seat seems to provoke stress in travelers. Whether you’re feeling overwhelmed by the tight quarters or worried about bothering your neighbors, cut yourself some slack. It’s okay to get up to use the lavatory more than once — especially on a long flight. If you need to access something in the overhead compartment, you are certainly allowed to do so. Of course, the Golden Rule

Focus on the Future If you fly economy, you need to accept that the middle seat is a fact of life. Whether you’re booking basic economy, traveling with a partner or friend, or using an airline without assigned seating, a middle seat could be in your near future.

So why not embrace it? Any plane ride — no matter how long — is only for a finite amount of time and anything that is temporary is manageable. Instead of focusing on the middle seat, focus on where you’re headed. Hopefully, it’s somewhere exciting, adventurous, or beautiful — and that should make your undesirable seat location totally worth it.p Jersey Griggs is a Writer for The Discoverer. He is also an editor based out of Portland, Maine.

When not writing or traveling, she’s likely doing something outside with her husband and pup.

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September 2021

33

Love, Health & Travel

Working the Night Shift Linked to Heart Problems, Study Finds

BY ROSALIND STEFANAC WEBMD HEALTH NEWS

N

ight Shift work not only disrupts your sleep schedule, but it could also increase your risk of having an irregular heart rhythm called atrial fibrillation (AFib), as well as coronary heart disease, according to new research.

In a large study of 283,657 employed people in the United Kingdom without AFib or heart disease when the study began, researchers found that commonly working night shifts was associated with an increased AFib risk of 12%, compared to daytime workers. The risk increased to 18% for people working night shifts for 10 or more years, and 22% if they were averaging three to eight night shifts a month.

The results also showed that working the night shift for 10 or more years was associated

with an increased risk of coronary heart disease of 37%, compared to daytime workers.

What’s more, the study showed that lifetime night shift workers who reported doing 150 minutes per week of moderate physical activity or 75 minutes or more of vigorous activity, or a combination of both, had a lower risk of

AFib than people who were less active. These findings furthered evidence that exercise is good for heart health.

This study was published in the European Heart Journal and is the first to examine the correlation between night shifts and AFib, an abnormal heart rhythm that can make strokes more likely. Given the results, investigators hope the study

will influence future guidelines around the frequency and duration of night shift work.

“More observational studies in various populations are needed,” said Lu Qi, MD, of the Tulane University School of Public Health and Tropical Medicine in New Orleans, one of the study’s lead authors. “In addition, clinical trials could be designed to test whether modifications of shift work may change health status.”

“Long-term regular night shift work is not a healthy lifestyle … humans are not programmed to do this regularly and for long term,” said Rakesh Gopinathannair, MD, Cardiac Electrophysiology Laboratories director at the Kansas City Heart Rhythm Institute. “This study shows that progressive increase in the burden of night shift work is associated with higher incidence of AF and cardiovascular risk.”p

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Conversations

The Lingering Effects of 9/11 On Immigrants

BY LINDA NWOKE SPECIAL TO WWT

T

he month of September remains a significant month in the history of the United States since that fateful event of 9/11. A day that informed the design and implementation of several immigration policies to forestall possible threats of terrorism with a resultant impact by immigrants.

With a laser focus on detecting and preventing terrorist activities, these policies have left a lasting legacy and remain a nightmare, especially for foreign immigrants from the Middle East. To date, most claim they have remained traumatized by some of the treatments and experiences they had.

In a webinar organized by Documented and Intercept held among professionals and experts, and facilitated by Azmat Khan, the award-winning investigative journal and assistant professor at Columbia Journalism School, they explored the extent of the changes to the United States immigration system and security due to 9/11, as well as its effect among immigrants especially in New York and some parts of New Jersey.

Post-Attack Immigration Changes and Consequences Arguably, some of the notable changes enforced in response to the attack included creating specific departments and institutions such as The Department of Homeland Security and the Immigration and Customs Enforcement service.

Their activities became more pronounced, as evidenced by the increased raids, arrests, and detention of many immigrants.

In New York City, Queens and Brooklyn became a danger zone for immigrants, espe-

cially from the Middle East, male and who were Muslim.

Many people were tortured while in detention at various jails and prisons after an arrest. Mohammed Razvi, the Council of Peoples Organization (COPO) leader, one of the experts on the panel, explained that post 9/11, people began to live in fear. The 'Little Pakistan' community in NYC became a ghost town, and many people left because members of the community felt they became targets.

"Community members mother, daughter, sisters were worried that their husbands and sons were picked up … the sad part was that no information or communication was given." He said. He explained the fear was unbelievable, and no one felt safe, including those who lived in the U.S. all their lives. Everyone felt they were a target.

The Federal government's policy that required the registration of over 85,000 Muslims, including Pakistanis, caused an exodus from the city,"…as much as 20,000 people fled …people traveled from Brooklyn to Ontario, Canada."

Another significant fallout was the lack of justice for those who experienced discrimination, most of whom didn't seek help, confirmed by Naz Ahmad, an attorney with the Creating Law Enforcement

Accountability & Responsibility project. She explained that there are programs that inappropriately affect immigrants, denying them their benefit, especially if they are on the government's watch list. Such programs place unsuspecting people on specific markers; thus, when they seek any help, their applications are denied or placed under the category of 'not eligible to benefit,' and only a background check will reveal if they are eligible.

As attorneys, they can start an appeal, which though filed, does not guarantee approval.

"We are sometimes forced to take a particular track …being able to appeal these things depends on what benefits are being applied for the person ", she explained.

Unfortunately, most immigrants are unable to find out if they are on the watchlist. "…

Nobody is ever going to tell you if you are on a watchlist if you are not a U.S. citizen or a Green Card holder." However, since the attack, a leak that occurred some years ago revealed the 'no-fly list/terrorist watchlist' says Murtaza Hussain, a national security and foreign policy intercept reporter.

He also shared that investigative reports show that people are coerced to work against community members in exchange for their rights.

"Rights were denied to people,

and to get it back, you have to work for them – you become a tool in the hands of FBI, and you have to do what they tell you." That situation resulted in feelings of betrayal, loss of trust, and friendship.

In a familiar case Asad Dandia, the co-founder of Muslims Giving Back, found himself. Sharing some of the ways he felt when he realized that he had been betrayed by someone close to him, who was working as an informant to a federal agency, acting as a spy - informing them of the group's activities." The SWAT abducted a friend of mine, and they asked him to spy on us…he refused at first, and they made things difficult for him. He decided to do it for some time but changed his mind. He has now left for the U.K." He explained that the FBI chose people to infiltrate the organization. "They get people to spy on your organization or get 15 years' incarceration…they use such methods to shut down communities." He also recalled feeling guilty, especially in another case where a close acquaintance turned spy had been introduced to many people within his close network, which led to them becoming targets by association.

Emotions that Murtaza Hussain revealed he observed with members of the community that he supports, the actions have a very harmful and toxic social effect. "People became afraid to remain friends because they (FBI) pressured people to become an informant, "adding that it increased hate crimes. "At that time, I changed my name from Muhammed Razvi and started going as 'Mo' because I was afraid."

Immigrants caught in the web of acting as spies within their community or an organization that works with se-

lected communities feel trapped and compelled due to their circumstances being used against them, often linked to their citizenship and immigration status. Thus, they exploit their vulnerabilities and use it against them, especially among those with peculiar circumstances. According to Naz Ahmad, some of the clients she has represented disclose that they felt manipulated and isolated because of their role."…

It is not just that you are depriving them of benefits. You make them feel alone and isolated, using someone's immigration status and sometimes their children to get them to cooperate."

What Next?

No doubt, 9/11 will remain a memorable day and event in American history and for generations to come, and the American government remains committed to doing all it can to protect the lives and properties on its territory.

However, in doing so, it is important they remember that there are American people in spirit even if they do not look, sound, or act so based on circumstances beyond their control. Such people should not pay the price for those that are anti-American but share similar characteristics with them.

While perpetrators must be deterred and held accountable for wrongs, innocent persons should be protected and humanly treated.

To this end, the press and legal practitioners remain essential in calling out inhumane behaviors and publicizing them to deter dehumanizing behaviors in the name of enforcing the law. "Have the press talk about the issue to increase the pressure by calling out every negative behavior," Muhammed added.p

The lawyer you hire, does make a difference!