Workers' World Today - Issue 31

INSIDE

April 2022 Filing Deadline for Asylum Applications ...15

Brian Benjamin Resigned but is Still on the Ballot. Who Else is Running for LT Governor? ...10

Money Saving Tips for First-time Homebuyers ...11

Issue #31

NY Private Employers Must Notify Their Employees of Electronic Monitoring

BY LINDA NWOKE

C

ome springtime, precisely, from May 7, 2022, employers must display more transparency in their organization's policy over monitoring their employee's communication. According to the amended New York Civil Rights Law, effective by the date, all private employers with places of business in New York state must provide prior notice concerning the monitoring of employee telephone, email, or internet usage. New York Governor Kathy Hochul

signed the Law on November 8, 2021.

Before the amendment, employers provided general notice to their employers on electronic monitoring through the employee handbook or as a standalone policy. However, New York now requires more transparency about workplace monitoring as the law takes effect.

Is the Law Peculiar to New York?

At the beginning of the 2000s, Delaware and Connecticut enacted similar laws before New York joined the duo through recent legislation.

In Delaware's Law, employers are required to provide electronic notice of monitoring to employees at least once during each day the employee accesses the employer-provided e-mail or internet. Or provide employees a one-time notice of electronic monitoring, and any violation attracts a $100

Mayor Adams, DCWP Announce New Protections for Food Delivery Workers

continued on page 5

Hot Topics and News You Should Know About DCWP Commissioner Vilda Vera Mayuga Editorial credit: PP/IQInc

continued on page 4

Better Mass Transit System: Safer, Faster, and More Affordable ...22

Lander: DOE Slow to Spend Federal COVID Stimulus Funds ...13

Should You Consult a Wrongful Death Attorney? ...24

Labor-Related News - Nationally & Locally

How to Cope and Heal from Your Partner’s Sexual Addiction ....17

Sen Kaplan: Resolution for "Crime Victims' Rights Week" ...6

Workers' Compensation Benefits for Coronavirus

I

Older Workers Didn’t Jump, They Were Pushed ...7

32BJ SEIU Building Service Essential Workers Rally ...12

Mental Health in the Construction Industry ...21

f you've contracted the coronavirus (COVID-19) at work, you might be eligible for workers' compensation benefits. Your chances of success will likely depend on the type of work you do. ASK THE LAWYER. Call 855-768-8845 for a consultation. p

Brian Figeroux, Esq.

www.workersworldtoday.com

April 2022

Unions did in fact build the middle class. And here's what that did.

That built the United States as we know it.

—President Joe Biden This Day In Labor History - April 28

Contents In Solidarity: A Culture of Callousness Seems ‘Unbreakable’.................................................................3 Workers’ Rights Mayor Adams, DCWP Announce New Protections for Food Delivery Workers .................4 Civil Rights Senator Kaplan Passes Resolution Proclaiming April 24-30 as "Crime Victims' Rights Week" ...............................................................6

Congress creates OSHA, the Occupational Safety and Health Administration. The AFL-CIO sets April 28 as “Workers Memorial Day” to honor all workers killed or injured on the job every year - 1971

Workers’ Matters Pandemic Retirements: Older Workers Didn’t Jump. They Were Pushed. .............................7 Be Equity Smart 5 Money-saving Tips for First-time Homebuyers .................................................................11

Former LT Governor Brian Benjamin Editorial credit: Ron Adar / Shutterstock.com

NYC Politics .... 10 Brian Benjamin Resigned but is Still on the Ballot.

Who Else is Running for Lieutenant Governor?

Personal Injury Guide: What You Need to Know - 23

Old & New Immigrants: Their Rights Addressing a One-Year Filing Deadline for Asylum Applications...................................................15 Secretary Mayorkas Designates Cameroon for TPS for 18 Months................................................16

COLUMNS Family: The True Modern Relationship .... 9 Kids & Learning Loss: How Do We Catch Up?

Love, Health & Travel .... 21 WMental Health and Well-being in the Construction Industry

Even the most confident person can have moments of doubt, and societal, economic, and pandemic-related issues compound these challenges.

Love, Health & Travel .... 19 Why We Can’t ‘Boost’ Our Way Out of the COVID-19 Pandemic for the Long Term The next phase of vaccine development will need to focus on how to trigger a long-lived antibody response that would last for at least a year, making it likely that COVID-19 vaccines will become an annual shot.

Photo courtesy NYC Central Labor Council

In the News .... 14 Housing Works Union Members Demand Fair Contract at Housing Works’ Annual Design on a Dime Event

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April 2022

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In Solidarity

A Culture of Callousness Seems ‘Unbreakable’

BY WILLIAM M. EVANS

A Supports Workers’ World Today

R

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

recent report from a court-appointed Federal monitor cited an increase in violence, abuse, and mismanagement at Rikers Island. It spoke about the normalization of violence and a lack of transparency and urgency from those in charge.

I am here to say that young people are not the problem.

They struggle (and fight) to stay safe in Rikers’ hellscape.

I was wrongfully arrested and placed on Rikers two times in my life. Although I was acquitted of charges on each case, the nightmares of incarceration never left my soul. I also worked on Rikers Island. I trained people to be facilitators, counseled those in need, developed programs, and strengthened personalities. But I could not relieve myself of the memories of my experiences as a detainee.

In 1993, I was arrested leaving a neighborhood building from making a supermarket delivery. During those days, gang colors were highly acknowledged and serious, and I happened to have on a pair of faded navy-blue sweatpants and a St. Louis red baseball cap. When I was arrested and charged with drug possession and loitering, I was taken to Rikers and left to survive.

As a 15-year-old I had to quickly learn to look up and toughen up. All the adults around me saw me as prey. I was never a fool or blind to the reputation Rikers Island had; I just never knew that everyone was left to defend themselves – even young people like 15year-old William.

I remember being sent to the yard with a metal fence surrounding the people inside.

The only freedom was the

seagulls and sun looking upon me and others. I was approached by another young guy, and he said, “What that red be like?” and continued with “Let me hold on to that hat.” I had no idea of the meaning of his language. But I was immediately informed that my hat meant something in the gang culture. I felt so lost. I removed my hat and held it close, ready to defend what’s mine.

There is so much more I learned before the case against me was dropped/dismissed. I could never forget how cold the setting was, how cold the DOC [Department of Correction] was. I could never wrap my mind around how an adult could beat a young boy up with her hands and other grown men would join – all because he was looking back, talking on line, and walked into the officer by accident.

Even after saying he made a mistake he was beaten.

I could never forget having to feel intimidated by huge men [of the DOC special unit], looking like they're on steroids.

Whenever they came down a hallway, we all had to take our nose and place it on the wall, looking away from them. One turn of the head got you smacked, kicked, punched, slammed, choked, and thrown around.

Many of these stories you may not hear about – not as much as about the young men fighting one another. What people fail to realize is this: Who wants to be embarrassed and “clowned on” – made fun of – the rest of their time on Rikers Island all because they were jumped and beaten on by adults? And any beating left you to be clowned on.

I remember the strip searches and the way they used to

dump our food on the ground or take our clothing. Once a shakedown is initiated, all of what the family brought [on a visit] would be taken away and never replaced. Any questions or fussing would get you thrown into the box or beaten on.

As an adult, I was again placed on Rikers Island for 11 months and four days after another wrongful arrest. I was stripped, searched, disrespected, deprived of things, and refused freedom and people, access to literature and education.

On Rikers, a beating is called a “beaten,” and I watched beatens after beatens provided by DOC staff. I witnessed food being tampered with. I watched people be deprived of recreation and leisure time. I watched shower time be stripped away and phone privileges be stripped away. I watched the same tactics once used on the younger me that made many young people act out and become frustrated.

I realized it was all a game of: How can DOC rattle this box of people and let them loose on each other? This was not a place of safety or rehabilitation.

What nailed it for me was watching a civilian working at the Rikers grievance office destroy detainee grievances all “because it was baseless.” At that point I knew that no one was to be heard.

A few years later, I returned there to work as an interim supervisor for discharge planners, helping people prepare for their return to the community. I supervised a team of 18 working at nine facilities.

Credible messengers – formerly incarcerated men and women who use their lived experience to mentor young people – also work at Rikers. They

TEAM Publisher Workers’ World Today, Inc Editor-in-Chief Pearl Phillip Contributing Writers Linda Nwoke Victoria Falk Jennine Estes, MFT Travis Morales Mary Campbell Janet Howard Wayne Jordan Chris Tobias Manuel Holguin Legal Advisor Brian Figeroux, Esq. Telephone 1-866-435-3286 Email info@workersworldtoday.com Visit us at www.workersworldtoday.com

do so with officially recognized organizations, and also informally through peer networks of support, conflict resolution, and survival. I am a credible messenger and have done this.

I felt the difference and the hope for those inside because of so many credible messengers and counselors working hard to make a difference.

But DOC staff just has a culture that seems so unbreakable.

This is no environment for peace, love, fairness, or safety.

This is no place for young people, not even a place for an adult. The real solution to reducing violence among young adults in City jails is: Close Rikers and invest in communities. p William M. Evans is co-director of the Institute for Transformative Mentoring at the Center for New York City Affairs at The New School. He holds a master’s degree in non-profit management from Fordham University. This Urban Matters is adapted from his March 28th, 2022 testimony to the New York City Council Committee on Criminal Justice.

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April 2022

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Workers’ Rights

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ew York City Mayor Eric Adams and Department of Consumer and Worker Protection (DCWP) Commissioner Vilda Vera Mayuga announced on April 21, that starting April 22, delivery workers who deliver restaurant orders for thirdparty food delivery apps in New York City now have firstof-their-kind new protections to promote better working conditions in the food delivery industry. Workers will get to choose how far they’ll travel and what routes they’ll take, receive more information about deliveries before accepting them, get paid at least once a week, and be provided with a free insulated delivery bag after six deliveries. These worker protection laws are the second part of a suite of new sweeping legislation regulating online third-party food delivery apps and enforcing brand new labor standards for delivery workers. The first part of the legislation, which requires third party food deliv-

ery apps to be licensed to operate in New York City, went into effect in January 2022.

“As a blue-collar mayor, I am committed to ensuring every worker in this city has fair, equitable, and safe working conditions,” said Mayor Adams.

“Delivery workers brave difficult conditions year-round, often for meager pay, simply to do their jobs. These hardwon protections are critically important to advancing worker justice and giving the more than 65,000 delivery workers across this city the dignity they deserve.”

“Delivery workers are an integral part of New York City’s economy, and their labor deserves recognition,” said DCWP Commissioner Vilda Vera Mayuga. “With these new worker protection laws, we are taking a step towards advancing working conditions for everyone across the city and supporting our essential workers who keep this city

running. I want to remind delivery workers that they are covered by these new laws they fought so hard for, regardless of their immigration status, and that we are a resource for enforcement of those protections.”

Starting, April 22, third-party food delivery apps must: •Allow food delivery workers to set limitations on distances they will travel from restaurants and which bridges or tunnels they are unwilling to use; •Provide upfront disclosure to food delivery workers about route, pay, and gratuities; •Pay food delivery workers at least once a week; •Offer payment options to food delivery workers that are free of charge; and •Provide a free insulated delivery bag to a food delivery worker after six deliveries.

In addition to the new worker protection laws, the January regulations require certain third-party food delivery apps to: •Have a DCWP license; •Tell workers how much the customer tips for each delivery; •Tell workers their total pay and tips for the previous day; and •Have written agreements with restaurants, list the phone number of the restaurant on the app if a phone number is provided, and, in some cases, provide restaurants with customer data if available. Agreements entered on or after January 24, 2022, must contain a provision requiring the restaurant to allow bathroom access to delivery workers, with limited exceptions for health and safety reasons.

Starting January 1, 2023, apps will also be required to pay workers the new minimum pay rate that the City will set.

The rate will not include tips.

DCWP is currently conducting a study on working conditions in order to determine the new minimum rate. As part of this effort, DCWP will host a public hearing in June to hear testimonies directly from delivery workers and other stakeholders.

“April 21 is a historic day for Los Deliveristas Unidos, who

Editorial credit: Kathy images / Shutterstock.com

Mayor Adams, DCWP Announce New Protections for Food Delivery Workers

started their movement by mobilizing more than 2,000 app delivery workers to the streets of Times Square,” said Ligia Guallpa, Executive Director of Worker’s Justice Project. “Since then, NYC Deliveristas have been building a fairer future of digital work by raising standards through landmark legislation, ensuring transparency in the gig economy and designing a new infrastructure for 65,000 app delivery workers. The Worker’s Justice Project is proud to be powering the organizing of Deliverista in the era of the gig economy.”

“Los Deliveristas Unidos (LDU) continue to celebrate their historic journey to achieve Justice for all App Delivery Workers,” said Hildalyn Colon Hernández, Director of Policy & Strategic Partnerships for Los Deliveristas Unidos.

“Last year, more than 2,000 Deliveristas rode from Times Square to Foley Square to demand better wages and working protections.

Today, Deliveristas continue their history journey – as they have achieved more labor protections – from bathroom access, tip transparency, limit of the distance they travel, insulated bags - that will have a direct impact on workers’ lives, their families and the NYC community. Even with these historic achievements – the Deliveristas Journey to Justice is far from over as they continue to organize and empower other Deliveristas – these workers will be enjoying a minimum wage, more protections and unionization in 2023.”

“It is easy to heap praises on delivery workers for keeping us fed, especially through the pandemic,” said Kazi Fouzia, Director of Organizing, Desis Rising Up & Moving (DRUM).

“But it took thousands of delivery workers to get organized to get actual improvement

in their rights and working conditions. This not only demonstrated the power of workers organizing, but the policies won also set an example for the rest of the country on how to honor, respect, and protect delivery workers through the pandemic and the economic recovery.”

“As food delivery worker we are aware that we are doing high-risk work every day,” said Sergio Solano, Leader of NYC Food Delivery Movement. “The fight of all the delivery workers is more visible today, as we can report any anomalies with the apps, and now we have a little control over the distances and income, but we still have penalties when we reject an order that goes to an unacceptable distance with an unacceptable payment. Regarding daily and weekly payments, it has been improved, and we hope to receive the insulated bags that we use on a daily basis. We thank all the political leaders who helped pass these laws to improve our work, which is worth mentioning, it is a decent and honest work. We thank the Department of Consumer and Worker Protection for supporting us in spreading the information on all social channels and in the streets.”

“As New Yorkers rely more on food delivery, it’s past time that delivery workers who play such a critical role in our city's economy are afforded basic, commonsense workplace protections,” said Public Advocate Jumaane D. Williams. “I was proud to stand with workers as they fought for passage of this legislation, and I hope they’re able to celebrate today after years of organizing to make this law a reality. “p Read the full article at

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April 2022

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Workers’ Rights Electronic Monitoring/ continued from page 1 penalty fee.

Interestingly, Connecticut's Law is similar to New York's Law. It requires employers to give written notice to employees who would be subject to electronic monitoring and display the information in an open place. The law also attracts the same penalty structure as the New York law.

What is the New York Electronic Monitoring Law? The law aims to promote employers' transparency, especially towards new employees, on communications issues through electronic devices or systems. Specifically, it states that: 'Any telephone transmission or conversations, electronic transmission or mail or internet usage or access by an employee through any electronic device or system, including but not limited to the use of a computer, wire, telephone, radio or electromagnetic, photoelectronic or photo-optical systems may be monitored at all times and by any lawful means.'

What Does the Bill Mean?

It simply means that employers must obtain an acknowledgment of the written or electronic notice to employees and openly display the information of this practice in the workplace; otherwise, they face penalties for violating the law. Some employers arguably, already provide notice of monitoring as part of their cybersecurity privacy programs or, in some cases, to limit employees' claims to privacy in using the employer's email and other electronic systems.

Which Types of Businesses and Individuals Are Affected?

In contrast to other civil laws, the Electronic Monitoring law applies to any private individual or entity, irrespective of size, with a place of operation or business in New York. This includes quite a substantial number of entities.

So, what Employee-Related Electronic Activities Are Covered or Exempted?

The law applies broadly to content such as conversations, e-mails, access, usage, and transmissions on devices like telephone, electronic mail, internet, of or by an employee. It also includes electronic devices or systems such as computers,

wires, radio, photoelectronic, photo-optical, or electromagnetic systems. Although the law is broad, it does not cover specific processes that "manage the volume or type of incoming or outgoing telephone voice mail, internet usage or electronic." The law also does not include processes "that are not targeted to intercept or monitor the telephone usage the electronic mail or telephone usage of a particular individual." It also does not cover processes "performed solely for computer system protection and maintenance."

Moreover, the effect on nonresident remote workers and employees who use their devices for work under the "Bring-Your-Own-Device" (BYOD) program is unclear.

What Are Some of the Compliance Obligations?

The law requires private employers that conduct this activity to: •Provide written notice to all employees before commencement of electronic monitoring.

•Post a statement in a "visible place which is readily available for viewing" by affected employees.

•Provide the statement in writing or an electronic form.

•Ensure employees acknowledge the information in writing or electronically.

The Information Required in the Notice •Under the law, employers must notify employees that "any telephone transmission or conversations, electronic transmissions or mail, or internet access or usage by an employee by any electronic device or system" may be subject to monitoring "at any times and by any lawful means."

•This written notice must advise employees they may be monitored, including on "computer, telephone, wire, radio or electromagnetic, photoelectronic or photo-optical systems."

Evidence of Notice to Employees Affected employees subject to electronic monitoring are expected to acknowledge receipt of the notice, "either electronically or written," and the evidence saved by the employer.

When Should Employees Be Notified?

As an initial step, all private employers should consider updating their existing policies to ensure compliance with these requirements. Afterward, all

existing employees can be provided a written notice of the electronic monitoring before the May 7, 2022, mandate.

While for new hires, employers must provide their new employees with the notice "upon being hired."

Consequences of Violating the Law? The New York State Attorney General and her office have the power to impose civil penalties for violations of this law. In particular, employers found to violate the law are subject to civil penalties ranging from $500 for a first offense to $3,000 for the third offense per violation.

Next Steps for New York Employers Given the broad definition of electronic communication, most private employers will be impacted by the law. Please note that: •The employer should conduct an organizational electronic monitoring audit. To include all electronic devices, systems, and information technology practices, including compliance, security, regulatory needs, and an in-depth understanding of how employees' electronic usage may be monitored or intercepted.

•Draft a consistent notice that accurately reflects practices regarding monitoring or intercepting e-mails and other

electronic systems, including telephone calls and internet usage. Also include an acknowledgment section and provide the document to new employees during the onboarding process.

•Update existing handbook(s) and any other relevant policies for clarity •Collect acknowledgment electronically or on paper with evidence upon the commencement of employment and before any monitoring or intercepting.

•Post notice of electronic monitoring in a noticeable place either physically, online, or both, especially for employees likely affected.

What New York Employees Must Know It is advised that all employees endeavor to always maintain professionalism. Under the law, all official-related communications can be tracked, which provides employers and managers with the evidence to continuously evaluate and measure the employee's performance. p

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April 2022

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Civil Rights

Senator Kaplan Passes Resolution Proclaiming April 24-30 as "Crime Victims' Rights Week" in the State of New York

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LBANY, NY (April 26, 2021): The New York State Senate passed a resolution, J.1812, authored by Senator Anna M. Kaplan (DNorth Hills) to proclaim April 24-30, 2022 as Crime Victims' Rights Week in the State of New York, which will be observed in conjunction with the observance of National Crime Victims' Rights Week, which has been observed each April since 1981.

In remarks from the floor of the Senate, Senator Kaplan talked about the need to do more to support crime victims, survivors, and their families, including by passing her legislation, S.7537, which would establish Crime Victim & Trauma Recovery Centers across New York State.

Senator Kaplan said "Each year, 22 million Americans

will be directly impacted by a crime, and all too often, that experience leaves a life-changing impact on the physical, emotional, and financial wellbeing of survivors, their friends, family, and neighbors.

National Crime Victims’ Rights Week has been observed every April since 1981 as a way to bring awareness to the struggles of crime victims, survivors, and their families, with the goal of removing barriers to justice for all victims.

The theme of this year’s observation is “rights, access, and equity for all victims,” underscoring the importance of helping crime survivors find their justice by enforcing victims’ rights, expanding access to services, and ensuring equity and inclusion for all.

At a time when we’re seeing crime rates on the rise around

Senator Anna M. Kaplan speaks on the resolution from the floor of the New York State Senate on April 26, 2022. Photo courtesy: Sen. Kaplan’ the country and in our own communities, we CAN do more to help, and we MUST do more to help, not only by raising awareness on Crime Victims’ Rights Week, but by passing meaningful legislation that uplifts survivors and

helps victims and their families to put their lives back together and heal the wounds that the doctors cannot.

It’s why I’m proud to be the sponsor not only of this resolution, but also of legislation that would create a network of

Crime Victim and Trauma Survivor Recovery Centers across the state, to break the cycle of violence, provide equitable and inclusive communitybased services, and help victims and survivors to get true access to justice.

We owe it to every New Yorker to be there for them in their hour of need, and it’s on all of us to ensure that these services exist, and are accessible to all, no matter where they live, or their personal circumstances. Because we’re New Yorkers—and we look out for one another, no matter what."p Senator Anna Kaplan (D-North Hills) is now serving in her second term as a New York State Senator representing the 7th Senate District, including the Northwest portion of Nassau County.

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April 2022

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Workers’ Matters

Pandemic Retirements: Older Workers Didn’t Jump. They Were Pushed. proven inhospitable to older workers – particularly as employers do not hire older workers.

The public policies needed to confront this reality include:

BY BARBARA SCHUSTER SIAVASH RADPOUR AND EVA CONWAY, URBAN MATTERS

H

as the Covid-19 pandemic created a “great resignation” among older workers? Not really.

True, the size of the retired population between ages 55 and 74 has expanded sharply – by an additional 1.1 million people beyond what we think of as a normal trend line.

The Retirement Rate Rose Sharply in 2020 But our recent research shows that many older workers did not leave their jobs voluntarily – what you would normally think of as resigning. Instead, they got pushed out of the labor force after periods of unemployment rather than directly from employment.

Retirement after passage through unemployment is a departure from the common pre-pandemic retirement scenario, and may be an indicator that many of these excess retirements were involuntary.

Older workers were severely impacted by job loss in the early months of the pandemic.

In March 2020, 35 million older workers were employed. At least 3.8 million workers ages 55 to 74, or 11 percent of all workers in that age group, lost their jobs the following month.

One year after the beginning of the pandemic, the number of people who retired from a state of unemployment increased more than tenfold compared to pre-pandemic times.

The Number of Workers Who Retired Out of Unemployment Increased Drastically Out of 3.8 million older workers who had a job in March 2020 and became unemployed in April 2020, 400,000 workers were retired involuntarily one year later. The comparison to a normal year illustrates the impact of this mass unemployment: normally, 180,000 older workers would experience job loss in a given month and 30,000 of them would be retired one year later.

People who retired from a state of unemployment did not retire by choice. In fact, the number of retirees who were employed one year before – the year-to-year flow from employment to retirement – decreased slightly during the pandemic, which signals that

older workers were more likely to postpone retirement if they were able to keep their jobs during this period.

As we continue to emerge from the pandemic and the economic landscape remains volatile, it is still too soon to tell whether improved labor market conditions will bring some retirees back into the labor force.

While our data show that some older workers are returning, these flows do not make up for excess retirement; retirement-to-employment flows are still below or at pre-pandemic levels.

Relatively low wage growth for older workers, among other factors, suggests that a labor demand problem may be at the source of low rates of return to

the labor market. While wage growth for young and mid-career workers is significantly above pre-pandemic levels (from 8.3 and 3.9 percent in February 2020 to 11.4 and 4.4 percent in February 2022, respectively), wage growth for older workers has not exceeded its pre-pandemic peak of 2.6 percent.

Such low levels of wage growth suggest that the decision to remain retired may not reflect the preferences of many retirees, but rather the lack of demand for their skills and experience. Indeed, given the low rates of retirement readiness among older workers, one might expect that retirees may “un-retire.” However, many may face countervailing forces in a labor market that has

Creating a Federal Older Workers Bureau. As older workers make up an increasingly large part of the U.S. labor market, it is long past time that we form an Older Workers Bureau (OWB) to hear from older workers and their employers, investigate their needs, coordinate the vast resources of the U.S. government, and modernize age discrimination laws and worker training.

An effective OWB fulfills three functions: identify and analyze issues of concern for older workers; devise innovative policies to address these issues; and engage in outreach and education.

Enforcing Anti-Discrimination Laws. Several studies document the effectiveness of State and Federal anti-discrimination laws in combating age discrimination and increasing employment of older workers.

Yet the Age Discrimination in

Employment Act (ADEA), which protects older workers from age discrimination, was weakened by a 2009 U.S. Supreme Court decision. Congress must strengthen the ADEA and ensure that any discrimination motivated by age is illegal.

Lowering the Medicare Eligibility Age to 50 and Making Medicare “First Payer.” Setting Medicaid eligibility at 50 would ensure laid-off older workers get the care they need. Moreover, making Medicare first payer – having it cover medical expenses before private insurance – would lower firms’ costs associated with providing health insurance to older workers. This would help prevent involuntary retirements while increasing older workers’ health coverage.

Advancing Workers’ Bargaining Power. One of the most effective ways to improve older workers’ pay, conditions, and retirement options is to expand unions. Across the board, unionization substantially im-

continued on page 18

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April 2022

8

Family: The True Modern Relationship

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Think Your Child Might Have Asthma? Take These Steps

D

oes your child sometimes wheeze? Are they short of breath? If so, they may need to see a health care provider to determine if they have asthma.

Asthma affects the airways, or tubes, that carry air in and out of the lungs. In people with asthma, inhaling an irritant causes the airways to become inflamed and the airway muscles to tighten, making it harder to breathe.

Asthma is the most common long-term health condition in children, affecting about 5 million kids in the United States.

It usually starts before age 5.

Asthma impacts some groups of children more than others.

For example, boys are more likely than girls to be diagnosed with it. Black, Puerto Rican and Native American children are more likely than white children to have asthma.

Poorly controlled asthma can cause kids to miss school or even end up in the hospital.

also conduct tests to measure your child’s breathing.

Work with the doctor to develop an asthma action plan if your child is diagnosed with asthma.

This is important. The plan will help you track medicines, monitor symptoms and changes, and understand when emergency care is necessary.

The good news is that with the right management, most kids with asthma can lead healthy, active lives. Here are several things you can do if you think your child has asthma: Look out for common signs and symptoms of asthma.

These include coughing, wheezing, chest tightness and shortness of breath. According to the National Heart, Lung, and Blood Institute (NHLBI), up to 40% of children who wheeze when they get colds or respiratory infections eventu-

ally get diagnosed with asthma. Notice when and where your child has symptoms. Do the symptoms interrupt your child's sleep? Do they occur during a specific time of the day? Do exercise, allergies or illness make them worse?

Learn about the triggers that can bring on an asthma attack.

Try to avoid the triggers that make your child’s symptoms worse. These may include things that cause allergies – such as pets, pollen, mold and dust – or cold or low-quality air, infections such as the flu and tobacco smoke.

If your child’s symptoms persist, see a health care provider.

The health care provider may ask about your child’s medical history and symptoms and do a physical exam. They may

Your family and health care provider can work together to control your child’s asthma and keep your child doing the activities they love. p (FamilyFeatures)

INTERESTED IN HEALTH INSURANCE Our enrollment counselors can help you find low- or no-cost health insurance.

Free help to enroll in health insurance is available regardless of immigration status.

For more information, visit nyc.gov/health/healthcoverage.

Health insurance is now even more affordable with federal tax credits.

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April 2022

9

Family: The True Modern Relationship

Kids & Learning Loss: How Do We Catch Up?

BY MANUEL HOLGUIN

B

y March 25, 2020, a few months after the first reported case of COVID19 in the US, all public schools were closed indefinitely. "It became immediately apparent that the pandemic would have a huge impact on students and specifically students of color and students from low-income communities," said Allison Socol, Ph.D., during a briefing to discuss the impact and learning loss that students experienced during the pandemic shut down. Most importantly, Socol and two other panelists, Hayin Kimner, Ph.D., and Louis Freedberg, an award-winning education journalist, discussed proven programs and approaches to inspire students to get back to school and recover from learning loss.

Socol spoke on what "unfinished learning" is and why the Education Trust chose not to call it "learning loss" or "learning gaps." Learning loss and

gaps, as others refer to them, are the loss of academic skills and knowledge that students face when taking breaks from school or, in this case, being forced to stop attending inperson learning, such as the last two years. They chose "unfinished learning" for two reasons; the first is to "signal that with resources and supports, students can absolutely make progress" and to "shift the focus away from blaming students and putting the responsibility on the systems."

Socol, like many others, understands that the full effects of the school shutdowns due

to COVID are still being studied. "The research that we're drawing on is not research about how to accelerate students learning in a global pandemic," said Socol. "But we do know a lot about what works for accelerating students learning and helping them catch up."

The Education Trust brings to the table three evidencebased strategies to accelerate learning. The first is targeted intensive tutoring, and she demonstrated its features and how they range from more to less effective. Some examples are the effectiveness of tutors,

being more effective when done by certified teachers and less effective when done by trained volunteers or peers.

Another shows how the ratio of one or two students to one teacher is more effective than when the balance is 3-4:1. The second strategy is expanded learning time. An example of this strategy is how the curriculum is most effective when aligned, individualized, and high-quality and loses effectiveness when no clear program goals are set. The final strategy is relationship building, showing how certified teachers and other staff can be more effective than outside mentors.

Louis Freedberg spoke on the strategy of project-based learning. Project-based learning is an approach in which it is believed that students acquire more profound knowledge through a functional assessment of real-world challenges. "For me, one of the most important goals is getting kids excited about learn-

ing and being in school," said Freedberg. "For too long, the focus and the whole narrative in schools has been on testing and grades." Freedberg understands that there will always be some form of testing in schools but believes it does not entirely work and should not be the primary way of teaching children. Freedberg uses the George Lucas Educational Foundation and Edutopia as an example. Their core strategies are "project-based learning, social and emotional learning, comprehensive assessment, teacher development, integrated studies, and technology integration."

Another strategy to help close the learning gaps due to COVID is community schools.

Hayin Kimner, Ph.D., spoke on the subject. "Community Schools do not refer to a program or a funding strategy," Kimner said. "When we're talking about Community Schools, we're talking about a whole child. It's a whole-school improvement strategy where dis-

www.workersworldtoday.com

April 2022

10

NYC Politics

Brian Benjamin Resigned but is Still on the Ballot. Who Else is Running for Lieutenant Governor?

BY RACHEL HOLLIDAY SMITH AND SAMANTHA MALDONADO THE CITY

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ew York’s lieutenant governor, Brian Benjamin, turned himself in to federal authorities on Tuesday as they unsealed his indictment related to a campaign contribution scheme first exposed by THE CITY. Hours later, he resigned from office. But what happens to his post now is a question mark.

Even though Benjamin has stepped down, his name will almost certainly be on the ballot for New York’s June 28 primary, election experts told THE CITY. That’s because the state’s Democratic Party already nominated him as their candidate for the race, which he accepted in mid-February. The deadline for turning down the nomination passed on February 25 and there are only a handful of ways he could be removed from the ballot now, said John Conklin, director of public information for the state’s Board of Elections.

Those include “death, declination or disqualification,” he said. Declination, or refusing the nomination, could only happen in Benjamin’s case if he were running for a different office, Conklin said.

Benjamin, who previously represented Harlem in the State Senate, could be disqualified from running in the election if he left the state and established residency somewhere else.

“It’s not just a matter of leaving the state. It’s moving out of the state,” said Sarah Steiner, an election attorney in New York. “If you don’t live in the state, you can’t run in the state.”

High-level state Democratic officials told THE CITY they may push him to do just that.

There is already talk of asking Benjamin to resettle in Georgia or Virginia to get him off the ballot.

The only other qualifications to run are age (you must be at least 30 years old) and having United States citizenship.

With Benjamin’s resignation, what had largely been a predictable race for lieutenant

Lieutenant governor candidates (l-r): Diana Reyna, Alison Esposito, Quanda Francis and Ana María Archila. William Alatriste/New York City Council, Allison Esposito/Twitter, Quanda Francis Lt. Gubernatorial Committee/Facebook, Ben Fractenberg/THE CITY governor became newly chaotic. New York state law allows candidates for lieutenant governor to run and win independently from candidates for governor in the primary.

That means that candidates on separate tickets in the primary could end up paired together after the general. It happened in 1982 when Mario Cuomo, who became governor, ended up serving with Alfred DelBello, who ran for lieutenant governor with gubernatorial candidate Ed Koch, the mayor of New York City at the time.

Who might end up in office with the next governor? As of mid-April, there are at least four candidates besides Benjamin registered to run for the lieutenant spot with the state Board of Elections: Who’s Running?

Ana María Archila Archila co-founded the immigrant-rights organization Make the Road New York and is running with the Working Families Party candidate Jumaane Williams.

She moved to the U.S. from Colombia at age 17 and made national news in 2018 by confronting Sen. Jeff Flake inside an elevator before the Senate Judiciary Committee’s vote on Supreme Court nominee Brett Kavanaugh.

Archila has already begun fundraising off of the arrest news, sending a message to

supporters by email that said “our elected officials should be held to the highest ethical standard to preserve the public trust” and that Benjamin “has violated that compact.”

In an interview with THE CITY Tuesday, Archila emphasized that she wants to model how to be accountable to “regular people,” with an aim to “alleviate the pressures” they’re facing — with a focus on affordable housing, childcare and support for immigrant communities.

If she were elected, she’d be the first Latina and queer person to serve in the role, she noted.

“I would bring into the Lieutenant Governor’s office the perspectives and the experiences of people who have been relegated to the margins,” Archila said. “Being the first is nice, but being the one that makes a difference for people is actually much nicer.”

Alison Esposito Esposito is a former NYPD deputy inspector who Republican Lee Zeldin chose as his running mate.

The 24-year veteran of the police department most recently served in the 70th Precinct in Brooklyn, according to Politics NY. She retired from that post to run for office, the New York Post reported.

On Tuesday, Esposito shared a message on Twitter from the

New York State GOP that said Benjamin “is corrupt & dishonest – of course he fits right in with Kathy Hochul … It’s time for New Yorkers to show them both the door.”

Quanda Francis Francis is tech entrepreneur and a former 2021 mayoral candidate who says she is considering an independent run for lieutenant governor.

“We will not rule out a run for Lt. Governor,” she said in an email on Tuesday. “We are exploring all options at this point, including running on multiple party lines, which includes the one we plan to establish.”

The president of Sykes Capital Management, Francis once worked for the Small Business Administration and the city’s police department, according to her LinkedIn profile, mayoral campaign website and a profile from Bklyner.

She received 3,792 votes in the mayoral contest last year, city Board of Elections records show, or 0.3% of the total.

Diana Reyna Reyna is a former deputy borough president who served under then-Borough President Eric Adams in Brooklyn and former City Council member representing parts of Bushwick, Williamsburg and Ridgewood. She is running with centrist Democrat Rep. Tom Suozzi.

She and Suozzi issued a joint

statement Tuesday that said the indictment of Benjamin is also “an indictment on Kathy Hochul’s lack of experience and poor judgement [sic].”

“The Suozzi/Reyna ticket will clean up this corrupt mess,” they said.

Anything Can Happen Politics watchers say the race is much more open now, even with Benjamin’s name likely remaining on the ballot.

Steiner says the indictment and resignation gives an opening.

“If I were the other candidates for lieutenant governor, I would up my game,” she said.

“Because you’ve got a shot now.”

Once in the second-in-command seat, chances are not bad that a lieutenant gets the top job, if recent history is any guide. David Paterson and Hochul herself got that promotion — not through elections, but by resignations.

“Anything you can ever think of, will happen,” said Steiner of New York politics. “And everything that you haven’t brought up will also happen.”p This story was published by on April 12, 2022 by THE CITY.

Visit www.pppradio.nyc to listen to interviews with the candidates.

www.workersworldtoday.com

April 2022

11

Be Equity Smart

5 Money-saving Tips for First-time Homebuyers

BY WAYNE JORDAN

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re you in the market for your very first home? If so, congratulations! Buying a home is an exciting milestone in anyone's life. However, it can also be a bit daunting, especially if you're on a tight budget.

Don't worry, this blog post will share five money-saving tips that will help you get into your dream home without breaking the bank.

Tip 1: Consider a fixer-upper If you're on a tight budget, consider buying a fixer-upper.

Often, these homes are priced significantly lower than other properties in your area, which gives you more room to work with in terms of your budget.

Plus, fixing up a home is a great way to learn about home ownership and add some personal touches to your new space.

Tip 2: Shop around for the best mortgage rate When you're buying a home, it's important to shop around for the best mortgage rate.

This will help you save money in the long run and reduce your overall borrowing costs.

Talk to a few different lenders and compare rates before you make a decision. A fixed-rate mortgage will protect you from interest rate hikes down the road, and they tend to be much easier for first-time buyers to understand and vary little from lender to lender.

Tip 3: Get pre-approved for a mortgage It's important to get pre-approved for a mortgage before you start shopping for a home, so you will need to think about the financing upfront.

This will give you an idea of how much money you can borrow and help you narrow down your search criteria.

However, just because you

can borrow say, $300,000, does not mean you should. Choosing a smaller and less expensive home will help you save money on things like property taxes and heating costs.

Tip 4: Consider buying a duplex or triplex If you're looking for ways to save money on housing, consider buying a duplex or triplex. These types of properties often offer lower monthly payments than traditional single-family homes. And, if you live in one unit and rent out the other unit(s), you can make a nice profit.

Tip 5: Be mindful of closing costs Closing costs can add up, so ask your real estate agent about any potential discounts or rebates available. You can always ask the seller to contribute to your share of closing costs, which will show as "seller credits" on the loan es-

Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn

timate form.

If you don't have the cash available to pay closing costs, a noclosing-cost option may be an alternative if your lender offers it.

This saves you the trouble of having to come up with the money upfront at closing. However, it ultimately will cost you more in the long run because your lender will absorb the closing costs in a higher interest rate.

Final words Hopefully, these tips help you save money when buying your first home. And, once you're settled in, be creative! There are lots of affordable ways to add some personality to your space without breaking the bank. For example, you could use temporary wallpaper, thrift-store and eBay finds, or even DIY projects.

YouTube videos are a great way to learn new skills, and taking care of your own tiling, shelving, and carpentry can save you a lot of money.

We are happy to help and share our insight and experience to help you your homebuying process. Schedule an appointment today, call us at 888-670-6791. p

April 2022

www.workersworldtoday.com

12

In the News

32BJ SEIU Building Service Essential Workers Rally on Park Avenue, Call for a Strike

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n Wednesday, April 13, an estimated 10,000 building services essential workers, including 32BJ SEIU members from New York to Washington, D.C. to Miami, rallied on Park Avenue with supporters to demand that the Real Estate Advisory Board (RAB) agree to a new contract for 32,000 porters, doorpersons, superintendents, concierges and handypersons across the city that includes fair wage increases, fully employer-paid health care for families and no givebacks after 32BJ members demonstrated their commitment and service throughout the two year pandemic. Building workers voted to give the bargaining committee the power to call for a strike, if they decide it becomes necessary. A strike, if one occurs, would affect over 3,000 buildings and 555,000 apart-

Photo courtesy NYC Central Labor Council

ments citywide.

32BJ SEIU members were joined at the rally by elected officials and labor leaders including NYC CLC President Vincent Alvarez. 32BJ President Kyle Bragg said: “Healthcare is a cornerstone of 32BJ. It’s a strike issue. The building owners want us to take money out of our paycheck to pay for healthcare every month, whether we use it or not. We will not stand for premium sharing and we will not stand for anything that disrespects the time and work our members have given over the past two years. We’ve had to fight for every single thing we have in our union contract: paid days off, health care, workplace protection, a pension. This is no exception. We are thankful for the support of all our allies and partners as we fight for a just city and stand with us as part of that fight.” p

Brooklyn’s Green-Wood Cemetery Doubles as Training Ground for Aspiring Masons

Photo courtesy NYC Central Labor Council

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elcome to the Brooklyn classroom of 14 aspiring masonry workers: A 19th century mausoleum inside the serene expanse of Green-Wood Cemetery.

The Bridge to Crafts Careers program offers its students a unique hands-on experience across a 10-week program where the participants receive training in masonry restoration and preservation at the 1850s-era gravesite of New York banker Isaac Newton

Phelps.

“I’m learning so much, and I never thought I’d see myself in a field like masonry,” said student Xavian Isaac, 21, of Queens. “But it’s honestly really eye-opening to see that I can do this type of work and that there is a place for me in this field.”

The cemetery partnered with Opportunities for a Better Tomorrow, the World Monuments Fund, the International Masonry Institute and the Bricklayers and Allied Craftworkers Local 1 on the program where participants scale a three-tier scaffold constructed around the site. p

Support Theatre Workers Fighting for a Union Contract

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ctors’ Equity Association, the national labor union representing more than 51,000 professional actors and stage managers in live theatre, has filed with the National Labor Relations Board to bargain on behalf of the actors and stage managers of the national tour of Waitress. This move follows a card campaign in which the workers demonstrated their desire to have Equity represent them. The card campaign was Equity’s first in more than a decade.

“We are proud of the work we are doing bringing this wonderful show to audiences across the country,” said members of the non-Equity tour company. “But the work we do is the same work our friends in the Equity tour do, so we are asking our employers why we can’t be treated with the same respect. We have tried to work with management to improve our conditions on multiple fronts and have come to the conclusion that we need a union to work on our behalf.

We now appreciate Equity helping us come together as a company and showing us a clear pathway to fair treatment.”

“The stage managers and actors at Waitress know they deserve better,” said Al Vincent, Jr., executive director of Actors’ Equity Association. “Touring in a musical like this is extraordinarily hard work, and doubly so during a pandemic. These workers deserve a decent wage and safe working conditions, and it’s brave of them to take a stand and say so. This particular situation is especially egregious because of the existence of an Equity tour running right alongside them.

That’s why Equity reached out to see if we could help.

“It’s shameful that the nonunion production pays its workers a third of what the company of the Equity tour makes. And it’s galling that these employers have even used videos of the non-union actors to teach their roles to their union counterparts.

Clearly, the workers in both productions are equally talented and hardworking, doing the exact same job for different audiences. For equal work, they should receive equal protections and equal pay.”

For this card campaign, Equity organizers gathered authorization cards from a critical mass of actors and stage managers on the Waitress tour designating Equity to negotiate on their behalf with their employer. Equity has filed for an election with the National Labor Relations Board, and pending election results, can begin bargaining with NETworks.p

Local 802 Musicians Fighting for a Fair Contract

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Photo courtesy NYC Central Labor Council

usicians of the DCINY Orchestra, who are members of AFM Local 802, are taking a stand and letting the public know about their fight for a fair contract. The company has lost an Unfair Labor Practice charge for refusing to bargain in good faith and is threatening to replace the orchestra completely. p

www.workersworldtoday.com

April 2022

13

Education

NYC DOE Slow to Spend Federal COVID Stimulus Funds, NYC Comptroller Finds

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ew York, NY: New York City Comptroller Brad Lander released a spending update, which found that the NYC Department of Education (DOE) has been slow to spend federal COVID stimulus funds allocated for FY 2022. While reopening expenditures are largely on track, DOE is running far behind on programs in the critical areas of academic and instructional support, and social and emotional wellbeing. Nine months into the fiscal year, DOE has spent less than 25% of funds allocated in those categories.

“Our students are counting on us to use this unprecedented influx of federal funding – all of it, not just a fraction – to deliver the academic and emotional support they need, as a result of two hard years of pandemic loss and disruption,” said Comptroller Brad Lander. “Our city cannot af-

ford to squander this opportunity to invest in the programs and supports to help our young people begin to succeed again academically, process the trauma they’ve experienced, and address longstanding inequities in our school system. We still have an opportunity to spend this onetime funding wisely – but the clock is ticking.”

On March 1st, Comptroller Lander unveiled an interactive public dashboard tracking the spending from FY 2022 onward of nearly $11 billion in Federal pandemic relief funding for New York City.

Through FY 2026, the City’s federal pandemic aid is expected to total $26 billion.

School spending is the largest category of federal funds, as DOE received $7 billion in total federal stimulus money through the Coronavirus Response and Relief Supplemental Appropriations Act

Comptroller Lander Editorial credit: rblfmr / Shutterstock.com

(CRRSAA) and the American Rescue Plan Act (ARPA).

In order to provide more detailed information, the Comptroller’s Office reached out to DOE to request budget and spending information for those funds allocated for FY 2022. Based on that data, the Comptroller today released an analysis comparing DOE’s October 2021 spending plan to its actual spending from the start of the fiscal year on July 1, 2021 through the first week of March 2022. To date, DOE has spent less than 50% of the funds allocated for FY 2022,

and is not on track to spend the full amount allocated in the three months remaining in the fiscal year. According to the data, three-quarters of the way through the fiscal year, DOE has spent: •65% of $1.3 billion total for re-opening healthy and safe schools (including Summer Rising for the Summer 2021 year).

•22% of the planned $984 million in Academic and Instructional Support, such as early literacy, college and career prep, and special education.

•24% of the $274 million allotted for social-emotional wellness programs, including 5% of the $12 million for restorative justice programs.

The Comptroller’s Office discussed the underspending with DOE, who provided the data and additional context regarding spending challenges, including pandemic related delays, hiring difficulties, and

supply chain issues as well as long contracting and procurement processes. School systems across the country have been slow to spend federal COVID aid.

DOE allocated on average $1500 per student with some variation between schools and districts, but the data does not show clear correlation of perpupil spending with student need.

The DOE will be able to roll over unspent funds into FY 2023-2024, funding that could bolster current initiatives or could be redirected to other priorities. The Comptroller’s Office urged the agency to be more transparent with plans to use or reallocate funds and to set clear outcome metrics to ensure that critical federal stimulus dollars are being spent effectively and equitably and on the programs that best address the growth and wellbeing of NYC’s students. p

Legal Training Certificate Program for Shop Stewards & Union Members in the Health Industry We believe an educated worker is an empowered worker. We want to help all workers to understand and advocate for their rights effectively.

Our Legal Training Certificate Program provides the knowledge, tools and resources to do just that!

Mandatory Topics lIntroduction to Legal Research and Writing lIntroduction to Immigration Law lIntroduction to Personal Injury & Medical Malpractice Law lIntroduction to Social Security Disability Law lIntroduction to Labor Law: Your Rights in the Workplace lIntroduction to Legal Issues & Ethical Issues for Healthcare Workers lIntroduction to Healthcare Law Research lIntroduction to Wills, Trusts & Estate Planning lIntroduction to Workers’ Compensation lIntroduction to Employment Discrimination & Sexual Harassment lIntroduction to Labor Unions & Racism lIntroduction to Workplace Health & Safety

Registration Fee: $550 (non-refundable) Includes Individual Chamber Membership

Register at www.freeparalegal.org

Choose 3 Optional Topics lIntroduction to Contracts lIntroduction to Diversity, Inclusion & Equality lIntroduction to Podcasting & Newletter Development lIntroduction to Article 78 lIntroduction to CMS Guidelines & Medical Documentation lIntroduction to Bankruptcy & Taxation lIntroduction to Negotiation & Effective Communication lIntroduction to Civil Rights

PLUS: Mandatory Citizenship & Labor Issues Clinic Presented by:

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April 2022

14

Union In Action Take Action:

Tell Condé Nast to Recognize the Condé Nast Union

Take Action: Petition to #SaveMyVA from AIR Commission Closures

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orkers at Allure, Architectural Digest, Bon Appétit, Epicurious, Condé Nast Traveler, Glamour, GQ, Self, Teen Vogue, Them, Vanity Fair, and Vogue are uniting with one powerful voice. They have requested voluntary recognition of their union with the NewsGuild of New York, with a supermajority of support across Condé Nast. They're calling on Condé Nast to voluntarily recognize their union and begin negotiating with them without delay or division.

Condé Nast has previously recognized their unionized colleagues at Ars Technica, Pitchfork, Wired, and The New Yorker. The union expects the same recognition as their peers at other publications. Condé Nast readers and members of the general public can help. p

Met Orchestra Raises $17K for Ukrainian Opera Musicians

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usicians of the Metropolitan Opera Orchestra organized a fundraiser for the musicians of the National Opera of Ukraine in Kyiv. Along with a significant donation from the Met Orchestra’s Music Director Yannick Nézet-Séguin and donations from the Met’s music staff, the Met Orchestra raised $17,000 for the Ukrainian opera orchestra musicians.

The idea for this fundraising effort came about during rehearsals for the Concert for Ukraine, a March 14 benefit concert produced by the Metropolitan Opera and conducted by the Maestro Nézet-Séguin. At the coffee break following an emotional rehearsal of the finale of Beethoven’s Ninth Symphony, the “Ode to Joy,” it became clear that the musicians of the Met Orchestra were deeply inspired to produce a gesture of solidarity and support for their Kyiv counterparts. p

O

n March 14th, VA Secretary Denis McDonough issued recommendations destined for review by the Asset and Infrastructure Review (AIR) Commission, a board created by the 2018 VA MISSION Act, a bill designed to promote vast privatization of VA healthcare. If approved, Sec. McDonough's recommendations would: •Close large segments of the

VA health care system, including at least 17 integrated VA medical centers around the country including here in NYC •Destroy tens of thousands of union jobs in communities across the country •Deny veterans their preferred choice in health care providers Force our nation’s heroes to find their own care from a patchwork of for-profit providers

VA leadership in Washington D.C. claims it has no choice but to follow the MISSION Act. This legislation dictates that they must close dozens of VA medical centers, clinics, treatment centers and nursing homes and drastically cut outpatient & inpatient services at hundreds of additional locations. It's time for VA workers, veterans, and all Americans to demand that our local, state,

and national leaders put a stop to this assault on veterans’ care. It’s time to let the air out of the AIR Commission, halt the Senate confirmation of AIR commissioners, and repeal Title 2 of the MISSION Act. Closing VA facilities must be entirely off the table. Our promise to veterans will not be broken and this closure commission must be stopped. p

Housing Works Union Members Demand Fair Contract at Housing Works’ Annual Design on a Dime Event

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embers of the Housing Works Union held a worker speakout across the street from Housing Works’ annual Design on a Dime fundraiser this week, highlighting the many issues that remain unresolved in contract negotiations. Since winning the vote to join the Retail, Wholesale and Department Store Union (RWDSU) on December 23, 2020, the Housing Works Union

worker-led bargaining committee has sat across the table from management for nearly a year without significant movement by the employer on priority worker issues, such as strong wage increases that keep pace with costs of living, dedicated mental health leave to reduce burnout, group mental health counseling, and sustainable workloads.

This action is the latest in a string of workplace actions

Photo courtesy NYC Central Labor Council

taken by the workers to demand a fair contract. Last week, members of the Housing Works Union hand delivered a petition signed by 405 members of the bargaining

unit to Michael Clarke, SVP for Programs, in his office in Brooklyn, outlining workers’ demands that have yet to be agreed to at the bargaining table.p

Teamsters Rally at City Hall

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ssential workers marked one year on strike with a rally at City Hall on April 21, calling on Mayor Adams to stop doing business with their union-busting employer. United Metro Energy, owned by billionaire John Catsimatidis, has received $37.9 million from New York City over the last year, undermining the Teamsters Local 553 strike.

Photo courtesy NYC Central Labor Council

“Mayor Adams, the working class people of New York City need your help,” said Ivan Areizaga, a terminal operator who is among the striking workers at United Metro Energy. “When we went on strike, John Catsimatidis took away our health insurance and my son couldn't get his insulin. This is not the kind of company that New York City should be sending public dollars to.”

The immigrant workers have been on strike since April 2021. They provided gasoline, diesel, and heating oil to New York throughout the pandemic, while Catsimatidis paid them wages as much as 50% lower than at other city oil companies.p

www.workersworldtoday.com

April 2022

15

Old & New Immigrants: Their Rights

Settlement Deadline in Lawsuit Addressing a One-Year Filing Deadline for Asylum Applications

BY KAROLINA WALTERS

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mmigration law requires that asylum seekers file applications for asylum within one year of last entering the United States. Filing after one year can be the sole reason the U.S. government denies an asylum application.

Despite these serious consequences, until recently, officials did not always tell asylum seekers of this deadline.

Thanks to a final settlement agreement in a federal lawsuit, some asylum seekers can access relief for the government’s failure to notify them of the one-year filing requirement in the past. But the deadline to apply for this relief is fast approaching: April 22, 2022.

Following judgment by a federal court in Mendez Rojas

v. Johnson, the U.S. government agreed to start providing notice of the one-year deadline in a revised notice document: Form I-862 (Notice to Appear). The government also agreed to create a new uniform mechanism that instructs government agencies how to process asylum applications so that they can be filed within the one-year deadline. The American Immigration Council, the Northwest Immigrant Rights Project, Dobrin & Han, PC, and the National Immigration Project of the National Lawyers Guild filed the Mendez Rojas lawsuit.

But this new notice and mechanism do not help those asylum seekers who were harmed by the government’s past unlawful conduct. For that reason, the final settlement agreement also included

relief for those who could establish that they were members of a specific group of asylum seekers—Mendez Rojas class members—who had not received notice of the one-year deadline. These asylum seekers could have either filed their asylum applications after the deadline or had been in the United States longer than one year and still not filed their applications.

Specifically, the government agreed to treat as timely filed an asylum application from

someone who could establish that they were a Mendez Rojas class member, if the asylum application was filed on or by April 22, 2022.

Eligible asylum seekers who did not receive notice of the one-year deadline and did not file their asylum applications in time can now have their asylum claim decided on the merit of the claim—as it should be—and not based on a technical deficiency.

In 2018, in Mendez Rojas, a federal court found that the

U.S. government violated immigration law and constitutional protections of due process by not notifying certain asylum seekers in government custody shortly after entering the United States about the one-year deadline.

The court also found that the government violated immigration law by not having a uniform mechanism in place that would instruct government agencies on how to process asylum applications so that they could be filed within the one-year deadline.

In November 2020, the parties reached a settlement agreement on how the court’s order would be operationalized. Part of this agreement is that all claims for relief for past harm must be filed by Friday, April 22, 2022.

continued on page 16

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April 2022

16

Old & New Immigrants: Their Rights

Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months

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he Department of Homeland Security (DHS) announced on April 15, the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS. “The United States recognizes the ongoing armed conflict in Cameroon, and we will provide temporary protection to those in need,” said Secretary Alejandro N. Mayorkas.

“Cameroonian nationals currently residing in the U.S. who cannot safely return due to the extreme violence perpetrated by government forces and armed separatists, and a rise in attacks led by Boko Haram, will be able to remain and work in the United States until conditions in their home coun-

Editorial credit: Bob Korn / Shutterstock.com

try improve.”

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in

Cameroon that prevent Cameroonian nationals, and those of no nationality who last habitually resided in Cameroon, from returning to Cameroon safely. The conditions result from the extreme violence between government forces and armed separatists and a significant rise in attacks from Boko Haram, the combination of which has triggered a humanitarian crisis.

Extreme violence and the widespread destruction of civilian infrastructure have led to economic instability, food insecurity, and several hundred thousand displaced Cameroonians without access to schools, hospitals, and other critical services.

This marks the first time the

Secretary of DHS will permit qualifying nationals of Cameroon to remain temporarily in the United States pursuant to a TPS designation of that country. Individuals eligible for TPS under this designation must have continuously resided in the United States since April 14, 2022. Individuals who attempt to travel to the United States after April 14, 2022, will not be eligible for TPS. Cameroon’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.p

Asylum Applications/ continued from page 15

Importantly, not all asylum seekers who did not receive notice of the one-year filing deadline are eligible for relief under Mendez Rojas. To qualify for relief, asylum seekers must be able to establish the elements of class membership and meet the eligibility requirements for relief.

But for the countless asylum seekers who are eligible for this relief of past harm, this litigation has affirmed the importance of a fair asylum process that does not allow technical deficiencies to prevent the full consideration of legitimate asylum claims.p

www.workersworldtoday.com

April 2022

17

Love, Health & Travel

How to Cope and Heal from Your Partner’s Sexual Addiction I not good enough for my partner?” Once again, it has nothing to do with you!

BY JENNINE ESTES

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his new discovery of your partner’s life has thrown your world upside down; questioning your past, feeling as if the relationship has been a lie, and your future destroyed. You may find yourself on this emotional roller coaster; enraged, depressed, numb, confused, alone, embarrassed. These emotions are to be expected right now as you make sense of things.

Many people jokingly toss around the word “sex addict” as a way to say that they really really really enjoy sex. But sexual addiction is nothing to joke about. Sexual addiction ruins marriages, relationships, careers, and in most cases lives.

There are thousands of men and women out there suffering, committed to fighting for the relationship, yet hurting

from the actions of their partner. This time can be a lonely place with no one to talk to. A fear of how others judge, or feelings of shame about the relationship may arise. Please know that you are not alone.

Now is time to learn how to cope and get through your partner’s sexual addiction.

Here are a few tips on getting your life back on track when in a relationship with a sex addict:

Remember, it has nothing to do with you!

Being involved with a partner suffering from sexual addiction causes an emotional rollercoaster. You might feel ashamed or demoralized. You may have difficulty trusting and fear for the relationship. A common feeling for those in the relationship is feeling responsible, not good enough, and self-evaluating. Asking “What is wrong with me? Am

Seek professional help: Addiction is addiction. Start couples therapy to help learn how to build a healthier relationship and recover together.

Individual counseling might help for you to decide what you want…and then stick to it.

Couples counseling will also help get you educated about what you can and cannot do to rebuild the relationship.

Rebuild Sexuality: Learn about what healthy sex is. Sex experiences can be extremely skewed when having an intimate relationship with someone who suffers from a sexual addiction. If you have become indoctrinated into sexual roles which seems abnormal, re-educate yourself to your needs and desires.

Get educated on sexual addiction: There are many books on sexual addiction and how to handle having a partner with sexual addition.

Set boundaries and follow through: Sex addicts have difficulty setting healthy boundaries. Teach your partner what is acceptable in the relationship and what is not. Then, it is your job to keep strong to what you say and follow through.

This will be a difficult process, dealing with addiction always is. If you need additional support, book a session with us – individual or couples.p Jennine Estes is a relationship consultant. She is a Marriage and Family Therapist in San Diego, CA. Reprinted with the kind permission of www.estestherapy.com

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April 2022

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Love, Health & Travel

Congress Passes Violence Against Women Act, Other Crucial Legislation to Support Survivors

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resident Biden has signed into law the Violence Against Women Reauthorization Act of 2022 (VAWA), critical bipartisan legislation to ensure legal protections for survivors of sexual assault and domestic violence.

VAWA was initially signed into law in 1994 and was reauthorized several times before it was allowed to expire in 2018. In addition to renewing many critical programs, the latest version of VAWA provides unprecedented support for survivors of sexual violence in Native Alaskan and tribal communities, giving them jurisdiction to prosecute non-tribal offenders who sexually assault tribal members.

In addition, the bill provides increased protections for LGBTQ+ communities, including a new grant program.

VAWA also incorporates pro-

visions from many bills that RAINN has been lobbying for, including the Survivors’ Access To Supportive Care Act (SASCA), the Support Access to Nurse Exams Act (SANE Act), and the Rape Survivor Child Custody Act. The SANE Act, a major RAINN legislative priority, will help ensure that survivors of sexual violence not only get the medical attention they need but also the opportunity to effectively seek justice, if they decide to do so, through the proper collection of evidence with the support of trauma-informed sexual assault nurse examiners (SANEs). SANEs are registered nurses that complete specialized training and provide comprehensive health care to survivors of sexual assault. They perform the rape kit exams (also known as sexual assault forensic exams).

Across the United States, there is an extreme shortage of SANEs. Survivors in most rural communities must travel hours to access a SANE after being assaulted. In Alaska, some survivors report that they must take two airplanes and travel 15 hours to access a SANE. According to the International Association of Forensic Nurses, only 17-20% of American hospitals have SANEs on staff.

The SANE Act: •Provides $30 million in federal grant funding for SANE salaries for rural, tribal, and underserved communities.

•Establishes regional training centers to provide critical clinical experience for SANEs before they are sent into rural areas.

•Provides funding to increase availability for pediatric nurses.

•Provides funding for mobile SANE units.

Congress also recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, RAINN-supported legislation that will put an end to the use of forced arbitration for workers who are victims of sexual assault or harassment. Ending forced arbitration is a critical step to remove one of the many barriers survivors face in coming forward and seeking justice. The bill was signed into law by President Biden on March 3. p

Pandemic Retirements/ continued from page 7 proves workers’ access to, coverage in, and use of, healthcare plans. Greater access to higherquality healthcare – a typical characteristic of unionized work – is especially important for older workers. In addition, union safety values influence safety outcomes in the workplace. What’s more, research shows that unionized employees earn far more than their non-unionized counterparts, on average, and provide important workplace protections.

Make Work More AgeFriendly. Improving health and safety standards and providing paid sick leave and time off will make the workplace better for all workers – including older workers. p

Barbara Schuster is a research associate at the Schwartz Center for Economic Policy Analysis (SCEPA) at The New School.

Siavash Radpour and Eva Conway are on the SCEPA staff.

Teresa Ghilarducci is a professor economics and director of SCEPA. This Urban Matters is adapted from SCEPA’s March 2022 Status of Older Workers Report.

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19

Love, Health & Travel

Why We Can’t ‘Boost’ Our Way Out of the COVID-19 Pandemic for the Long Term

BY PRAKASH NAGARKATTI AND MITZI NAGARKATTI THE CONVERSATION

W

ith yet another COVID-19 booster available for vulnerable populations in the U.S., many people find themselves wondering what the end game will be.

The mRNA vaccines currently used in the U.S. against COVID-19 have been highly successful at preventing hospitalization and death. The Commonwealth Fund recently reported that in the U.S. alone, the vaccines have prevented over 2 million people from dying and over 17 million from hospitalization.

However, the vaccines have failed to provide long-term protective immunity to prevent breakthrough infections – cases of COVID-19 infection that occur in people who are fully vaccinated.

Because of this, the Centers

for Disease Control and Prevention recently endorsed a second booster shot for individuals 50 years of age and older and people who are immunocompromised.

Other countries including Israel, the U.K. and South Korea have also approved a second booster.

However, it has become increasingly clear that the second booster does not provide longlasting protection against breakthrough infections. As a result, it will be necessary to retool the existing vaccines to

increase the duration of protection in order to help bring the pandemic to an end.

As immunologists studying immune response to infections and other threats, we are trying to better understand the vaccine booster-induced immunity against COVID-19.

Activating longer-term immunity It’s a bit of a medical mystery: Why are mRNA vaccines so successful in preventing the serious form of COVID-19 but not so great at protecting

against breakthrough infections? Understanding this concept is critical for stopping new infections and controlling the pandemic.

COVID-19 infection is unique in that the majority of people who get it recover with mild to moderate symptoms, while a small percentage get the severe disease that can lead to hospitalization and death.

Understanding how our immune system works during the mild versus severe forms of COVID-19 is also important to the process of developing more targeted vaccines.

When people are first exposed to SARS-CoV-2 – the virus that causes COVID-19 – or to a vaccine against COVID19, the immune system activates two key types of immune cells, called B and T cells. The B cells produce Yshaped protein molecules called antibodies. The antibodies bind to the protruding spike protein on the surface of

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• Keep physical distance in all public settings.

High Medium Low

• Stay home if sick or were exposed to COVID-19.

• Wear a mask in all public indoor settings.

• Get tested for COVID-19.

• Avoid crowded indoor and outdoor settings.

• Get vaccinated and boosted.

• Consider wearing a mask in public indoor settings.

Know our current level and learn more at nyc.gov/covidalert.

the virus. This blocks the virus from entering a cell and ultimately prevents it from causing an infection.

However, if not enough antibodies are produced, the virus can escape and infect the host cells. When this happens, the immune system activates what are known as killer T cells.

These cells can recognize virus-infected cells immediately after infection and destroy them, thereby preventing the virus from replicating and causing widespread infection.

Thus, there is increasing evidence that antibodies may help prevent breakthrough infections while the killer T cells provide protection against the severe form of the disease.

Why booster shots?

The B cells and T cells are unique in that after they mount an initial immune response, they get converted into memory cells. Unlike antibodies, continued on page 20

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April 2022

20

Love, Health & Travel ‘Boost’ Our Way/ continued from page 19 memory cells can stay in a person’s body for several decades and can mount a rapid response when they encounter the same infectious agent. It is because of such memory cells that some vaccines against diseases such as smallpox provide protection for decades.

But with certain vaccines, such as hepatitis, it is necessary to give multiple doses of a vaccine to boost the immune response. This is because the first or second dose is not sufficient to induce robust antibodies or to sustain the memory B and T cell response.

This boosting, or amplifying of the immune response, helps to increase the number of B cells and T cells that can respond to the infectious agent.

Boosting also triggers the memory response, thereby providing prolonged immunity against reinfection.

COVID vaccine boosters While the third dose – or first booster – of COVID-19 vaccines was highly effective in preventing the severe form of COVID-19, the protection afforded against infection lasted for less than four to six

The next phase of vaccine development will need to focus on how to trigger a long-lived antibody response that would last for at least a year, making it likely that COVID-19 vaccines will become an annual shot. months.

That diminished protection even after the third dose is what led the CDC to endorse the fourth shot of COVID-19 vaccine – called the second booster – for people who are immunocompromised and those aged 50 and older.

However, a recent preliminary study from Israel that has not yet been peer-reviewed showed that the second booster did not further boost the immune response but merely restored the waning immune response seen during the third dose. Also, the second booster provided little extra protection against COVID-19 when compared to the initial three doses.

So while the second booster certainly provides a small benefit to the most vulnerable people by extending immune protection by a few months, there has been considerable confusion over what the availability of the fourth shot means for the general population.

Frequent boosting and immune exhaustion In addition to the inability of the current COVID-19 vaccines to provide long-term immunity, some researchers believe that frequent or constant exposure to foreign molecules found in an infectious agent may cause immune “exhaustion.”

Such a phenomenon has been widely reported with HIV infection and cancer. In those cases, because the T cells “see” the foreign molecules all the time, they can get worn down and fail to rid the body of the cancer or HIV. Evidence also suggests that in severe cases of COVID-19, the killer T cells may be exhibiting immune exhaustion and therefore be unable to mount a strong immune response. Whether repeated COVID-19 vaccine boosters can cause similar T cell exhaustion is a possibility that needs further study.

Role of adjuvants to boost vaccine-induced immunity Another reason why the mRNA vaccines have failed to induce sustained antibody and memory response may be related to ingredients called adjuvants. Traditional vaccines such as those for diphtheria and tetanus use adjuvants to boost the immune response.

These are compounds that activate the innate immunity that consists of cells known as macrophages. These are specialized cells that help the T cells and B cells, ultimately inducing a stronger antibody response.

Because mRNA-based vaccines are a relatively new class of vaccines, they do not include the traditional adjuvants. The current mRNA vaccines used in the U.S. rely on small balls of fat called lipid nanoparticles to deliver the mRNA. These lipid molecules can act as adjuvants, but how precisely these molecules affect the long-term immune response remains to be seen.

And whether the current COVID-19 vaccines’ failure to trigger strong long-lived antibody response is related to the adjuvants in the existing formulations remains to be explored.

While the current vaccines are highly effective in preventing severe disease, the next phase of vaccine development will need to focus on how to trigger a long-lived antibody response that would last for at least a year, making it likely that COVID-19 vaccines will become an annual shot. p Prakash Nagarkatti is a Professor of Pathology, Microbiology and Immunology, University of South Carolina. Mitzi Nagarkatti is a Professor of Pathology, Microbiology and Immunology, University of South Carolina

You may be eligible for COVID-19 Treatment People who have tested positive for COVID-19 may be able to receive outpatient treatment to help symptoms and avoid hospitalization. Treatment works best if you begin it soon after you start feeling symptoms, so get tested right away.

Monoclonal antibody treatment is a one-time IV or injection to help fight COVID-19 while your immune system produces its own antibodies.

Oral antiviral pills are taken for five days and helps stop the virus and keeps it from replicating, which reduces the amount of virus in your body.

There are currently two authorized pills - paxlovid and molunpiravir.

Both monoclonal antibody and oral antiviral treatments can reduce your risk of becoming sick from COVID-19 and avoid hospitalization.

COVID-19 treatments are not a substitute for vaccination. COVID-19 vaccination and booster shots remain the best protection against getting severely sick due to COVID-19.

If you have COVID-19 symptoms, or if you have tested positive, talk to your doctor, or call 212-COVID19 (212-268-4319).

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April 2022

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Love, Health & Travel

Mental Health and Well-being in the Construction Industry

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ental health and well-being are high priorities for organizations across industries. This was true before COVID-19, however, is even more so now.

Growing mental health concerns exist in the construction industry because it ranks second highest in suicide rates among major industries.

Research shows that up to 90% of people who die by suicide have a mental health condition. Depression is the most common, however other conditions may impact suicide rates including substance use disorders — most commonly alcohol misuse, anxiety, and trauma.

Multiple factors likely contribute to higher suicide rates and mental health concerns in the construction industry, including the following: •Male dominated industry, with men experiencing the highest suicide rates •Toughness and strength are valued, mental health conditions, or seeking help, may be seen as personal weakness •Stigma and fear of consequences associated with mental health issues and help seeking •Shame and fear of judgment •Chronic pain •Seasonal and cyclical work contributing to family and financial strain •High stress and deadline driven work •Limited job control •Long work hours including potential for large volume of overtime leading to fatigue •Separation of family when working away from home When it comes to mental health conditions, the best outcomes occur when people seek and connect with care early.

Employee Assistance Programs (EPA) Also, when it comes to EAPs, 63% of respondents offer an EAP, yet only 48% identified an EAP as a helpful resource for employees. Of the CEO, President, and Owner respondents, only 39% say that an EAP is helpful to share with workers. A similar difference in responses exists for HR and Benefits Professionals with 79% reporting they make an EAP available, yet only 52% saying it is helpful to share with employees.

Creating a Mentally Healthy Organizational Culture The need to create a caring organizational culture has become a business imperative for all industries. The pandemic has elevated the importance with higher rates of people experiencing excessive stress, anxiety, depression, and projected increased rates of suicide and overdose deaths.

Many people have had time to reflect on their values and the type of environment they want to work in during the pandemic.

What are elements of a caring culture? For starters, it’s people feeling a sense of connection with peers and belonging within the organization. Most people value feeling a sense of trust and community with those they work alongside. Organizational culture starts at the top, making it essential that leaders recognize their role in helping workers feel valued

and appreciated for their contributions as key members of the work community.

A caring culture is also one in which leaders reinforce the importance of workers taking care of their mental health and well-being and reaching out for help when it’s needed. This includes leaders modeling and communicating that “it’s ok to not be ok” and reminding people to get help when it’s needed as you would for physical health conditions.

Less than half of people who experience mental health con-

ditions receive care. Organizations increasingly recognize the role they can play in normalizing these conditions and breaking down barriers to people accessing care.

With caring organizational cultures, mental health is visible, not with a “one-and-done” approach, but with a sustained commitment of engaging workers by distributing resources, tools, and programs through multiple channels.

This increases the likelihood that workers will feel psychologically safe to seek help

when it’s needed and discuss mental health issues that may be impacting work performance, productivity, and peer interactions with supervisors or co-workers.

Many survey respondents say they do not believe that construction workers feel comfortable openly discussing mental health with supervisors (37%), while others were either undecided (31%) or did not know (15%). Only 17% thought workers would discuss mental health issues with their supervisor.

Similarly, when asked if employees feel comfortable openly discussing mental health with co-workers, only 18% agreed, with 31% undecided, 31% disagreeing, and 20% saying they did not know.p This article is an excerpt based on the 2021 Pulse Survey Results and Report by The Center for Workplace Mental Health.

April 2022

www.workersworldtoday.com

22

Conversations

Better Mass Transit System: Safer, Faster, and More Affordable

BY MANUEL HOLGUIN

A

s the COVID-19 pandemic forced New York City into a lockdown, it became a risk, not only to people but to businesses and services, such as the MTA. Two years ago, during the pandemic, the MTA carried only about 10% of its regular riders. Now, the MTA has more than five million riders a day systemwide. This is according to Janno Lieber, MTA Chairman and CEO. "Transit is not just moving people around," said Lieber.

"It's a connection to jobs, education, and economic opportunity seven days a week, 24 hours a day." The MTA is on a balanced budget. Due to a $6 billion in covid relief funds secured by Sen. Chuck Schumer from the US Department of Transportation, the money has helped transit leaders avoid fare increases, service cuts, and layoffs. Despite the increase in

riders, Lieber says there is still a long way to prevent a multi-million-dollar deficit by the end of 2025.

Focusing on Buses MTA is joining forces with Mayor Adams to double the number of dedicated bus lanes. The proposal is to build 150 miles of new bus lanes over the following four years, adding 140 miles of current routes. As cars, dollar cabs, vans, and many other obstructions cause buses to slow and cause delays. On top of that, they plan to increase camera enforcement, saying that their effectiveness reflects "the first-time people get a ticket for driving in the bus lane only one out of five ever do it again and only less than one out of 10 get a third ticket."

There is plenty of focus on Queens, with the "fewest subway lines for the most people," said Lieber. A plan to redesign outdated bus routes will be discussed in 14 virtual public hearings that Queens residents are encouraged to attend.

Improvements and Projects Speaking on big and small projects, Lieber highlighted a few projects completed during the pandemic. Projects such as the Americans with Disabilities Act (ADA) and upgrades in different stations. The 42nd St Connection

MTA Chairman Lieber Photo credit: Marc A. Hermann / MTA

project, the original and oldest subway system that opened in 1904, had its tracks extended to make it less crowded and an entrance on the Times Square side for easier access. The L Train Project was completed on April 26, 2020, ahead of schedule, $100 million under budget, and without having to shut it down. According to Lieber, it had tunnel rehabilitation, increased station capacity, and accessibility improvements.

Megaprojects include East Side Access, the largest capital project for Long Island Rail Road riders

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with 40 miles of new tracks, a new terminal beneath Grand Central, and the LIRR expansion project. Two of a few other megaprojects aim to increase job opportunities for commuters.

Transit Fares By 2024, MetroCard will be phased out and replaced by OMNY, a contactless payment introduced in 2019. Ridders can use their smartphone, smartwatch, credit/debit card with a microchip, or prepaid ONMY card, which can be reloaded after a one-time purchase and expire after seven years. Fare capping will also be part of ONMY, like the weekly unlimited MetroCard, but without paying upfront, a ridder gets capped out after spending $33 or 12 rides over seven days.

The Fair Fares program is an underused and helpful program for those who qualify.

"We have almost a million people in this city who would qualify for this, but only a couple of 100,000 uses it," said Lieber. The website shows 271,026 new Yorkers have currently enrolled. They are focusing on assisting low-income New Yorkers with their transportation costs.

Prioritizing Safety All this was great news, but all seems fruitless when buses and trains are not safe.

Lieber spoke on increased police visibility on trains and platforms and more security cameras that help catch the "bad guys." But only a few days later, a gunman detonated a smoke bomb and opened fire, hitting ten people on the Manhattan-bound N train as they began their day. New Yorkers began to question the effectiveness of the increase of police and security cameras after the shooting. Like always, mental health was brought up for debate as it's evident that anyone who commits such an act needs help. Mayor Adams called for an increase in psychiatric services.

With public transportation challenges and incidents like the recent shooting, it's hard to believe things will improve. Lieber, who spent 14 years working on rebuilding the World Trade Center, thinks of himself as an optimist, "I believe in New York. I really believe it's always getting better,“ he said.

One must find that optimism deep within, and many New Yorkers find it every morning and at the end of every shift before they catch that train or bus.p

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April 2022

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SPONSORED INSERT: Personal Injury

Law Firm of Figeroux & Associates Personal Injury Guide: What You Need to Know

Public Transportation and Bus Accidents

BY LINDA NWOKE

N

ew York City has one of the most complex and extensive public transportation systems across the country, serving over 15 million people. In a large and congested city like New York, most people don't use private vehicles to move around. Instead, for convenience, affordability, and swift movement, residents and tourists alike rely predominantly on public transport and transit for getting around to their various destinations. Data shows that 54% of households in New York City do not own a car and often rely on the public transport system comprising a network that encompasses buses, trains, ferries, and subways.

The City's public transportation network is managed by the Metropolitan Transportation Authority (MTA) and New York City Transit. The operators of the services are required to undergo training and acquire knowledge about the rules and regulations of the industry for the protection of the passengers.

Breakdown of Public Transport Usage in New York Among New York City commuters, over 35% use the subway, 11% take the bus, 7% travel by commuter rail, 22% drive alone, 9% walk to work, and 4% carpool. The number of people using taxis, cycling, or traveling by ferry remains comparatively minimal.

In 2019, over 2 million riders took the bus daily, with 678 million rides annually by January 2020. NYC has around 5900 buses, plying along 234 local, 20 Select Bus Service, and 73 express bus routes within the five boroughs. Manhattan has one of the busiest routes, followed by Bronx and Brooklyn. The longest local bus route is on Staten Island's S78 between the St George Ferry

Terminal and the Bricktown Mall in Charleston.

Bus Accidents in New York City As expected, with such a vast operation and complex service, managing thousands of buses daily by the Metropolitan Transportation Authority in the City, it is inevitable that accidents will occur. However, it becomes a source of concern when accidents become frequent. Various factors, ranging from inadequate training, reckless driving by MTA drivers, laxity in MTA's supervision, fatigue, poor weather conditions, careless pedestrians, can contribute to serious bus accidents in and around the City, causing injuries or death.

An article from the New York Post reports that available statistics over the past three years, MTA buses were involved in more than 21,000 crashes, at an average of 23 bus accidents per day. More than ten people died within the timeframe, and over 2,500 people were injured in bus accidents.

Considering the size and capacity of an MTA bus, any negligence on the part of the bus operator or the bus company can cause serious injuries, including spinal, head injury, burns, internal organ damage, amputation, disfigurement, and death of the in-

jured victim.

The impact is often devastating, as in the case of Lance Margolin. He lost his life from the accident on April 8th, 2021, along Eastern Parkway, when an MTA bus struck a traffic camera pole that fell on him leading to his unprecedented death. The force from the weight of the camera pole caused him massive internal injuries and skull fractures.

Inside the bus, there have been cases of people being injured while riding on a bus operated by New York City Transit. In some instances, bus passengers may be injured due to a driver's negligence, such as a driver failing to make a complete stop for a passenger's safe disembarking or onboarding.

Other accidents can happen when a bus strikes another vehicle or a pedestrian or bicyclist. They can also malfunction due to defective equipment or poor maintenance. Thus, transit bus accidents fall into organizational Public Transport Related causes and passenger-related causes.

Importance of New York Public Transportation and Bus Safety Public transportation is expected to improve road safety by reducing vehicular traffic. Therefore, security in transit buses is crucial for passengers'

confidence in the Public Transport and the companies that operate the services due to its far-reaching effect on the economy and beyond.

Consequently, frequent bus accidents increase the cost of operation in an industry dealing with budgetary shortfalls and low revenues, leading to a decrease in service reliability, safety, and potential settlements to victims and their families.

Bus accidents can affect their opinion and usage from the passenger's perspective, requiring a campaign to raise confidence, such as the NYC Vision Zero Plan and the most recent 'Stop Let Them Cross.'

What to Do If You're Hurt on NYC Public Transportation Despite the effort, injured individuals on public transportation like a Bus in New York City can become entitled to compensation for lost wages, medical bills, pain and suffering, and other losses. The authorities behind public transport have a duty of care toward pedestrians, bicyclists, and public transport users. However, if breached, they can be found liable for negligence that caused the injuries or death.

For any injury victim, you should take the following steps to protect yourself if you need to file a claim.

•Document: Gather evidence from the scene as photographs or videos, especially for evidence in a personal injury case. You or someone can help you achieve this using the camera on your phone.

•Witnesses: If you can, try and obtain the contact information of any passerby who saw the incident. Eyewitness accounts and statements collected as soon as the event happened are crucial. This can be achieved with a recorded video statement. Avoid continued on page 4

April 2022

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SPONSORED INSERT: Personal Injury

Should You Consult a Wrongful Death Attorney?

NEW YORK CITY - JULY 14 2015: Al Sharpton staged a press conference at National Action Network headquarters with Eric Garner's family to announce action on behalf of the anniversary of Garner's death.

Editorial credit: a katz / Shutterstock.com

BY CHRIS TOBIAS

T

here are few things that can be said to be worse than the death of a family member. If the person's death was caused by somebody else's action or inaction, it may feel even worse, especially when the person's death could have been avoided.

One way families in such situations can seek justice and closure is by filing a wrongful death claim. Is this something you should consider? Let's look at the details of this type of legal action.

What is a Wrongful Death?

Accidents take place, and in some instances, they turn out to be fatal. In an accident, there is usually no intention to kill a person. However, the law factors in more than intentions.

Many accidents take place as a result of the negligent behavior of individuals, businesses, or corporations.

For example, a defective vehicle can cause a fatal car accident, as can a drunk driver. In both of these cases, the bereaved can file a wrongful death claim.

A wrongful death claim can also be filed against an individual when there was an intention to kill. This means there will likely be a civil and criminal case against the defendant.

Should You Consult an Attorney?

It's tempting to go it alone; after all, the American legal system allows people to represent themselves in court. However, representing yourself when you don't have a legal background is an uphill battle that you can easily lose. Even when there is overwhelming evidence supporting your claim, it's important to know how to

present this evidence in a manner that convinces the court. Additionally, it's just as important to know how to handle evidence to avoid compromising it.

Consulting with someone who has experience handling such cases is an easy step you can take to increase your odds of success. A wrongful death attorney can show you how to navigate the lawsuit, so you have a greater chance of succeeding.

Do You Have a Case?

The bereaved may feel a sense of injustice in the wake of their loved one's

death; however, this doesn't always mean that they have a case. It's important to know whether you have sufficient grounds to file a wrongful death suit before you commit significant resources to the case. An attorney can go through the details of your case and quickly tell you whether you have a strong case or not.

In short, if you have a strong case and are willing to work with an attorney to file it, consider starting a wrongful death claim. An attorney can give you more personalized feedback on whether you have a solid claim or not, and their initial consultation is free. So, if you are trying to make this decision, get in touch with an attorney to proceed.

Legal Assistance The lawyer you hire does make a difference. Knowledge, experience and compassion are important factors to consider. Call the Personal Injury Law Firm of Figeroux & Associates at 855-768-8845 or visit www.askthelawyer.us to schedule an appointment.p

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April 2022

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SPONSORED INSERT: Personal Injury

Legal Rights in an Elevator Accident Personal Injury Case

M

ost people in the United States use elevators on a daily basis with little thought. Horror and suspense flicks do use elevators are backdrops for their plotlines. Nonetheless, beyond taking a look at the outrageous in Hollywood productions, most people give little thought to the fact that people are injured in elevator accidents each and every year. There are a number of commonplace types of elevator accidents that cause personal injuries and even death each year. As a consequence, people from all walks of life need to have a basic understanding of their legal rights in an elevator accident personal injury case.

The typical elevator user takes four trips on lifts each day. There are about 325 million elevators rides daily. On average, an elevator carries over 20,000 people a year. All elevators combined on the planet carry the equivalent of the population of the planet every three days. The widespread use of elevators underscores the potential for accidents.

There are three important topics that require close consideration when dis-

•Burns •Cuts, abrasions, stab wounds •Mental anguish and emotional distress (including post-traumatic stress disorder, or PTSD) Typically, an individual in an elevator accident suffers multiple types of injuries.

cussion legal rights in an elevator accident personal injury case: •Common types of elevator accidents •Frequent elevator injuries •Compensation in an elevator accident personal injury case

•Unbalanced leveling •Speed malfunctions Each of these four types of more commonplace elevator accidents can result in a lift passenger sustaining serious injuries, or even fatal ones.

Common Types of Elevator Accidents Elevator accidents come in many forms. With that duly noted, there are some more common types of elevator accidents that occur in the United States with a higher degree of frequency. These include: •Defective doors •Free falls

Frequent Elevator Accident Injuries Injuries sustained in a lift incident depend on the facts and circumstances surrounding a particular elevator accident. There are a number of elevator accident injuries that occur with greater frequency: •Traumatic brain injury •Broken bones •Internal injuries

Compensation in an Elevator Accident Personal Injury Case In the aftermath of a any type of personal injury, finding complete justice is an elusive task. Nonetheless, following an elevator accident, receiving appropriate compensation is a key element of obtaining justice.

The compensation awarded in an elevator accident personal injury case depends on the facts and circumstances surrounding the accident itself and the nature and extent of injuries sustained by a victim of this type of grim mishap. There is an array of compensation that fairly frequently is awarded in an elevator accident claim or case: •Medical bills and expenses •Pain and suffering continued on page 4

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•Lost wages •Permanent disability •Permanent disfigurement •Mental anguish and emotional distress A person injured in an elevator accident is entitled not only to compensation for existing injuries, damages, and losses, but also for those that reasonably can be expected to be incurred in the future. For example, a person injured in an elevator accident is likely to need ongoing medical care and treatment for the foreseeable future. An individual hurt in an elevator accident may not be able to return to work any time soon. A person might suffer permanent disability as the result of a more catastrophic elevator accident. All of these represent the types of elevator accident injuries for which ongoing compensation may be necessary.

In a small number of cases, the action or inaction of a party or parties responsible for an elevator accident may have been particular reckless. If such conduct is deemed especially egregious, an injured person may be entitled to what are known as punitive damages in an elevator accident personal injury lawsuit.

time-lapse as memories fade quickly, and recollection becomes difficult.

In the final analysis, a elevator accident personal injury case is a complicated legal matter. In addition, striving to obtain fair compensation for elevator accident personal injuries understandably can be emotionally charged. As a consequence, a person injured in an elevator accident is best served retaining the services of a skilled, experienced, tenacious personal injury attorney. In seeking legal assistance, a person injured in this type of situation is wise to identify legal counsel that has specific experience in protection the legal rights and interests of people hurt in an elevator accident.

Legal Assistance Call the Personal Injury Law Firm of Figeroux & Associates at 855-768-8845 or visit www.askthelawyer.us to schedule an appointment.p

Call the police or ambulance: If you or the injury victim suffered an injury, an official record of the incident is essential. Official records from the police or ambulance attendant on your account of what happened must be accurately documented in a police report or ambulance report in case of a lawsuit f to recover damages.

•Seeking medical help: When an accident occurs, the body's natural response causes the victim to feel solid and ready for a fight or flight. Adrenaline tends to run high after an accident, and it can sometimes mask the symptoms of an injury. However, injury victims start feeling pain hours or days after an accident. That's why it's always a good idea to go to a hospital emergency department or see a private doctor after an accident.

•Get legal assistance: In seeking legal assistance, a person injured in this type of situation is wise to identify legal counsel that has specific experience in protection the legal rights and interests of people hurt in a bus acci-

dent and public transportation. Call the Personal Injury Law Firm of Figeroux & Associates at 855-7688845 or visit www.askthelawyer.us to schedule an appointment.p

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