Worker's World Today - Issue 53

A Discussion with UUP’s President Frederick E. Kowal & Downstate Chapter President Redetha Abrahams-Nichols

LINDA NWOKE WWT EXCLUSIVE

TBY SARAH DAMASKE & ADRIANNE FRECH THE CONVERSATION

He’s not alone.

Men’s employment in the U.S. reached a 20year high in 2023, with nearly 90% of men ages 25 to 54 in the workforce, according to the Bureau of Labor Statistics. This supports the broad expectation – some might say stereotype – that full-time employment is the norm for American men. Yet examining employment at a single point in time leaves out important information about whether people are able to maintain stable work. Our recent study of male baby boomers’ working lives – spanning more than two decades – tells a very different story.

OROZCO

impacts the filing costs for almost all the agency’s applications. The new fees will

Abrahams-Nichols. Photo: UUP

Kowal: Photo: UUP

Photo courtesy: AFL-CIO

NYC Food Delivery Workers’ Rights

If you do restaurant deliveries for an app, you have rights regardless of your immigration status.

Your Rights

Free insulated food delivery bag after 6 deliveries

Apps must give you a bag. You can decide whether to use it.

More control over your deliveries

• You can limit how far you will go from restaurants and pick which bridges or tunnels you will use.

• Apps cannot offer you trips outside the limits you set, and you have the right to change your limits.

Advance notice of delivery details

Apps must tell you the pickup address, estimated time and distance for trip, tip, and pay before you accept a trip.

Better access to restaurant bathrooms when you pick up orders

Exceptions apply. Contact DCWP.

More information about your pay

Apps that take customer orders directly must tell you how much the customer tips for each delivery and your total pay and tips for the previous day. Exceptions apply. Contact DCWP.

Payment at least once a week

Apps cannot charge a fee to process your payment.

Minimum pay rate (Effective 1/1/2023)

New York City will set a minimum pay rate and may update it from time to time.

No Retaliation

It is illegal to punish or deactivate workers for exercising their rights. Workers should immediately contact DCWP about retaliation.

File a Complaint

The Department of Consumer and Worker Protection (DCWP) enforces the law. For more information or to file a complaint:

• Visit nyc.gov/DeliveryApps

• Email OLPS@dcwp.nyc.gov

• Call 311 (212-NEW-YORK outside NYC) and ask for “Delivery Worker”

DCWP will not share your identity without your prior consent.

You can also file a case in court. However, you cannot have a complaint with DCWP and a claim in court at the same time.

This information is brought to your courtesy of THE ASK THE LAWYER Radio Program For a legal consultation on these and other issues, please call 855-768-8845 or schedule an appointment at www.askthelawyer.us

Supports Workers’ World Today

Recently, 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

Black History Month: A Time to Inspire Black Labor Leadership

BY GREGORY FLOYD

Across this nation, there were celebrations in honor of Black History Month throughout February. It’s a time not only to celebrate, but to educate. It’s a time to acknowledge the accomplishments; delight in the rich heritage; and retell the history of a people often forgotten, mistreated, and misunderstood.

But Black History Month is not without controversy. Some critics say empowerment is not accomplished by one month of recognition. Others find it outdated, only symbolic, not necessary, and even separatist. Its founder, historian Dr. Carter Godwin Woodson, argued that “[i]f a race has no history, it has no worthwhile tradition, it becomes a negligible factor in the thought of the world, and stands in danger of being exterminated.”

For me, there is no controversy. Black History Month is about history and so much more. It’s involvement. It’s about action. It’s about recognition. And, most important, it’s a call to duty.

Black History Month is not about validation, it’s about inspiration. It’s about creating more accomplishments, breaking more barriers, and earning the respect of all people. It’s about adding new chapters to a rich history.

February is known as the month for acknowledging “The Best” in many categories—from the Grammy Awards to the Super Bowl. Let’s use the occasion to honor our own list of “Bests” and work to add more names to it. For sure, the list is already

long, with many giants and “firsts,” past and present, including Dr. Martin Luther King Jr., former President Barack Obama, Rev. Calvin Butts, Justice of the Supreme Court Ketanji Brown Jackson, Congress members like Shirley Chisholm and Hakeem Jeffries, and New York State Attorney General Letitia James. But while Black History Month remembers the past and celebrates the present, it must also look to the future. It should be a time that helps to motivate, mentor, and nurture our next generation of champions in the struggle for social and labor justice.

For labor unions, there’s an important principle used in organizing efforts to increase our membership. That principle is: Show workers tangible benefits from joining a union. Let them know that benefits such as healthcare coverage, paid vacations, workplace safety requirements, and minimum wage did not always exist. Labor unions fought hard for them—and won—while continuing the fight for equality and respect on the job.

That principle also holds true for inspiring and exciting young people to get more involved. It’s not easy for any labor leader to accomplish, and that’s especially true for

Black labor leaders. It’s often more difficult for them to be taken seriously or to receive acknowledgment for their accomplishments because of prejudice and misinformation. Take, for example, that remarkable win to unionize Amazon workers in Staten Island. That was no small feat! That victory was unthinkable a mere four years ago. Yet, in March of 2020, an Amazon warehouse worker, Christian Smalls, led a walkout in protest of deplorable, Covidrelated conditions. Amazon had dismissed Smalls as insignificant. They even fired him. But he connected with his co-workers in a way Amazon’s highly paid PR team could not do.

That’s what labor leadership should be about: connecting with workers. And to a large degree, Black labor leaders are in a prime position to lead the way.

All labor leaders experience challenges, but for many Black labor leaders, the challenges are even greater. We are confronted with glaring daily headlines about harm and hate throughout the world, the nation, and our city. It’s often difficult to see the “havens” of help, normalcy, and compassion that still exist today. They are obscured by the noise and chaos that regrettably touch so many lives.

Labor unions represent one such haven. They provide stability and hope, and they have a track record of achievements to prove it. But the job of outreach to increase membership and thereby improve our ability to have influence and impact is often met with low expectations and disrespect,

Publishe

Pearl

Contributing

Linda

Victoria

Travis

Mary

Janet

JR

Chris Tobias

Erin

Legal

Brian

from both inside and outside of the union. That’s why the next step of inspiring and nurturing leaders-in-the-making is so important. Without that, we are sunk.

It’s important to note that, however daunting the challenges may appear, we are now seeing some promising signs. Although union membership across the nation has declined, New York remains strong at roughly 22%, and about 70% of the union workforce is in the public sector, with African Americans making up the largest number. So, here’s a suggestion: Let’s use our strength in numbers to not only grow our base of members, but to also support and encourage the next generation of Black labor leaders. We can connect. We’re good at it. And that’s how leadership is gained and maintained.p

Gregory Floyd, President, Teamsters Local 237 and Vice President at-large on the General Board of the International Brotherhood of Teamsters

This Op-Ed was first published on February 15, 2024 in NY Amsterdam News.

Brooklyn Needs Downstate/ continued from page 1

brink of closure due to the financial crisis.

The potential closure is raising grave concerns about healthcare access, especially for minorities, and the future of medical education for millions of residents. The institution also contributes extensively to Brooklyn's healthcare landscape, especially with over 2000 professionals that play vital roles ranging from medical faculty to nurses and therapists.

SUNY's Chancellor, John King, assured the public that there would be no loss of care as there are plans to relocate inpatient services to Kings County Hospital despite the closure. Additional efforts are underway to minimize staffing cuts, with a detailed plan expected by the end of March.

Role of United Universities Professions (UUP)

As a body that caters to the needs of its members, the United Universities Professions

(UUP) works to safeguard the interest of workers of higher education and healthcare services in New York State under the leadership of Frederick Kowal (Ph.D.). Emphasizing the breadth of their influence, Dr Kowal stated, "We are the largest higher education union in the country. The body consists of a diverse membership, and its current focus is preventing the closure of SUNY Downstate. We cover a wide range of professions. And we are ensuring that the State University of New York leadership and the governor do not close Downstate because of its central role in health care in Brooklyn."

The Closure Plan

The proposed plan calls for shutting the 342-bed facility and relocating its services to Kings County Hospital while focusing on minimizing staffing cuts. A plan that the President of UUP vehemently opposed.

First, he considers the absence of community involvement in

developing the closure plans a significant flaw. Kowal highlighted SUNY Downstate's vital role in providing essential services like trauma and cardiac care within and beyond the community. Besides, the hospital's financial challenges are deemed a fallout from a decade-long failure by the state to provide adequate funding

ing its importance and capability. However, the decision to abandon the hospital after it proved its worth during the pandemic is unfortunate. "It would be immoral to do so given its past service and ongoing contributions to healthcare."

Recently, Governor Hochul allocated an additional $100 million to transform SUNY Downstate. Although it is a welcome act, the gesture has some reservations because of its implications. In his view, more commitment is needed from the leadership of both Governor Cuomo and Governor Hochul towards funding the hospital since 2018.

that became exacerbated by the lack of compensation for its COVID-19 response efforts.

Thus, in his view, the proposed closure is unjustified, asserting that the state owes SUNY Downstate over $160 million and a commitment to investment to modernize the hospital instead.

"We reject the plan on several grounds because the plan was done secretly and without community involvement. Secondly, New York State has not fulfilled its moral and legal obligation to fund SUNY Downstate for over ten years. Thirdly, the hospital was declared COVID only; this hospital kept people alive, members who put their lives on the line were not compensated, and neither was the hospital. It received no funding for that service, including all the lost revenue because other services couldn't be performed," says Kowal.

Additionally, relocating services to Kings County Hospital will result in the loss or reduction of essential services due to insufficient capacity. Kowal insists there should be a community-led long-term plan for SUNY Downstate and healthcare in central Brooklyn, with an urgent need for state investment to address healthcare disparities in the underserved area.

Factors leading to SUNY's Worsened Financial Situation

During the pandemic, the institution became a COVID-only facility, which limited other procedures. Kowal strongly believes that the move contributed to the hospital's present predicament despite its critical role in the community. He noted SUNY Downstate was the only viable option when Governor Cuomo needed a facility to handle COVID-19 patients, showcas-

He argued that first, the amount allocated falls short of addressing the hospital's more significant deficit resulting from COVID-19, and second, it comes with conditions tied to the closure of Suny Downstate. Conditions are deemed "blackmail" since the money is contingent on the hospital's closure within the next year or two. "The state owes the people of Brooklyn, specifically Central Brooklyn and this facility, and our members doing lifesaving work there. They owe over $100 million as a down payment for the lack of investment over the years," says Dr. Kowal.

Community

Engagement and Transparency

Dr Kowal emphasized the need for genuine community involvement in developing a plan to invest in healthcare and expand SUNY Downstate's services. He criticized SUNY's limited community engagement efforts, labeling them inadequate given the short timeline for finalizing the plan and the coercive conditions attached to funding. "This is a smoke screen, and it is terrible. It's trying to pull a fast one on the people of Brooklyn. And I know the people of Brooklyn pretty well. They won't fall for the plan," he said.

Conversely, we also spoke to Redetha Abrahams-Nichols (DNP, MPA RN), President of the United University Professions (UPP) Downstate Chapter in Brooklyn. Being at the forefront of the situation, she described the troubling experience of learning about the transformation plan on Martin Luther King Jr. Day, highlighting the lack of transparency and community involvement in the decision-making process.

continued on page 6

Photo: CR/IQ Inc

Brooklyn Needs Downstate/ continued from page 4

Discussions with the UPP Chapter President in Brooklyn

The Chapter President also expressed dismay at the sudden announcement of the plan to eliminate inpatient services and the significant staff reduction. Abrahams-Nichols stated that the absence of input from the Downstate community and local legislators has caused a loss of trust in the administration and the state government.

She questioned the motives behind the lack of communication and targeted attack on Downstate Medical Center. She suggested systemic issues related to race and community involvement.

"During COVID, we stayed and fought, and two to three years later, you're telling us we're not needed. Do they feel that black and brown people don't have a right to know what's going on in their community, that they can give us anything they want to give us, and we have to take it? We're no longer going to do that. We are going to fight for our

healthcare in Central Brooklyn."

As a nurse for over 20 years, Abrahams-Nichols is committed to fighting for healthcare in Central Brooklyn, challenging assertions about bed occupancy rates and raising concerns about patient care. "There's a lot of talk about beds not full in Brooklyn. When the Chancellor spoke at the one community meeting, he said there are 1600 beds in Brooklyn, but only 796 are occupied. But when I walked through the emergency room, there were people in the emergency room for days be-

cause there were no beds upstairs. When I spoke to my colleagues at Kings County, they said 70 patients were in the ER with no beds upstairs. What are we doing here, and why is there an attack Downstate?" asked the Chapter President.

Mobilization Efforts to Address the Situation

Specific steps taken by the chapter to tackle the situation include the commitment to mobilize voices and a seat at the decision-making table regarding Downstate. Additionally, there are grassroots efforts, in-

cluding door-knocking to engage the community and a planned rally on February 29th with various speakers, legislators, and faith-based leaders. Abrahams-Nichols highlighted the importance of saving the hospital, warning that its closure could set a dangerous precedent while questioning the motives behind potential redevelopment plans. "I want people to understand that not saving this hospital is going to set a precedent, that they can do this anywhere in the world and decide not to take care of people, because really and truly because we're black or brown or the real estate now makes so much money. You want to put affordable housing there that we can't afford. A lot of our brothers and sisters cannot afford affordable housing. The Chancellor talked about providing affordable housing. Affordable to who?" she asked.

Strategies for Community Involvement in Keeping SUNY Downstate Open

Additionally, the AbrahamsNichols suggested some outlined actions that the public can

take, including door knocking, displaying signs, following their Instagram account for updates on rallies and activities, writing letters to governors and local officials, and engaging on social media platforms like TikTok. She emphasized the importance of young people's involvement, stressing that the fight is for their future in healthcare. There are also plans to engage with schools as she stressed the ongoing nature of the conversation, noting that SUNY Downstate is not the only hospital facing closure. Despite similar issues at institutions like Stony Brook and Upstate Medical, SUNY Downstate is deemed targeted. "Why are hospitals serving predominantly black and brown communities consistently under threat?" In her view, there is a need for a sustainability plan to rebuild and serve the community's healthcare needs effectively. "Now more than ever, Downstate is needed in this community," concluded Ms. Abrahams-Nichols.p

Listen to our exclusive interviews at workersworldtoday.com

Photo: CR/IQ Inc

Workers’ Matters

Men’s Employment/ continued from page 1

In fact, men’s labor force participation has been steadily declining since the 1970s, and workers are experiencing greater labor market precarity – that is, shorter job spells, greater job insecurity and more long-term unemployment.

In our research as experts in the study of people’s employment over time, we have previously challenged the myth that most women “opt out” of the workforce, establishing that the majority of women work steadily and full time. That led us to suspect that the picture of men’s employment could also be incomplete.

To understand these longterm trends, we studied data from about 4,500 men collected over more than 25 years. We were looking for patterns in the amount of time these men spent employed, unemployed and looking for work, and out of the workforce and not looking for work.

We were surprised to find that only 41% of late baby boomer men – those who were between 14 and 21 years old in

1979 – worked steadily and continuously, which we defined as working almost every week of the year between ages 27 and 49. This is a cohort of men who were widely thought to have taken a “lockstep” approach to work: entering the labor market when they finished their schooling and remaining employed until retirement.

We found most men didn’t fit this stereotype. About a quarter didn’t reach steady employment until they were nearly 50. Another quarter ei

ther found themselves increasingly unemployed and out of work as they aged or able to find only intermittent work. Finally, a smaller group of men left the labor market entirely –some leaving paid work at relatively young ages, while others leaving as they reached middle age.

Problems with precarity

We don’t know exactly why these men followed such a wide range of work patterns during what economists call their “prime earning years.”

But we think increasing labor market precarity – which researchers say is driven in large part by increases in layoffs and decreases in unionization –played a big role.

For example, we found that men who worked as “operators, fabricators and laborers” or in “precision production, craft and repairs” were at greater risk of unemployment. These are jobs that provided our own grandfathers with good, well-paying work, but they are also jobs that have become increasingly rare since the 1970s.

We also found that men were at greater risk if they lived in counties with a higher unemployment rate or in states with more unionized jobs when they first entered the labor market. That latter point likely put them at greater risk of job loss when those jobs went overseas in the 1980s and 1990s.

Men who experienced unemployment, more job turnover before the age of 25 or transportation barriers to finding a good job also followed less steady work patterns, suggesting that they may have been

forced to take “bad jobs” that provided fewer opportunities to move up the ladder or to earn a living wage.

Our findings paint a troubling portrait of employment in America. If this kind of unsteady employment characterizes the work patterns of the baby-boom generation, what awaits those of us who follow them? Is there anything we can do about it?

Ideas for improvement

The good news is there are solutions for workers, employers and the federal government. Our research shows that a college degree could protect men from the risk of unemployment or time out of work. The government can support this goal by making college more affordable for workers, as the current administration has proposed doing.

For employers, our findings suggest that making work less precarious – in other words, making it more stable, with better pay and more schedule control – would be a win-win proposition. Research suggests that employers consistently

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Source: The Myth of Men’s Stable, Continuous Labor Force Attachment: Multitrajectories of U.S. Baby Boomer Men’s EmploymentGet the dataCreated with Datawrapper

Separation and Divorce: Who Gets the Friends?

BY MARY CAMPBELL

Are you thinking of buying a new home this spring or summer? If so, you're not alone. Many thousands of individuals and families alike will become homeowners this year.

Whether you're a first-time buyer or a seasoned veteran of the housing market, you probably know there are significant choices to make. One of the big decisions you will have to ponder is how much you want to invest in your down payment.

Separation and divorce are emotionally challenging experiences that often involve not only the division of assets but also the separation of social circles, including friends. While many aspects of a separation or divorce can be legally negotiated, determining who gets the friends can be a complex and delicate matter. This essay explores the dynamics surrounding this issue and offers insights into potential approaches for navigating it.

Friendships are integral to social life, providing support, companionship, and shared experiences. During a separation or divorce, individuals may be torn between loyalty to their friend and allegiance to their former partner. Additionally, friends may feel uncomfortable or uncertain about maintaining relationships with both parties, fearing that doing so could be perceived as taking sides or betraying one party's trust.

One approach to addressing this dilemma is encouraging open communication and transparency among all parties involved. This might include

initiating honest conversations about the challenges of maintaining friendships amidst a separation or divorce and expressing a willingness to respect each other's boundaries and preferences. By fostering an atmosphere of mutual understanding and empathy, individuals can work together to find solutions that prioritize the well-being of everyone involved.

However, despite the best intentions, conflicts may still arise over who gets to maintain certain friendships. In such cases, it can be helpful to prioritize the principle of individual autonomy and freedom

of association. Each person should have the right to decide with whom they want to maintain relationships, free from coercion or pressure from others. This requires respecting each other's choices and refraining from imposing ultimatums or guilt-tripping tactics.

In some instances, individuals may need to reassess the nature of their friendships and establish boundaries that reflect their changing circumstances. This could involve transitioning certain friendships from close confidants to more casual acquaintances, particularly if maintaining close ties with both parties proves emotionally taxing or impractical. While this shift may feel challenging initially, it can ultimately lead to healthier and more sustainable relationships in the long run.

Another consideration is the role of mutual friends who may be caught in a separation or divorce. In such cases, it's important to recognize that individuals have the right to

maintain separate friendships with both parties as long as they do so respectfully and without exacerbating tensions. Encouraging mutual friends to remain neutral and refrain from taking sides can help preserve the integrity of those relationships and prevent further strain on all parties involved.

Ultimately, navigating the issue of who gets the friends requires empathy, communication, and a willingness to prioritize the well-being of everyone involved. While conflicts may arise, approaching the situation with understanding and respect can help mitigate tensions and pave the way for healthier and more fulfilling relationships in the future. By recognizing the complexities of friendship dynamics amidst a separation or divorce, individuals can strive to foster an environment of mutual respect, support, and understanding for all parties involved.p

OpEd: Jobless Benefits Must Be Raised

The following is an excerpt of an OpEd published in the NY Daily News on February19, 2024:

"Every year, roughly 400,000 New Yorkers lose their jobs through no fault of their own. That’s where unemployment insurance is supposed to come in, as a short-term safety net to ensure that losing your job doesn’t mean losing your home. But with the maximum unemployment benefit capped at just $504 per week and with a two-week penalty imposed on striking workers, New York’s unemployment safety net lets too many people fall into poverty," write NY Hotel & Gaming Trades Council President Rich Maroko and NYS AFL-CIO President Mario Cilento in a Daily News OpEd published this week.

"Making matters even worse, there is a union penalty built

into the system. When union workers are out of work because of a strike to demand fair wages or to protest mistreatment, they are forced to wait an additional two weeks before becoming eligible for unemployment benefits. That means they have to wait nearly a month when you add in the one week waiting period all workers have. The last thing we should be doing is punishing people who are out of work because they are standing up to injustice on the job."

"Albany has the power to right fix this problem. Lawmakers can eliminate the union penalty and they can surely increase unemployment benefits to a level that provides real financial security."p

Men’s Employment/ continued from page 1

underestimate the costs of losing employees. Given how hard it’s been for employers to stay fully staffed – especially in retail and service work – making jobs more appealing to workers could pay off in terms of retention.

Walmart, for instance, has increased pay and schedule control for its workers. Such moves have been shown to benefit both the employers, through the reduction in employee turnover costs, and the employees, through improved work conditions and work benefits.

The government could also implement policy changes, such as the Protecting the Right to Organize Act, to promote workers’ right to unionization, since unionization is consistently linked to higher wages and lower levels of inequality.

We don’t think the U.S. needs the jobs that our grandfathers held to return; instead, it needs to turn today’s available jobs into good jobs. The recent National Labor Relations Board “joint employer” ruling, for example, should do this by making it easier for workers at national chains to unionize across franchises,

which could improve the working conditions of millions of people in the service industry.

Finally, government can take action to make unemployment a less miserable experience. Our findings, both here and elsewhere, suggest that unemployment does considerable harm to workers’ careers and health. Reforming the current unemployment insurance system by expanding eligibility and creating progressive wage replacement rates may make it easier for workers to find jobs that better fit their skill set, which our research suggests could help them return to stable employment.

Our findings are the canary in a coal mine. They suggest that for future generations, steady employment may be a thing of the past. But the good news is that we can heed the warning and take steps to give everyone access to better jobs and more stable employment.p

Sarah Damaske is a Professor of Sociology and Labor and Employment Relations, Penn State Adrianne Frech is an Associate Professor of Population Health, Ohio University

GREEN CARD SLAVERY?

NYCOSH REPORT: New York City Construction Worker Deaths Increase for Third Year in a Row

NEW YORK, NY: The New York Committee for Occupational Safety and Health (NYCOSH) released its annual construction fatality report today, “Deadly Skyline: An Annual Report on Construction Fatalities in New York State.” The report analyzed data from 2022, the most recent data year available, and found an increase in construction worker death rates in New York City. Fatalities, which are back up to pre-pandemic levelshave increased for the third year in a row. Construction work is especially deadly for Latinx workers, who make up just one-tenth of the workforce, but one-quarter of deaths on the job.

Twenty-four construction workers died in NYC in 2022, compared to 20 in 2021 (a 20% increase) and 13 in 2020 (an

85% increase in two years). The construction fatality rate decreased in New York State. New York City’s rate increased from 11.2 deaths per 100,000 in 2021 to 11.5 per 100,000 in 2022, a 2.7% increase. New York State’s rate decreased from 12.1 per 100,000 in 2021 to 9.6 per 100,000 in 2022 — a 21% decrease.

Latinx workers make up a disproportionately high percentage of worker fatalities in New York. An estimated 10% of New York State’s workers are Latinx, but in 2022, 25.4% of worker fatalities were of Latinx workers.

The report found that OSHA and the Department of Buildings were short-staffed and that inspections and enforcement were reduced. In 2022, OSHA construction fines for fatality cases decreased, ending a five-year trend of in-

creases. The average fine amount in 2022 was $59,075, down from $67,681 in 2021 — a 13% decrease. This reversed a trend for the past five years of increasing OSHA fine amounts for construction fatalities.

“We see a decrease in agency enforcement and a trend of increasing fatalities in New York City, and of course we are concerned. We write this report to sound the alarm on construction safety and to remind New Yorkers that behind every fatality is a whole person who is

a part of our communities,” said Charlene Obernauer, NYCOSH Executive Director.

Other key findings include:

•Nonunion job sites remained especially dangerous for workers;

•OSHA issued fewer press releases in 2022;

•Contractors’ OSHA violations coincide with construction worker fatalities, but violations do not prevent contractors from receiving government subsidies.

To address rising construction fatalities across New York

State, NYCOSH recommends the following measures in the report:

•Preserve and enforce New York’s Scaffold Safety Law;

•Require construction training and certification for New York State’s construction workers;

•Protect Latinx and immigrant workers proactively;

•Expand criminal prosecutions of contractors statewide;

•Use existing city power to suspend or revoke licenses and construction permits for criminal contractors;

•Double OSHA’s budget and increase funding to the NYC Department of Buildings;OSHA must issue a permanent infectious disease standard for all workers, including its own;

•Mandate subsidy procurement reform and responsible contracting in New York State and New York City.p

Anti-DEI Efforts Are the Latest Attack on Racial Equity and Free Speech

BY LEAH WATSON ACLU

First, Donald Trump and right-wing extremists attacked government trainings on racism and sexism.

Then the far right tried to censor classroom instruction on racism and sexism. Next, they banned books about BIPOC and LGBTQ lives. Today, the extreme right’s latest attack is aimed at dismantling diversity, equity and inclusion (DEI) programs.

In 2023, the far right introduced at least 65 bills to limit DEI in higher education in 25 states and the U.S. Congress. Eight bills became law. If this assault on our constitutional rights feels familiar, that’s because it is. It was last seen in 2020 when Trump-aligned politicians fought to pass unconstitutional laws aimed at censoring student and faculty speech about race, racism, sex and sexism. The ACLU challenged these laws in three states, but today, anti-DEI efforts are the new frontier in the fight to end the erasure of marginalized communities.

DEI programs recruit and retain BIPOC, LGBTQ+, and other underrepresented faculty and students to repair decades of discriminatory policies and

practices that excluded them from higher education. The far right, however, claims that DEI programs universally promote undeserving people who only advance because they check a box. Anti-DEI activists like Christopher Rufo consistently frame their attack as a strike against “identity politics,” and have weaponized the term “DEI” to reference any ideas and policies they disagree with, especially those that address systemic racism or sexism.

This attack on DEI is part of a larger backlash against racial justice efforts that ignited after the 2020 killings of George Floyd, Ahmaud Arbery and Breonna Taylor. At the time, workplaces, schools, and other institutions announced plans to expand DEI efforts and to incorporate anti-racism principles in their communities. In response, far-right activists, led by Rufo and supported by right-wing think tanks such as The Manhattan Institute, The Claremont Institute, and The Heritage Foundation, went on the offensive.

Leveraging Fox News and other mainstream media outlets, Rufo and his supporters sought to manufacture hysteria around the inclusion of critical race theory in schools and

workplaces. After a 2020 appearance on Fox News where Rufo misrepresented the nature of federal trainings on oppression, white privilege, and intersectionality as indoctrination of critical race theory in our public spaces, Rufo convinced former President Trump to end federal DEI training. Rufo’s goal was to limit discourse, instruction, and research that refuted the false assertion that racism is not real in America – and he succeeded. Just three weeks later, Trump issued Executive Order 13950, which banned federal trainings on systemic racism and sexism. This Executive Order served as the template for most of the educational gag orders, or bills introduced to limit instruction on systemic sexism and racism in 40 states, 20 of which are

now law.

The ACLU has consistently opposed efforts to censor classroom instruction on racism and sexism, including in Florida where some of the most egregious attacks on DEI, critical race theory and inclusive education have been mounted. Following the far right’s “anti-wokeism” playbook, in April 2022, Florida Governor Ron Desantis signed the Stop W.O.K.E. Act, which seeks to ban training or instruction on systemic racism and sexism in workplaces, K12 schools, and higher education. The ACLU, the ACLU of Florida and our co-counsel challenged the law, claiming it violates the First and Fourteenth Amendments by imposing viewpoint-based restrictions on instructors and students in higher education,

and fails to state explicitly and definitely what conduct is punishable. A federal judge has blocked it from being enforced in public universities across the state.

Instead of ceasing to censor free speech, the far right pivoted to target DEI programs. For example, Florida passed Senate Bill 266 in April 2023. This law would expand the Stop W.O.K.E. Act’s prohibition on training and instruction on racism and sexism, seeking to eliminate DEI programs and heavily restrict certain college majors related to DEI. Just last month, the Florida State Board of Education moved forward with regulations to limit the use of public funds for DEI efforts in Florida’s 28 state colleges. The State Board also replaced the Principles of Sociology course, which was previously required, with an American History course to avoid “radical woke ideologies.”

Led by the same far-right leaders, including Rufo and various think-tanks, these antiDEI efforts utilize the same methods as the attack on critical race theory. They represent yet another attempt to rewhitewash America’s history of racial subjugation, and to reverse efforts to pursue racial justice—or any progress at all. Anti-DEI rhetoric has been used to invalidate immunological research supporting the COVID-19 vaccine, conclusions by economists on mass migration, and even the January 6 insurrection. But these false claims are not what DEI is about. By definition equity means levelling the playing field so qualified people from underrepresented backgrounds have a fair chance to succeed. We cannot let a loud fringe movement convince us otherwise.

In its attacks on DEI, the far right undermines not only racial justice efforts, but also violates our right to free speech and free association. Today, the ACLU is determined to push back on anti-DEI efforts just as we fought efforts to censor instruction on systemic racism and sexism from schools.p

Leah Watson, is a Senior Staff Attorney, ACLU's Racial Justice Program

The Latest Tax Changes

BY TAXGUY.NYC

Changes for the 2023 tax year include an increase in the standard for married couples filing jointly, rising $1,800 from the prior year to $27,700.

Single taxpayers and married individuals who file separately will see their standard deduction go up $900 to $13,850 for 2023. For heads of households, the standard deduction rises $1,400 from tax year 2022 to $20,800.

The IRS has also set marginal tax rates, depending on pay brackets. It’s 12% for individuals with incomes over $11,000 — or $22,000 for married couples who file jointly. It’s 22% for individuals who make more than $44,725, and $89,450 for married couples filing jointly.

It’s 24% for incomes over $95,375, and $190,750 for mar-

ried couples filing jointly. It’s 32% for those with incomes of more than $182,100, and $364,200 for married couples who file jointly. It’s 35% for incomes over $231,250, and $462,500 for married couples filing jointly.

Single individuals with incomes of $11,000 or less will pay 10%, as well as married couples filing jointly who make $22,000 or less. The top tax rate remains 37% for individual single taxpayers with incomes of more than $578,125 — and married couples filing jointly who make more than $693,750.

The tax year 2023’s maximum Earned Income Tax Credit amount is $7,430 for taxpayers with three or more qualifying children — up from $6,935. The Alternative Minimum Tax exemption amount is $81,300 and begins to phase out at $578,150. It’s $126,500 for married couples filing

jointly, and their exemption begins to phase out at $1,156,300.

The limit on employee salary reductions for contributions to health flexible spending arrangements increases to $3,050. Estates of decedents who died in 2023 now have a basic exclusion amount of $12.92 million, up from $12.06 million in 2022.

Medical Savings Account figures have also been updated for the 2023 tax year. Those with self-only coverage must

have an annual deductible that is not less than $2,650 (up $200 from 2022), but not more than $3,950 (up $250). Maximum out-of-pocket expense is $5,300, up $350 from 2022. The annual deductible for family coverage is not less than $5,300 (up from $4,950 in 2022), but not more than $7,900 (up $500). The limit on out-of-pocket expenses for family coverage is $9,650 — an increase of $600 from tax year 2022.p

It's time to make a career choice that you will LOVE.

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Living the Simple Life:

Clutter and Maximize Space

BY EQUITY SMART REALTY INC

Many people look at a smaller living space and think that there are a lot of limitations imposed. However, a more miniature home can offer up the opportunity to be inventive with design and get creative about your abode. Whether you live in small apartment now or are thinking of downsizing in the future, here are some ideal ways to make the most of your pintsized pad.

Invest In Multi-Functional Pieces

It may be nice to have a stylish bar cart or a hefty china cabinet for your space, but there are certain kinds of home items that only serve one function and this is not necessarily useful with limited capacity. Instead of a one-size-fits-all approach, try purchasing items like a folding table tray that can serve as a coffee table or a

bookcase that can hold dishes, books and other household items. This will enable you to maximize the space you have and create a uniquely modern design aesthetic.

Maintain An Organized Space

Every home has a little bit of clutter, but nothing will fill up a comfy space like having a lot of knick-knacks all over the place. Instead of making your home look smaller, ensure that you have vertical storage or closet space that can be effectively used for items that might often be left out. An organized space will not only

make for a cleaner, more effortless looking apartment, it will give the allusion that you've got a few more square feet than you actually do.

Stick With Neutral Colors

It can be tempting to go with a bright color for an accent wall, but this can actually work against your space and make it look a lot smaller. Instead of something vibrant and eyecatching, stick with a neutral palette and go for shades like white, light grey and light brown so they can naturally expand your space. You can still choose to accent with bright colors, but you may

want to leave them to your pillows or a vase so that they don't take over your space.

It might seem like there are many limitations imposed with a smaller living space, but with so many people downsizing there are a variety of great design possibilities for a less sizeable home.

Guidance

If you're currently staging your home and are planning to put it on the market, you may want to contact one of our local real estate professionals for more information. Our professional team is happy to share our experience to help you make the best buying decision. Call us 888-670-6791.p

Old & New Immigrants: Their Rights

Increase in Fees continued from page 1 take effect April 1, 2024.

The agency’s fee increases significantly impact the cost for family-based and employment-based applications and petitions. In addition, USCIS is charging a new Asylum Program Fee to be paid by certain employers. This fee will fund asylum operations, including those related to the Biden administration’s Asylum Processing Rule, which allows USCIS officers, instead of immigration judges, to conduct asylum merits interviews for certain recent entrants. The agency also expanded several fee exemptions for humanitarian-based petitions while broadening the eligibility criteria for the reduced fee for naturalization applications.

By statute, USCIS is required to review its fee structure every two years. Unlike many other federal agencies, USCIS’s operations rely primarily— nearly 96%—on user fees. The last time USCIS proposed fee increases was in 2020, but their implementation was halted in court. As a result, USCIS has

been relying on its 2016 fees. The new rule aims to account for inflation and to cover the overall costs of its services.

Employers will feel the brunt of the fee changes

The largest increase in fees undoubtedly fall on employerbased petitions. In addition to the $600 Asylum Program Fee for certain employers, USCIS will also increase fees for processing petitions for temporary and permanent workers (Forms I-129, I-129CW, and I140). Last year, USCIS proposed to increase these fees for all employers. The American Immigration Council and the American Immigration Lawyers Association submit-

ted a comment raising concerns about the detrimental impacts these fees could have on small businesses and similar entities. In the final rule, USCIS decided to charge lower filing and asylum program fees to small employers (maximum of 25 full-time employees) and lower filing and no asylum program fee to nonprofits.

In addition, employers registering for the opportunity to file a petition for an H-1B (specialty occupation) worker also will see an increase in the registration fee from $10 to $215, which will take effect for the registration period in March 2025. USCIS has confirmed that the registration fee for H1B “cap” numbers (available

beginning October 1, 2024) that occurs March 2024 will remain $10. For-profit employers with more than 25 employees petitioning for an H-1B worker starting in 2025 will see about a 239% increase in their total costs as compared to 2016. These new fees are in addition to the increase in premium processing costs that will take effect February 26, 2024.

Residency and family-based petitions will get more expensive USCIS also made changes to the lawful permanent residency filing fees. Since 2008, the filing fee for a green card application also covered the cost of work and travel authorization requests. Given that family-based residency applications are currently taking 12.3 months to process on average, this provided interim benefits to applicants while their green cards were adjudicated. To “encourage” applicants to only file requests that are needed, USCIS will unbundle these forms and require a separate fee for each. However, instead of charging the full fee for work authorization,

it will charge half the full price if the request is filed concurrently with the residency application. There will be no discount for travel authorization.

This change, coupled with an online filing discount, creates a range of fees for aspiring green card holders. For example, an applicant through marriage applying within the United States would pay between $2,065 to $3,005 if they wanted to obtain travel and work authorization. This is compared to a standard fee of $1,760 under the 2016 fee rule.

The filing fee for an immigrant investor for a petition to remove the conditions from their permanent residence has increased from $3,750 (without biometrics) to $9,525, a nearly three-fold increase.

New fee exemptions for humanitarian and naturalization applicants USCIS has also taken measures to remove fee-related barriers for vulnerable applicants pursuing humanitarian visas. The agency expanded fee exemptions for all forms associated

continued on page 14

Old & New Immigrants: Their Rights

Increase in Fees continued from page 13 with the processing of a U visa (survivors of certain crimes), T visa (survivors of human trafficking), VAWA (survivors of abuse by certain U.S. citizen or legal permanent resident family members) and Special Immigrant Juvenile Status (youth abandoned, abused, or neglected by one or both parents), among others. The stated goal of the agency was to create parity among the humanitarianbased forms of relief.

Middle-income and workingclass applicants for naturalization will also see some relief as USCIS expanded eligibility for a reduced fee. Previously, individuals whose incomes were between 150% and 200% of the federal poverty guidelines could pay the lower cost. However, the new rule widens the eligible population to those whose incomes fall between 150% and 400%.

USCIS to provide $50 discount to online filers In its aim to encourage efficiency and affordability, USCIS is implementing a discount for online filers. Last

year, USCIS proposed a range of discounts based on the type of form filed but opted to reduce the filing fees by $50 across the board in its final rule. In its comment to the proposed fee rule, the American Immigration Council and AILA noted that this discount was premature as there are only a limited number of forms available online and “there are significant issues with those that are available.” Nevertheless, USCIS indicates that it hopes this discount will encourage more applicants to rely on its online system as it expands the types of forms for online filing.

Impact of New Fees on USCIS’s Backlog

For years USCIS has struggled to timely process immigration benefits caused by the lingering effects of the agency’s reduced operational capacity

during the pandemic due to a sharp drop in revenue, shifting policies aimed at restricting legal immigration under the Trump administration, and technological deficiencies. In addition, USCIS has experienced a growth in low or no fee humanitarian applications, including for Temporary Protected Status and requests under the Biden administration’s new parole programs.

USCIS notes that these new fee increases are meant to allow it to keep pace with incoming cases and avoid future processing backlogs but that it will still require congressional support to eliminate its current backlogs. Despite a total of $275 million appropriation in 2021 and 2022, Congress has not recognized the need to provide USCIS with additional or recurring funding.

As a result, despite these fee increases, some of which are substantial, they may not translate into immediate improvement in USCIS’s processing times.p

Adriel D. Orozco is a Senior Policy Counsel at the American Immigration Council.

Are You Considering Bankruptcy? What You Need to Know

BY 311BANKRUPTCY.COM

When thinking of filing for bankruptcy, understanding the bankruptcy process and the available options can be challenging. This article provides general information, not legal advice, to simplify things for you.

What Is Bankruptcy?

This is a common question when facing financial challenges. Life happens, and factors such as illness, divorce, foreclosure, or job loss create financial hardship. Filing for bankruptcy is a significant financial decision that can have long-term consequences. Before proceeding, it's crucial to understand several key aspects:

Types of Bankruptcy: There are different types of bankruptcy, but the most common

ones for individuals are Chapter 7 and Chapter 13. Chapter 7 involves liquidating assets to pay off debts, while Chapter 13 involves creating a repayment plan to settle debts over time.

Impact on Credit: Bankruptcy can severely impact your credit score and ability to obtain credit in the future. A bankruptcy record typically stays on your credit report for several years, making it harder to qualify for loans, credit cards, or favorable interest rates.

Assets and Exemptions: Certain assets may be liquidated to pay off debts, depending on the type of bankruptcy you file. However, some exemptions allow you to keep essential assets like your home, car, and personal belongings. Understanding these exemptions is crucial to protecting your property.

Legal Process: Filing for bank-

ruptcy involves complex legal procedures and paperwork. It's advisable to consult with a bankruptcy attorney who can guide you through the process, explain your rights, and represent you in court if necessary.

Debts Discharged: Not all debts can be discharged through bankruptcy. For example, certain tax debts, student loans, and child support payments are usually not eligible for discharge. Understanding which debts can be eliminated and which cannot is essential for managing your financial expectations.

Credit Counseling: Before filing for bankruptcy, you may be required to undergo credit counseling from an approved agency. This counseling aims to evaluate your financial situation, explore alternative options to bankruptcy, and provide education on managing finances effectively.

Long-Term Consequences: Bankruptcy can have longlasting consequences beyond the immediate discharge of debts. It may affect your ability to rent an apartment, qualify for specific jobs, or obtain insurance at favorable rates. Considering these implications is essential when weighing the decision to file for bankruptcy.

Means Test: For Chapter 7 bankruptcy, you may need to pass a means test to determine your eligibility. This test evaluates your income and ex-

penses to assess whether you qualify for Chapter 7 or if Chapter 13 is more suitable.

Post-Bankruptcy Financial Planning: After filing for bankruptcy, engaging in responsible financial planning is crucial to rebuild your credit and regain financial stability. This may include budgeting, saving, and establishing positive credit habits.

Before making any decisions regarding bankruptcy, it's essential to thoroughly educate yourself, seek professional advice, and carefully evaluate your options based on your financial circumstances.

Legal Guidance

Ready to see if bankruptcy is right for you? Consult the Bankruptcy Law Firm of Figeroux & Associates. Call 855-7688845 to schedule an appointment. p

Stop Breaking Women’s Hearts at Work: 7 Ways to Make Workplaces Better for Cardiovascular Health

BY SHANNAN M. GRANT, BARB HAMILTON-HINCH DAYNA LEE-BAGGLEY, JACQUIE GAHAGAN, JESSICA MANNETTE & LEIGH-ANN MACFARLANE THE CONVERSATION

Prominent heart health messaging focuses on the role of lifestyle behaviours (such as physical activity and nutrition) in cardiovascular health. However, the role of social determinants of health (or SoDH) — which include sex, gender, poverty, environment — is also well established. SDoH not only directly impact risk and progression of heart disease, but also health outcomes. Certain types of heart disease are significantly more common in women, compared to men.

Moreover, compared with their non-Black counterparts, heart health for Black women is differentiated by a heavier burden of traditional risk factors, earlier development of the disease and nearly 20 per cent higher rates of cardiovascular mortality.

Women, work and heart health

Canadians spend an average of 7.5 hours per day at work, translating to roughly half of our waking hours. Several researchers have shown a relationship between workplace and heart health. For instance, research has linked increased workplace flexibility (hybrid models, flexible schedule) with lower risk of cardiovascular disease.

Research also shows women

are at higher risk for burnout and psychological, emotional and physical stress in the workplace in comparison to their male counterparts. This disproportionate burden has been attributed to several factors in and outside the workplace, inextricably linked to gender roles, sexism, racism, ageism and misogyny. For instance, women are more likely to experience gender-based violence, assumptions about gender-roles, and higher cognitive and emotional workload in and out of work.

Tobacco

Once again, these burdens are higher in equity-deserving groups, especially for women experiencing intersectional forms of discrimination, such as racism, colonialism, ableism and homophobia.

It should not come as a surprise then that almost 90 per cent of reported stress-induced heart disease — or “broken heart syndrome” — is found among women, and five per cent of women suspected of having a heart attack actually have this disorder.

Women are often the heart of their communities, and assume multiple, and intersecting, gendered social roles. For instance, many balance paid work, with gendered labour in the home and in care-taking roles. To make matters worse, women are then bombarded with wellness and self-management messaging that tells them they are responsible for managing stress and risk in a “healthy” way.

In terms of workplace health, women and equity-deserving groups have been compared to the “canary in the mine.” Canaries were traditionally used in coal mines to detect the presence of carbon monoxide. The bird would succumb to the toxicity before the miners, thereby providing time to take action.

However, psychologists Christina Maslach and Michael P. Leiter make an important point: No one ever declared that the canaries needed to be more resilient or do more selfcare to be less susceptible to the influence of carbon monoxide.

Women make up over half of the population, yet continue to be under-represented in the workplace in several ways, including leadership and positions of influence.

Creating heart-healthy workplaces

Workplaces can have a positive impact on women’s health by ensuring knowledge about women and heart disease is translated

into actions that support prevention and treatment. Here are seven evidence-based recommendations for co-creating heart-healthy workplaces:

1. Flexible hours: Inflexible work schedules have been shown to increase stress for women and families — including stressors transmitted to children. Effective “flex hours” initiatives (for example, flex hours to support physical activity) show positive impact on workers’ heart health, physical activity and sleep patterns, especially in adults ages 45 and older and for those who had increased cardiovascular disease risks.

2. Flexible hybrid work models: Evidence on hybrid work models has grown exponentially since March 2020. It appears that when using a non-fixed, worker-led approach, hybrid work models can increase productivity, workers’ locus of control and support flexible hours. Research supports that women are more likely to use this option, when offered, but also highlights that when employers fail to monitor impact, or properly design jobs for hybrid and remote working, hybrid work models can augment gender pay and promotion gaps.

3. Invest in psychological safety: A psychologically safe workplace is where employees feel comfortable taking risks and being themselves without fear of judgement, lateral violence (for example stonewalling, bullying) or negative consequences. Psychological safety is positively associated with workplace engagement, innovation, job performance and job satisfaction — all desirable outcomes for institutions, organizations, the bottom line, clients and the community.

4. Offer health benefits: Mandatory benefits, also known as statutory benefits, are required by Canadian employment law. They include provincial health-care coverage, pension contributions,

Research shows women are at higher risk for burnout and psychological, emotional and physical stress in the workplace in comparison to their malecounterparts.

Stop Breaking Women’s Hearts at Work/ continued from page 16

in and out of work. Such programming has been associated with workplace satisfaction, productivity and favourable health-related outcomes. Additional examples of health promotion include health risk appraisals, lunch and learns, flexible and inclusive leave options, and time off for leisure activities, spiritual practices, volunteering or community engagement.

5. Engage in collective conflict resolution strategies: Evidence supports that collaborative conflict resolution approaches, like mediation, can provide a positive learning opportunity for those involved. This encourages workers to find a solution together, rather than via formal disciplinary action, where the root causes of conflict often go unaddressed.

6. Commit to policy, procedure and protocols that combat ‘isms’: Ibram X. Kendi’s book, How To Be An Antiracist, provides rationale and

employment insurance, survivor insurance and workers’ compensation insurance. Supplementary benefits help attract and retain workers. Examples include dental care, medication insurance, disability insurance and many complementary medicine services. These supplementary benefits have been associated with improved health outcomes, and reduced chronic disease risk.

7. Invest in programs supporting health promotion: In addition to the examples above, workplaces can invest in programming that supports health-promoting behaviours

Rather than waiting until the canary in the workplace coal mine expires, evidence shows there are options available to integrate health and safety strategies that achieve measurable benefits to enhance the overall health and well-being of workers, their families and the community.

examples for how to ensure policy and procedures are antiracist. Adopting this approach requires a significant, but worthwhile investment, learning and unlearning, but gains can be made through small changes. Workplaces can also adopt policies that combat other forms of discrimination, including ageism and sexism. For instance, several employers have started to encourage applicants to report “stay at home mom” as part of their work experience, and the several transferable skills this experience offers.

Rather than waiting until the canary in the workplace coal mine expires, evidence shows there are options available to integrate health and safety strategies that achieve measurable benefits to enhance the overall health and well-being of workers, their families and the community.

In acknowledging that factors like the built environment, social and health systems, and outdated policies are the problems needing to be addressed — rather than people, including women, those living with disability, and equity-deserving groups — we take a step towards healthier, safer and more accessible workplaces.p

Friends are Saying ‘I Do’ – But Might Not Understand the Legal Risks of Their Platonic Marriages

BY NAUSICA PALAZZO THE CONVERSATION

When a couple decides to tie the knot, they’ll often say they’re marrying their best friend.

But what if two actual best friends – no sex or even romantic feelings involved – just decided to get married?

Friends, The New York Times reported in 2021, are starting to “marry in a platonic fashion, swearing never to leave each other for better or for worse.”

These “nonconjugal couples” – mutually supportive relationships of friends or relatives that lack a sexual component –

are powerfully challenging dominant social and legal norms around what constitutes family.

I’ve recently written about how these nontraditional couples could one day gain legal recognition – and thus tax breaks and couple benefits – in the courtrooms of the U.S., Canada and Europe.

But legal recognition, as of today, doesn’t exist. So there are risks in saying “I do” to a friend.

The legal pitfalls of platonic marriages

Two friends can get married for a host of reasons.

They might not believe in the

traditional heterosexual family and wish to challenge it. They might simply think that their best friend is the person they want to share chores, meals and finances with. Or they might also believe that, as lawabiding taxpayers, they should also be able to receive the family benefits that other married couples receive, like filing their tax returns jointly.

At the moment, though, friendship is not recognized by law. And only a handful of states allow friends to gain legal recognition through registration as domestic partners. These include Maine, Maryland and Colorado.

However, any two consent-

ing adults – regardless of their genders – can get married in the U.S. Two friends, therefore, can pretty easily pull it off. But

they can’t admit that they’re only friends.

Legally speaking, it could be seen as a sham marriage.

For this reason, two friends who tie the knot and receive a marriage certificate can still face considerable risks. They expose themselves to criminal sanctions and civil penalties on grounds of “marriage fraud” if a federal or state agency becomes suspicious of the union. And they may also be denied benefits usually granted to married couples.

Kerry Abrams, the current dean of Duke University School of Law, has outlined different doctrines developed in welfare law, social security law and immigration law over the course of the 20th century to specifically detect fake or sham marriages. Whether it’s two people tying the knot so one can gain citizenship, seeking to obtain a housing allowance or getting married ahead of a trial so they can’t be forced to testify against one another, the conclusions of the courts are the same: Their marriage is a sham, and the individuals expose themselves to criminal or civil liability and a termination of benefits.

Detecting a sham marriage isn’t easy. And courts acknowledge that there are many reasons that may motivate a person’s decision to marry that aren’t “romantic,” such as a desire to file income jointly to gain tax exemptions.

Therefore, courts look at whether there is what they call a “specific illicit purpose.” As a judge wrote in his ruling in a case about a couple that fraudulently got married to gain a continued on page 19

Since there’s no romantic relationship, judges are likely to default to ruling that platonic marriages are an attempt to game the system.

18

housing allowance:

“It is not the absence of a perfect or ideal ‘love, honor, and cherish’ motivation of the parties that renders the consequences flowing from the appellant’s actions in the case before us criminal; rather, it is the affirmative presence of a singularly focused illicit one – an intent to fraudulently acquire a government payment stream –that does so.”

Two married friends will need to demonstrate before courts that they did not have a “singularly focused illicit” purpose of acquiring some sort of government benefit. But they’ll have a hard time doing so. That’s because when courts seek to understand whether the couple intended to live together as husband and wife, they’ll be assuming the family norm in which the couple has a sexual relationship.

ince there is no romantic relationship, judges will likely default to arguing that the friends got married only to game the system.

Can the Constitution help?

At the constitutional level, there is this one decision that might lend some hope to nonconjugal couples: Department of Agriculture v. Moreno, also known as “the hippies case.”

The Moreno case concerned a group of impoverished, unrelated people living under the same roof who, at some point, were denied food stamps by the government. The government argued that its goal was fraud prevention: In its view, households with unrelated people – such as friends – are more likely to commit fraud to illegally obtain government benefits.

The Supreme Court, however, ruled in favor of the household in 1972. It concluded that minimizing fraud is a valid interest, but that the government could do so through other, more specific measures, instead of just denying benefits to a whole group of people. However there are two problems with using this decision as a precedent for opening the door to allow two friends to marry. First, the outcome was largely driven by what the Supreme Court deemed the “cynical” motives of the legislature, which, in amending the law, had singled out “hippies” as undeserving of food stamps.

It’s pretty easy for two friends to get married –they just can’t admit that they’re only friends. Second, it isn’t about marriage, per se; it’s about who can gain access to one specific legal benefit: food stamps.

So I would argue that the constitutional decision that says something about the fate of platonic marriages is not Moreno, but Obergefell v. Hodges, the Supreme Court judgment on same-sex marriage.

The idea of marriage Obergefell puts forth is one founded on rather traditional family norms. The plaintiffs in the Obergefell case – a gay couple – were, in every way aside from their same gender, congruent with what most Ameri-

cans understand a married couple to be. Their relationship was sexual, exclusive, romantic, nuclear and involved two people. They were also committed to each other for life.

To show that same-sex marriage is a subset of the broader fundamental right to marry, LGBTQ litigators chose to reinforce preexisting norms of marriage and family. They marshaled evidence showing that a gay or lesbian couple had the same ability to love, be intimate and raise children. Friends do not necessarily adhere to these norms: They are not intimate, and they are not necessarily interested in raising children, though some of them are.

Ironically, it seems that LGBTQ activism has made it much harder for other nontraditional families to gain access to marriage. Polyamorous and polygamous relationships are among them.

And, yes, friends, too.p

Nausica Palazzo is a Postdoctoral Fellow in Comparative Law, Hebrew University of Jerusalem

Platonic Marriages/ continued from page

Jobs & Recession

Being a Paralegal in New York

BY THE CHAMBER COALITION

Being a paralegal is a rewarding and challenging career within the legal field. Paralegals, also known as legal assistants, play a crucial role in supporting lawyers and law firms by conducting legal research, drafting legal documents, organizing files, and assisting with case management. Here are some critical aspects of being a paralegal:

Legal Research: Paralegals often research to gather information relevant to cases. This can involve reviewing statutes, regulations, case law, and other legal documents to support attorneys in preparing for trials, hearings, or other legal proceedings.

Document Drafting: Paralegals assist attorneys in drafting various legal documents, including contracts, pleadings, motions, and briefs. They must have strong writing skills and attention to detail to convey

legal arguments and information accurately.

Case Management: Paralegals help manage cases by organizing files, maintaining calendars, scheduling appointments, and coordinating communication between attorneys, clients, and other parties involved in the legal process.

Client Interaction: Depending on the firm and the specific role, paralegals may interact with clients to gather information, provide updates on case progress, and assist with inquiries or requests.

Specialization: Paralegals may specialize in specific areas of law, such as corporate law, real estate, immigration, bankruptcy, family law, or intellectual property. Specialization often requires additional training or experience in a particular legal area.

Ethical Considerations: Paralegals must adhere to ethical

guidelines and maintain confidentiality regarding client information and privileged communications. They work under the supervision of attorneys and must follow ethical standards set by legal professional organizations.

Continuing Education: Keeping up with changes in laws, regulations, and legal technologies is essential for paralegals. Many pursue continuing education courses, certifications, or advanced degrees to enhance their skills and stay current.

Teamwork: Paralegals collaborate closely with attorneys, legal assistants, and other professionals to ensure cases proceed smoothly and efficiently. Strong communication and teamwork skills are essential for success in this role.

Being a Paralegal in New York

In New York City, you generally do not need a specific degree to work as a paralegal. However, most employers prefer candidates who have completed a formal paralegal studies program or have a bachelor's degree in a related field such as criminal justice, political science, or pre-law. While a degree or certificate in paralegal studies is not always required, having one can enhance your job prospects and may qualify you for higher-paying positions or advancement opportunities within the legal field. Ultimately, the specific educational requirements for paralegal positions in New

York City can vary depending on the employer and the nature of the work. It's essential to research job postings and consult with professionals to determine the educational qualifications and skills needed for the paralegal positions you're interested in pursuing.

The Chamber Coalition offers an outstanding Certificate Program at an affordable price of $550, that can provide you with the necessary knowledge and skills to work as a paralegal. Some topics include legal research, writing, immigration, family, and access to CALI, which law schools use. You also get additional certificates from CLIO and Lexis Nexis.For more information, visit www.freeparalegal.org

Overall, being a paralegal requires a combination of legal knowledge, organizational skills, attention to detail, and professionalism. It offers opportunities for career growth and advancement within the legal profession.p

Union Members Help Secure Decisive Victory for Labor's Candidate Tom Suozzi

BY AFL-CIO

QUEENS: “The New York City Central Labor Council, AFLCIO is proud to congratulate our friend Tom Suozzi on his successful election in NY’s Third Congressional District,” said NYC CLC President Vincent Alvarez following the victory in Tuesday’s special election. “Union members in Queens know that Tom has been a champion for working families throughout his entire career in public service, including during his time spearheading the House Labor Caucus. We know that we can count on Tom to continue fighting for policies that help all workers and supporting organized labor as the most effective means of building a strong middle class.”

“We also extend our thanks to the hundreds of New York City union members who helped us get out the vote.

Electing Tom Suozzi back to Congress isn’t just a victory for residents of the Third Congressional District, but the entire New York City Labor Movement.”

New York City union members made more than 50,000 calls and knocked on nearly 10,000 doors in Queens alone, in a member-to-member campaign that saw action by 86 different NYC CLC local union affiliates.

“Our members throughout NYC and Long Island have come together to help win this election for working people,” said Dennis G Trainor, Vice President, CWA District 1 “We have five Locals that played a huge role in this election and it’s been inspiring to be part of such a huge effort with our Union family. With Tom Suozzi in office, we know that we have a labor champion representing us in Congress!”

“Congratulations, Tom

Suozzi. We need you in Washington. You will be a voice for educators and working families. Together we will fight for New Yorkers and this country," said Michael Mulgrew, President of the United Federation of Teachers

“As a constituent of the third district, I couldn’t be happier to see the victory of our good friend, Tom Suozzi in today’s election,” said Dave Bolger, Business Manager, Mason

Tenders District Council

“And as a union representative, in today’s trying times where workers are perennially under attack, it is an honor and a privilege to have helped return a great friend of organized labor to the House! The Campaign slogan was “let’s fix this.“ Today we took a leap forward towards fixing the problems of America, starting right here in Queens and Long Island!”

“Congressman Suozzi was the right candidate for this district and is the right person for this moment in our country,” said Christopher Erikson, Business Manager, Local Union No. 3, International Brotherhood of Electrical Workers. “Our members came out in force to vote for Tom and to support his campaign because he was Labor’s candidate and will represent us admirably while getting Washington back on track.”

“32BJ SEIU congratulates our friend, Tom Suozzi, on his successful re-election in NY’s 3rd Congressional seat,” said 32BJ SEIU President Manny Pastreich. “Tom’s sterling record of fighting for working New Yorkers coupled with his deep roots in the district made him the ideal candidate for not just our members, but union members across the district. We could not be prouder to have endorsed Tom and are thrilled continued on page 22

Photo courtesy: NYC CLC

Photo courtesy: AFL-CIO

Labor's Candidate Suozzi/ continued from page 21

that the 3rd Congressional district will be represented by a pro-worker and experienced candidate who can deliver results for this constituency.”

“This win for Tom Suozzi is also a win for labor and working families on Long Island and in Queens. Suozzi has a record of delivering for working people and will be a voice in Congress for our patients, communities, and quality healthcare,” said NYSNA President Nancy Hagans, RN

“Tom has been a true supporter of the labor movement and knows the value unions provide to middle-class working families. He has repeatedly shown his commitment and determination to those he represents. We know we can count on Tom to be an outspoken voice going forward as he works with organized labor to advance legislation and policies we need for those we represent,” said CWA Local 1180 President Gloria Middleton

“TWU Local 100, representing 46,000 workers who operate and maintain the NYC transportation system is looking forward to having Tom Suozzi return as the House Representative for NY Con-

gressional District 3,” said Local 100 President Richard Davis. “We deserve strong leaders in Congress that will protect the rights of the people and advocate for transit workers. Tom has been our partner in the labor movement and is willing to govern to protect our core values. That is why we stand in solidarity with Tom!”

"I was honored to endorse Tom Suozzi for Congress in the 3rd Congressional District on behalf of SMART Sheet Metal Workers' Local Union 28,” said Eric Meslin, President and Business Manager, SMART Local 28 Sheet Metal Workers. “As the President and Business Manager of our union, I place great importance on addressing the concerns that matter to our members. These concerns include improving wages and benefits, apprenticeship programs that provide long-term career opportunities, implementing stricter safety regulations, and advocating for fair prevailing wages that have been overlooked for far too long. Tom Suozzi aligns with our vision and has demonstrated a consistent dedication to fighting for working-class families. He understands the challenges

faced by our members on Long Island and New York City and has actively supported middleclass jobs that keep pace with the rising cost of living in our region. We firmly believe that Tom Suozzi will champion the needs and interests of our union members, and greatly benefit our community."

“The Council of School Supervisors and Administrators congratulates Tom Suozzi on his election to Congress,” said Henry Rubio, President, Council of School Supervisors & Administrators, AFSA Local 1. “Throughout his long career serving these Queens and Long Island communities, he has always been a strong ally to public education and labor unions, and New York City working families were happy to stand with him throughout this campaign. Our school leaders know that he will fight hard to ensure our students receive the resources they deserve.”

“UFCW Local 1500 is excited to have Tom Suozzi back in CD-3 standing side by side with labor and fighting for workers rights,” said UFCW Local 1500 President Rob Newell. “Congressman Suozzi has a proven record of advocacy for union values and we

look forward to working with him again in Congress.”

"Tom Suozzi's career has been dedicated to overcoming Washington's divisive partisan politics on behalf of working people and the middle class,” said Steamfitters Local 638 President Bobby Bartels, Jr “We are grateful to all the members of Local 638 in New York City and Long Island who worked tirelessly these last few weeks on Tom's behalf and congratulate him on his return to Congress where he can continue to advocate for organized labor."

"Labor understands what this election means and our ability to message voters and get out our members, their family members and friends made a difference in Northeast Queens and Nassau,” said ATU1056 President/Business Agent Luis Alzate

“Congratulations Tom, it’s

good to have you back,” said Gregory Floyd, President, Teamsters Local 237 and Vice President at-Large on the General Board of the International Brotherhood of Teamsters. “On behalf of working families, and especially among Teamsters--who, with your cosponsoring of the Butch-Lewis Act were saved from an estimated 60% reduction of hardearned pension benefits for active members and retirees-know that we look forward to continuing our collaborative effort in the fight for fairness and dignity in the workplace. Congratulations too, to the voters of the Congressional District 3 who can now be assured that experience and integrity has returned and their representation in Washington is once again a source of pride and a promise of accomplishments in the future.”

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Photo coutesy: Suozzi