Workers' World Today - Issue 8 by IQ INC.

INSIDE

May 2020 The HEROES Act: Relief for Millions of Immigrants ... 17

Taking Care of the Elderly, Ill and Disabled ... 7

If You Have Pets ... 20

Issue #8

Essential Workers Are at the Heart of a Diversifying Working-Class America

BY WENDY FELIZ

he coronavirus pandemic has highlighted the importance of essential workers in keeping America up and running.

First-responders, medical staff, meat packers, and domestic, hospitality, and transportation workers have been feeding, caring for, and moving us forward for years. It’s time for the working class in

America to be recognized and rewarded for their labor. Yet, who makes up the working class in the United States today? We often think of the working class as the “white, male manufacturing archetype.” However, today’s working class is largely made up of immigrants, women, and people of color. It is far more diverse than the working class of the past. People in the working class not only look different than previous generations, but the nature of their work has changed too. The working class of today are more likely to be “serving and caring” for people than to be “making stuff.” Members of the working class are also more likely to be women, immigrants, continued on page 6

Hot Topics and News You Should Know About

Law Enforcement on Unlawful Evictions ...page 18

ANA Extends Nurses’ Week to a Month of Recognition ... 6

How Some New Yorkers are Coping with Mental Illness ... 23

Labor-Related News - Nationally & Locally

What You Need to Know to Vote in NY’s June Primary ... 26

The Freelancer Isn’t Free Act Is Important More Than Ever ... 16

‘Last Responders’ Play Vital Role in Pandemic ...15

BY REID KRESS WEISBORD & DAVID HORTON

THE CONVERSATION

s the coronavirus pandemic sweeps through the country, more people may find themselves in urgent need of an estate plan. But according to one recent survey, 68% of Americans do not have a will. We are law professors who teach and research trusts and estates. We recently studied some of the estate planning impacts of the coronavirus and concluded that, in many states, the law is not prepared to address the sudden spike in demand for selfmade wills. continued on page 8

How to Fix a Fight in a Relationship ... page 22

Trump's Labor Secretary Encourages Employers to Report Workers Who Fear Contracting COVID-19

D TWU 10-Point Transit Plan for a Reopened New York ... 10

68% of Americans Do Not Have a Will

uring a global pandemic, instead of focusing the Labor Department's resources on protecting workers, President Trump's Labor Secretary Eugene Scalia is encouraging emcontinued on page 6

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May 2020

It was the labor movement that helped secure so much of what we take for granted today. The 40-hour work week, the minimum wage, family leave, health insurance, Social Security, Medicare, retirement plans. The cornerstones of the middle-class security all bear the union label.

—President Barack Obama

Contents In Solidarity: Vaccine at ‘Warp Speed’? Let’s Think About It, Mr President.........................................................................3

Coping With Mental Illness During the COVID-19 Pandemic ...23

Education Nearly 180K Students Slated for Summer School Remote Classes...................................................................8

Conversations... 25 When Reporting Domestic Violence Means You Get Investigated for Child Abuse

When Gov. Andrew Cuomo put the state on pause, calls to the National Alliance on Mental Illness of NYC’s helpline hit fast-forward. “We’re seeing the emotional and psychological toll that living through this pandemic is taking on people,” said Matt Kudish, the 40-year-old group’s executive director.

Workers’ Matters National COSH Releases Guidelines for a “Safe and Just Return to Work”.....................................9 Workers’ World Bill to Compensate Families of Essential Workers Who Have Paid the Ultimate Price..................................12 Workers’ Safety The Non-Essential Essential Worker..............................13 Love, Health & Travel Conflict Resolution: How to Fix a Fight In a Relationship.................................................................19

From Worker to Business Owner... 14 4-Step Entrepreneur’s Guide to Surviving COVID-19

Love, Health & Travel If You Have Pets................................ ................................20

COLUMNS Civil Rights ... 4 “To benefit both communities and police, the criminal justice system must acknowledge historical and institutional biases that target, alienate, and punish people of color and other vulnerable populations.”

Labor History: May 16, 1979 Black labor leader and peace activist A. Philip Randolph dies. He was president of the Brotherhood of Sleeping Car Porters, first Black member of the AFL-CIO executive board, and a principal organizer of the 1963 March on Washington.

Love, Health & Relationships ... 24

Back to Basics: Understanding the World’s Most Common Cancer

— Rashall Brackney, Chief of Police for Charlottesville, Virginia

Family: The True Modern Relationship ... 11 Screen Time: What Research Says and What Parents Can Do While digital devices are the norm, and children can certainly use them to their benefit, parents can also help children learn healthy digital habits.

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May 2020

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In Solidarity

Vaccine at ‘Warp Speed’? Let’s Think About It, Mr President BYJANE M. ORIENT, MD

T Supports Workers’ World Today

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

he U.S. government has decided to get tough on naps. Although sleeping at work has long been frowned upon for federal employees, it had never been explicitly banned until now. The idea of moving at “warp speed” probably resonates with Star Wars fans. A galactic empire is impossible if it takes 100 years for a signal, much less a warship, to move from one system to another at the universal speed limit, 186,000 miles per second, the speed of light Serious science fiction lovers know that the warp drive does not traverse space at faster-than-light speeds. It warps space, or leaps through another dimension—it takes a massive shortcut. So, what’s the shortcut for vaccine development? Safety testing? It is impossible to test for long-term consequences without observing recipients for a long time—not a few days or weeks. If experts are worrying about long-term effects of having the disease, why not about the vaccine? If one consequence might be a massive immune over-reaction to a later exposure to the coronavirus, we’d need to await another outbreak. Efficacy testing? One way to test for efficacy is to find an animal model. See whether unvaccinated animals get the disease when deliberately exposed, while vaccinated ones are protected. If this works, you still need to test humans: vaccinate one group, give one group a placebo, and see whether a larger proportion

of the unvaccinated get sick. Normally, you would wait to see how the subjects fare in the real world, where they might get naturally exposed during their usual activities. This takes time. You could speed this up by giving them all a dose of the virus, which might kill some of them. That would be unethical—wouldn’t it? One could test for antibodies, but do they work? Some are asserting that the antibodies that survivors have might not protect them. Why would the vaccine antibodies be better? For one thing, the virus might mutate. Maybe it already has. Then what about production and distribution? How about sinking hundreds of millions of dollars into producing various vaccine candidates, just in case they work? Then you could just waste it all if they don’t. For distribution, why not mobilize the armed forces to quickly vaccinate 300 million people? Our furloughed medical workers might not be up to the job. Might arms be needed if people resist? Incidentally, if everybody gets the vaccine, there’s no control group. Doesn’t the scientific method call for one? Why the hurry? Experts like Tony Fauci and Bill Gates say we cannot go back to work until there’s “a vaccine.” (Note that they did not say “a safe and effective vaccine.”) In fact, we could go back today—if the government were not stopping us. One reason for hurry is that the epidemic might be gone, and the vaccinators couldn’t take the credit. We have no vaccine for the “Spanish” flu of 1918, the “Asian” flu of 1958, or the “Hong Kong” flu of 1968, all of which killed far more than the current pandemic, and

all of which went away. A speedy vaccine, which was developed for the predicted 1976 mass extinction/swine flu pandemic that never was, resulted in deaths and Guillain-Barré syndrome. Humanity survived many waves of far more deadly pestilence before vaccines. The smallpox vaccine may have finally eliminated smallpox, but smallpox lesions were identified in Egyptian mummies from the 3rd century B.C., but not in earlier or later mummies. It re-emerged in the 6th and 7th centuries A.D., disappeared until the 11th century, then after being almost absent for about 300 years re-emerged in the 15th century. In 2020, much has happened with amazing speed: the flattening of the economy, the suspension of civil liberties, the destruction of medical practices. Censorship of any information that the World Health Organization (WHO) doesn’t like, for example about potential game-changers like vitamin D and high-dose vitamin C. The declaration of a new drug remdesivir as the “standard of care” after an underwhelming study was prematurely stopped. The sequencing of the coronavirus genome. Revolutionary experimental DNA and RNA vaccine technologies. Those who were seemingly prescient about the potential of coronavirus—Bill Gates holds a 2015 patent on a coronavirus created with recombinant gene technology, and the Gates Foundation held a crisis simulation modeled on a coronavirus in October 2019—did nothing to shore up preparedness measures such as equipment stockpiles. Fear spreads at the speed of light. After 70 years and 100 million users of antimalarial

TEAM Publisher Workers’ World Today, Inc Editor-in-Chief Pearl Phillip Contributing Writers Marilyn Silverman Charles Tabasso Victoria Falk Erin Telesford Jennine Estes, MFT Travis Morales Mary Campbell Janet Howard Legal Advisor Brian Figeroux, Esq. Telephone 1-866-435-3286 Email info@workersworldtoday.com Visit us at www.workersworldtoday.com

drugs with remarkable safety, FDA is inspiring fear of heart problems from using hydroxychloroquine or azithromycin for COVID-10—but don’t worry if it’s for lupus, rheumatoid arthritis, or malaria. We need an immediate return to letting doctors practice and letting people work. They need accurate information, so they can make prudent decisions about protecting themselves and their loved ones. We need an immediate end to the dictatorial influence of a few long-entrenched “experts” or media giants, and investigations of conflicts of interest with all deliberate speed. What we do NOT need is panic-inspired warping of safety testing.p Jane M. Orient, M.D., Executive Director of Association of American Physicians and Surgeon. She is the editor of AAPS News, the Doctors for Disaster Preparedness Newsletter, and Civil Defense Perspectives, and is the managing editor of the Journal of American Physicians and Surgeons.

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May 2020

Civil Rights

Civil Rights, Law Enforcement Leaders Urge Police to Protect Public Health while Safeguarding Rights

ASHINGTON: Noting an increase in discriminatory policing practices during COVID-19, The Leadership Conference Education Fund released principles that provide actionable recommendations for law enforcement agencies across the country to better protect the health and safety of communities and officers during the pandemic and beyond. The principles, Public Safety During COVID19 and Beyond: Recommendations for Protecting Public Health and Our Civil Rights, received endorsements from more than 100 civil rights organizations and law enforcement groups, including The Leadership Conference on Civil and Human Rights, Law Enforcement Action Partnership (LEAP), Carmen Best, Chief of the Seattle Police Department, Washington and Rashall Brackney, Chief of the

Editorial credit: a katz / Shutterstock.com

Charlottesville Police Department, Virginia. “This crisis risks further criminalizing already marginalized communities, especially communities of color, but it has also forced us to revisit policing priorities and practices,” said Vanita Gupta, president and CEO of The Education Fund. “These principles can help law enforcement agencies root out discriminatory, outdated, and unsafe policies and practices amid this pandemic, and replace them with ones that pri-

oritize public health, equity, and accountability. We urge police departments around the country to adopt this roadmap to achieve equitable and effective policing practices that advance public safety.” “A global pandemic is a public health issue, not a criminal justice one,” said Carmen Best, chief of the Seattle Police Department, Washington. “Police departments across the country, including Seattle, have done so much work to build trust in our communities, we must be thoughtful in the role

we play in protecting the health of community members and officers. Our role as law enforcement officers includes protecting the civil rights of every community member, and that doesn’t change during a pandemic.” “Public health and public safety are not competing priorities,” said Rashall Brackney, chief of the Charlottesville Police Department, Virginia “To benefit both communities and police, the criminal justice system must acknowledge historical and institutional biases that target, alienate, and punish people of color and other vulnerable populations. The coproduction of public health and safety mandates a shift in power and perspective from an authoritarian lens to one of responsibilities. shared COVID-19 is devastating our black communities; the policing profession cannot continue to carry the contagion of

racism for which our country has no vaccine.” “Public health and public safety are not competing priorities,” said Rashall Brackney, chief of police for Charlottesville, Virginia. “To benefit both communities and police, the criminal justice system must acknowledge historical and institutional biases that target, alienate, and punish people of color and other vulnerable populations. The coproduction of public health and safety mandates a shift in power and perspective from an authoritarian lens to one of shared responsibilities. COVID-19 is devastating our black communities; the policing profession cannot continue to carry the contagion of racism for which our country has no vaccine.” “Every police officer worth his or her badge got into this profession to help people, not continued on page 6

May 2020

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May 2020

Issues

ANA Extends Nurses’ Week to a Month of Recognition

ILVER SPRING, MD: Honoring our nation’s nurse heroes is more profoundly significant than the American Nurses Association (ANA) anticipated when we extended the traditional National Nurses Week to a month of recognition in May. The COVID-19 pandemic quickly shifted the focus from the Year of the Nurse and Midwife, but now more than ever we must support and recognize nurses who work with courage and compassion and under extremely challenging circumstances. The month will be divided into four weekly focuses: WEEK 1 SELF-CARE (May 1– Trump’s Labor Secretary continued from page 1 ployers to report workers who refuse to return to their jobs out of fear of contracting COVID-19. Scalia issued a new guidance this week on COVID-19-related unemployment insurance urging states to have employers report workers for refusing to return to their jobs, saying, "States are strongly encouraged to request employers to provide information when workers refuse to return to

9): Use this week to focus on yours’ and your colleagues’ mental health and physical well-being. WEEK 2 RECOGNITION (MAY 10–16): Now more than ever, it is important to raise the visibility of the critical work nurses do by honoring nurse heroes, innovators and leaders. WEEK 3 PROFESSIONAL DEVELOPMENT (MAY 17– 23): Nurses’ stories are educational, inspirational and healing. Effective storytelling is a vital skill. Learn how to find your storytelling voice. Sign up for the free webinar “Magnifying Your Voice – Use their jobs for reasons that do not support their continued eligibility for benefits. We also strongly encourage states to remind employers and the public about the claimant and employer fraud resources within each state." "When you put a union buster in charge of the Labor Department, workers are the ones who suffer," said Micki Siegel de Hernández, Communications Workers of America (CWA) Deputy Director of Occupational Health and Safety. "During a time when the Labor

Heart of a Diversifying Working-Class America/ continued from page 1

Storytelling to Advance Nursing.” WEEK 4 COMMUNITY ENGAGEMENT (MAY 24–31): Help promote nurses’ invaluable contributions by engaging virtually with your community, educating them on what nurses do, and encouraging support current and future nurses. While continued physical distancing may limit our faceto-face activities, we encourage everyone to think of creative ways to virtually engage and celebrate nurses for their invaluable contributions to our nation and the world.p — American Nurses Association Department should be putting its full efforts into making sure Americans are safe on the job, Scalia is continuing to focus on instilling fear in the workplace, allowing hazardous conditions while shielding employers from liability, and creating more red tape for states trying to get unemployment benefits to people who desperately need them. Trump's administration's actions have been disgraceful and show blatant disregard for workers' lives."p

and people of color, so they unfortunately are also more likely to be marginalized and suffer a variety of inequities. It’s time we fused the mutual struggles of all working people in America. All of these essential workers deserve a standard of living that respect their daily contributions to the nation. And the immigration movement’s support for the working class should not stop with immigrants. Activists must recognize and care that the working class is also comprised of many U.S.-born workers who work alongside the foreign-born. All of these workers are keeping us safe and fed. All of these workers deserve dignity. The meatpackers across America who arrive through refugee programs need healthcare and childcare so they can work. The Latino farmworkers in California and the white factory workers making personal Safeguarding Rights continued from page 4 ple into the justice system,” said Major Neill Franklin (Ret.), 34-year police veteran and executive director for Law Enforcement Action Partnership (LEAP). “The COVID-19 crisis poses a unique opportunity for police and courts to reexamine what’s really important. Our profession stands to gain much respect if we rethink how we interact with people every day, reconsider our proper role in society, and carry these lessons over into the post-pandemic world.” The principles fall under three main categories: Prioritize a Public Health Response to a Public Health Crisis: State and local health agencies should take the lead in enforcing public health orders, not police. Law enforcement can support health agencies through community education and awareness

protective equipment all need healthcare and childcare so they can work. These people are all part of the same working-class America. They are the essential workers we all now praise. They are getting us through COVID-19 because they have always worked to get us through our struggles. This pandemic has definitively shown us that every member of our society is linked. We are only as healthy as the sickest and only as prosperous as the poorest among us. One person’s vulnerability leads to our own. Our fates are inextricably linked. Now we must act to ensure everyone in our nation, regardless of race, class, or immigration status is healthy, fed, cared for, and supported as they move their lives forward. We owe it to every worker in America.p

about the directives and referring community members to social services providers and programs. Practice Fairness, Promote Equity: Police should prioritize bias-free policing policies and practices and stop making arrests and detentions for offenses that pose no imminent harm to others and are not a threat to public safety, including immigration, to the maximum extent possible. Commit to Accountability and Transparency: In addition to holding officers accountable for proper COVID-19 responses, police departments should collect and publish data to learn more for future crises.”p

May 2020

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Elder Care

More Than 1 in 5 Americans are Taking Care of Their Elderly, Ill and Disabled Relatives and Friends BY ERIN E. KENT THE CONVERSATION

’m studying how the COVID-19 pandemic is changing caregiving. Immunocompromised people, seniors with dementia and anyone with a chronic disease are more likely to experience the most severe COVID-19 symptoms. Caregivers face new worries due to the coronavirus, including whether they can they still assist their vulnerable relatives and friends and what they should do if they themselves or someone they live with gets sick. This quandary affects about 21.3% of Americans. The total number of Americans doing this unpaid work has reached an estimated 53 million in 2019, according to the latest data collected by the National Alliance for Caregiving, an advocacy and research organization, and AARP. That number, which excludes people caring

for children without disabilities, is up from 43.5 million, the previous estimate made in 2015. Caregivers support their loved ones and friends by voluntarily performing an array of duties. They help with activities of daily living, such as eating and getting dressed, along with a range of medical needs. They change bandages, make sure the person they’re caring for is taking their drugs and monitor symptoms. The report also observes that more than 6 in 10 caregivers are women, their average age is 49 and about 1 in 10 is a college student. Caregiving under ordinary circumstances could take at least 23 hours per week, with few breaks and little support. With COVID-19 social distancing measures, restrictions on getting more help at home is making caregiving even more challenging. The pandemic is also increas-

ing the toll that caregiving takes on the health and finances of caregivers. And even before COVID-19 arose, about 1 in 4 caregivers were struggling to coordinate health care from multiple providers, up from 1 in 5 in 2015. Almost half have taken at least one financial hit as a result of their caregiving, the new report found. Still, until now the government hasn’t done much to support caregivers. Congress did work some funding for them

into the $2 trillion relief package known as the Coronavirus Aid, Relief and Economic Security (CARES) Act – $100 million for services to support caregivers but the exact details remain to be seen. Several organizations provide caregivers with resources and guidance on people caring for others who have contracted COVID-19, but advice is not enough. I believe that health care systems ought to take steps to make sure that caregivers are

adequately protected with the masks and other personal protective equipment they need at home, and have access to telehealth services for their loved ones and check-ins from clinicians who can ensure they have what they need to take good care of themselves.p Erin E. Kent is an Associate Professor of Health Policy and Management, University of North Carolina at Chapel Hill. Kent is also on the Research Advisory Board for the National Alliance for Caregiving.

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May 2020

Education

Nearly 180K Students Slated for Summer School Remote Classes

68% Do Not Have a Will continued from page 1 Dying without a will The downsides of dying “intestate” – without a will – are well documented. Intestacy laws generally distribute property at death to the surviving spouse or descendants, a plan that is not necessarily suitable for unmarried couples and other nontraditional families. To avoid intestacy, people may create a will by complying with the requirements of the “Wills Act,” law dating back to an English statute from 1677. A person who creates a will, called a “testator,” must sign the will or acknowledge a previously made signature in front of two witnesses who are present at the same time. Then, the witnesses also must sign the will. Many states discourage people from writing their own wills by insisting on strict compliance with the Wills Act. For example, courts have refused to enforce documents that the testator apparently forgot to sign, instruments signed by one witness instead of two and documents signed by witnesses who only heard the testator acknowledge his signature over the telephone. Public health crises, like the current pandemic, pose additional obstacles. Stay-at-home orders and social distancing can make it impossible to find two witnesses, especially for people who are living alone. Judges have historically required witnesses to be physically present for the testator’s signature, so traditional law regards videoconferencing methods as nonstarters. Wills in the time of coronavirus Some American jurisdictions, however, have relaxed these formalities. About half the states – including California, New Jersey, Pennsylvania, Texas and Virginia – allow testators to make holographic wills without witnesses. Instead, holographs must be entirely in the

BY ALEX ZIMMERMAN CHALKBEAT testator’s handwriting and signed by the testator. However, empirical research shows that handwritten wills are disputed in court more frequently than formal wills drafted by an attorney. Additionally, 11 states have adopted a reform known as harmless error. This rule allows a judge to enforce a writing that does not comply with the Wills Act if there is strong evidence that the testator intended it to be his or her will. This safety valve reassures testators who lack access to professional advice that a minor misstep will not doom their estate planning efforts. Empirical evidence suggests that the rule is not a major source of conflict or litigation. However, because formal wills remain the only option in about half of the states, lawmakers have responded to the current pandemic by issuing emergency orders to permit remote witnessing by video communication. These orders implement ideas from the Uniform Electronic Wills Act, model legislation introduced in 2019 but not yet adopted by any state. One of COVID-19’s lasting legacies might be bringing the law of wills into the 21st century, as states gain experience with electronic wills and ultimately enact permanent laws to permit them after the pandemic.p

Reid Kress Weisbord is a Professor of Law and Judge Norma Shapiro Scholar, Rutgers University Newark. David Horton is a Professor of Law, University of California, Davis

ore than one in six New York City students are expected to attend summer school this year, an indication of the scale of learning loss officials are bracing for as a result of the coronavirus pandemic. City estimates released Tuesday show that almost 178,000 students — or nearly 18% of the district’s enrollment — are projected to be in summer classes that will be offered remotely starting in July. “Any summer, there’s the possibility of learning loss over the summer — that could be a greater challenge in a summer like this,” Mayor Bill de Blasio said. “It’s going to be a huge effort, an unprecedented effort.” Roughly 102,000 students at risk of being held back or who fell significantly behind will be required to attend summer school in grades 3-12 — more than double last year’s number. Another 48,000 struggling students will be recommended to attend summer school, and roughly 28,000 district school students with disabilities across all grade levels are already entitled to year-round schooling. (Officials stressed this year’s summer school figure is not directly comparable to years past because the criteria have been expanded to include more high school students.) The district’s school buildings have been shut down to students since March 18 due to the coronavirus, meaning that by summer, one-third of the school year will have been conducted remotely — a significant disruption to student learning with effects that could be felt for years to come.

Schools Chancellor Richard Carranza and Mayor Bill de Blasio Photo: Ben Fractenberg/THE CITY No In-Person Instruction Some parents, particularly those of students with disabilities, had hoped for some inperson instruction over the summer, but de Blasio’s announcement on Tuesday shut the door to that possibility, suggesting it is not yet safe to reopen buildings. Summer school will run for six weeks in July and August, with students in grades 3-8 receiving instruction for four days each week and high school students and those with disabilities in school five days a week. The effort is expected to cost $83 million and require 6,000 educators to sign up to teach for extra pay over the summer, officials said, with applications opening this week. Elementary and middle school students who are recommended to be held back a grade will be required to attend summer school and will not be promoted if they do not attend. High school students who receive a “course in progress” grade or failed a class earlier in the year will also be required to attend. Officials said decisions about

who will be recommended, but not required, to attend summer school would be left to teachers and principals. “The recommendations for summer school including required attendance and recommended attendance are all based on the teachers’ analysis of the academic progress of the student,” schools Chancellor Richard Carranza said, noting that parent input should be considered, but that caregivers can’t opt their children into summer school unilaterally. Families will be notified in June if their children are required or recommended to attend summer school. Focus on ‘Live Learning’ Officials said there will be some key differences between remote summer school and the distance learning offered during the school year. Instead of discouraging teachers from offering live lessons at an appointed time — seen as a potential hardship for students who were responsible for their siblings or lacked devices — “our focus is to have as much live learning as possible,” Carranza said. continued on page 14

May 2020

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Workers’ Matters

National COSH Releases Guidelines for “A Safe and Just Return to Work”

ofia, a pseudonym for a worker at a Case Farms poultry plant, says, “My co-workers are getting sick and we know this disease can be fatal.” She added, “We want to do our jobs and help feed people during this crisis. But we need to know our employer is listening to us and doing everything possible to make our workplace safe. Right now, that is not happening.” To ensure safety for Sofia — and millions of others who are still working or will return to work in the coming weeks and months — the National Council for Occupational Safety and Health (National COSH) yesterday released a new report: “A Safe and Just Return to Work.” The document, with comprehensive guidelines for workplace safety, worker participation and fair compensation for sick, injured and atrisk workers, was prepared by

experts convened by National COSH. Writers and contributors include certified industrial hygienists, academicians, attorneys, physicians and leaders of non-governmental and nonprofit organizations. “The post-COVID world will be different in many ways,”said Jessica Martinez, MPH, co-executive director of National COSH. “One difference we insist on: Workers must be at the table, actively involved in decisions about

workplace safety—at their own workplaces and when creating local, state and federal guidelines.” U.S. workers are at high risk in workplaces identified as hot spots for the spread of COVID19, including slaughterhouses, nursing homes and prisons. “A Safe and Just Return to Work” calls for the inclusion of workers and their unions on all task forces, commissions and advisory boards established by governors, mayors and other

public officials to establish rules and procedures for workplaces currently operating and those scheduled to re-open. “Unfortunately, both before and during the current crisis, an unequal balance of power in the workplace means that safety often takes a back seat — especially for workers of color, immigrants and others in marginalized communities,” said Martinez. “Fortunately, working people are not accepting the status quo. The risk and horrible consequences of COVID-19 have led to an unprecedented number of walk-outs and other job actions — and in most cases, workers have been successful in winning protections to reduce risks to themselves, co-workers, their families and the public at large.” “COVID 19 is highly contagious and can be deadly,“ said Sherry Baron, MD, MPH, a professor of public health at

Queens College in New York City who assisted in the preparation of the National COSH report. “Employers who adopt a ‘business-as-usual’ approach could cause workers and their family members to become sick or even die. The right way to reduce risk and limit harm is to include workers in making the plan and implementing effective safety programs, based on the best available scientific evidence.” “We need stronger laws — and strong action to enforce our existing right to a safe workplace,” said Jora Trang, president of the National COSH board of directors. “In addition to protective measures that must be in place now for all essential workers, bold measures are urgently needed to address the underlying disparities and injustices that were laid bare by the pandemic.” p

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May 2020

Unions In Action

TWU’s 10-Point Transit Plan For a Reopened New York City The Transport Workers Union of Greater New York, Local 100, and the Transport Workers Union of America Have Jointly Announced the Union’s 10-Point Plan to Enhance Transit Worker and Passenger Safety in a Reopened New York Joint Statement by Transport Workers Union Local 100 President Tony Utano, And Transport Workers Union of America International President John Samuelsen “The Coronavirus has ravaged our country unlike anything we have seen in our lifetimes, killing between 80,000 and 110,000 Americans. New York City has been the epicenter, and no workforce has su昀ered more than transit workers: more than 110 MTA employees have perished, more than 84 of them members of Transport Workers Union Local 100 who operate and maintain the bus and subway system. “TWU Local 100, assisted by the TWU International, has worked with and fought with the MTA on many issues, ranging from the distribution of masks, the separation of riders from transit workers, the homeless problem in the subway and on buses, and tragically, the death bene昀ts to the families of our fallen union brothers and sisters. “New York State is starting to ease some pandemic restrictions. The MTA is making plans to increase bus and subway service. This crisis, however, is far from over. The danger of infection remains, and there is grave concern about a possible second major wave of infections in the fall. “At this critical juncture, TWU Local 100 has drafted a 10-point plan for moving forward, starting with the granting of hazard pay for transit workers.” 1. Hazard Pay – You simply can’t expect transit workers to keep coming to work without 昀rst recognizing the sacri昀ces they have made, the day-to-day conditions they have labored under, and the risks they continue to face in public service. Thanks and praise are welcome, but simply are not enough. 2. Personal Protective Equipment – No mask, no work. Supplies must stockpiled. Larger sizes available to workers. 3. Testing and Tracing – Testing of TWU Local 100 members in large numbers (testing size to be determined by an expert) with the objective of curtailing the spread of the virus by workers who are asymptomatic. Assessment of the tracing sta ng and a determination if there are enough personnel assigned. Hire more if needed. 4. Temperature Checks – Expand the program so any worker can be voluntarily checked before entering the property. 5. Shields – Protective shields completely separating Bus Operators from riders. Barriers that will still allow emergency exiting should also be installed to further isolate Conductors and Train Operators from public passenger areas in the cars where the workers’ cabs are located. A 6-foot no-approach zone painted on train platforms

where Conductors point to the indication board. If a rider enters the zone, Conductors should shut their window. 6. Homeless and Mentally Ill – Humane removal 24-hours a day from the system by police and social workers with referral to necessary services. 7. Reasonable Accommodations – Reasonable accommodations, or assignments, for older workers with pre-existing conditions, including posts inside subway station booths and enclosed security booths. 8. Study, Investigate and Report – Establish an independent panel of medical experts, public health o cials, and other occupational health and safety experts, jointly selected by the union and the employer, to investigate and report on why so many transit workers were infected and died. There should be an interim report on how to improve worker safety with recommendations. 9. Cleaning – Mandatory and scheduled (as recommended by the expert panel) decontamination and disinfection of buses, trains, stations and workplaces. Determine how many more cleaners are needed to be hired and any additional training they may require. 10. Riders Masks – Enforcement of a facial covering rule for riders. No mask, no entry.

May 2020

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Family: The True Modern Relationship

Screen Time: What Research Says and What Parents Can Do

creen time is a hot topic for parents and researchers alike. While digital devices are the norm, and children can certainly use them to their benefit, parents can also help children learn healthy digital habits. Research is still working out the long-term impact of devices on kids. Here’s what’s known so far, and what you as a parent can do about it. • Devices Before Bed = No Sleep: It’s undisputed: when it comes to bedtime, devices are a big no-no. According to Hoag Medical Group, devices are known to emit a specific light wavelength that messes with sleep patterns. Doctors recommend that kids don’t use devices for at least one hour before bed. The fix: At night, stick to the basics. Read to your children or tell them a bedtime story. When they’re old enough to

read to themselves, encourage them to stick with the habit of curling up with a good book before light’s out. • Screen Time Linked to Depression and Anxiety: According to a study published in JAMA Pediatrics, kids who spend a lot of time in front of screens are at a greater risk for emotional issues and low selfesteem. This is in part because the more time kids are spending in front of screens, the less time they’re spending doing healthy activities like socializing or being active. Additionally, certain content can increase anxiety, particularly social media. The fix: Distract kids with fun, thought-provoking alternatives. Whether it’s a trip to the playground, board games or fort-building, putting screens away gives children’s imaginations time to flourish.

start, parents sign up for a free account. After pairing their child’s devices, they’re able to manage them remotely through at-a-touch blocking or automated schedules. It’s great for setting bedtime schedules, ensuring devices don’t cause homework distractions and for enjoying ping-free family dinners. It works on Wi-Fi and all cellular connections, meaning you can manage access whether you’re at the grocery store or at home. To learn more or download, visit OurPact.com. • Verbal ‘Warnings’ Do More Harm Than Good: Every parent knows the struggle of limiting device use. Handing a tablet over is easy enough, but getting it back? That’s when the struggle begins. According to research, giving kids a warning that screen time is coming to an end increases the chances that kids will fight back and defy their limitation.

The fix: Setting clear limits on tech use is not just important, it’s essential. New technology can help you do so much more seamlessly than an idle warning. Think apps that don’t lead kids into the next level of a game or give parents control over kids’ devices remotely. One such tool is a parental control app called OurPact. To

And of course, open the lines of communication about device use with your kids early on, and keep the dialogue going. Explain why screen time rules are important and set a good example. If you don’t want your kid to look at their device in the middle of a conversation, hold yourself to the same rule. (StatePoint)p

May 2020

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Workers’ World

Bill to Compensate Families of Essential Workers Who Have Paid the Ultimate Price

TATEN ISLAND: Congressman Max Rose joined fellow Representatives Jackie Speier (CA-14) and Joe Neguse (CO-02) in introducing legislation to compensate the families of essential workers who die as a result of COVID-19 or related complications. The Essential Worker Pandemic Compensation Act would provide a tax-free death benefit and additional support for the postsecondary education of surviving spouses and children of deceased essential workers. The bill would also provide a cash benefit to essential workers who are hospitalized due to the novel coronavirus and recover. “We owe essential workers more than just gratitude, we must ensure the United States of America will always be there for them and their families if they get sick as a result of their sacrifices,” Rose said. “This legislation is a small measure of America’s enormous debt towards these brave workers, which is why I’m proud to have worked with my colleagues to lead this effort.” “Every time we hear about losing another frontline worker to COVID-19 it tears at our hearts and the nation

mourns,” Speier said. “We understand, as a country, that we have an obligation to these brave and selfless individuals and their families who have also paid the ultimate price while doing work that enables Americans to survive this pandemic. While financial compensation cannot bring back what is lost, it is the least we can do as a society to honor their courage, service, and loss. We must never forget those who have died in the fight against this virus, and we must not leave their loved ones behind.” “Essential workers—from doctors and nurses to grocery store employees and delivery drivers—are the true heroes of this crisis. We are indebted to them and their families for the sacrifices they are making every day, putting their lives

on the line to keep our communities safe. We must ensure we are stepping up for these workers and their families, just as they have done for us, without question, time and again,” Neguse said. “The Essential Worker Pandemic Compensation Act will ensure that every essential worker is compensated for their sacrifice if they are hospitalized or pass away. While financial compensation cannot bring back what is lost, it is the least we can do as a society to acknowledge this debt.” “This proposed legislation should be carefully considered by the Congress,” said Kenneth Feinberg, Former Administrator of the September 11 Victim Compensation Fund of 2001. “It offers a creative approach to recognizing the patriotism, dedication, and

selflessness of those essential workers on the frontline combating the coronavirus pandemic. We are one nation and one community in recognizing their heroism. This legislation is an example of the gratitude of the American people.” The U.S. government has established compensation programs for similar purposes in the past, including for victims of the terrorist attacks of September 11, 2001, and a longstanding program for public safety officers who die as a result of injuries sustained in the line of duty. Building on the experience of these efforts, the Essential Worker Pandemic Compensation Program would: Be supervised by an independent special master. The special master would accept, review, and pay claims by essential workers or their families. Pay a $365,670 death benefit to the survivors of an essential worker who dies as a result of COVID-19 or related complications and offer up to $1,248 per month to cover the costs of up to 45 months of full-time postsecondary education for each surviving spouse and child. Pay half of the death benefit ($182,835) to an essential

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worker who is hospitalized due to COVID-19 or related complications and lives. “Frontline transit workers have been devastated by the pandemic – but without them, America wouldn’t stand a chance against the virus,” Transport Workers Union International President John Samuelsen said. “Transport workers are once again the unsung heroes of another national tragedy. Society has a moral responsibility to do everything it can to take care of and provide for the families of fallen and disabled workers. Thank you to Reps. Speier, Neguse, and Rose for their leadership in looking out for these families and recognizing the sacrifice they have made.” “On behalf of 700,000 federal and D.C. government workers, many of whom are on the front lines of this pandemic, the American Federation of Government Employees strongly supports legislation sponsored by Representative Jackie Speier that would provide families of essential workers who die from COVID-19 or related complications with financial support in recognition of their loss,” American Federation of Government Employees National President Everett Kelley said. “Essential workers are keeping our country running and delivering vital services to the American public despite this global pandemic – and they are doing so at great personal risk to themselves and their families. This includes health care workers and staff at veterans’ hospitals, grocery store workers and those at food manufacturing plants, correctional officers and prison staff, public and environmental health workers, law enforcement officers and first responders, workers across the transportation sector, and those maintaining the defense industrial base. Anyone who sacrifices their life while in the performance of their official duties deserves to know that their loved ones will be cared for.” Payments made by the program would not be subject to federal income or payroll taxes. Essential workers would be defined by the Department of Homeland Security’s Version 3.0 Guidance on Essential Critical Infrastructure Workers.p

May 2020

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Workers’ Safety

The Non-Essential Essential Worker BY MARY CAMPBELL

lthough his job has always been important to him, he never felt essential. Before the pandemic, he would have told you, “Nobody wants my job. Its hard work. I work with garbage.” But he learned during this time of social distancing, when many employees are adjusting to working from home, he still had to commute to work each day because he is an “essential worker”. So essential that they asked him to sleep at the hospital. So essential that he was asked to work overtime. No, he is not a doctor or a nurse. He is that Black man, 5’11” tall, medium brown skin, who you see cleaning the rooms and emptying the garbage. He is not on the “front lines”, but he is still sensitive to the patients’ needs and affected by their suffering. I guess there were not enough masks and supplies to go around. When they distributed them to the doctors and

nurses – that Black man, 5’11” tall, medium brown skin, did not get any. He went to the neighborhood fire department and police department to ask for masks so he could go to work. But I guess the police officers do not remember the Black man, 5’11” tall, medium brown skin, who simply wanted a mask so he could go to work. They see the masked Black male, 5’11” tall, medium brown skin, walking through the projects in the middle of the night. That is a disturbing sight for the police officers who have asked him on multiple occasions, “Hey you, what are you doing outside? Let me see your ID”. He showed his photo ID from the hospital and the police officer told him, “Go home.” Home is a great place to be after traveling on the New York City Subway, after a long day at work, and witnessing angry passengers looking for any excuse to get into a fight. More people than ever are asking for money – but instead of

simply begging for it, they are threatening with their requests. I have not seen for myself, no, I have the benefit of working from home. But that is what I heard from that Black man, 5’11” tall, medium brown skin. Has anyone spoken to that Black man, 5’11” tall, medium brown skin lately? He has a somber look on his face, has lost his appetite, and has stopped caring about his appearance. These are all signs of

depression - if you are paying attention. Was anyone paying attention when he mentioned his close friends who died during this pandemic? Did anyone hear him mourning the losses of his deceased relatives, who have been dead for several years? Was anyone paying attention when he remembered we are approaching the time of the year that he almost died, 2 years ago, in a New York City hospital? When he was sick and needed

emergency treatment, the emergency workers were hesitant to bring him to the hospital because they thought he was under the influence of drugs and alcohol, despite the fact they were told he never used drugs and alcohol. When they got him to the hospital, the doctors discovered he had a massive stroke and was bleeding around the brain. The doctor asked, “Do you know how he wants to die?” Why is it so hard to keep a Black man alive? Who is checking on the “essential workers” to make sure they are okay? Please do not forget that Black man, 5’11” tall, medium brown skin. He is physically and emotionally drained, with signs of depression. Long before New York decided to call him “essential”, he has been an essential part of a family that needs him healthy, safe, and sane. p Let your voice be heard! Send your story to info@workersworldtoday.com

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May 2020

From Worker to Business Owner

4-Step Entrepreneur's Guide to Surviving COVID-19

Summer School continued from page 8

BY DUNCAN ROBIN

o business will be able to outwork or outrun the impacts of COVID-19. So what should an entrepreneur do next? Take the time to GASP, an acronym for the terms: Ground, Assess, Stabilize and Plan. This approach worked well for businesses that survived and thrived during the Great Recession of 2007/8 and other major market challenges. Ground Ground yourself, your family and your team. 1) Slow down enough so you can reflect. This is not the time to take a vacation, but you do need to take a deep breath. 2) Resist your entrepreneurial instinct (to immediately work harder) for an hour or a day. You need time to clear your head before you can respond efficiently and effectively. 3) Work quickly to set up yourself and your family for the new normal. You will need their support and understanding while you navigate through this next business challenge. Assess Once you are in a more settled state of mind, assess your situation. The medical term for this phase is ‘triage’. Assess the vital signs of your patient—your business. 1) Determine how much and from where your business is hemorrhaging cash. 2) Determine the actions your team will need to execute in order to stabilize. 3) Remember, you must preserve cash at all costs. Cash is the lifeblood of your business.

Stabilize Work to stabilize your business quickly. On the cash collection side: 1) Create a list of everyone who owes you money. Make calls to those who owe you. Get in the front of their cash line before they run out. 2) Develop payment plans with those that can’t pay you immediately and work those plans diligently. Know that squeaky wheels get paid faster. 3) Require more credit card payments or cash upfront from your customers. Don’t sell anything with less than a 50% down payment on new sales unless a customer can offer iron-clad payment assurances in this new environment. On the payments side of the equation: 1) Make a list of all your expenses, vendors and your broader payables. Sort them into critical and non-critical. Immediately cancel every service, subscription or order

that is nonessential. 2) Monitor your payables list daily, but only cut checks twice a month. Pay some amount (not the entire invoice) to the most critical first. Don’t pay out more than you have collected. No more payments to anyone unless absolutely necessary. Lease payments? Nope. Bank payments? Only interest. Noncritical vendors? Definitely not. Critical vendors? On a payment plan. Tax payments and employee benefits? Yes! It’s the law! 3) Slow paying will be difficult but expected. Make sure to notify your bank, landlord and vendors that will be impacted. Keep them informed at least monthly. And if you have to cut staff, cut quickly and decisively, but respectfully and humanely. Plan Once you have stabilized the business, take a moment to consider your circumstances within this new world order. Take a fresh look at your market, customers, suppliers,

competitors, available technologies, and internal capabilities. Our challenge, as entrepreneurs, is to recognize and capitalize on opportunities. A turbulent market offers a rare opportunity to gain significant market share. Old habits and loyalties are disrupted. Acquisition costs plummet. So plan your investments and pounce when opportunities open up. Similarly, down markets are often the best time to shed underperforming assets and onerous liabilities inexpensively. Want out of a lease? Now would be a good time to negotiate with the landlord. Need better pricing from your vendors? You may have more leverage now than ever before. Build these actions into your plan, act rationally and with integrity. p Duncan Robins is the President of Assemble and a Guest Writer at Entrepreneur.com

Students will have access to “small group” instruction and can also take advantage of oneon-one support from counselors, social workers, and teachers. There will be a focus on social-emotional learning and other enrichment activities, such as virtual field trips. It’s not clear to what extent summer programming will help students catch up, especially since online instruction is generally less effective than inperson instruction, research suggests, a dynamic that will not change until the fall at the earliest. “As the DOE prepares for remote summer school, it must redouble its engagement efforts, providing individualized support to address the barriers to remote learning that led to the need for summer school for many students in the first place,” said Randi Levine, the policy director at Advocates for Children. Still, de Blasio said he was confident summer school will make a difference. “With every passing week everyone is learning how to do it better,” de Blasio said of remote learning. “It stands to reason you’re going to see additional gains.”p This story was originally published by Chalkbeat, a nonprofit news organization covering public education. This story was originally published on May 19, 2020 by THE CITY.

May 2020

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In the News

Nonprofit Workers Turn to Unions During Pandemic

Hearst Union Wins Big at the NLRB

ncertainty fueled by the coronavirus pandemic has sped up a growing number of nonprofit workers joining unions. From environmental justice organizations to political advocacy groups, nonprofit employees are turning to organized labor to achieve a greater say in how their organizations are run. And unions in turn are capitalizing on the newfound interest to shore up low levels of unionization in the nonprofit industry and provide a boost to their membership. “We know our organization already has high standards and a commitment to things like gender equity, professional development—but we still want that seat at the table, not only for workers’ benefits but also in terms of the direction of the organization,” said Rikki Baker Keusch, an employee at the nonprofit organi-

zation J Street where a union campaign was announced last month. “And also, because of the Covid-19 pandemic, the urgency has really spurred us on.” In a 16-day span last month, seven workplaces announced organizing campaigns with the Nonprofit Professional Employees Union, a local of the International Federation of Professional and Technical Engineers. The local’s number of bargaining units grew 35% in less than a month. “The coronavirus kind of put a little bit of a crunch and pressure on people that I think has motivated them to work a little bit faster and want to organize their workplace unions just because of the uncertainty that the coronavirus presents,” NPEU President Kayla Blado said. p —Via NYC Central Labor Council/AFL-CIO

'Last Responders' Play Vital Role in Pandemic

IX11 recently called attention to the funeral and cemetery workers, members of Teamsters Local 813, who are being called the "last responders," providing a critical service to victims of COVID-19 and their loved ones while handling unprecedented workloads and threats to their own health and safety. “Emotionally, the quantity of deaths that I’m seeing is the hardest part,” funeral director Kim Zamboti told PIX11. “The whole dynamic of fu-

nerals have changed,” said Dan Wright, who represents Local 813 members in the funeral industry, including hearse drivers and grave diggers who handle burials. Speaking of his union members, he said, “They’re almost having to act as policemen to keep people segregated from each other." "They’re front line workers. They’re right there. There’s a great risk,” Wright said. p

Labor Relations Board ruled against each objection it raised to the bargaining unit proposed by the WGAE and ordered a union election. For the next step, the union has asked for the required NLRB election to take place via mail-in ballot for the safety of its members. “This has been a long road and, obviously, these are unprecedented times," said the union's organizing committee. "We appreciate Hearst’s flexibility and communication during this pandemic to ensure our safety, and we hope management will agree with us that a timely mail-ballot election is the only way to conduct a safe and secure vote. We have already organized our union and look forward to finally formalizing it through an NLRB vote,” they added. p

Car Procession for Staten Island’s Essential & Excluded Workers

A Dan Wright, Local 813

Public Arts Funding is a Necessity for the Economy rts and entertainment workers have been amongst the hardest hit in terms of job loss during the COVID-19 pandemic. Actors' Equity Association, the union representing actors and stage managers in live theatre, has seen member employment drop to nearly zero over the past two months. This week, producers announced that Broadway would stay closed at least through Labor Day. The loss of theatre affects the economy at large. Cities with live theatre see boosts to other industries as well, such as hospitality. Arts and entertainment industries normally employ four million workers, and are now suffering catastrophic unemployment rates. p

hen the editorial staff of Hearst Magazines decided to form a union with the Writers Guild of America, East, they expected some resistance from their powerful employer. But Hearst made it clear, early, that it would go to particularly aggressive lengths to try to prevent a union. “They told me, verbatim, that if I didn’t trust them, I didn’t have to work there,” one employee told Intelligencer last November. In December, the WGAE filed an unfair labor practice charge against the company. Last Friday, Hearst’s antiunion campaign received a major blow. The National

car rally procession was held on Saturday, May 16, to thank all essential workers for their sacrifice, support workers who have been displaced during the COVID 19 crisis, and to call upon our City & State Officials, State authorities, as well as, private corporations to support a rational reopening of the economy with adequate social safety nets for ALL workers including; hazard pay and paid sick leave for those left out of the stimulus funds. We are witnessing a moment that will be scrutinized for generations. Inequality building over many years has grown to now unseen levels due to the public health crisis. The COVID-19 crisis and the economic aftermath, including now historic 33.5 million individuals unemployed, calls for a renewed labor movement with demands for a safer and more democratic society. Therefore, it is important that the essential & excluded workforce, those who sacrificed the most, lead the way forward into our new reality. We thank all essential workers from our nurses, medical workers, and first

responders, bus drivers and all transportation workers, warehouse and retail workers, construction workers and day laborers, call center and Telcom workers, our city administrative and enforcement workers, and our teachers and professionals. Workers who heroically risk the health of their families, to fulfill their responsibilities. ALL essential and excluded workers deserve to be recognized. Essential workers have sacrificed the most when all else has failed. Now it is time for their voices to be heard. p —Communications Workers of America Local 1102

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May 2020

Jobs & Recession

The Freelance Isn't Free Act is More Important Than Ever

ay 15 is the third anniversary of New York City’s Freelance Isn’t Free Act, the first law in the country that protects freelancers against nonpayment. We fought long and hard for its passage because we know that client nonpayment is one of the most common — and most frustrating — hazards of the freelance life. The Freelance Isn’t Free Act is a robust set of protections that require clients to use a contract every time they hire freelancers for $800 worth of work (the amount can be accumulated over a four-month period), requires payment within 30 days, and provides legal assistance and an easy claim process managed by the city. In essence, the law places the financial risk on clients, rather than freelancers. If you do the work you were hired to do, clients must pay. It’s that simple. If they don’t, they can be

What if I’m not in NYC but my client is? The Act applies to you! If the hiring party is based in NYC, they fall under NYC jurisdiction and must abide by all city laws. You can file a claim remotely. What if neither of us is in NYC? It’s our goal to introduce Freelance Isn’t Free legislation across the country — no freelancer should feel helpless when a client refuses to pay them what they’re owed. p

held liable for double the amount of your invoice, plus legal fees, and fines for chronic nonpayers. More than ever, we’re hearing from members who are owed money by delinquent clients. While many small businesses are genuinely struggling during the coronavirus crisis, too many large, well-

funded companies are using it as an excuse to avoid paying freelancers what they’re owed. The most common coronavirus-related excuses don’t hold up under the Act. What if I’m in NYC but my client isn’t? The Act may still apply to you, depending on the overall cir-

cumstances of the work, including whether some portion of the work was performed in New York City (which is likely if you live and work in NYC), whether you were hired in New York City, and whether the hiring party has any operations within New York City. You should file a claim.

Get involved If you want to get involved in the fight to bring Freelance Isn’t Free to your city, email advocacy@freelancersunion.org

Article courtesy Freelancers Union. Visit www.freelancers.org

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May 2020

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Old & New Immigrants: Their Rights

The HEROES Act Would Provide Aid to Millions of Immigrants Left Out of Relief BY JORGE LOWEREE

he U.S. House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act on Friday, May 15. The bill directs $3 trillion in stimulus spending and is the latest in a series of bills that Congress has considered in response to the coronavirus. The HEROES Act seeks to relieve some of the devastation caused by the COVID-19 pandemic. It would provide financial assistance, increased medical care, and address other consequences of the outbreak for immigrants and other vulnerable populations in the United States. Prior bills Congress considered, such as the CARES Act, failed to address the needs of millions of noncitizens in the United States. This includes many people on the front lines helping fight the virus.

But the HEROES Act, by contrast, would take a far more inclusive approach. Here’s what you should know about the treatment of noncitizens under the HEROES Act: HEROES ACT Direct Payments Millions of immigrant and mixed-status families across the United States have been prevented from receiving direct payments from the government. This is due to discriminatory provisions included in prior COVID-19 aid packages. These one-time “recovery rebates” were first created by the CARES Act signed into law in March. That bill explicitly blocks payments to noncitizens who lack Social Security numbers but file federal income tax returns using Individual Tax Identification Numbers (ITINs). It also blocks payments to people

who are themselves eligible— including U.S. citizens—for direct payments but file joint returns with a spouse who uses an ITIN. The HEROES Act, by contrast, would provide one-time direct payments to a greater population of low- and middle-income families and adults in the United States. Noncitizens who pay their taxes using ITINs would be eligible for these payments. The HEROES Act would also extend payments to people who file joint returns with spouses who use ITINs.

Approximately 4.35 million people filed their tax returns using ITINs in 2015. And a recent study indicates that 4.3 million adults and 3.5 million children would benefit from this change. Testing and Treatment Under the HEROES Act The HEROES Act would ramp up COVID-19 testing and treatment to all individuals regardless of immigration status. The Act would do this by expanding access to nonemergency Medicaid to many people who are otherwise

barred from participation. The enrollment requirements for Medicaid are complex, and very few immigrants qualify under current law. The HEROES Act would expand access for COVID-19 testing and treatment under Medicaid for Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) recipients, U-visa beneficiaries, and undocumented immigrants alike. This contrasts with provisions in the CARES Act. That bill provided significant increases in funding for Medicaid but failed to expand the eligibility criteria. Immigration Provisions in the HEROES Act The HEROES Act intends to address some of the challenges that immigrants are facing due to U.S. Citizenship and Immigration Services’ processing disruptions. It also aims to adcontinued on page 18

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May 2020

Know Your Rights

AG James Provides Direction for Law Enforcement on Unlawful Evictions During COVID-19 Pandemic

ew York Attorney General Letitia James provided direction to law enforcement departments throughout New York state so they have clear guidance on how to protect the public from unlawful evictions both during the coronavirus disease 2019 (COVID-19) public health crisis and into the future. There is a rising concern that some landlords might begin to take matters into their own hands and attempt to evict tenants themselves in the absence of a court order. New York’s Housing Stability and Tenant Protection Act of 2019 created new protections for tenants, including a new provision that makes it a crime (a Class A misdemeanor) for a person to either evict an occupant from their home without a court order, or to fail to restore an occupant who was evicted without court order.

This new law empowers law enforcement to intervene when encountering unlawful evictions, which provides a welcomed and timely additional layer of protection for tenants as they grapple with the economic challenges presented by the COVID-19 public health crisis. “As the coronavirus rages on, many individuals are experiencing unprecedented financial instability, and it is important for everyone to understand the protections in place to guard against unlawful evictions at such a vulnerable time,” said Attorney General James. “I will continue to work with law enforcement to ensure that no New Yorker is illegally removed from their home during this pandemic.” Attorney General James highlights the following directions for law enforcement responding to unlawful evictions across New

York state: •It is an unlawful eviction if a person evicts or attempts to evict a person by: •Using or threatening the use of force; •Interrupting or discontinuing essential services (i.e. heat, water, electricity); •Removing the occupant’s possessions from the dwelling unit; •Removing the door at the entrance to the dwelling unit; •Removing, plugging, or otherwise rendering the lock on the entrance door inoperable; •Changing the lock on an entrance door without supplying the occupant with a key; and •Any other action which prevents or is intended to prevent the occupant from the lawful occupancy of the dwelling unit, which interferes or intends to interfere with the occupant’s use and occupancy of the dwelling unit, or induces the occupant to vacate. The law protects any person who occupies a dwelling unit (which can be an apartment, a room, or a bed) through a written or oral lease, or who has occupied the unit for at least 30 days from the unlawful eviction, including tenants whose leases have expired, family members who have been in the dwelling unit for at least 30 days, and roommates or other licensees of tenants and occupants who have been in the dwelling unit for at least 30 days. •Furthermore, the law also requires an owner of the dwelling unit to take all reasonable and necessary actions to restore an occupant who has been unlawfully evicted to their unit. Alternatively, the owner can provide the occupant another habitable unit within the dwelling. The Office of the Attorney General (OAG) continues to actively monitor housing practices throughout the state to ensure that unlawful evictions do not occur. OAG has sent cease and desist letters to landlords throughout the state who unlawfully threaten tenants with eviction amidst the COVID-19 pandemic. New York courts are not accepting any new eviction or foreclosure cases. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers.p

The HEROES Act continued from page 17 dress challenges created by the various international travel restrictions implemented by the United States and countries around the world in response to the coronavirus. Immigrants who were lawfully present in the United States when the Department of Health and Human Services declared COVID-19 a public health emergency would be protected from the negative consequences associated with an inability to meet filing deadlines or depart the country on time. The Act would also call upon the Department of Homeland Security (DHS) to extend both temporary immigration status and employment authorization documents set to expire during the national emergency for a brief period. Any immigrant visas that go unused in FY 2020 would be rolled over for use in subsequent years. DHS would be compelled to maintain protections for DACA and TPS recipients for the duration of the period initially granted by the department. This is an important detail given that ongoing litigation could disrupt the lives of the over 1 million people that participate in both initiatives at any moment. The bill does not contain any additional funding for immigration enforcement. It would provide more funding for DHS. But those funds would be directed to the Federal Emergency Management Agency in order to prevent, prepare for, and respond to COVID-19. DHS would be prevented from transferring these funds for other purposes, including immigration enforcement. Coronavirus Relief Must Protect Everyone COVID-19 does not discriminate based on race or immigration status. The pandemic has impacted everyone in the United States. The rapid spread of the virus has made it clear that we must do everything possible to keep everyone safe without regard to immigration status. Prior legislative proposals that exclude millions of people across the country from access to medical testing and treatment—as well as measures intended to address the economic impact of the pandemic—are a disservice to public health and our economic recovery. It is impossible for the government to protect all of us if it refuses to protect some of us.p

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May 2020

Love, Health & Travel

Conflict Resolution: How to Fix a Fight in a Relationship to talk to your partner about the argument. This might seem like rehashing, but to repair your relationship and rebuild a secure attachment it is vital to address the issues that came up and how you both reacted. Remember to own your part in the argument and don’t be “the victim,” blaming your partner for the entire thing won’t fix a fight.

BY JENNINE ESTES, MFT

et’s face it: in the heat of an argument you can say things that are hurtful, passive aggressive, or downright untrue. So can your partner. That’s the bad news. The good news is that it IS possible to pick up after a big blow out and repair your relationship, restoring it to a healthy place. One of the key ingredients to a secure and solid relationship is how you repair after a fight. It may take some time and both partners must be willing to make an honest effort to fix a fight. If you have recently been in an argument with your partner, here are some of my top tips for reconnecting and healing any hurts that have been caused.

Conflict Resolution #1: Take Time to Cool Down Emotions rise during an argument. In order to repair, sometimes a cooling off period is the best way to start. Don’t just leave your house, however. Tell your partner “I need some time to cool off. I am going to go for a walk, and I’ll be back in 15 minutes.” This reassures your partner that you will return and are leaving to cool your head, not because you are

abandoning him/her. By taking a few minutes apart, you can step out of any negative cycles that are happening in the argument. You can also use this time to reflect on your partner’s point of view. Conflict Resolution #2: Address the Issue and Own Your Part Once you have cooled down, whether for a few minutes, hours, or even a day, it is time

I’m done!

Conflict Resolution #3: Be Constructive Use language like, “When you didn’t call to say you were late, I reacted strongly because…” instead of “You’re always late and it’s rude.” This helps your partner understand that a) you acknowledge your role in the disagreement and b) there were underlying reasons for your reaction. It can open your partner’s mind to your perspective instead of making him

defensive or feel like he is “on the hot seat” in the aftermath of the fight. Conflict Resolution #4: Offer Sincere Apologies Did you know that most of the way people react to you is based on body language, tone of voice, and facial expressions? Make sure that you are sincere when you offer apologies. If your partner gets from your body language that you are just apologizing to make the fight go away, it may actually lead to another argument. Repair the relationship with a sincere apology. Communication Tip #5: Create A Prevention Plan Talk with your partner about the next steps to prevent the issue from happening again. This could be agreeing to continued on page 20

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May 2020

Love, Health & Travel

If You Have Pets

e are still learning about the virus that causes COVID-19, but it appears that it can spread from people to animals in some situations. Risk of people spreading the virus that causes COVID-19 to pets CDC is aware of a small number of pets, including dogs and cats, reported to be infected with the virus that causes COVID-19, mostly after close contact with people with COVID-19. Only a few of the pets reported to be positive showed signs of illness. What to do if you own pets Until we learn more about how this virus affects animals, treat pets as you would other human family members to protect them from a possible infection. •Do not let pets interact with people or other animals outside the household. •Keep cats indoors when possible to prevent them from interacting with other animals or

Conflict Resolution/ continued from page 19

people. •Walk dogs on a leash, maintaining at least 6 feet (2 meters) from other people and animals. •Avoid dog parks or public places where a large number of people and dogs gather. There is a small number of animals around the world reported to be infected with the virus that causes COVID-19, mostly after having contact with a person with COVID-19. Talk to your veterinarian if your pet gets sick or if you have any concerns about your pet’s health. Protect pets if you are sick If you are sick with COVID-19 (either suspected or confirmed by a test), you should restrict contact with your pets and other animals, just like you would with people. Until we know more about this virus, people sick with COVID-19 should avoid contact with pets and other animals. •When possible, have another member of your household

care for your pets while you are sick. •Avoid contact with your pet including, petting, snuggling, being kissed or licked, and sharing food or bedding. •If you must care for your pet or be around animals while you are sick, wear a cloth face covering and wash your hands before and after you interact with them. If you are sick with COVID-19 and your pet becomes sick, do not take your pet to the veterinary clinic yourself. Call your veterinarian and let them know you have been sick with COVID-19. Some veterinarians may offer telemedicine consul-

tations or other plans for seeing sick pets. Your veterinarian can evaluate your pet and determine the next steps for your pet’s treatment and care. Stay healthy around animals In the United States, there is no evidence that animals are playing a significant role in the spread of COVID-19. Based on the limited information available to date, the risk of animals spreading COVID-19 to people is considered to be low. However, because all animals can carry germs that can make people sick, it’s always a good idea to practice healthy habits around pets and other animals.p

adopt some different behaviors, such as always texting when you are running late, or bigger steps – like counseling. Create a prevention plan on how you both can avoid going down this path in the future. When there are big traumas in your past or in the relationship, sometimes a counselor can help you fully repair damage from your arguments and learn new patterns for a healthier dynamic moving forward. p Jennine Estes, MFT is a Marriage and Family Therapist in San Diego, CA. Estes is certified in Emotionally Focused Therapy for Couples and writes relationship and self-growth advice for her column, Relationships in the Raw.

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STOP THE SPREAD OF COVID-19! LEARN HOW TO TAKE CARE OF YOURSELF AND OTHERS AT HOME. WHAT ARE THE SYMPTOMS OF COVID-19? • The most common symptoms are fever, cough, sore throat and shortness of breath. Other symptoms include feeling achy, loss of taste or smell, headache, and diarrhea. • Most people with coronavirus disease 2019 (COVID-19) will have mild or moderate symptoms and can get better on their own.

WHO IS MOST AT RISK FOR SERIOUS ILLNESS? • People age 50 or older (people age 65 or older are at the highest risk) • People who have other health conditions, such as: Lung disease Kidney disease Asthma Liver disease Heart disease Cancer Obesity A weakened immune system Diabetes

WHAT SHOULD I DO IF I GET SICK WITH COVID-19 SYMPTOMS? If you are sick with COVID-19 symptoms, assume you have it. When you are sick: • If you have trouble breathing, pain or pressure in your chest, are confused or cannot stay awake, or have bluish lips or face, call 911 immediately. • Call your doctor if you are age 50 or older or have a health condition that puts you at increased risk, or if you do not feel better after three days. • Always contact a doctor or go to the hospital if you have severe symptoms of COVID-19 or another serious health issue. • Do not leave your home except to get necessary medical care or essential food or supplies (if someone cannot get them for you). • If you must leave your home: Avoid crowded places. Stay at least 6 feet from others. Cover your nose and mouth with a bandana, scarf or other face covering. Wash your hands before you go out, and use alcohol-based hand sanitizer while outside. • Household members can go out for essential work and needs but should monitor their health closely.

If you or someone in your home is sick: • Create physical distance: Do not have visitors. Stay at least 6 feet from others.

Sleep head-to-toe if you share a bed with someone who is sick, or sleep on the couch. Keep people who are sick separate from those at risk for serious illness. • Cover up: Cover your nose and mouth with a bandana, scarf or other face covering when you are within 6 feet of others. Cover your cough or sneeze with a tissue or your inner elbow. • Keep it clean: Throw tissues into the garbage immediately after use. Wash your hands often with soap for 20 seconds, especially after you cough or sneeze. Use alcohol-based hand sanitizer if you are unable to wash your hands. Frequently clean surfaces you touch, such as doorknobs, light switches, faucets, phones, keys and remote controls. Wash towels, sheets and clothes at the warmest possible setting with your usual detergent, and dry completely. Do not share eating utensils with others, and wash them after every use.

WHEN CAN I LEAVE MY HOME AFTER BEING SICK? • If you have been sick, stay home until: You are fever-free for three days without Tylenol or other medication and It has been at least seven days since your symptoms started and Your symptoms have improved • Reminder: New York is on PAUSE. This means that even if you have been sick, you should only leave your home for essential work or errands, or to exercise, while staying at least 6 feet from others.

NEED HELP? • If you are having a medical emergency, call 911. • If you do not have a doctor but need one, call 844-NYC-4NYC (844-692-4692). New York City provides care, regardless of immigration status, insurance status or ability to pay. • For more information, call 311 or visit nyc.gov/coronavirus. The NYC Health Department may change recommendations as the situation evolves. 4.20

There are practical tools that everyone can use to improve their mental health and increase resiliency regardless of the situations they are dealing with.

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May 2020

Love, Health & Travel

How Some New Yorkers With Mental Illness are Coping During the Pandemic BY TRONE DOWD, THECITY

hen Gov. Andrew Cuomo put the state on pause, calls to the National Alliance on Mental Illness of NYC’s helpline hit fast-forward. “We’re seeing the emotional and psychological toll that living through this pandemic is taking on people,” said Matt Kudish, the 40-year-old group’s executive director. “We’re seeing calls lasting longer than normal for individuals seeking support,” he added. “We’re hearing from new people, and those who either had mental health challenges in the past or have been caring for someone who does and have noticed some of these symptoms return.” The isolation and uncertainty embedded in the coronavirus crisis offer new challenges to those struggling with mental illnesses as they battle to co-exist with their diagnosis. Cuomo, on Sunday, noted the widespread stress the crisis is placing on New Yorkers. “Don’t underestimate the trauma this has created for people,” the governor said, as he touted the state’s emotional support helpline (1-844-8639314). “We’re going through hell.” THE CITY spoke with New Yorkers whose lives are touched by mental illness about how they’re coping during trying times. Breaking the News Cycle In 2006, Katherine Ponte found herself glued to TV new reports of war in the Middle East. “I couldn’t step away,” said the 50-year-old Upper East Side resident. “There were constant breaking news alerts. I thought what was happening in the Middle East going to spill over into the U.S. And I thought the world was going to end as a result.” Her stress reached a boiling point, culminating in her grabbing a hammer from a toolbox and smashing her TV monitor to pieces. It marked the first time she was hospitalized for the severe bipolar disorder she’d been diagnosed with six years earlier. Looking back, Ponte said her multiple relapses all came

Claire Alvarez of Ridgewood has used the popular Nintendo game Animal Crossing as a way to get her mind off the stresses of staying inside. Photo: Izzy Saff about in similar fashion: global issues invoking a sense that the end of the world was near, followed by a sense of helplessness and frustration. Today, Ponte runs her own online mental illness peer support group called For Like Minds. She said learning how to manage her disorder has prepared her for this moment. But she worries about the impact that the current news cycle is having on others trying to maintain their mental health. “You develop a heightened sense of anxiety over everything that’s going on,” she said. “People with mental illnesses have a difficult time with uncertainty and it can be extremely hard for them to manage.” These days, with constant developments in the battle against the coronavirus, Ponte has limited her news consumption with the help of her husband. “He tells me what I need to know,” she said. “I’ve been very focused on what’s happening in New York State, which is what impacts me most directly as opposed to looking at it from a global perspective.” Solace in Animal Crossing Claire Alvarez has been teaching ESL classes online since mid March when she began working at home. But she’s shied away from remote therapy sessions. “Over the course of this whole thing, I think I’ve realized that I prefer in-person conversations,” said Alvarez, 26, of Ridgewood, Queens. At the age of 13, Alvarez was diagnosed with clinical depression. A little over a decade later, she was diagnosed with borderline personality disorder, which is known to flood the mind with random

thoughts of self-doubt and negativity. Keeping those symptoms under control has proved a major challenge. “With my depression, I’m high functioning, but not in this state,” she said. “Combined with my borderline personality disorder, the two of them are sort of bouncing off of each other at this point because I’m spending so much time alone. I’m trying to get a hold of it during the day, but at night it’s really hard.” But at such a trying time in her life, Alverez said she’s found solace in a trendy pastime that has helped millions of others stuck at home around the world. “I’ve been playing a lot of Animal Crossing on my Switch,” she said. The recently released “New Horizons” edition gives the player a unique island and home to customize to their liking — all while completing simple but addicting tasks such as fishing, bug catching, bartering and socializing with other players. “It’s a nostalgic game for me,” she said, noting she’s been a fan of the series since it began in 2001. “It’s comforting. It’s a great way to kill time. When I play, I can completely relax my brain and focus on this one thing instead of a billion characters and scenes going through my head.” Staying Calm for Family John and his wife are glad to be working out of their Park Slope home for a change, allowing them to support their thirty-something son, who was diagnosed with schizoaffective disorder a decade ago. But now, as before the pandemic, the couple is finding help for the families of mentally ill people scarce.

“Families don’t really have much support in the way of tools,” said John, 60. “When you say your son has schizoaffective disorder, nobody shows up with a lasagna. Nobody says, ‘Okay, what can we do to help this family.’ And they should.” John said the condition affects his son’s ability to “connect to other people.” “It’s a combination of a mood disorder, like bipolar, but also a distorting, delusional disorder like schizophrenia,” he said. “They can become paranoid and they can misread [social] cues very easily. So the world becomes very frightening to them. Typically, people with schizoaffective disorder tend to withdraw and become more solitary, have fewer friendships and fewer connections.” In-person connections with others can become a lifeline for people who suffer from schizoaffective disorder. For John’s son, being surrounded by loved ones, combined with phone sessions with his therapist, has helped him cope during an unsettling time. John said that culturally, America is still grasping the severity and scale of the mental illness crisis and how to properly help those affected. Through his work with mental health groups like the NAMINYC, John and his wife have learned to manage their own mental health as they care for their son. “Siblings and parents and husbands and wives of somebody dealing with these illnesses need to find their own support, and somebody that they can talk to about it,” John said. “That’s really key because when you’re stable and you’re feeling less stressed, you bring a calm into the house for your loved one.”

A Bathtub Refuge Gray, an accountant now working from home in The Bronx, has made his bathtub his new office. He lives with ADHD and autism, and needs to avoid distractions that would cripple his productivity — especially with two roommates also working out of their 400-square-foot studio apartment. “Sometimes all three of us are Zooming at the same time and it makes it harder than ever to focus,” Gray, 42, told THE CITY. “Conversations begin to blur together when there are a lot of people in the room talking at once. I can’t concentrate because my mind becomes hyperactive. Even with headphones, it becomes a chaotic mess.” Gray says he hasn’t struggled with focusing on work since he was a child. As an adult with his own office, he managed his condition well. Then the coronavirus hit. Trying to conduct remote meetings with his colleagues from a bathroom has been an anxiety-inducing exercise. “I feel less professional because I’m just puttering around on the computer at home,” he said. “It’s kind of awkward.” Though he doesn’t do therapy, Gray has found an escape by immersing himself in fiction. “I feel it takes me to a different mental state and I can imagine I’m somewhere else,” he said. “One book I recently read was ‘The Books of Magic’ by Neil Gaiman, and it was very similar to Harry Potter. That kind of totally fake adventure keeps me from dwelling on the weird stuff.” He’s also tried to stay optimistic about his new life under quarantine. “I’m not really super stressed compared to some other people,” he said, noting the severity of the pandemic. “There’s this chart online that tracks how many people are sick, so I’ve been monitoring that. It seems to be going down every day. “I try to think about it going away eventually.”p This story was originally published on May 19, 2020 by THE CITY.

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May 2020

Love, Health & Travel

Back to Basics: Understanding the World’s Most Common Cancer BY ALI VENOSA

ay is Skin Cancer Awareness Month, when interest in skin cancer prevention, detection and treatment is high. Hopefully you’ve learned something new from The Skin Cancer Foundation that can help keep you and your family safe. Skin Cancer Awareness Month is also a good time to go back to basics. Here’s a quick refresher on the major types of skin cancer: how they form, what they look like and their prognoses. Basal Cell Carcinoma Basal cell carcinoma (BCC) is the most common form of skin cancer, with about 4 million cases diagnosed in the U.S. every year. This kind of tumor arises from (no surprises) the skin’s basal cells. These cells line the deepest layer of the epidermis, the outermost layer of the skin. BCCs are uncontrolled growths that can appear as open sores, scars, shiny

bumps or red patches. Following a complete sun-protection strategy vastly reduces your risk of developing BCCs, which are usually caused by a combination of cumulative and intense, intermittent sun exposure. The good news is that BCCs rarely metastasize (spread to other organs). However, if a tumor is not spotted early or properly treated, it can be lo-

cally destructive and cause significant scarring or even disfigurement. People can sometimes lose part of an ear or nose. Squamous Cell Carcinoma Squamous cell carcinoma (SCC) is second to BCC in prevalence, but still affects more than 1 million people in the U.S. every year. These tumors arise from squamous

cells, which are located on the upper levels of the epidermis, and can manifest as scaly red patches, warts or open sores. They may crust or bleed. SCCs are more dangerous than BCCs, as they have the potential to metastasize if not detected and treated at an early stage. Prevention is, again, key — SCCs are mainly caused by cumulative ultraviolet (UV) radiation exposure over the course of a lifetime. The intense UV rays present in the summer months, those reflected off ice and snow in winter, and those coming from indoor tanning bed use all add up, contributing to skin damage that can lead to SCC. Melanoma Melanoma is perhaps the best-

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known type of skin cancer, and for a troubling reason — it’s the most dangerous form of the disease. Arising from pigment-producing melanocytes, melanomas can become very hard to treat and even be fatal if allowed to progress. If the cancer is caught early, however, a patient has an estimated 5-year survival rate of 99 percent. That’s why knowing how to recognize a potential melanoma — and then getting yourself to a dermatologist — is so important. The majority of melanomas appear black or dark brown, but they can also appear pink, white, red, blue or purple. The ABCDEs of melanoma are a good rule of thumb for identifying them. There can be a genetic component to melanoma; people whose first-degree relatives have had melanoma are at far greater risk of developing the disease. However, your habits in the sun are just as important: Intense, occasional UV exposure (the kind you may receive on a vacation in the tropics, typically leading to sunburn) can trigger tumors; on average, a person’s risk for melanoma doubles if he or she has had more than five sunburns. BCCs, SCCs and melanomas are the major types of skin cancer, but there are other forms to be aware of, including Merkel cell carcinoma, a rare form of aggressive skin cancer. No matter what, if you see anything new, changing or unusual on your skin, get it checked out as soon as possible.p Source:skincancer.org

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May 2020

Conversations

When Reporting Domestic Violence Means You Get Investigated for Child Abuse BY ABIGAIL KRAMER

t started with intrusive questions: where she’d been; who she was talking to on the phone. Soon he was throwing his weight around— blocking her path or, worse, the door. Five months after they started dating, when he tried to push her out of a car, Anya knew the relationship was over. But she was also pregnant, and she thought her child should know his father. After the baby was born, Anya, a 34-year-old school nurse, made a plan with her pastor. She would bring her son to a private room in the church, where he could spend time with his father but there would be people nearby, in case things went wrong— which they quickly did. They argued. He shoved her and stormed out of the room, still holding the baby in one arm. Anya rushed after him, and—according to witnesses’ statements to the police—he punched her in the face and pushed her into a wall. What happened next is something that has become increasingly common in New York City, as in many other parts of the country: Alongside a criminal case, the Administration for Children’s Services (ACS) opened an investigation into Anya’s home and family, looking for signs of child abuse or neglect. Coordination among police, prosecutors, and ACS is nothing new—child welfare reports are often called in by cops or district attorneys who intervene in domestic disputes. But in 2016, Mayor Bill de Blasio created a taskforce with the goal, among others, of integrating ACS even more deeply into the City’s response to what officials have described as a plague of domestic violence. Even as other violent crime rates have remained near record lows, domestic incident reports have increased in the past decade. And they are notoriously difficult to prosecute: Citywide, more than 60 percent of domestic incident arrests result in charges that are dropped or dismissed, according to an analysis by the Center for Court Innovation. Child welfare cases, on the

on an appeal, she was eventually able to get her name cleared from the State’s child abuse register, but by then she had lost months of income and come close to losing her apartment. “All ACS did was make it harder for me to take care of my son,” Anya says. Domestic violence has long been one of the most common—and one of the most contentious—allegations to bring families into the child welfare system. In 2018, Anya’s was one of over 56,000 investigations conducted by ACS, close to 25 percent of which came to the agency with a high-priority flag for domestic violence in the family, according to data provided by ACS. The stakes are immediately high. By law, ACS cannot take a child away from a parent solely because that parent has been victimized by another adult. But caseworkers are trained to see domestic violence as a serious

warning sign, since it can be terrifying and traumatic for kids to witness—and it may signal real physical danger in a home. Child welfare investigators are often among the first responders to domestic violence cases. Officials say their goal is to help not just kids but adult victims, protecting them from abusers and steering them into services like therapy or shelter. But critics of the system--including many advocates for domestic violence survivors-say that child welfare interventions often go terribly wrong, turning victims into suspects and creating chaos for vulnerable families.p

other hand, often last long after criminal charges disappear— and intervention doesn’t depend on a conviction. If an ACS investigator suspects domestic violence in a family, the agency can immediately force an accused parent to leave the home, often facing an order of protection that forbids any unsupervised conAbigail Kramer is an editor at the tact with partners or kids. Center for New York City Affairs ACS officials make the case that, once the agency is in a famat The New School. This is an exily’s life, it is in a unique position to help not just children but cerpt of the report, Backfire: victimized parents, protecting them from abusers and steering When Reporting Domestic Viothem into services—like therapy or a domestic violence shelter— lence Means You Get Investigated they might not access on their own. for Child Abuse. During the investigation phase, however, every adult in a child’s life comes under scrutiny. After the incident at the church, Anya filed for an order of protection that forbade her son’s father from coming near her or their child. Nonetheless, for two months, ACS caseworkers showed up at her home, unannounced, to talk to the neighbors, inspect the baby, and search the apartment. “They checked the refrigerator, checked his crib, checked the cupboards,” Anya says. “It felt very invasive and insulting.” ACS officials make the case that, once the agency is in a family’s life, it is in a unique position to help—protecting not just children but victimized parents. During the investigation phase, however, every adult in a child’s life comes under scrutiny. And of course, child welfare investigations raise a specter too terrifying for most parents to imagine: “It was always in the back of my mind that they could take my child,” Anya says. Anya’s caseworker assured her that ACS’s primary focus was the baby’s father—no one was accusing Anya of being a negligent parent. When the investigation finally ended, however, Anya learned that her name had been added to New York State’s child abuse register, with a substantiated allegation of “inadequate guardianship.” Her offense, as described in an ACS summary, was “instigating a confrontation and engaging in an altercation” with her son’s father. In other words, Anya says, she was punished for her own assault. “The [ACS] worker Don’t put up with ABUSE anymore! Whether married or not, whether said I put my son in danger when I followed your spouse is a U.S. citizen or Green Card Holder, we can get a his dad in the church.” Green Card for you and your children PLUS a divorce. With a child welfare record, Anya didn’t lose her baby, but she did lose her job as a Call 718-222-3155 now for a FREE consultation! nurse. ENOUGH IS ENOUGH! After hiring a lawyer and spending months

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May 2020

New York Politics

What You Need to Know to Vote in New York’s June Primary BY RACHEL HOLLIDAY SMITH THECITY ADDITIONALLY REPORTING BY CHRISTINE CHUNG

or a moment, New York’s moot presidential primary was off. Then it was back on. Now, the state is trying again in court to nix it. But with or without the likes of Bernie Sanders and Andrew Yang on the ballot, New Yorkers will cast votes on June 23, the state’s primary day. Plenty of competitive congressional, state-level and local seats are up for consideration. Because of special rules created in response to the pandemic, all New Yorkers now have the option to vote by absentee ballot. To do so, however, you have to request a ballot before June 16, then send it in. We’ve got the information you need to be prepared for the city’s first election in the coronavirus era.

So, are We Having a Primary or Not? As of this writing, New York will have a primary election, including the Democratic and Republican presidential contests, which had been postponed from April 28. On May 5, a federal judge ruled against New York state election officials who canceled the June 23 presidential contest. Responding to a lawsuit brought by former White House hopeful Yang, District Court Judge Analisa Torres ordered New York to hold the election as scheduled in June and return all qualifying presidential candidates to the ballot — even if a Joe Biden nomination appears inevitable. The Board of Elections has appealed that order. A spokesperson for state Attorney General Letitia James, who filed the appeal on behalf of the board, said arguments in the case are scheduled to begin May 15. All other contested seats will be on the ballot — a great many this year, said Laura Wood, senior advisor for City Hall’s DemocracyNYC initiative. “Even if the presidential primary is canceled, almost every

election district in the city will have a primary on June 23,” she said. “It’s a relatively small number who don’t.” Between city, state and congressional races, only a few neighborhoods in southern Brooklyn will be without at least one primary, according to the city’s Campaign Finance Board. What’s at Stake? New Yorkers can expect competitive primaries for several Congressional races, including one for Rep. Yvette Clarke’s seat in Brooklyn, Rep. Eliot Engel’s post in The Bronx and Westchester and the soon-tobe-empty slot of Rep. Jose Serrano in the South Bronx. Freshman Rep. Alexandria Ocasio-Cortez (D-The Bronx, Queens), meanwhile, faces a challenge from former CNBC contributor Michelle CarusoCabrera. On the local level, the primaries will include two tumultuous races for a new Queens borough president and a replacement for City Councilmember Rafael Espinal, who resigned from his Bushwick district earlier this year. How can you find out who is challenging who where you live? Use this tool (nyc.pollsitelocator.com) from the city’s election board to plug in your address, then click the button for “Ballot Information.” It will generate a sample ballot of all the candidates in races in your district by party. Or, use a similar tool from Ballotpedia, or check out voting guides from vote411.org or the city’s Campaign Finance Board. With Everything Going On, How Can I Cast My Vote? For now, in-person voting will

still happen — including nine days of early voting — despite the current stay-at-home order. But the state is making a big push for mail-in ballots. Gov. Andrew Cuomo made that possible through an executive order allowing all New Yorkers to vote using an absentee ballot during the COVID-19 crisis. Cuomo committed to mail every registered voter with a contested election in their district a postage-paid application for an absentee ballot. Last week, Cuomo said he’s not crazy about the idea of people going out and “standing on line to vote,” but noted the in-person primary would go forward. “My two cents to people is, please vote by absentee ballot so you don’t have to show up,” he said during a May 6 news conference on Long Island. So How Do I Get My Ballot? The state said it started sending ballot applications to every registered voter the week of May 8. But Jennifer Wilson, deputy director of the League of Women Voters of New York State, says there’s no reason to sit by the mailbox. In New York City, you can apply for a ballot online at the Board of Elections site NYCAbsentee.com, or by fax, email, through snail mail or by calling 1-866-VOTE-NYC. “You don’t have to wait to get that ballot application in the mail. You can start now,” she said. On your application, all those requesting an absentee ballot will need to check a box marked “temporary illness” as the reason for the request.

Why? What If I’m Not Sick? According to Sabrina Castillo, of the city’s Campaign Finance Board, the emergency voting measure by the governor expanded the definition of temporary illness to cover not just being sick, but also “the risk of contracting the disease.” “This is what you put, regardless of whether you’re sick or not,” she said. For the people who have fled New York during the crisis, make sure to have the ballot sent to wherever you are staying now. The application includes a section to indicate the address of where you’d like your ballot to go. The last day to postmark and send your ballot application is June 16. But Castillo’s advice is: Do it now. “You don’t want to miss that window,” she said. “I would do it as soon as you can.” Once you receive your ballot through the mail, you can mail it back — or take it (safely) to your borough’s Board of Elections office. The last day to postmark your ballot is June 22, according to the CFB. That’s also the last day you can apply for an absentee ballot in person. If you don’t want to bother with the absentee ballot and feel safe going to the polls, you will still be able to, Wilson said. But be prepared for some changes. The state Board of Elections commissioners have already discussed rolling back poll sites and hours — especially for early voting — “to encourage people to vote by mail instead,” she said. Is That as Huge an Undertaking as It Sounds? Yup. “Typically, less than 4% of New York voters vote ab-

sentee. So to go from 4% to potentially 80%, or ideally 90% of people voting absentee — that’s a huge, huge jump,” Wilson noted. At DemocracyNYC, Wood is looking at the primary as an opportunity for a simpler way to conduct elections, pointing to research that shows voter participation has gotten a boost in states that have moved to mail-in voting. “We are very hopeful that people will take advantage of how easy this is this year,” she said — while acknowledging that “nothing is easy right now during this pandemic.” Okay, But How do I Actually Cast My Ballot? If you’ve never voted by absentee ballot before, here’s what to expect: Always use blue or black ink, said Matthew Sollars, spokesperson for the CFB, and be aware there will be two envelopes: One that will mail everything back to the Board of Elections, and one “privacy envelope” that contains your actual ballot, he said. You’ll need to sign that envelope, he said, “to make sure your ballot is counted.” Wilson of the LMV said to watch out for a piece of paper called a “witness slip” that may appear in your ballot, as well. Some counties in New York send them, but keep in mind: It’s not likely you’ll need to sign it. “You don’t need a witness signature in New York State unless you had assistance filling in your ballot,” she said. “If you can’t hand mark yourself, somebody has to sign and say they helped you. But there’s no direction saying that. It’s just a slip included for a witness signature.” Above all, be extra careful, she said, go slowly — and read everything. “The thing I’ve been saying to everyone is just follow the directions,” she said. “Please read the directions and follow them closely!”p This story was originally published on May 14, 2020 by THE CITY.

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