Monday, November 16, 2020

Safety in the spotlight under Biden — Another season of Covid-19 shutdowns begins — Judge rules Wolf’s DACA move invalid

Presented by NILC Immigrant Justice Fund: Delivered every Monday by 10 a.m., Weekly Shift examines the latest news in employment, labor and immigration politics and policy.
Nov 16, 2020 View in browser
 
POLITICO's Weekly Shift newsletter logo

By Rebecca Rainey

Presented by NILC Immigrant Justice Fund

Editor's Note: Weekly Shift is a weekly version of POLITICO Pro's daily Employment & Immigration policy newsletter, Morning Shift. POLITICO Pro is a policy intelligence platform that combines the news you need with tools you can use to take action on the day's biggest stories. Act on the news with POLITICO Pro.

Quick Fix

One of President-elect Joe Biden's first moves in office could be issuing mandatory workplace safety rules that employers must follow to protect workers from exposure to the coronavirus. It'd likely be one of his first big fights with American big business, your host reports, and could set up a contentious battle in the lame-duck session of Congress over liability protections.

Employers, subject to a flurry of optional guidelines from the Trump administration that have been revised and rewritten throughout the pandemic, are dreading the new, tougher Biden rules. But labor advocates and those on the Biden transition team say that a national set of safety rules could help people get back to work more quickly, since everyone would at least be following the same standard, rather than a patchwork of state and local regulations.

Medical workers operate a testing tent at a Covid-19 mobile testing site in Brooklyn, Nov. 11, 2020.

Medical workers operate a testing tent at a Covid-19 mobile testing site in Brooklyn, Nov. 11, 2020. | AP Photo/John Minchillo

"We cannot successfully restart our economy until workers are safe — and the first step is to require that businesses implement very basic measures to prevent the virus from spreading in the workplace," said Debbie Berkowitz, a senior policy adviser for the Occupational Safety and Health Administration under President Barack Obama who's now with the National Employment Law Project.

On the Hill, Senate Majority Leader Mitch McConnell has demanded that Covid-19 liability protections — which could shield employers from being fined under federal safety laws — be included in any additional coronavirus aid bill. He has warned that "one-size-fits-all" coronavirus safety regulations could prompt "an epidemic of lawsuits" against employers who don't or can't comply.

But with both of Georgia's Senate seats facing runoff elections that will determine which party controls the upper chamber, McConnell now has a weaker hand in negotiations over more federal stimulus.

There's little chance Democrats would be willing to limit their incoming president's ability to police workplace safety in exchange for Republican cooperation on the next stimulus package. But McConnell indicated last week that he will soon propose a bill "very similar" to the legislation he offered in October and September — and both of those bills included a liability shield, suggesting he's unwilling to back down.

AN INVITE FOR PROS: We're inviting a small group of Pro subscribers to join our Nov. 19 private roundtable discussion on exploring ways to ensure that Black business owners, entrepreneurs and workers aren't left behind as the U.S. rebuilds its economy. This event will be held immediately after our virtual town hall on bridging the racial economic divide and will include our moderators and a small group of engaged readers like yourself. Let us know if you're interested in participating and we might be in touch.

GOOD MORNING. It's Monday, Nov. 16, and this is Morning Shift, your tipsheet on employment and immigration news. Send tips, exclusives and suggestions to emueller@politico.com and rrainey@politico.com. Follow us on Twitter at @Eleanor_Mueller and @RebeccaARainey.

A message from NILC Immigrant Justice Fund:

In 2020, NILC IJF set out to prove that candidates & campaigns in battleground states could target persuadable voters with pro-immigrant messages, and win. We ran 11.3 million digital ads using poll-tested pro-immigrant messages aimed at persuadable voters in Wisconsin, Arizona and North Carolina. Voters will support leaders who include immigrants in building a better future for all of us, no matter what we look like or where we were born. Learn more at: www.immigrantjusticefund.org/2020campaign.

 
DRIVING THE WEEK

BRACING FOR SHUTDOWNS: The resurgence of coronavirus cases across the country is prompting state and local governments to issue another wave of shutdown orders, which threaten to hamper an already economic recovery.

Starting today in New Mexico, "non-essential entities," must shutter in-person activities and "onsite dining is prohibited" at restaurants, David K. Li reports for NBC News.

In Oregon, a two-week "freeze" will start Wednesday "that will force grocery stores, pharmacies and retail stores to limit capacity to 75 percent," according to Li. "A host of other businesses, such as gyms and fitness centers, museums, pools, sports courts, movie theaters, zoos, gardens, aquariums and venues, will have to be closed" altogether.

Washington state has its own new set of coronavirus restrictions. Gov. Jay Inslee announced Sunday that, starting Wednesday until Dec. 14, indoor service will not be allowed at restaurants and bars in the state, according to the Seattle Times.

In Virginia, as of this morning, "the number of spectators allowed at athletic events will be reduced, and alcohol sales will be prohibited at dining and drinking establishments after 10 p.m.," according to the Associated Press.

Illinois is also considering new restrictions. Gov. J.B. Pritzker said if conditions don't improve in the state, "another lockdown may be the only option left," ABC 7 Chicago reported. The city of Chicago and surrounding areas will also be under a stay-at-home advisory as of 6 a.m. today due to rising cases of Covid-19.

And Michigan's Gov. Gretchen Whitmer announced more restrictions on eat-in dining and other activities in her state over the weekend.

MORE: "Lockdowns possible as Illinois, Maryland and Washington governors weigh more restrictions," from The Washington Post

 

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Immigration

WOLF'S DACA MOVE STRUCK DOWN: "Acting Homeland Security Secretary Chad Wolf lacked the authority to issue a directive that blocked new applications for the Obama-era program benefiting so-called Dreamers, a federal judge ruled Saturday," our Josh Gerstein reports.

"U.S. District Court Judge Nicholas Garaufis concluded that a series of bureaucratic and legal moves that the Trump administration took last year to install Wolf atop the Department of Homeland Security without Senate confirmation were unlawful and invalid."

WHAT IT MEANS : "The most immediate beneficiaries of the court ruling are likely to be immigrants who are eligible for [the Deferred Action for Childhood Arrivals program] but did not apply before the Trump administration cut off applications in September 2017," according to Josh. "The decision could also lead DHS to restore a DACA benefit the administration largely halted at the same time: the ability for Dreamers to leave the country and return, without losing their quasi-legal status and work permits."

KEEP IN MIND: Biden has promised to take a near-opposite approach to immigration from his predecessor. He "is widely expected to limit deportations and to press for legislation to legalize so-called Dreamers, but any moves he takes by executive action could face the same kinds of court challenges that targeted Obama's policies and later ones that went after Trump's," Gerstein writes.

WHAT'S NEXT? In a statement, a DHS spokesperson said the ruling is "another example of an activist judge substituting his own policy preference for those of the Trump Administration." The spokesperson said DHS "is exploring its options to ensure its review of DACA continues as intended."

 

JOIN WEDNESDAY - CONFRONTING INEQUALITY TOWN HALL "BRIDGING THE ECONOMIC DIVIDE": Although pandemic job losses have been widespread, the economic blow has been especially devastating to Black workers and Black-owned businesses. POLITICO's third "Confronting Inequality in America" town hall will convene economists, scholars, private sector and city leaders to explore policies and strategies to deal with the disproportionate economic impact of the pandemic and the broader factors contributing to the persistent racial wealth and income gaps. REGISTER HERE.

 
 
Coronavirus

SHUTDOWN 'A LAST RESORT': The co-chair of Biden's coronavirus taskforce, Vivek Murthy, said Sunday that a national lockdown as Covid-19 cases tick up is "a measure of last resort," our Eleanor Mueller reports.

"In the spring when we didn't know a lot about Covid, we responded … with an on-off switch," Murthy said. "We just shut things down because we didn't know exactly how this was spreading and where it was spreading."

But "the better way to think about these safety restrictions is more as a dial that we turn up and down depending on severity, and that's really the key here," he added.

CROSSTALK? "Another Biden adviser, Dr. Michael Osterholm, this week floated a four- to six-week lockdown should cases continue to increase. But he walked back his comments after admitting he had not spoken to anyone on the transition team about it," Eleanor reports.

MEATPACKERS STEP UP COVID TRACKING: Tyson Foods "is using infection-tracking algorithms and ongoing employee testing to shield workers at the biggest U.S. meatpacker from a fresh surge in coronavirus cases and keep grocery stores stocked," Jacob Bunge reports for The Wall Street Journal.

"Tyson Chief Executive Dean Banks said the company is adding more space for workers at existing plants and designing new ones to include workstation dividers and other safeguards," according to Bunge.

"U.S. meat giants including Tyson, Cargill Inc. and JBS USA Holdings Inc. are working to defend against another rise in infections after widespread outbreaks among workers in April forced those companies and others to shut dozens of plants across the country. By the end of May, more than 16,000 meatpacking workers had been infected, and 86 died, according to the Centers for Disease Control and Prevention."

Democrats, unions and safety advocates have criticized the federal government's oversight of meatpacking worker safety throughout the pandemic, as POLITICO has reported. Large meat corporations have received meager fines in cases where their workers fell ill or died from the coronavirus, and OSHA has used its special enforcement powers far more leniently than in previous administrations. Democrats have also accused the CDC of watering down its recommendations for preventing the spread of Covid-19 at a Smithfield plant in South Dakota.

IN THE BACKGROUND: The USDA recently advanced a proposal that would allow certain poultry plants to increase their line speeds, which labor advocates warn would further jeopardize workers' safety during the pandemic.

A message from NILC Immigrant Justice Fund:

NILC Immigrant Justice Fund (IJF) began this election cycle with two goals: 1) offer persuadable voters in battleground states a pro-immigrant narrative to counter Trump's anti-immigrant appeals; 2) begin to build political power for immigrant families by making clear to candidates, whether they're running for President, Congress, or state office, that they can win persuadable voters by articulating an inclusive, pro-immigrant vision for America. By reaching persuadable voters in key battleground states, especially Independent women and persuadable Latinx voters, with a unifying, pro-immigrant vision for the future, advocates for immigrant rights helped determine the outcome of this election for the better. Our data and our campaign shows: persuadable voters will support candidates and leaders who include immigrants in building a better future for all of us, no matter where we were born. Learn more about our innovative research and groundbreaking winning campaign at www.immigrantjusticefund.org/2020campaign.

 
In the Workplace

PANDEMIC SPURS DOCTOR EXODUS: An analysis from the Larry A. Green Center and the nonprofit Primary Care Collaborative found that nearly one in five primary care clinicians say someone in their practice plans to retire early or has already retired due to Covid-19, Reed Abelson reports for the New York Times .

"Some worry about their own health because of age or a medical condition that puts them at high risk. Others stopped practicing during the worst of the outbreaks and don't have the energy to start again. Some simply need a break from the toll that the pandemic has taken among their ranks and their patients."

The Physicians Foundation, a nonprofit group estimated some 16,000 practices could close based on a July survey.

The clinicians also painted a grim picture of their lives during the pandemic's latest wave. "About half already said their mental exhaustion was at an all-time high. Many worried about keeping their doors open: about 7 percent said they were not sure they could remain open past December without financial help."

 

TRACK THE TRANSITION, SUBSCRIBE TO TRANSITION PLAYBOOK: As states certify their election results, President-elect Biden is building an administration. The staffing decisions made in the coming days, weeks, and months will send clear-cut signals about his administration's agenda and priorities. Transition Playbook is the definitive guide to what could be one of the most consequential transfers of power in American history. Written for political insiders, it tracks the appointments, people, and the emerging power centers of the new administration. Stay in the know, subscribe today.

 
 
What We're Reading

— "Coronavirus Surge Tests the Smallest Companies," from The Wall Street Journal

—"Biden won places that are thriving. Trump won ones that are hurting," from The Washington Post

— " Poll workers contract virus, but Election Day links unclear," from The Associated Press

— "'Joe's a blue-collar guy': After years of declining power, union leaders look to Biden," from NBC News

"Economic Demands Test Biden Even Before Inauguration," from The New York Times

— " Shipyard, union are getting back on same page after strike," from The Associated Press

— "Lightfoot Says Layoffs of City Workers Will Be Averted in Chicago 2021 Budget," from NBC 5 Chicago

—"Biden Faces Early Test With Immigration and Homeland Security After Trump," from The New York Times

— "The $15 Minimum Wage Won in Florida, But Biden Didn't. Here's Why," from In These Times

THAT'S ALL FOR MORNING SHIFT!

 

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Rebecca Rainey @rebeccaarainey

 

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Ruh-Roh...

Reality just burst into the room... ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ...