#US law

[philosopherking1887]

More good things the Biden administration is doing: OSHA heat safety rules for workers

Remember when Texas and Florida passed laws preventing local and municipal governments from implementing their own heat safety rules and said that if heat is such a big problem, OSHA should make rules that apply to everyone? If not, NPR can remind you. OSHA has now accepted the challenge, moving much faster than they usually do:

OSHA National News Release U.S. Department of Labor July 2, 2024 Biden-Harris administration announces proposed rule to protect indoor, outdoor workers from extreme heat WASHINGTON – The U.S. Department of Labor has released a proposed rule with the goal of protecting millions of workers from the significant health risks of extreme heat. If finalized, the proposed rule would help protect approximately 36 million workers in indoor and outdoor work settings and substantially reduce heat injuries, illnesses, and deaths in the workplace. Heat is the leading cause of weather-related deaths in the U.S. Excessive workplace heat can lead to heat stroke and even death. While heat hazards impact workers in many industries, workers of color have a higher likelihood of working in jobs with hazardous heat exposure. “Every worker should come home safe and healthy at the end of the day, which is why the Biden-Harris administration is taking this significant step to protect workers from the dangers posed by extreme heat,” said Acting Secretary of Labor Julie Su. “As the most pro-worker administration in history, we are committed to ensuring that those doing difficult work in some of our economy’s most critical sectors are valued and kept safe in the workplace.” The proposed rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. Among other things, the plan would require employers to evaluate heat risks and — when heat increases risks to workers — implement requirements for drinking water, rest breaks and control of indoor heat. It would also require a plan to protect new or returning workers unaccustomed to working in high heat conditions. “Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them,” said Assistant Secretary for Occupational Safety and Health Douglas L. Parker. “Today’s proposal is an important next step in the process to receive public input to craft a ‘win-win’ final rule that protects workers while being practical and workable for employers.” Employers would also be required to provide training, have procedures to respond if a worker is experiencing signs and symptoms of a heat-related illness, and take immediate action to help a worker experiencing signs and symptoms of a heat emergency. The public is encouraged to submit written comments on the rule once it is published in the Federal Register. The agency also anticipates a public hearing after the close of the written comment period. More information will be available on submitting comments when the rule is published. In the interim, OSHA continues to direct significant existing outreach and enforcement resources to educate employers and workers and hold businesses accountable for violations of the Occupational Safety and Health Act’s general duty clause, 29 U.S.C. § 654(a)(1) and other applicable regulations. Record-breaking temperatures across the nation have increased the risks people face on-the-job, especially in summer months. Every year, dozens of workers die and thousands more suffer illnesses related to hazardous heat exposure that, sadly, are most often preventable. The agency continues to conduct heat-related inspections under its National Emphasis Program – Outdoor and Indoor Heat-Related Hazards, launched in 2022. The program inspects workplaces with the highest exposures to heat-related hazards proactively to prevent workers from suffering injury, illness or death needlessly. Since the launch, OSHA has conducted more than 5,000 federal heat-related inspections. In addition, the agency is prioritizing programmed inspections in agricultural industries that employ temporary, nonimmigrant H-2A workers for seasonal labor. These workers face unique vulnerabilities, including potential language barriers, less control over their living and working conditions, and possible lack of acclimatization, and are at high risk of hazardous heat exposure.

[sunny-day-jack-official]

URGENT! Stop KOSA!

Hey all, this is BáiYù and Sauce here with something that isn't necessarily SnaccPop related, but it's important nonetheless. For those of you who follow US politics, The Kids Online Safety Act passed the Senate yesterday and is moving forward.

This is bad news for everyone on the internet, even outside of the USA.

What is KOSA?

While it's officially known as "The Kids Online Safety Act," KOSA is an internet censorship masquerading as another "protect the children" bill, much in the same way SESTA/FOSTA claimed that it would stop illegal sex trafficking but instead hurt sex workers and their safety. KOSA was originally introduced by Sen. Edward Markey, D-Mass. and Bill Cassidy, R-La. as a way to update the 1998 Children’s Online Privacy Act, raising the age of consent for data collection to 16 among other things. You can read the original press release of KOSA here, while you can read the full updated text of the bill on the official USA Congress website.

You can read the following articles about KOSA here:

EFF: The Kids Online Safety Act is Still A Huge Danger to Our Rights Online

CyberScoop: Children’s online safety bills clear Senate hurdle despite strong civil liberties pushback

TeenVogue: The Kids Online Safety Act Would Harm LGBTQ+ Youth, Restrict Access to Information and Community

The quick TL;DR:

KOSA authorizes an individual state attorneys general to decide what might harm minors

Websites will likely preemptively remove and ban content to avoid upsetting state attorneys generals (this will likely be topics such as abortion, queerness, feminism, sexual content, and others)

In order for a platform to know which users are minors, they'll require a more invasive age and personal data verification method

Parents will be granted more surveillance tools to see what their children are doing on the web

KOSA is supported by Christofascists and those seeking to harm the LGBTQ+ community

If a website holding personally identifying information and government documents is hacked, that's a major cybersecurity breach waiting to happen

What Does This Mean?

You don't have to look far to see or hear about the violence being done to the neurodivergent and LGBTQ+ communities worldwide, who are oftentimes one and the same. Social media sites censoring discussion of these topics would stand to do even further harm to folks who lack access to local resources to understand themselves and the hardships they face; in addition, the fact that websites would likely store personally identifying information and government documents means the death of any notion of privacy.

Sex workers and those living in certain countries already are at risk of losing their ways of life, living in a reality where their online activities are closely surveilled; if KOSA officially becomes law, this will become a reality for many more people and endanger those at the fringes of society even worse than it already is.

Why This Matters Outside of The USA

I previously mentioned SESTA/FOSTA, which passed and became US law in 2018. This bill enabled many of the anti-adult content attitudes that many popular websites are taking these days as well as the tightening of restrictions laid down by payment processors. Companies and sites hosted in the USA have to follow US laws even if they're accessible worldwide, meaning that folks overseas suffer as well.

What Can You Do?

If you're a US citizen, contact your Senators and tell them that you oppose KOSA. This can be as an email, letter, or phone call that you make to your state Senator.

For resources on how to do so, view the following links:

https://www.badinternetbills.com/#kosa

https://www.stopkosa.com/

https://linktr.ee/stopkosa

If you live outside of the US or cannot vote, the best thing you can do is sign the petition at the Stop KOSA website, alert your US friends about what's happening, and raise some noise.

Above all else, don’t panic. By staying informed by what’s going on, you can prepare for the legal battles ahead.

[hussyknee]

Made in the USA: Wage Theft, Fraud and Hidden Sweatshops

Unrolled twitter thread by derek guy (@dieworkwear)

4 Oct 24 • Read on X

ALT enabled on all images. Video has closed captions but is not transcribed.

Not trying to create a pile-on here. But let's talk about why something might still be made in unethical conditions even though it bears a "made in USA" tag. 🧵

The first thing to understand is that not all workers are covered by US labor laws. You might assume that workers get paid a minimum wage (after all, it says "minimum"). In fact, many garment workers in the US toil under what's known as the piecework system.

Piecework means you get paid not by the amount of time you work but the number of operations you complete. This system should be familiar to many of you. As a writer, I get paid per word. The pay is the same whether it takes me 100 or 10 hours to write a 1,000 word article.

My situation is fine bc I get paid enough to eat. But for a garment worker, the pay structure can be peanuts: three cents to sew a zipper or sleeve, five cents for a collar, and seven cents to prepare the top part of a skirt. These are real numbers for LA-based garment workers.

Piecework is how companies skirt minimum wage laws. Among labor organizers, the term "wage theft" refers to the difference between what a worker should have earned under min wage laws and what they actually earned through the piece rate system.

This system is incredibly common. A 2016 UCLA Labor Center study showed the median piece-rate worker in Los Angeles scrapes together $5.15 per hour—less than half the state’s mandated minimum wage. Labor conditions are also very bad: poor ventilation, dusty air, rats and mice.

A Federal Department of Labor investigation the same year found that 85 percent of Los Angeles garment factories were breaking labor laws. In 2016, these violations amounted to $1.3 million in back wages owed to 865 workers in a sample of 77 factories. This is wage theft.

In 2021, labor organizers won a fight to get piecework banned in California. But two years later, it's still incredibly common. I interviewed an LA-based garment worker who toils 12 hrs a day for $50. She sleeps in the corner of a kitchen. From my article in The Nation:

Currently, there's a new fight get piecework banned nationwide through the FABRC Act. I would link, but Twitter throttles threads that have outbound links, so I would prefer if you Google how you can support this legislation. Or follow @GarmentWorkerLA for more info.

The other reason why a "made in USA" tag may not mean much has to do with how the label is applied.

When you see this label inside your garment, what do you assume? Think about this before moving on to the next tweet.

The Federal Trade Commission has pretty strict rules on who gets to apply that label. For clothes, the item has to be cut and sewn in the US using materials that were made in the US. The FTC tries to match its rules with the common understanding of what "made in US" means.

If you're a giant company like Levi's or LL Bean, you may have lawyers who are advising you on these rules. This is why you see labels like "imported," which means the item was made abroad. Or "made in the US from imported materials" when they can't meet the MiUSA standard.

But it's incredibly common for companies to violate FTC rules. In 2022, the FTC fined the pro-Trump brand Lions Not Sheep $211k for labeling their t-shirts "made in USA" when the shirts were actually imported from China and other countries.

The company was basically importing blanks from China, ripping out the "made in China" label, screen printing the shirt in the US, and then applying a new screen-printed "made in US" label. CEO Sean Whalen claimed he was being persecuted for his pro-Trump views.

But the whole thing started bc Whalen made a video about how his customers are price sensitive, so he imports blanks from China. That's what kicked off the FTC investigation. So while this mislabeling is common, it's hard to get caught unless you make a video about your crimes.

The truth is that making a t-shirt in the USA according to FTC standards will result in a relatively expensive garment. Heddels and Velva Sheen both produce shirts in the US from US grown cotton. The first is $26; second is $90 for a two-pack.

Once you add things such as screenprinting—or if you want a more unique cut and not just basic blanks—the costs go up. This is why Bikers for Trump sourced their merch from Haiti. They knew their customers would not pay an extra $8 for true made-in-USA production.

Today, there are countless companies that make merch for other organizations. They source their t-shirts from a variety of places—some made in the US, most not—and then screenprint a design and fulfill orders. This way, the other org doesn't have to do any work but marketing.

When you see a screenprinted t-shirt for $20, ask yourself: Where was the material grown? Where were the yarns spun? Where was the cutting, sewing, and finishing performed? Where was the screenprinted done? What were the wages and labor conditions along these steps?

I'm not a nationalist, so I don't prioritize American jobs over foreign ones. But I do care about fair wages and labor protections. Just because something was made abroad doesn't mean it was made in a sweatshop. Just because it was made in the US doesn't mean fair wages.

Paying more for a garment is also no guarantee of ethical manufacturing. But when the price of a garment is so low, you leave little on the table for workers. Just because you see a $20 t-shirt that says "made in USA" doesn't mean it was made fairly.

Please don't harass the person who posted that original tweet. My intention is not to cause harm or stress for anyone. Only to help shed light on what goes into garment manufacturing, fair labor, and labeling. Hopefully, you will consider these issues when shopping.

For the inevitable question: "How do I make sure my clothes were made ethically?" This is very difficult to answer in a thread. My simplest answer is that we should elect pro-worker politicians, fight for pro-labor laws, and empower unions so workers can advocate for themselves.

--------------------End----------------------

TL; DR: Doesn't matter if it's the US, if it's not union it's probably a sweatshop. And not all merch is priced high because of fair labour conditions (looking at Taylor Swift and Beyoncé). Look for supply chain transparency.

[destiel-news-network]

(Source)

Chevron deference was a legal doctrine where the US judicial system was required to defer to an executive agency's interpretation of ambiguous laws. Effectively, this meant that federal agencies were able to address loopholes in laws Congress had passed (e.g. banning toxic waste dumping in weird legal ways).

This morning, the Supreme Court overturned Chevron and stated that the judicial system should have that power instead of the federal agencies.

[the-cimmerians]

Well, here it comes, a filing at the Republican-controlled Sixth US Circuit Court of Appeals that could lead to the overturn of the rights to same-sex marriage, birth control, even the right to have same-sexy-sextimes in the privacy of one’s own home, courtesy of Apostolic Christian Kentucky court clerk Kim Davis and her designated-hate-group law firm, Liberty Counsel.

Yes, it’s THAT lady again, the one the hair who’s been pitching one long legal fit since 2015, starting when she refused to sign marriage certificates for gay couples after Obergefell v. Hodges made same-sex marriage the law of the land, moaning that it would violate her right to religious expression to have her Godly Christian signature on such sinful paperwork.

The couples sued her for being a flagrant asshole who denied them their rights, and a jury agreed with them. Davis appealed to the Supreme Court, back in the saner days of old (2020 and before), they didn’t want to hear it.

Nevertheless, Justice Clarence “RV” Thomas took the opportunity to write a whole unsolicited statement about how the victim here wasn’t nice couples in love trying to get married like they were legally allowed to do, but poor Kim Davis, because now everybody thinks she’s a bigot instead of decent, good, and honorable, and that makes her sad. How dare Obergefell have not considered the right of Christian moral scolds to butt into everybody’s private life and make scenes, the way God intended?

[ ]

So now Davis and Liberty Counsel have an in, using Thomas’s statement to take their legal spanking to the 6th Circuit as being UGH SO UNFAIR to Davis as an oppressed bigot-American. Also while the 6th Circuit is at it, Davis thinks they should “reconsider all of th[e] Court’s substantive due process precedents, including Griswold [v. Connecticut], Lawrence [v. Texas], and Obergefell”, maybe the 6th Circuit could have a talk with the manager?

[ ]

But guffaw, Liberty Counsel is never happy! Not for nothing the Southern Poverty Law Center designates them as a hate group! Their lawyers Mat (one ‘T’) Staver and Matt Barber have opined many times that gay sex is so ew yuck icky that we should all have an entire civil war about it. In 2019 Liberty Counsel was publicly mad that gay people were included in the federal Justice for Victims of Lynching Act, lest you think they aren’t deadly serious about wanting to kill people.

That’s a goal that also tops on Project 2025’s wish list, that plus labeling content with LGBTQ people in it as pornography, making “pornographers” register as sex offenders, and that sex offenders should get the death penalty. And like Davis, Project 2025 would also like to throw out the Comstock Act and have the FBI spend their time searching people’s mail for suspected “abortifacients.”

[nando161mando]

imagine having to find a legal loophole to send a man like donald trump to jail

[destielmemenews]

source 1

[woo-sustainability]

Something I just read. Would be a good idea to contact your congressperson about this

[anastasiaoftheironwood]

US DISABILITY RIGHTS LAW EXPANSION

The US federal government has drafted a proposal to require health care providers to make real accommodations for disabled patients, "to ensure that MDE used by public entities to offer services, programs, and activities at places such as hospitals and other health care facilities is accessible to individuals with disabilities. MDE includes things like medical examination tables, weight scales, dental chairs, and radiological diagnostic equipment. Without accessible MDE, individuals with disabilities may not be afforded an equal opportunity to receive medical care, including routine examinations, which could have serious implications for their health. A lack of accessible MDE may also undermine the quality of care received by individuals with disabilities, “leading to delayed and incomplete care, missed diagnoses, exacerbation of the original disability, and increases in the likelihood of the development of secondary conditions.”

Comments are open through February 12, 2024. https://www.federalregister.gov/documents/2024/01/12/2024-00553/nondiscrimination-on-the-basis-of-disability-accessibility-of-medical-diagnostic-equipment-of-state

[reallyneedsalife]

i am so tempted to write a case!fic about the 118 claiming against Gerrard for Discrimination on account of I know loads about equality law and am a law students. unfortunately, I am an English law student studying english law, so it's not exactly applicable.

does that make the fic defunct? makes less sense? i still low key wanna write it but uhh

[kaurwreck]

If you're following KOSA, you should also be following state legislation, which is much more rapidly adopting tech regulation related to child safety than Congress. For reference, in 2023, 13 states adopted 23 laws related to child safety online.

Even if your locality hasn't adopted similar tech regulation, online platforms, apps, and websites are rarely operating in only some states. When regulations become patchwork, it's often easier for companies to adopt policies reflective of the most stringent regulations relevant to their service for all users, rather than try to implement different policies for users based on each user's location.

I know this because that's what happened when patchwork data privacy regulations began swelling — which is why many webites have privacy policies reflective of the GDPR that apply even to users outside of Europe. I also know this because I'm a tech lawyer — I'm the wet cat drafting policies for and advising tech and video game companies on how to navigate messy, convoluted, and patchwork US regulatory obligations.

So, when I say this is how companies are thinking about this, I mean this is how my coworkers and I have to think about this. And because the US is such a large market, this could impact users outside the US, too.

[sailing-ever-west]

hey uh. this is new, right? did a law pass that I don't know about? :/

[canadianabroadvery]

[the-cimmerians]

A federal judge in Texas recently blocked a new Federal Trade Commission rule that would have prohibited new employee non-compete agreements starting September 4. Judge Ada Brown of the Northern District of Texas ruled on August 20 that the FTC lacked the power to prevent employers from requiring even entry-level fast food workers to enter into really stupid contracts that prohibit them from getting better jobs at competing businesses. And maybe, given recent Supreme Court rulings, the FTC has no power to regulate anything at all, you never know.

Noncompete agreements were supposedly needed to keep executives and industrial secret-havers from stealing important “trade secrets” — like “Arby’s Arby-Q barbecue sandwiches contain no more than 30 percent roadkill” — and giving them to competing businesses. But for workers below the management level, the agreements all too frequently suppressed wages and kept people from changing jobs or starting their own businesses. That’s why Joe Biden started calling for an end to the damn things since his 2023 State of the Union address.

Backers of the FTC rule argued that existing intellectual property laws do a fine job of protecting genuine trade secrets, and that for the vast majority of folks, noncompete agreements amounted to cartel-style barriers to competition. The agency estimated the rule could potentially increase wages by as much as $488 billion over the next decade, amounting to a $524 annual wage increase for the average worker.

But businesses of all sorts, mostly Big, and the US Chamber of Commerce objected, arguing that stifling competition is the American way, and that the FTC has no business interfering with how they break their workers’ spirits and keep wages down. Judge Brown held that the FTC “exceeded its statutory authority,” that the rule was “arbitrary and capricious,” an attitude that is reserved solely for petty dictator jackwad bosses, and that the rule would “cause irreparable harm” to said jackwad plaintiffs.

When the rule was introduced in April, FTC Chair Lina M. Khan argued that the “freedom to change jobs is core to economic liberty and to a competitive, thriving economy,” and that noncompete agreements unfairly limited workers’ freedom to seek higher wages and better work conditions, and that noncompetes were bad for business too, “depriving businesses of a talent pool that they need to build and expand.”

The ruling is pretty much guaranteed to go to the US Supreme Court, because in July, a different federal judge in Pennsylvania upheld the FTC rule, noting in that case that “The FTC's substantive rulemaking authority has been confirmed by circuit courts interpreting the FTC Act, as well as by Congress when it enacted its 1975 and 1980 Amendments to the Act,” which sounds convincing enough until you remember that was a long time ago and the Supreme Court now believes businesses can do almost anything they want.

If we’re lucky, the case may eventually be resolved without the Supremes deciding that indentured servitude is also legal again.

[nando161mando]

We were talking about this, don't know if the law can be applied for Something that happened a lot of years ago btw.

[defilerwyrm]

Fun fact: in my state's defamation law, in cases of libel per se, damages are presumed, meaning the plaintiff doesn't have to prove they suffered financial harm.

So if someone defames your business name—such as an online handle under which you conduct business—the court presumes that you have suffered damages to your business automatically, in precedent.

This means that if you are shown to have defamed someone's business name, you're on the hook for those presumed damages.

Just an interesting thing to think about.