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Know Your Rights: NYC Agencies Explain Workers’ Protections Amid PAUSE Order

 

Britta Mostofi
Britta Mostofi (pictured on far left), commissioner of the Mayor’s Office of Immigrant Affairs, participated in a Know Your Rights town hall webinar on Tuesday, Apr. 14, 2020 to answer questions from NYC workers during the COVID-19 pandemic.
Photo courtesy of Julia Chung

Beyond addressing the immediate public health concerns brought on by the spread of COVID-19, NYC agencies are also reaching out, through virtual town hall meetings, to inform workers across the City that their rights have not been suspended, even if they are undocumented immigrants.

 

In a town hall meeting streamed on Zoom and Facebook Live on Tuesday, Apr. 14, officials from four City agencies outlined the resources available to immigrant communities while the statewide PAUSE order is in effect.

 

In addition to answering employment-related questions from workers, City representatives provided information on the public charge rule, NYC workplace laws, price-gouging, NYC human rights laws regarding employment, housing, and public accommodations, how to report discrimination, how to get free financial counseling by phone, and updates on COVID-19.

 

This should prove useful given new federal guidelines from the U.S. Equal Employment Opportunity Commission (EEOC) now allow employers to ask employees certain health-related questions, or take their temperature, if they suspect the employees are infected with the coronavirus.

 

Arising from these new guidelines is a common concern among the immigrant workforce about the degree to which employers can question their employees about their private life or family, with some workers worried that such questions may negatively impact them or their family members.

 

In fact, EEOC guidelines preclude employers from asking employees direct questions about their families, but they do allow them to ask if workers have been in contact with anyone who has tested positive for COVID-19, or who is displaying  symptoms of COVID-19.

 

In a city that relies heavily on immigrants for essential work, especially during a pandemic, municipal agency officials were anxious to reassure the webinar participants of their rights and protected status. The panel included Lorelei Salas, commissioner of the City’s department of consumer and worker protection, and Rishi Sood, an executive director with NYC’s health department.

 

Attacks on Asian-Americans have been widely reported since the pandemic reached the United States. Carmelyn Malais, commissioner at the City’s commission on human rights, said the agency had received complaints of discriminatory behavior directed at immigrants since the pandemic unfolded.

 

“We have, since February, tracked about 49 related discrimination incidents [sic], related to the coronavirus, some of that being discrimination issues, or harassment issues because of somebody’s ethnic background, their national origin, their race,” Malais said. “People should know that we are enforcing the law,” she added.

 

Meanwhile, Britta Mostofi, commissioner of the Mayor’s Office of Immigrant Affairs, said it was vital for the city’s economy that immigrants’ rights be protected. “We estimate that over 50 percent of essential workers are immigrants, many of whom are undocumented,” she said, adding that she worries that the federal government is not including this vital segment of the workforce in their economic aid programs.

 

“Unfortunately, the federal stimulus, the CARES package that was passed in Congress, leaves out undocumented workers from the financial assistance,” Mostofi said. The $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES) was signed into law on Mar. 29, 2020.

 

It includes a $1,200 payment for most individual taxpayers who earn up to $75,000, and $2,400 for married couples making $150,000 or less. The act also authorizes federal payments of $600 per week to unemployed workers, on top of what their state pays them.

 

Since the webinar took place, NYC Mayor Bill de Blasio announced on Apr. 16, that an NYC COVID-19 Immigrant Emergency Relief Program has been created with Open Society Foundations, whereby $20 million will reach 20,000 immigrant workers and their families in direct, one-time emergency relief.

 

Economically, the Bronx is expected to be disproportionately impacted by the crisis, especially compared to Manhattan. A study of employment data by the Center for an Urban Future (CUF) reveals that the retail and restaurant sectors, which face severe economic losses, account for 18.7 percent of jobs in the Bronx.

 

Other industry sectors facing difficulties in the borough include personal care services, such as nail salons, beauty parlors, and barber shops. Childcare and transportation services are also especially vulnerable, because of the social-distancing restrictions included in Cuomo’s PAUSE order.

 

Unlike Manhattan, where a major cohort of the City’s workforce are office workers who can work remotely from home, the Bronx doesn’t have anywhere near the same number of office jobs. According to the CUF study, there are 1.43 million office jobs citywide, with 1.18 million in Manhattan but only 32,353 in the Bronx.

 

In Norwood, Alana Dobbins, 29, was laid off in March from her food service job. Undeterred, she’s using an app to find temporary work, and has also applied for unemployment assistance. “I’m still waiting for the stimulus package [from the federal government],” she said.

 

Dobbins expressed optimism, nonetheless, about her future. Rather than sit and wait for help from the government, she said she’s seeking opportunities to grow and to give back [to the community]. “I’ve donated baked cookies to Mount Sinai [Hospital],” she said.

 

She views her unemployment setback as an opportunity to open her own business. “I see this as a sign on next steps [sic],’ she said. “I’m looking into the baking business and learning about licenses and recipes. I want to help others as I develop a passion for my business.”

 

More information on the topics discussed during the webinar can be found on the following City agency sites:

Immigration

Consumer and Worker Protection

Human Rights

Health

 

*Síle Moloney contributed additional reporting to this story.

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