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What you Need to Know about Michigan Car Crashes During Working Hours

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Many jobs nowadays require employees to drive during working hours.  So what happens when tragedy strikes and an employee is injured in a car accident while he or she is out on the road taking care of business for his or her employer?  

Employees whose duties include driving during working hours need to know if and how their medical bills will be paid and what will happen to their wages if they are injured in a car accident on the job. 

Here are the important things that employees need to know about work related Michigan car accidents and who is responsible for helping them get the medical care they need to recover, the financial support they need to support their families and the pain and suffering compensation they are entitled to. 

Who is responsible?

Generally, your employer will be responsible for paying for your medical bills and lost wages.

If you were an employee at the time you were injured and if the car accident that resulted in your injuries occurred in the course of your employment, then your employer’s Workers’ Compensation insurance will be responsible for paying for your accident-related medical bills and for your lost wages as long as your injuries disable you from working.

Depending on what an injured employee’s future medical needs and employment options may be, medical bills and lost wages will be significant factors in employees’ workers comp settlement amounts

Even if you are covered by auto insurance, Workers’ Comp will pay first – before No-Fault or any other insurance. No-Fault auto insurance only comes into play when and if an employee’s Workers’ Comp benefits have reached their limit and/or been exhausted.

Does fault matter?

No. An employee’s entitlement to Workers’ Compensation benefits for injuries arising from a car accident during working hours is not affected by whether the employee was negligent in causing or contributing to the accident.

What benefits are covered for an employee? 

Benefits include medical treatment, lost wages, and vocational rehabilitation. Medical bills should be paid in full without any co-pays or deductibles. Lost wages should be paid based upon 80% of their after-tax average weekly wage.

When is an employee not covered?

Workers’ compensation does not cover going to or coming from work. However, exceptions include: (1) when the employer paid for transportation; (2) when it occurred during working hours; (3)when the employer derived a special benefit from the activities; and (4)when the employee is exposed to excessive traffic risks. Each car accident must be examined on its own set of facts. We recommend speaking with a lawyer to make sure that Workers’ Compensation benefits are paid.

What is the role of Michigan No-Fault auto insurance?

A Michigan No-Fault auto insurance  company will be responsible for paying for  the medical care and treatment of an employee who was injured in a car accident during working hours to the extent the care and treatment is not covered by Workers’ Compensation. No-Fault will also provide wage loss benefits when Workers’ Comp coverage ceases. For example, Workers’ Comp pays 80% of an employee’s pre-injury wages, whereas No-Fault pays for 85% and, thus, No-Fault will pay for the differential in covered lost wages. 

Additionally, injured employees can make a claim for replacement services to cover household chores and tasks. Watch out for auto insurance companies who refuse to pay No-Fault claims, insisting that Workers’ Compensation is primary. No-Fault insurance companies can be made to pay when Workers’ Compensation has disputed a claim. 

Pain and suffering damages

Employees who have been hurt in a car accident during working hours because of a negligent driver can sue the at-fault driver for pain and suffering compensation in a civil lawsuit in Michigan. This compensation would be in addition to any Workers’ Compensation and/or No-Fault benefits that are received.

Lawsuits for pain and suffering apply to both drivers and passengers who were hurt. It is critical to speak with an attorney to make sure all of your legal options for the recovery of benefits and compensation have been explored.

Unfortunately, it is not uncommon that the Workers’ Compensation insurance company will try to recoup some of the money it has paid out in benefits from an injured employee’s pain and suffering settlement against an at-fault driver. Special rules govern Workers’ Comp reimbursement under these circumstances. It is essential that you talk with your lawyer before paying any money to the Workers’ Comp insurance company from your third-party settlement against the at-fault driver.

This blog is printed with permission.

About the Author: Jeffrey E. Kaufman has been a workers’ compensation lawyer since 2005 and is a partner at Michigan Workers Comp Lawyers in Farmington Hills, Michigan.  He is an executive board member for the Michigan Association for Justice and speaks annually at the association’s Annual Workers’ Compensation/Social Security Seminar.  

He believes all injured workers deserve to be on equal footing with insurance companies and employers, and he fights tenaciously so their rights are secured and protected.


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HOW FARMWORKERS IN MICHIGAN ARE FIGHTING FOR LABOR RIGHTS AND RESPECT

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On December 6, 2020, a federal judge heard arguments on a motion to dismiss in Reyes-Trujillo v. Four Star Greenhouse, a case brought by a group of farmworkers alleging wage and hour violations against the greenhouse company where they worked. The case illustrates why a strong Fair Labor Standards Act (FLSA) joint employment standard is critical to raising labor standards in the H-2A temporary agricultural visa program and providing H-2A farmworkers with a meaningful remedy for labor violations.

The plaintiffs, H-2A agricultural visa holders from México, worked for Four Star Greenhouse, a Michigan corporation that cultivates and sells plants and finished crops. Four Star engaged a farm labor contractor to recruit its workers through the H-2A visa program, which allows employers to recruit foreign nationals to the United States to work in temporary agricultural jobs.

The farm labor contractor acted as the plaintiffs’ employer by applying for their H-2A visas, transporting them to the United States, arranging for them to work at Four Star, and paying them. However, the plaintiffs worked at Four Star’s facility, under Four Star’s supervision, and for Four Star’s benefit. Four Star also arranged for their hire and paid the farm labor contractor a rate for their labor that was based on the plaintiffs’ hourly wage and hours worked.

The farmworkers allege that, while working at Four Star, they endured egregious labor violations, including not being paid for all hours worked and having their work checks bounce. The plaintiffs complained to both Four Star and the farm labor contractor that they had not been paid, after which the contractor allegedly retaliated by orchestrating the arrest and deportation of some of the plaintiffs by federal immigrant agents.

The plaintiffs, represented by the Michigan Immigrant Rights Center, Farmworker Legal Services, and Centro de Los Derechos del Migrante, sued Four Star for violations of the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Act (AWPA) based on the wage violations and retaliation they endured.

Four Star filed a motion to dismiss the case, arguing, among other things, that it was not the plaintiffs’ employer so was not responsible under the FLSA or the AWPA.

In NELP’s amicus brief supporting the plaintiffs’ opposition to the motion to dismiss, NELP argues that Congress intended for the FLSA and the AWPA to expand accountability for labor violations to companies that insert contractors between themselves and their laborers while maintaining the economic power to prevent FLSA and AWPA violations.

The definition of “employ” in the FLSA and the AWPA—which includes “to suffer or permit to work”—is the broadest definition of employment used in a law. It derives from state child labor laws, which used the “suffer or permit to work” language to reach businesses that used middlemen to illegally hire and supervise children.   

Given this broad definition, it is clear that Congress intended both the FLSA and AWPA to cover businesses that allow work to be done for their benefit and have the power to prevent wage and hour abuses, even if they disclaim responsibility as an employer.  Because Four Star had the power to know about and prevent the egregious violations that the plaintiffs endured, it should be considered the plaintiffs’ employer under the FLSA and AWPA. 

Because Four Star had the power to know about and prevent the egregious violations that the plaintiffs endured, it should be considered the plaintiffs’ employer under the FLSA and AWPA. 

Furthermore, there is endemic exploitation in the H-2A visa program, and this exploitation cannot be curbed unless companies that hire H-2A farmworkers through farm labor contractors are held accountable. Coming from homelands with few job opportunities, H-2A workers—most of whom come from México—often arrive in the United States in serious debt, having paid significant fees and travel costs for the opportunity to work in the United States.  

Companies like Four Star that use farm labor contractors to recruit, transport, and pay H-2A migrant workers exacerbate the workers’ vulnerability to exploitation.  Labor brokers like the farm labor contractor in this case traffic in foreign workers whom they hire out to a variety of different employers.   

The workers are dependent on the farm labor contractors for their housing, food and transportation and on the agricultural operations like Four Star for their jobs and livelihood.  Many farm labor contractors have few assets, which means workers cannot obtain legal recourse from them for violations of their rights. Meanwhile the agricultural operations can attempt to avoid responsibility for their migrant workers’ exploitation by pointing the finger at the farm labor contractor. 

Meanwhile the agricultural operations can attempt to avoid responsibility for their migrant workers’ exploitation by pointing the finger at the farm labor contractor. 

This attempt to deflect responsibility is precisely what is happening in the Four Star case. Holding farm operators like Four Star accountable to their subcontracted workers as an employer will improve FLSA and AWPA compliance in an industry with rampant worker abuse.  

It will incentivize farm operators to hire H-2A visa farmworkers directly, or to choose farm labor contractors with strong compliance records and to set up procedures that detect their contractors’ unlawful labor practices. And it will increase workers’ chances of obtaining a meaningful remedy for violations of their rights.

This blog originally appeared at NELP on December 16, 2020. Reprinted with permission.

About the Author: Laura Padin joined NELP in 2018 as a senior staff attorney for the Work Structures Portfolio.


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The Flint Effect: Will One City’s Crisis Spark A National Awakening?

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Jeff Bryant

When news about lead contamination in the water supply of Flint Michigan made headlines across the nation, many compared the crisis to Hurricane Katrina. Even Michigan Governor Rick Snyder called the disaster “his Katrina,” comparing the failure of government leadership in his state to the failure of public officials who left Katrina victims stranded.

But while Katrina was a singular event with a tragically long legacy, Flint is proving to be the beginning of a story playing out over a much longer time period and in more than one place.

It’s the difference between a blockbuster movie and the season opener of a TV serial.

In an update on Flint from the New York Times, we learn the crisis is anything but over. “Reports of rashes, itchiness, and hair loss” are making people fearful of using the city water to bathe in. “Families are going to extraordinary lengths to find places where they can bathe without fear,” the report says

And of course what’s yet to come is evidence of the irreversible damage done to the developing brains and nervous systems of Flint’s children due to the exposure to lead.

But what makes Flint more of a presage is the realization it’s sparking around the country about the conditions being inflicted on our youngest citizens.

Flint Is Everywhere

When New York Times columnist Nicholas Kristof wrote, “America is Flint,” he branded the crisis a “wake-up call” to address the national problem of lead toxicity in children’s environments.

Now we know some public officials indeed stirred. As the Associated Press reports, Flint prompted school officials in many places to test classroom sinks and cafeteria faucets for lead.

What they found was alarming: “Among schools and day care centers operating their own water systems … 278 violated federal lead levels at some point during the past three years. Roughly a third of those had lead levels that were at least double the federal limit.”

The reporters found an elementary school in Wisconsin with pipes, buried in the concrete foundation, leaching lead into the tap water and a Head Start center in Missouri whose relatively new building showed up with high levels of lead in the water. These facilities have switched to bottled water at considerable cost.

“No state is immune to the problem,” the article states.

The AP story follows other disturbing reports from big-city school systems plagued with lead in school drinking water. As Mother Jones reports, schools in Boston, Baltimore, Camden, and Newark “have been drinking trucked-in water for years due to lead concerns.” (The writer could have mentioned Philadelphia, too.)

The article calls schools with verified lead levels “the lucky ones” because officials at least know the water is toxic and have taken steps to address that. The much bigger problem is that many school systems simply don’t know the danger flowing through their pipes.

The article quotes a university professor who studied lead contamination in Flint, who observed, “It’s definitely the schools that you do not hear about” that are the most concerning.

It’s The Aging Infrastructure, Stupid

A significant part of the problem is that, according to Mother Jones, “roughly 90 percent of the nation’s schools aren’t required to test their water.”

But the issues go way beyond testing. As the AP reporter explains, in “almost all cases” of lead contamination, “the problems can be traced to aging buildings with lead pipes, older drinking fountains, and water fixtures that have parts made with lead.”

So even when municipal water supplies show no contamination with lead, that’s no assurance schools are lead free. Lead pipes weren’t banned until 1986, AP explains, but the average age of school buildings in America “date to the early 1970s.”

Some communities have addressed their aging school infrastructure by simply closing old buildings down. But taking that option can result in a number of potentially negative consequences.

First, after closing school buildings down, students still need somewhere to go to school, and again school buildings can often be a systemic problem. There are other problems as well.

As Rachel Cohen explains in a report for The American Prospect, closing down school buildings, even aging ones, has proven to be a very controversial issue in communities across the country. Cohen points to a number of cities where school closings have destabilized neighborhoods, devastated small businesses, and lowered local property values.

“Public schools have always impacted communities in ways that go beyond just educating young people,” Cohen writes, citing the benefits of “well-maintained school facilities” to economic vitality and civic life.

Also, old school buildings that are poorly maintained and in need of repair are located disproportionately in low-income communities of color, which has prompted education and civil rights advocates to connect school closings to charges of race and income discrimination.

Further, a majority of schools that are closed aren’t really closed for good. In fact, most find a second life as charter schools, and the problems don’t go away; they just change hands.

“Rather than shutter schools,” Cohen explains, “residents argue districts should reinvest in them.”

The Investment We Need

Where will the money come from?

“Increasing state and federal spending could both help struggling urban schools, and also help fortify communities more broadly,” Cohen says. She quotes an expert on school infrastructure spending who suggests the federal government “start contributing at least 10 percent toward district capital budgets” to low-income communities to Title I funding.

Much better still would be a national program addressing our aging education infrastructure. Congress is currently engaged in budget talks, but so far rescuing school children from their increasingly unsafe learning environments hasn’t been on the agenda, with one exception.

The exception comes from the Congressional Progressive Caucus, whose People’s Budgetincludes an investment of $1 trillion to “transition to 21st Century infrastructure, which ensures our roads, bridges, railways, and facilities are strong and that no town experiences the devastating effects of crumbling infrastructure we’ve seen in Flint, Michigan.” The CPC also calls for “greater investments in K-12 education.”

What better investment is there than making sure school buildings are safe and healthy?

The fact that Flint is not only staying in the news, but is also still in conversations in Congress, is testament to how disturbing the story is. But now that we know that Flint is really everywhere, it’s time to go beyond merely being disturbed to taking specific actions. Millions of school children are relying on us.

This blog originally appeared on ourfuture.org on April 14, 2016.  Reprinted with permission.

Jeff Bryant is an Associate Fellow at Campaign for America’s Future and the editor of the Education Opportunity Network website. Prior to joining OurFuture.org he was one of the principal writers for Open Left. He owns a marketing and communications consultancy in Chapel Hill, N.C. He has written extensively about public education policy.


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Extreme Bill Would Override All Local Employment Laws, Including LGBT Protections

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Zack FordDuring a meeting of the Michigan House Committee on Commerce and Trade, Republican lawmakers sneakily introduced a substitute bill replacing HB 4052. The new legislation, sponsored by Rep. Earl Poleski (R), overrides all local ordinances governing employers’ relationships with their employees. Because of the way it would impose state control, opponents have dubbed it the “Death Star” bill. Not only does it have implications for any local ordinance that controls minimum wage, benefits, sick leave, union organizing and strikes, wage disputes, apprenticeship programs, and “ban the box” policies (blocking employers from asking about felony convictions), but it would also override the LGBT protections that exist in 38 Michigan municipalities.

“A local governmental body,” the new HB 4052 reads, “shall not adopt, enforce, or administer an ordinance, local policy, or local resolution regulating the relationship between an employer and its employees or potential employees if the regulation contains requirements exceeding those imposed by state or federal law.” Because state law does not include employment protections based on sexual orientation and gender identity, all of the municipalities who do protect LGBT workers would have their ordinances voided, similar to a law that passed earlier this year in Arkansas.

East Lansing Mayor Nathan Triplett (D) posted on Facebook Tuesday expressing great concern about the bill’s consideration, noting it would invalidate not only its LGBT protections, but also its Equal Benefits Ordinance, which requires the city’s contractors to offer partner benefits to employees’ same-sex partners. Describing Tuesday’s committee hearing, Triplett explained, “When State Representative Stephanie Chang pointed out that the bill would

invalidate Michigan’s 38 local nondiscrimination ordinances, the Chairman was forced to ask: ‘Will this bill really do that?’ The answer is: yes, absolutely.” East Lansing was the first community in the country to protect against discrimination based on sexual orientation; its first ordinance became law in 1972.

The “Death Star” may be one of the most sweeping preemptive bills ever considered in any state. Ten states have passed bills prohibiting cities from enacting paid sick day policies, legislation championed by the American Legislative Exchange Council (ALEC). Last month, Oklahoma lawmakers passed a law overriding local bans on fracking. Michigan itself tried to preempt local minimum wage laws over a decade ago, but then-Gov. Jennifer Granholm (D) vetoed the bill, and Wisconsin lawmakers failed to pass a similar bill last year.

Michigan Democrats have been pushing for LGBT nondiscrimination protections at the state level, but have so far been unsuccessful. Republican lawmakers are also considering a Religious Freedom Restoration Act (RFRA), like those recently considered in Indiana and Arkansas, but Gov. Rick Snyder (R) has said he won’t sign such a bill if LGBT protections aren’t passed as well.

This blog was originally posted on May 13, 2015 on Think Progress. Reprinted with permission.

About the Author: The author’s name is Zack Ford. Zack Ford is the editor of ThinkProgress LGBT at the Center for American Progress Action Fund, hailing from the small town of Newport, PA. Prior to joining ThinkProgress, Zack blogged for two years at ZackFordBlogs.com with occasional cross-posts at Pam’s House Blend. He also co-hosts a popular LGBT-issues podcast called Queer and Queerer with activist and performance artist Peterson Toscano. A graduate of Ithaca College (B.M. Music Education) and Iowa State University (M.Ed. Higher Education), Zack is an accomplished pianist with a passion for social justice education. Follow him on Twitter at @ZackFord.


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Banking On Bankruptcy: Emails Suggest Negotiations With Detroit Retirees Were Designed To Fail

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Even before one of their own was appointed emergency manager of the city, lawyers who were consulting with Michigan officials over the winter believed Detroit should move into bankruptcy proceedings that would free the city to walk away from its commitments to retirees. Emails between Kevyn Orr — now Detroit’s emergency manager but at the time an attorney for the law firm Jones Day — and his colleagues show the lawyers believed moving directly to bankruptcy would be better for the city than going through a serious negotiating process.

In one email, an assistant to Gov. Rick Snyder (R) promises to set a meeting between Orr and someone “who is not FOIAble,” suggesting an intent to evade transparency laws. In another, Jones Day lawyers suggest to Orr that elevating Detroit’s bankruptcy in national media coverage would “give you cover and options on the back end to make up for lost time there.” Orr rejected that suggestion as unhelpful. Jones Day continues to represent Detroit in the proceedings, which could take a year or longer.

The messages made public thusfar show Jones Day attorneys defining bankruptcy as inevitable in their own words.

“It seems that the ideal scenario would be that Snyder and Bing both agree that the best option is simply to go through an orderly Chapter 9 [bankruptcy],” one Jones Day attorney writes to Orr in the emails. “Appointing an Emergency Manager, whose ability to actually do anything is questionable given the looming political and legal fights, would only serve to kick the can down the wrong path and unreasonably delay any meaningful resolution of Detroit’s problems.” Defining bankruptcy as the only route to a “meaningful resolution of Detroit’s problems” casts further doubt on the intent of the negotiations that followed Orr’s appointment in March, but a spokesman for Orr called those doubts “absurd.”

The emails were released in response to a Freedom of Information Act request by Robert Davis, a local labor activist with a troubled history. Davis faces federal corruption charges over school board funds that were spent on an advertising campaign. When the charges were filed in 2012,Davis called them politically motivated and said he is innocent.

One January exchange shows Orr reluctant to take on the emergency manager job, and concerned that the law empowering Gov. Rick Snyder (R) to appoint such officials “is a clear end-around the prior initiative that was rejected by the voters in November.” One January 31, Orr wrote that the entire emergency manager system “appears to merely adopts [sic] the conditions necessary for a chapter 9 filing.”

Orr’s assessment of the emergency manager process reinforces retiree advocates’ arguments that Orr’s actions once appointed were not good-faith negotiations with city employees, but an effort to check necessary boxes prior to filing for bankruptcy. In June, when Orr issued a proposal to retirees and bondholders in lieu of declaring bankruptcy, analysts wrote that the proposal appeared designed to be unpalatable, paving the way for the bankruptcy filing. Orr and Snyder have made clear that the bankruptcy resolution will include some cuts to retiree benefits, which are about $1,600 per month for most of the city’s 21,000 pensioners. “They made me some promises, and I made them some promises,” 76-year-old retired police sergeant William Shine told the New York Times. “I kept my promises. They’re not going to keep theirs.

Some legal hurdles may prevent the city from reneging on pension promises in bankruptcy, but the outlook is uncertain.

This article originally posted on ThinkProgress on July 23, 2013.  Reprinted with permission. 

About the Author:  Alan Pyke is the Deputy Economic Policy Editor for ThinkProgress.org. Before coming to ThinkProgress, he was a blogger and researcher with a focus on economic policy and political advertising at Media Matters for America, American Bridge 21st Century Foundation, and PoliticalCorrection.org.


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What You Need To Know About The Michigan GOP’s ‘Right-To-Work’ Assault On Workers

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On Thursday, Michigan Gov. Rick Snyder (R) backtrackedon his commitment to avoid so-called “right-to-work” legislation and by the end of the day, both the Michigan House of Representatives and the Michigan state Senate had introduced and passed separate bills aimed at the state’s union workforce.

Michigan Republicans claim the state needs the measure to stay competitive with Indiana, where lawmakers passed “right-to-work” last year. In reality, though, such laws have negative effects on workers and little effect on economic growth. Here is what you need to know about the state GOP’s campaign:

THE LEGISLATION: Both the state House and state Senate passed legislation on Thursday that prohibits private sector unions from requiring members to pay dues. The Senate followed suit and passed a different but similar measure that extends the same prohibition for public sector unions, though firefighters and police officers are exempt. The state House included a budget appropriations provision that is intended to prevent the state’s voters from being able to legally challenge the law through a ballot referendum. Due to state law, both houses are prevented from voting on legislation passed by the other for five days, so neither will be able to fully pass the legislation until Tuesday at the earliest.

THE PROCESS: Union leaders and Democrats claim that Republicans are pushing the legislation through in the lame-duck session to hide the intent of the measures from citizens, and because the legislation would face more trouble after the new House convenes in January. Michigan Republicans hold a 63-47 advantage in the state House, but Democrats narrowed the GOP majority to just eight seats in November. Six Republicans opposed the House measure; five of them won re-election in 2012 (the sixth retired). And Michigan Republicans have good reason to pursue the laws without public debate. Though the state’s voters are evenly split on whether it should become a right-to-work state, 78 percent of voters said the legislature “should focus on issues like creating jobs and improving education, and not changing state laws or rules that would impact unions or make further changes in collective bargaining.”

THE CONSEQUENCES: While Snyder and Republicans pitched “right-to-work” as a pro-worker move aimed at improving the economy, studies show such legislation can cost workers money. The Economic Policy Institute found that right-to-work laws cost all workers, union and otherwise, $1,500 a year in wages and that they make it harder for workers to obtain pensions and health coverage. “If benefits coverage in non-right-to-work states were lowered to the levels of states with these laws, 2 million fewer workers would receive health insurance and 3.8 million fewer workers would receive pensions nationwide,” David Madland and Karla Walter from the Center for American Progress wrote earlier this year. The decreases in union membership that result from right-to-work laws have a significant impact on the middle class and research “shows that there is no relationship between right-to-work laws and state unemployment rates, state per capita income, or state job growth,” EPI wrote in a recent report about Michigan. “Right-to-work” laws also decrease worker safety and can hurt small businesses.

Union leaders are, of course, aghast at Snyder and the GOP’s right-to-work push. “In a state that gave birth to the modern U.S. labor movement, it is unconscionable that Michigan legislators would seek to drive down living standards for Michigan workers and families with a law that will do nothing to improve either the state’s economic climate or the quality of life for Michigan residents,” RoseAnn DeMoro, the executive director of National Nurses United, said in a statement.

This post was originally posted on December 7, 2012 on Think Progress. Reprinted with Permission.

About the Author: Travis Waldron is is a reporter/blogger for ThinkProgress.org at the Center for American Progress Action Fund. Travis grew up in Louisville, Kentucky, and holds a BA in journalism and political science from the University of Kentucky. Before coming to ThinkProgress, he worked as a press aide at the Health Information Center and as a staffer on Kentucky Attorney General Jack Conway’s 2010 Senate campaign. He also interned at National Journal’s Hotline and was a sports writer and political columnist at the Kentucky Kernel, the University of Kentucky’s daily student newspaper.


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