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<ul class="summary-list"><li>This post originally appeared in the Insider Today newsletter.</li></ul>Good morning! Tired of having to check your email when you're supposed to be off the clock? A growing number of countries are implementing laws that make those <a target="_blank" href="https://www.businessinsider.com/ban-after-hours-work-calls-emails-could-bring-trouble-peace-2024-11">late-night emails from your boss illegal</a>.In today's big story, OpenAI's next big AI model <a target="_blank" href="https://www.businessinsider.com/openai-orion-model-scaling-law-silicon-valley-chatgpt-2024-11">isn't showing massive improvement over previous versions</a>, and it could be a sign of a new era.What's on deck:<ul><li>Markets: Prediction markets were one of the big winners of the election. <a target="_blank" href="https://www.businessinsider.com/polymarket-kalshi-trump-victory-future-prediction-markets-2024-11">So now what</a>?</li><li>Tech: The key role YouTube played <a target="_blank" href="https://www.businessinsider.com/youtube-donald-trump-podcasts-joe-rogan2024-11">in helping Trump get elected</a>.</li><li>Business: These companies <a target="_blank" href="https://www.businessinsider.com/companies-raising-prices-trump-tariffs-inflation-goods-getting-more-expensive-2024-11">have signaled they might increase prices</a> because of Trump's trade plans.</li></ul>But first, not so fast.If this was forwarded to you, <a target="_blank" href="https://www.businessinsider.com/subscription/newsletter/insider-today">sign up here.</a><h3 id="7fa5f018-5b05-4a37-a8dc-d3f89138bcb3">The big story</h3><h2 id="5fd547b9-ec52-41fc-8e08-4f4b27dd8097">Big leaps to baby steps</h2><div type="image" title="Image of Sam Altman" height="1355" width="1920" msid="115221991" hostid="261" sizebytes="24236"></div>The fastest-growing sector of tech is facing a serious speed bump.OpenAI's next artificial intelligence model, Orion, reportedly isn't showing the massive leap in improvement previous versions have enjoyed. That's leading to bigger questions about how quickly <a target="_blank" href="https://www.businessinsider.com/openai-orion-model-scaling-law-silicon-valley-chatgpt-2024-11">we can expect future generative-AI models to keep getting better</a>, writes Business Insider's Hasan Chowdhury and Beatrice Nolan.Some OpenAI employees who have used and tested Orion told The Information its improvements are only moderate and smaller than what users saw going from GPT-3 to GPT-4.It's an astounding revelation when you consider the stakes. OpenAI is considered the leading AI company, and we're learning that its most important new product may not be that much better than something it released about 20 months ago — a lifetime in the AI industry.It also undermines a core assumption about the future of generative AI: If you add more data and computing power, you get smarter and more powerful AI models. This "scaling law" is the consensus view now, yet OpenAI is reportedly struggling with it.Top AI players have eye-popping valuations based on the promise that AI models will keep getting smarter and better with time. If that growth trajectory slows, it could lead to difficult questions, particularly from investors bankrolling the hundreds of billions of dollars companies are pouring into these projects.<div type="image" title="An eye in the center while abstract swirls, numbers and chat bubbles surround it" height="1080" width="2160" msid="115221987" hostid="261" sizebytes="520698"></div>So what's holding AI models back from making another big jump?AI models are already burning through text, with one estimate predicting they'll run out of material by 2028. Companies are trying to circumvent the issue with synthetic data, <a target="_blank" href="https://www.businessinsider.com/ai-synthetic-data-industry-debate-over-fake-2024-8">but that might not be a viable solution</a>.Using more computing also comes with limitations and has the added hurdle of <a target="_blank" href="https://www.businessinsider.com/amazon-data-centers-delays-costs-power-labor-shortages-aws-ai-2024-10">needing significant power</a>. The biggest companies in the world are struggling to find cost-efficient energy sources for the massive data centers they're building as part of their AI strategy.There was always an expectation that things might slow down a bit. In July, one OpenAI customer told BI he thought the newest iteration <a target="_blank" href="https://www.businessinsider.com/openai-gpt5-gpt4-expectations-ai-2024-7">would be like going from undergrad to a PhD program</a>, as opposed to the jump from GPT-3 to GPT-4, which was like "grade school to undergrad."More resources can help address those issues to a degree, but the improvements still might not mirror what we saw in the early days of generative AI. If that's the case, investors might be unwilling to open their wallets for something they view as having diminishing returns.Even if they shell out the cash, companies will likely price their products accordingly to recoup those investments. That's a tricky proposition, as <a target="_blank" href="https://www.businessinsider.com/for-ai-models-good-enough-is-good-enough-2024-5">"good enough" is fine for plenty of users</a>.<h3 id="77f31a4c-8462-4e3d-a71f-838cb79493fb">News brief</h3><h2 id="1fcd294b-3f53-425f-9f20-4093e8623b59">Top headlines</h2><ul><li>New York Times tech workers are <a target="_blank" href="https://www.businessinsider.com/the-new-york-times-tech-workers-ending-their-labor-strike-2024-11">ending their strike</a>.</li><li>Anthony Scaramucci tells BI Trump's economic plans could cause a <a target="_blank" rel="noopener" href="https://www.businessinsider.com/stock-market-crash-risk-outlook-trump-deportation-tariff-anthony-scaramucci-2024-11">1920s-style stock-market crash</a>.</li><li>Bitcoin hits fresh record near $85,000 as investors keep <a target="_blank" href="https://markets.businessinsider.com/news/currencies/bitcoin-record-price-outlook-crypto-trump-election-digital-assets-altcoins-2024-11">cheering 'crypto president' Trump</a>.</li><li>The winners of Wall Street bonus season this year: <a target="_blank" href="https://www.businessinsider.com/wall-street-bonus-season-alan-johnson-associates-report-underwriters-2024-11">the underwriters</a>.</li></ul><h2 id="8120060b-ae66-48dc-b149-f0489a30ffa2">3 things in markets</h2><div type="image" title="Dice with the faces of Trump, Musk, RFK, and Zelensky" height="1500" width="2000" msid="115221989" hostid="261" sizebytes="103426"></div><ol><li>Betting markets are taking their victory lap and already thinking about what's next. Besides Donald Trump — and maybe Elon Musk — betting markets were arguably one of the biggest winners on election night, having predicted a resounding Trump victory. Insiders spoke to BI about how the betting markets' success <a target="_blank" href="https://www.businessinsider.com/polymarket-kalshi-trump-victory-future-prediction-markets-2024-11">could impact traditional polls and the media</a>.</li><li>Morgan Stanley teams up with Carta on the eve of an IPO boom. Carta, which helps startups and investors track company ownership, will refer clients looking to go public to Morgan Stanley. Jed Finn, the bank's wealth boss, explained how the partnership will benefit both sides <a target="_blank" href="https://www.businessinsider.com/morgan-stanley-partners-with-carta-startup-ipos-wealth-2024-11">in an exclusive interview with BI</a>.</li><li>Putting a number on the impact of Trump's potential tax cuts. Goldman Sachs said the S&amp;P 500 earnings could rise more than 20% over the next two years <a target="_blank" href="https://markets.businessinsider.com/news/stocks/trump-tax-cuts-tariffs-stock-market-sp500-inflation-china-trade-war-2024-11">if Trump cuts corporate taxes like he said he would</a>. The president-elect's blanket tariff proposal could have the opposite effect, but Wharton professor Jeremy Siegel said Trump's so focused on appealing to investors <a target="_blank" href="https://markets.businessinsider.com/news/stocks/trump-policies-tax-cuts-inflation-government-debt-deficit-jeremy-siegel-2024-11">he might soften his economic agenda to suit them better</a>.</li></ol><h2 id="f4b54806-7f81-450c-ba32-92560d4fae9b">3 things in tech</h2><div type="image" title="Distorted Youtube logo with election imagery." height="900" width="1200" msid="115221994" hostid="261" sizebytes="215788"></div><ol><li>This election, social media killed the TV star. Donald Trump spent a lot of time on the campaign trail with podcasters like Joe Rogan, <a target="_blank" href="https://www.businessinsider.com/youtube-donald-trump-podcasts-joe-rogan2024-11">who have huge YouTube followings</a> and benefit from the platform's content-recommendation algorithm. Now, the Trump administration might turn away from TV and <a target="_blank" href="https://www.businessinsider.com/twitter-donald-trump-elon-musk-2024-11">embrace new media even further</a>, given the president-elect's bromance with X owner Elon Musk.</li><li>A $3 billion healthcare startup just cut some physical therapists as it turns to AI. Sword Health, which provides virtual care for problems like muscle and joint pain, laid off more than a dozen of its clinical workforce in October, three former employees told BI. <a target="_blank" href="https://www.businessinsider.com/3-billion-sword-health-cuts-physical-therapists-2024-11">The cuts came as the startup ramps up its AI platform to treat patients</a>.</li><li>Trump's trade plan could make things muy difícil for Elon Musk. Tesla's planned $10 billion gigafactory in Mexico will hit a major roadblock if Trump pursues the massive tax he's discussed putting on vehicles imported from Mexico. Musk isn't alone — analysts warned <a target="_blank" href="https://www.businessinsider.com/trump-tariffs-threaten-elon-musk-tesla-mexico-factory-limbo-2024-11">tariffs on imported cars from Mexico would seriously hurt US automakers</a>.</li></ol><h2 id="9260fa45-d397-4b3c-b4f8-4bb193976216">3 things in business</h2><div type="image" title="Photo illustration of a lightbulb with the globe painted on it" height="960" width="1920" msid="115221992" hostid="261" sizebytes="26616"></div><ol><li>Trailblazing for a sustainable future. Solving the climate crisis will take innovation and action across industries like energy, transportation, agriculture, and finance. BI identified <a target="_blank" href="https://www.businessinsider.com/climate-action-15-global-leaders-innovating-climate-solutions-2024-11">15 entrepreneurs, policymakers, organizers, and academics</a> around the globe confronting the crisis head-on.</li><li>Expect the price of these goods to go up if Trump enacts his trade plan. Three executives have already warned they plan to raise prices if the president-elect implements the aggressive tariff proposal he campaigned on. "<a target="_blank" href="https://www.businessinsider.com/companies-raising-prices-trump-tariffs-inflation-goods-getting-more-expensive-2024-11">It's going to be very, very difficult to keep products affordable for Americans</a>," one CEO said.</li><li>Key players in Trump administration 2.0. From the wily campaign strategist who will be the first female presidential chief of staff to the ex-ICE director tapped to be "border czar," <a target="_blank" href="https://www.businessinsider.com/donald-trump-white-house-staff-cabinet-picks-list-2024-11">these are the people shaping key policies</a> for the next 4 years.</li></ol><h2 id="9f5d80ac-3466-429f-a50a-2ffbb70c65ff">What's happening today</h2><ul><li>New York judge Juan Merchan rules on claims of presidential immunity in Donald Trump's hush-money case. Trump's defense has argued that the prosecution should not have been allowed to use some evidence in the case.</li><li>Jack Teixeira, the national guardsmen who pled guilty to leaking sensitive military documents on Ukraine online, is sentenced in Massachusetts court.</li><li>Home Depot and other companies report earnings.</li></ul>The Insider Today team: Dan DeFrancesco, deputy editor and anchor, in New York. Grace Lett, editor, in Chicago. Ella Hopkins, associate editor, in London. Hallam Bullock, senior editor, in London. Amanda Yen, fellow, in New York. Milan Sehmbi, fellow, in London.

OpenAI reportedly facing issues with its new AI model is a red flag for the entire industry

<ul class="summary-list"><li>Matthew Boutte, 39, gave up a career in law to travel the world while tutoring.</li><li>During the pandemic, he decided to try new things, including data science and harvesting cilantro.</li></ul>This as-told-to essay is based on a conversation with Matthew Boutte, a graduate of Georgetown Law, who gave up his legal career to travel and tutor. It has been edited for length and clarity. Business Insider has verified his education history and income.In 2013, I graduated from Georgetown Law and became a lawyer. In 2016, I decided I didn't want to practice law anymore and could tutor to pay the bills until I figured out what I wanted to do next.Tutoring took off very quickly. In my hometown of San Luis Obispo, California, I taught math, physics, and statistics for the <a target="_blank" class="" href="https://www.businessinsider.com/how-to-study-sat-act-top-sat-tutor-2017-2">SATs</a> and other admissions exams at rates of $135 to $155 an hour.<h2 id="40cfdbc3-d515-44a0-9c64-58f3b98ca0b5">Working the tutoring into my travels</h2>In June 2017, a friend asked if I wanted to go on a trip to Japan.At that point, I'd been doing all the tutoring in person, and I realized I could do all the <a target="_blank" class="" href="https://businessinsider.com/the-rich-spend-1000s-private-tuition-some-say-its-mistake-2024-5">tutoring online</a> and travel longer.We went to Japan for three weeks. Then, I continued to Southeast Asia, tutoring the whole way. During that time, my student base expanded throughout the US, including some international students.I got into a rhythm of spending three months abroad and three months back home in California. I traveled to Western Europe and jumped around North Africa, South America, and Central America until the pandemic hit. By that point, I had earned a <a target="_blank" class="" href="https://www.businessinsider.com/7-side-hustles-that-will-earn-6-figures-or-more-2019-12">six-figure</a> salary from tutoring.I work the tutoring job into wherever I am. I settle down in the same place for a week and open up the hours I want to be available for tutoring. I spend the rest of the day exploring.One of my favorite pictures from my travels is of a tiny village in Guatemala that doesn't appear on Google Maps. There was great cell service, so I made some openings in the calendar and connected to my cellphone's Wi-Fi hotspot. There's a picture of me sitting in a chair in the jungle, tutoring. It always makes me smile.<div type="image" title="Matt Boutte Tutoring" height="3024" width="3024" msid="112617201" hostid="261" sizebytes="1154810"></div><h2 id="f32ceff9-da14-4c62-8e2c-3b7af69ea2e1">The pandemic gave me a chance to try new things</h2>My tutoring slowed down significantly at the beginning of the <a target="_blank" class="" href="https://www.businessinsider.com/private-tutoring-companies-demand-services-increase-online-learning-2020-7">pandemic</a>, so I had a lot of free time. I decided to teach myself data science.My family friend's farm near my hometown was short-staffed, so I agreed to help harvest cilantro for about two and a half weeks. It was very hard work and less financially rewarding, but I've always been fascinated with agricultural fieldwork.<div type="image" title="Matt Boutte Cilantro" height="3456" width="5184" msid="112617300" hostid="261" sizebytes="1176534"></div><h2 id="bbc62331-97f6-4c76-bcee-325160583da6">Weaving work, life, and travel together</h2>One dimension of wealth I struggled with was choosing freedom over time. When a student pays me for the hour, it's money for my time.Practicing law was the same thing. At the law firm I worked at, I <a target="_blank" class="" href="https://www.businessinsider.com/big-law-associates-what-its-like-to-bill-2400-hours-2021-12">billed</a> in six-minute increments, which messed with my perception of time. I didn't like thinking of time as having monetary value.With my travels and tutoring, I could have buckled down at home and been more efficient, but I wanted to weave work, life, and travel together.In 2021, I started a new career as a data scientist, working at the intersection of law and data science. But after I moved to Chicago, I started getting more inquiries about tutoring. Now, most of my students are in high school, and I help them with taking standardized <a target="_blank" class="" href="https://www.businessinsider.com/harvard-sat-act-standardized-testing-back-ivy-league-2024-4">tests</a> to get into university.I've recently started learning web development; maybe I'll also find ways to monetize that.I have no regrets about going to law school, but I realized pretty quickly the practice of law was not for me.Looking back, I wish I had tried more things. I've heard the analogy of a sail on a ship: You can't guarantee the wind will come, but the more sails you put up, the better off you'll be when the wind does come. So putting yourself out there, taking more risks, and learning new skills are all ways of putting up more sails.

I graduated from Georgetown Law, but I ditched the legal world to tutor. I made 6 figures while traveling the world.

<ul class="summary-list"><li>Mark Cuban says Donald Trump seems to have "a new tax cut or tariff for every city he visits."</li><li>Cuban added that Kamala Harris' team, in contrast, "thinks through proposals before she says them."</li></ul>Former President <a target="_blank" class="" href="https://www.businessinsider.com/mark-cuban-donald-trump-i-dont-hate-him-at-all-2024-9">Donald Trump</a> has proposed a slate of intense tariffs that could hit US companies if he's elected in November, and billionaire investor <a target="_blank" class="" href="https://www.businessinsider.com/mark-cuban-kamala-harris-take-out-chinese-knockoffs-2024-9">Mark Cuban</a> has some thoughts."Trump has a new tax cut or tariff for every city he visits. Even when it violates his own signed policies or the law," Cuban wrote in an X post on Tuesday.Cuban was criticizing Trump's economic policies while defending Vice President Kamala Harris' campaign during an exchange with X user @AndySwan."I tell you what I know from my conversations. Her campaign actually thinks through proposals before she says them," Cuban said of Harris' team.To be sure, Cuban has been a vocal supporter of Harris. In addition to backing her <a target="_blank" class="" href="https://www.businessinsider.com/what-you-need-to-know-about-kamala-harris-opportunity-economy-2024-9">economic agenda</a>, the "Shark Tank" star has also lauded Harris for being <a target="_blank" class="" href="https://www.businessinsider.com/mark-cuban-kamala-harris-sec-capital-gains-business-2024-9">pro-business</a>.During a September 5 CNBC interview, he also praised Harris for helping entrepreneurs access investments and for making it easier for startups to get off the ground.<h2 id="7eb052fd-093c-484e-ade6-d781ab828b36">Cuban's not a fan of Trump's tariffs</h2>This week, Cuban has been zeroing in on Trump's proposed tariffs and other economic proposals.On Monday, Cuban slammed Trump's call for a <a target="_blank" class="" href="https://www.businessinsider.com/mark-cuban-trump-call-200-percent-tariffs-john-deere-insane-2024-9">200% tariff on agriculture equipment company John Deere</a>, calling it "insane" and a "good way to destroy a legendary American company."At a Monday policy roundtable in Pennsylvania, Trump threatened to impose a 200% tariff on everything John Deere makes in Mexico but sells into the United States. The former president was responding to John Deere's plan to move part of their manufacturing process to Mexico by the end of 2026."Put a 200% tariff on the American company moving some production to Mexico," Cuban wrote on X. "But tariff Chinese manufacturers 10 or 20%, so that the Chinese products will be cheaper to sell in the US than the American company."To Cuban's point, Trump has brought up tariffs at multiple campaign stops. On Tuesday, Trump outlined another aspect of his manufacturing plan at a campaign event in Georgia — this time, involving US automakers. Trump said that if elected, he plans to impose a 100% tariff on every car made in Mexico."With the vision I'm outlining today, not only will we stop our businesses from leaving for foreign lands, but under my leadership, we're going to take other countries' jobs," Trump told rally goers.Separately, Trump has also floated the idea of <a target="_blank" class="" href="https://www.businessinsider.com/mark-cuban-trump-card-interest-rates-plan-bernie-sanders-2024-9">temporarily capping credit card interest rates</a> at around 10% during a rally in New York last week. Notably, Trump's proposal goes further than the <a target="_blank" class="" href="https://www.businessinsider.com/bernie-sanders-alexandria-ocasio-cortez-credit-cards-wall-street-2019-5">15% cap that Sen. Bernie Sanders of Vermont</a> had proposed back in May 2019.All in all, Trump's actions, Cuban says, make him look more like a Marxist than Harris. Trump <a target="_blank" class="" href="https://edition.cnn.com/2024/09/03/media/elon-musk-x-kamala-harris-trump-misinformation/index.html">and his supporters</a> have often <a target="_blank" class="" href="https://www.businessinsider.com/kamala-harris-price-gouging-ceiling-policy-inflation-krugman-oleary-ramsey-2024-8">accused Harris of being a Communist</a>."Who has proposed price controls? Trump. Who has proposed a tariff tax on all imports because he doesn't understand them? Trump. Who has said he would punish companies that produced in Mexico, despite his policy, USMCA, allowing it? Proving he doesn't know his own policies? Trump," Cuban wrote in a Tuesday X post."He is far more of a Marxist than she ever could be. He just doesn't know it yet," Cuban added.Cuban and representatives for the Trump campaign didn't immediately respond to requests for comment sent outside regular business hours.

Mark Cuban says Trump seems to have 'a new tax cut or tariff' for every city he visits

<ul class="summary-list"><li>The heatwave across the Southwest increases risks for outdoor workers, including construction crews.</li><li>Some construction crews in Texas are no longer guaranteed water breaks under a new law.</li><li>Heat is the top weather-related killer in the US and the climate crisis is making it more extreme.</li></ul>The punishing heat gripping Texas and expanding <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cud3BjLm5jZXAubm9hYS5nb3YvZGlzY3Vzc2lvbnMvaHBjZGlzY3Vzc2lvbnMucGhwP2Rpc2M9cG1kc3BkJnV0bV9tZWRpdW09bmV3c2xldHRlcg/61d1df3fda927262960fbe9dB920e415d" target="_blank" rel="noopener">across the Southeast</a> is making it more dangerous for construction crews, utility linemen, farm workers, and others required to be outside to make a living. Heat is <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cuZXBhLmdvdi9jbGltYXRlLWluZGljYXRvcnMvY2xpbWF0ZS1jaGFuZ2UtaW5kaWNhdG9ycy1oZWF0LXJlbGF0ZWQtZGVhdGhzP3V0bV9tZWRpdW09bmV3c2xldHRlcg/61d1df3fda927262960fbe9dB4de80f28" target="_blank" rel="noopener">the top weather-related killer</a> in the US, and the <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cuYnVzaW5lc3NpbnNpZGVyLmNvbS91cmJhbi1hcmVhcy1zdGVwLXVwLWVmZm9ydHMtdG8tY29tYmF0LWhlYXQtdGhlLWxlYWRpbmctd2VhdGhlci1raWxsZXItMjAyMi03P3V0bV9tZWRpdW09bmV3c2xldHRlcg/61d1df3fda927262960fbe9dB1fee3939" target="_blank" rel="noopener">risks are on the rise</a> because the climate crisis is fueling more frequent and extreme heat waves. <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cuY2xpbWF0ZWNlbnRyYWwub3JnL2NsaW1hdGUtc2hpZnQtaW5kZXgtYWxlcnQ_dXRtX21lZGl1bT1uZXdzbGV0dGVy/61d1df3fda927262960fbe9dBed2c4d08" target="_blank" rel="noopener">Climate Central</a>, a nonprofit that quantifies the influence of the crisis on daily temperatures around the world, found that the excessive heat in parts of Texas, Louisiana, Mexico, and Central America was at least five times as likely to occur now as compared with pre-industrial times because of man-made climate change.Scorching temperatures settled in Texas just as Gov. Greg Abbott <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly9jYXBpdG9sLnRleGFzLmdvdi9CaWxsTG9va3VwL0hpc3RvcnkuYXNweD9MZWdTZXNzPTg4UiZCaWxsPUhCMjEyNyZ1dG1fbWVkaXVtPW5ld3NsZXR0ZXI/61d1df3fda927262960fbe9dBb0d45971" target="_blank" rel="noopener">signed a law</a> that preempts local labor, agriculture, environmental, and other policies that don't align with state codes. Critics say the law will override the few protections that construction workers in Austin and Houston are guaranteed, including 10-minute breaks every four hours to drink water and rest in the shade."Those ordinances were fought for and won by construction workers because they were experiencing heat-related illnesses themselves or watched coworkers pass out on the job," said Daniela Hernandez, the state legislative coordinator for the Workers Defense Project, which advocates for low-wage immigrant workers in Texas.Texas laws don't mandate that workers get breaks. At the national level, the Occupational Safety and Health Administration recognizes that heat can be a workplace hazard, though it doesn't require employers to take specific actions to protect workers. The <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cub3NoYS5nb3YvaGVhdC1leHBvc3VyZS9ydWxlbWFraW5nP3V0bV9tZWRpdW09bmV3c2xldHRlcg/61d1df3fda927262960fbe9dB534003c1" target="_blank" rel="noopener">agency in 2021 started collecting information</a> to help inform a national heat standard for indoor and outdoor workers, but a final rule could be years away. <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cub3NoYS5nb3YvaGVhdC1leHBvc3VyZS9zdGFuZGFyZHM_dXRtX21lZGl1bT1uZXdzbGV0dGVy/61d1df3fda927262960fbe9dB07c67b15" target="_blank" rel="noopener">California, Minnesota, and Washington</a> have developed their own OSHA-approved plans to protect workers from extreme heat. The preemption law that Abbott signed takes effect September 1. Andrew Mahaleris, a spokesperson for Abbott, told Insider in a statement that ensuring the safety of Texans was a top priority as the state experienced high summer heat. Mahaleris said the law wouldn't prohibit people from taking water breaks. The bill's <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly9zZW5hdGUudGV4YXMuZ292L21lbWJlcnMvZDA0L3ByZXNzL2VuL3AyMDIzMDIwOWEucGRmP3V0bV9tZWRpdW09bmV3c2xldHRlcg/61d1df3fda927262960fbe9dB231b9a93" target="_blank" rel="noopener">cosponsors in February said</a> it would boost Texas' economy because businesses wouldn't be subject to contradictory and onerous regulations. At least four people have died in Texas in the past three weeks during broiling-hot days. A teenage boy and his stepfather died hiking in Texas' Big Bend National Park on Friday, when temperatures reached 119 degrees Fahrenheit, <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cubnBzLmdvdi9iaWJlL2xlYXJuL25ld3MvdHdvLWZhdGFsaXRpZXMtaW4tYmlnLWJlbmQtbmF0aW9uYWwtcGFyay5odG0_dXRtX21lZGl1bT1uZXdzbGV0dGVy/61d1df3fda927262960fbe9dB951bb834" target="_blank" rel="noopener">according to the National Park Service</a>. A US Postal Service worker in North Texas <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cuZm94NG5ld3MuY29tL25ld3MvZGFsbGFzLXVzcHMtd29ya2VyLWRpZXMtYWZ0ZXItcGFzc2luZy1vdXQtZHVyaW5nLWV4Y2Vzc2l2ZS1oZWF0P3V0bV9tZWRpdW09bmV3c2xldHRlcg/61d1df3fda927262960fbe9dB989db1d7" target="_blank" rel="noopener">collapsed and died</a> on the job during a sweltering day this month. And local officials said <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly93d3cud3Nhei5jb20vMjAyMy8wNi8yMS91dGlsaXR5LWxpbmVtYW4tZGllcy13aGlsZS1oZWxwaW5nLXJlc3RvcmUtcG93ZXItdGV4YXMtcmVzaWRlbnRzLWZvbGxvd2luZy1zdG9ybXMvP3V0bV9tZWRpdW09bmV3c2xldHRlcg/61d1df3fda927262960fbe9dB4e21e1f4" target="_blank" rel="noopener">a utility lineman from West Virginia</a> died after working to restore power in East Texas. The utility worker's death was attributed to heat-related causes, while the other fatalities are still being investigated. Hernandez told Insider that the Workers Defense Project worked closely <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly9ob3VzZS50ZXhhcy5nb3YvbWVtYmVycy9tZW1iZXItcGFnZS8_ZGlzdHJpY3Q9NTEmdXRtX21lZGl1bT1uZXdzbGV0dGVy/61d1df3fda927262960fbe9dB43ea2210" target="_blank" rel="noopener">with state Rep. Lulu Flores</a>, a Democrat who represents Austin, <a href="https://newsletter.businessinsider.com/click/31937092.13492/aHR0cHM6Ly9jYXBpdG9sLnRleGFzLmdvdi9CaWxsTG9va3VwL0hpc3RvcnkuYXNweD9MZWdTZXNzPTg4UiZCaWxsPUhCNDY3MyZ1dG1fbWVkaXVtPW5ld3NsZXR0ZXI/61d1df3fda927262960fbe9dC58a0016e" target="_blank" rel="noopener">on legislation</a> that would establish a state heat-illness-prevention advisory board. Its task would be to develop standards to protect indoor and outdoor workers and to establish fines for employers that don't comply. The bill didn't go anywhere in the GOP-controlled state legislature."We know how to prevent heat-related deaths and illnesses," Hernandez said. "Access to drinking water and bathrooms, taking breaks in the shade — and there's also an education component that's important."

A new Texas law will override mandated rest and water breaks for construction crews as extreme heat rises

<ul class="summary-list"><li>A nonprofit accused a "Got Milk?" ad featuring the actor Aubrey Plaza of violating federal laws.</li><li>The spot used USDA funds to disparage plant-based milk, per a complaint filed with the USDA.</li></ul>A nonprofit has accused a "Got Milk?" advert featuring "The White Lotus" actor Aubrey Plaza of violating federal laws.<a href="https://www.prnewswire.com/news-releases/introducing-wood-milk-for-the-next-generation-of-milk-drinkers-301803506.html" target="_blank" rel="noopener">The ad</a>, which was created using funding from a US Department of Agriculture program to promote dairy milk, features Plaza talking up "Wood Milk," a milk alternative made from trees. At the end of the spot, she reveals that the product is fake. "Only real milk is real," Plaza said.<a href="https://www.businesswire.com/news/home/20230525005754/en/USDA%E2%80%99s-Dairy-Ad-Featuring-Aubrey-Plaza-Violates-Federal-Laws-Physicians%E2%80%99-Complaint-Alleges">A complaint</a> filed by the Physicians Committee for Responsible Medicine with the USDA's inspector general accused the ad of running afoul of two federal requirements for USDA-backed ads.The complaint cited a federal law that prohibits USDA-backed ads from disparaging other agricultural commodities. Another statute said that the ads couldn't influence government action or policy. Right now, the Food and Drug Administration is seeking public comments on proposed labeling <a href="https://www.businessinsider.com/almond-plant-based-milks-can-be-called-milk-fda-says-2023-2">guidelines for plant-based milk</a>.The Physicians Committee wrote in its complaint that the spot was "designed to elicit 'backlash' against plant-based milks." The Committee is a nonprofit that advocates for public health and animal rights, especially those related to the food system and medical testing."This conduct unabashedly violates the legal guardrails that exist to prevent USDA from promoting one commodity to the detriment of others," the complaint continued.A representative for the "Got Milk?" campaign deferred comment to the USDA. A representative for the USDA did not immediately respond to a request for comment.Plaza <a href="https://www.businessinsider.com/aubrey-plaza-emma-roberts-slammed-big-milk-celebrity-campaigns-2023-4">faced backlash</a> for appearing in the ad when it debuted last month. "I thought we left the cow milk propaganda in the 90s," one commenter on social media wrote, referencing the series of "Got Milk?" ads that featured celebrities sporting mustaches after drinking a glass of dairy milk.The complaint marks the latest flashpoint between the US dairy industry and brands that make milk out of plant-based ingredients, including soy, almonds, and peas. While just 15% of milk sold in the US in 2022 was plant-based, the category is growing faster than cow's milk: Plant-based milk sales grew 8% to $2.8 billion in 2022, according to the <a href="https://www.plantbasedfoods.org/2022-u-s-retail-sales-data-for-the-plant-based-foods-industry/" target="_blank" rel="noopener">Plant Based Foods Association</a>. Meanwhile, the production and consumption of cow's milk in the US has been <a href="https://www.google.com/search?q=total+fluid+milk+sales+in+us+2022&amp;tbm=nws&amp;sa=X&amp;ved=2ahUKEwieu5vs6p3_AhXFFlkFHTVgDK8Q0pQJegQIDBAB&amp;cshid=1685477062303569&amp;biw=1326&amp;bih=702&amp;dpr=2" target="_blank" rel="noopener">declining for years</a>.Plant-based milk companies have engaged in ad stunts of their own. A recent campaign from Silk mimicked the original "Got Milk?" ads, with the <a href="https://www.businessinsider.com/nepo-babies-oneal-travolta-plant-based-got-milk-style-ads-2023-2">children of celebrities</a> showing off plant-based milk mustaches. Oatly, a Swedish brand that gained attention for a bizarre <a href="https://www.businessinsider.com/oatly-released-t-shirt-widely-hated-super-bowl-commercial-2021-2">Super Bowl ad</a> in 2021, recently launched <a href="https://www.businessinsider.com/oatly-created-fck-oatly-a-website-detailing-its-scandals-2023-5">a website</a> that catalogs its missteps.

Aubrey Plaza's satirical ad for 'wood milk' violated federal law, a new complaint says

<ul class="summary-list"><li>The Biden administration proposed the first-ever national heat protection standards for workers.</li><li>The rule targets about 35 million workers in industries like construction and agriculture.</li></ul>The Biden administration on Tuesday proposed the first-ever national standards for protecting workers <a target="_blank" href="https://www.businessinsider.com/extreme-heat-already-ruining-summer-travel-going-to-get-worse-2024-6">during excessive heat</a>.The rule, if finalized, would affect about 35 million workers across the country in industries like construction, agriculture, delivery, landscaping, and utility line repair. Workers in restaurants and factories where there isn't <a target="_blank" href="https://www.businessinsider.com/more-expensive-cool-home-this-summer-extreme-heat-energy-bills-2024-6">access to air conditioning</a> could also be covered by new requirements for employers.The Occupational Safety and Health Administration has to accept public comments before drafting a final regulation in the coming months. If finalized, Republican-led states and business groups are likely to sue the administration to block the rule, and a <a target="_blank" href="https://www.businessinsider.com/supreme-court-decisions-chevron-sec-federal-government-regulations-2024-6">string of recent Supreme Court rulings</a> curtailing federal agencies' power could also make it harder for regulations to survive legal challenges. Former president <a target="_blank" class="contextual_link" href="https://www.washingtonpost.com/donald-trump/?itid=lk_inline_manual_4">Donald Trump</a> would likely block the rule from becoming final if he wins a second term in November.The proposal comes as millions of indoor and outdoor workers have been exposed to record-setting heat waves this summer. On Tuesday, more than 75 million Americans were under heat alerts, <a target="_blank" href="https://www.washingtonpost.com/weather/2024/07/01/july-heat-wave-records-california-plains/">according to the National Weather Service</a>. The climate crisis is causing more frequent, intense, and longer-lasting heat waves in major cities across the US, <a target="_blank" href="https://www.epa.gov/climate-indicators/climate-change-indicators-heat-waves">federal climate scientists have found.</a>"Heat is a problem and a growing one," Acting Labor Secretary Julie Su told Business Insider. "For workers, it's not just inconvenient or uncomfortable, it's it's actually potentially deadly. So we are doing this because no worker should have to do a job that's life threatening."More than <a target="_blank" href="https://www.bls.gov/opub/ted/2023/36-work-related-deaths-due-to-environmental-heat-exposure-in-2021.htm">436 workers died on the job due to heat exposure</a> between 2011 and 2021, according to the Bureau of Labor Statistics. Nearly 34,000 workers suffered heat-related injuries that required time away from work.OSHA <a target="_blank" href="https://www.osha.gov/sites/default/files/Heat-SBREFA-Panel-Report-Full.pdf">last year said these figures</a> are "vast underestimates" because the definition of a heat-related illness varies by jurisdiction and there's a lack of recognition that heat is a "causal or contributing factor to illness." That leads to inconsistent reporting by medical professionals and employers also underreport these cases, OSHA said. The agency has been criticized by worker safety advocates for failing to conduct more heat inspections, as well.<h2 id="14dfce0d-efe0-4cb1-8a79-194e931cb77d">What will employers have to do and when?</h2>OSHA is <a target="_blank" href="https://www.osha.gov/sites/default/files/Heat-NPRM-Final-Background-to-Sum-Ex.pdf">proposing two heat index thresholds</a> that kick in requirements for employers. The heat index is what the temperature feels like to the human body when humidity is combined with the air temperature.Employers with workers exposed to 80 degrees Fahrenheit either indoors or outdoors would have to regularly monitor the temperature and create an injury and illness prevention plan that details how to respond when workers express symptoms of heat illness.Access to drinking water, a shaded or cool break area, and rest breaks would be required. So would an "acclimatization" plan that ensures new employees can gradually adjust to the heat, such as slowly increasing their workload or giving them 15-minute rest breaks every two hours."Notably, acclimatization is the leading killer among the different factors related to heat illness," a senior administration official said. "So 3 out of 4 workers who die on the job due to heat-related heat illness die on that first week and on the job."At 90 degrees additional requirements kick in, including checking in with workers on the job alone, mandatory paid rest breaks every two hours, and a hazard alert system that reminds employees how to stay safe.The rule doesn't cover government employees or emergency responders.<h2 id="6167b0e1-2511-4f69-aafb-3c56d772f05b">Didn't Texas and Florida block heat safety mandates?</h2>Yes, Texas and Florida have blocked local ordinances aimed at protecting workers during extreme heat.A Florida law that took effect on July 1 bars cities and counties in the state from imposing their own rules on business, like requiring water breaks — something Miami-Dade County considered last year.Texas Gov. Greg Abbott <a target="_blank" href="https://www.businessinsider.com/texas-extreme-heat-construction-crews-lose-breaks-water-2023-6#:~:text=A%20new%20Texas%20law%20will,crews%20as%20extreme%20heat%20rises&amp;text=The%20heatwave%20across%20the%20Southwest,breaks%20under%20a%20new%20law.">last year also signed a law</a> that preempts local labor, agriculture, environmental, and other policies that don't align with state codes. Critics said the law overrode the few protections that construction workers in Austin and Houston were guaranteed, including 10-minute breaks every four hours to drink water and rest in the shade. Abbott said the goal was to prevent a patchwork of different rules that would be confusing for businesses.A senior administration official said OSHA's proposal, if finalized, would apply to all states including Texas and Florida.Su said she's talked to workers in Texas and Florida, who've asked what a nationwide standard would mean for them. She's reassured them that federal rules would apply in those states, too."This rule is meant to make sure that in every state, employers know what the standard is," Su said. "I hear this all the time from employers that having consistency and predictability is very, very important."<h2 id="26ac1ada-9094-40f8-aee8-b760857d72ff">Do any states already have heat protection laws?</h2>Yes. Five states have laws that aim to protect employees exposed to heat: Minnesota, California, Washington, Oregon, and Colorado.A senior administration official said OSHA's proposal is similar to standards that have been successful in those states.California has had its law on the books since 2006. Washington and Oregon created worker protections after several farm workers died during a heat wave in June 2021.A senior administration official said OSHA will review state plans to ensure they are at least as effective as the federal rules.<h2 id="a94ffa62-a517-438e-9e33-6b3a930128f0">Are businesses opposed to OSHA's rule?</h2>The Guardian <a target="_blank" href="https://www.theguardian.com/environment/2023/jul/31/heat-protections-workers-big-business-lobbies#:~:text=Big%2Dbusiness%20lobbyists%2C%20including,implement%20workplace%20heat%20protection%20standards.">reported </a>that some groups representing agriculture and construction companies have lobbied against state and federal efforts to enact heat protection standards. These groups, including the American Farm Bureau Federation and the Construction Industry Safety Coalition, argued that the requirements could be too complex and costly.But groups that represent farmworkers who pick fruits and vegetables in extreme heat in states like California, Arizona, and Florida have pressured OSHA for years to enact a federal standard.A senior administration official said OSHA also convened a national advisory committee of construction representatives comprised of management and labor interests."That group voted unanimously that we proceed expeditiously with rulemaking," the official said. "So while we may not agree on the contents of the proposal, there are fair number of of employer groups out there that that recognize the importance of a level playing field when it comes to a heat rule."Are you a business owner or worker who would be affected by heat protection rules? Contact this reporter at <a target="_blank" href="mailto:cboudreau@businessinsider.com">cboudreau@businessinsider.com</a>.

Extreme heat is affecting workers this summer. New federal rules would require bosses to provide rest, water, and shade.

<ul class="summary-list"><li>DeSantis signed a bill into law to crack down on undocumented workers in Florida.</li><li>It imposes new data collection on hospitals and makes it illegal for undocumented workers to drive.</li></ul>Republican Gov. Ron DeSantis signed a sweeping bill into law Wednesday that will make it harder for undocumented people to work in Florida, even though the measure fell short of his demands.The measure is set to be coupled with $12 million in the state budget to relocate migrants from other states, following a controversial political stunt by DeSantis last year in which he <a href="https://www.businessinsider.com/desantis-dumps-migrants-on-marthas-vineyard-locals-respond-kindly-2022-9">authorized a plane</a> carrying Venezuelan and Colombian migrants to fly from Texas to Martha's Vineyard, Massachusetts.DeSantis boasted about the stunt during a press conference in Jacksonville, Florida, on Wednesday, saying officials in blue states expected border states to "grin and bear" the care of an influx of migrants. The sweeping changes just signed into law ban undocumented people from driving cars even with licenses from other states, ban localities from issuing IDs to undocumented immigrants, impose felony-level penalties on people who knowingly bring undocumented people to Florida, and require private employers to use e-verify — a system that checks prospective workers' residency status.Hospitals will be required to ask patients for their residency status, and to collect data for the state on how much they spend providing healthcare to undocumented immigrants. Critics of the new legislation said they were deeply concerned about how it would affect businesses in Florida. "This law will hurt Florida's economy at a time when we businesses are struggling with crippling labor shortages in key sectors like healthcare, construction, agriculture, and food service," Mike Fernandez, chairman of MBF Healthcare Partners and co-chair of the American Business Immigration Coalition, said in a statement. DeSantis is widely expected to mount a presidential run now that Florida's lawmaking session has ended. Should he do so, he would face off against former President Donald Trump, whose hard-line, anti-immigration rhetoric and actions whipped up his base and led to numerous lawsuits and public backlash. DeSantis has framed the policies as a direct response to President Joe Biden's immigration policies, saying the president turned a "blind eye" to the issue. He stood behind a lectern Wednesday with a sign that read "Biden's Border Crisis. The sign used the Biden campaign logo. "We have got massive problems at our southern border with Mexico," DeSantis said at Wednesday's press conference. "This is something that is the responsibility of Joe Biden. This is a responsibility he has defaulted on, really from day one of his presidency." Last year Border Patrol made nearly <a href="https://www.wsj.com/articles/illegal-immigration-arrests-hit-record-reasons-for-border-crossings-changing-11660599304" target="_blank" rel="noopener nofollow">2 million arrests of people</a> who were crossing the border illegally, and <a href="https://www.nytimes.com/interactive/2017/03/06/us/politics/undocumented-illegal-immigrants.html" target="_blank" rel="noopener nofollow">an estimated 11 million</a> people are living in the US while undocumented. An estimated 800,000 Floridians are undocumented. DeSantis signed the immigration measures into law a day before before the federal Title 42 is set to expire. The controversial, Trump administration-era policy, which began during the start of the COVID-19 pandemic, returned migrants to their home countries or sent them to Mexico. Migrants have been apprehended 2.8 million times since the policy started, show data from US Customs and Border Protection. The federal government expects that more than 12,000 people could try to cross the border every day after Title 42 ends, up from roughly 7,500 today. Biden announced <a href="https://www.nytimes.com/2023/01/05/us/politics/biden-border-crossings.html" target="_blank" rel="noopener nofollow">a crackdown</a> on illegal immigration in January, saying the federal government would deny entry to people from Cuba, Haiti, Nicaragua, and Venezuela if they bypass official ports into the US from Mexico. While the signing marks a legislative victory and priority for DeSantis, it did not include <a href="https://www.businessinsider.com/desantis-wants-new-restrictions-on-undocumented-immigrants-in-florida-2023-2">one of the governor's top asks</a>: the repeal of a provision that allows children of undocumented immigrants to get in-state college tuition rates when they've attended a Florida high school for three consecutive years. Florida has <a href="https://www.businessinsider.com/florida-gets-top-ranking-in-education-amid-desantis-war-on-woke-2023-5">one of the lowest</a> costs for public colleges and universities in the US: <a href="https://www.usnews.com/news/best-states/articles/2023-05-03/critics-say-desantis-is-undermining-floridas-vaunted-education-system">less than $5,000 on average</a> for in-state students who attend four-year institutions, according to US News &amp; World Report. Lieutenant Gov. Jeanette Nuñez <a href="https://www.tampabay.com/news/education/college/bill-would-revoke-florida-law-that-allows-undocumented-students-to-pay/2304629/" target="_blank" rel="nofollow noopener">originally introduced</a> the bill allowing in-state tuition for children of undocumented immigrants when she was a state lawmaker representing Miami. US Sen. Rick Scott, DeSantis' predecessor in the governor's mansion, signed the bill into law.Scott told reporters in February that it would be "unfair" to take away in-state tuition for undocumented immigrants. "They didn't come here on their own volition," Scott said in Tampa, <a href="https://www.politico.com/newsletters/floridaplaybook" target="_blank" rel="noopener nofollow">according to Politico</a>. "It's a bill that I was proud to sign. It's a bill I would sign again today."The repeal never surfaced during the lawmakers' session, even though Republicans have a supermajority that has largely been deferential to DeSantis.

DeSantis signed a bill into law that creates new hurdles for undocumented workers and patients in Florida. It provides $12 million to relocate migrants to blue states

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