CPD In the News

Washington Post - 05-08-2015  -  If there’s one labor issue that’s come to the forefront of political agendas over the past few years, it’s the minimum wage: Cities and states around the country are taking action to boost worker pay, as federal efforts seem doomed to fail.

But a new wave of reform is already in the works. Instead of how much you earn, it addresses when you work -- pushing back against the longstanding corporate trend toward timing shifts exactly when labor is needed, sometimes in tiny increments, or at the very last minute. That practice, nicknamed “just-in-time” scheduling, can wreak havoc on the lives of workers who can’t plan around work obligations that might pop up at any time.

Right now, community groups and unions in Washington D.C. are formulating a bill that will address the problem of schedules that can be both shifting and inflexible. The legislation hasn’t been hammered out yet, but the labor-backed group Jobs with Justice says it will likely include a requirement that employers provide workers with notice of their schedules a few weeks ahead of time, and that additional hours go to existing employees, rather than spreading them across a large workforce.

“The one thing we’re finding overwhelmingly is that people aren’t getting enough hours to make ends meet,” says Ari Schwartz, a campaign organizer at D.C. Jobs with Justice, which is now tabulating the results of a survey of hundreds of hourly workers in the city on scheduling issues. “People aren’t getting their schedules with enough time to plan childcare and the rest of the things in their lives.”

When a proposal reaches the D.C. Council in the coming months, Washington won’t be the first: Following the passage of landmark legislation in San Francisco, bills have been offered in Indiana, Maryland, Massachusetts, Minnesota, Illinois, Connecticut, California, New York, Michigan and Oregon. Along with new proposals to expand paid sick day legislation, they are a bid to give employees more control over how they spend their time.

“These scheduling reforms are getting really popular, because it makes no sense that for example you’re required to be available to work by your employer and you’re not picked for that time,” says Tsedeye Gebreselassie, a senior staff attorney at the National Employment Law Project. “People who don’t suffer these abuses already understand what it’s like to juggle work and family, so people really identify with that as being a problem.” 

Carrots and sticks

Twenty years ago, schedules weren’t as much of a problem. Working in retail, especially, tended to be a solid 9 to 5 job.

But then retail hours grew longer. And then came computerized scheduling, which allowed employers to best fit staffing to demand. Here’s what that looks like in practice: Handing out schedules based on what times of day or the month you expect the most business, splitting up hours across a large workforce that’s available on a moment’s notice and sometimes sending people home if traffic is slow.

That helps companies optimize their labor costs, but it wreaks havoc on the lives of low-wage workers, who don’t know how much they’re going to make from week to week, and often can’t schedule anything else around work.

One worker, who spoke on the condition of anonymity because she is still employed there, has worked in the hot food prep section of the Whole Foods at 14th and P streets in Washington for 12 years. She liked it; the pay wasn’t bad, and the people were friendly. She worked consistently from 6 a.m. to 2 p.m., and took a second job as a nanny in the afternoons, which added around $300 a week to her income — more money to send home to her father in El Salvador, and to support her daughter in college in Tennessee.

But then, a new manager cut back hours; some people left and weren’t replaced. The schedule posted on the wall started to shift the worker’s days off, or tell her to come in from 10 a.m. to 4 p.m. instead. Usually she got a week’s notice, but once in a while she’d come to work and the schedule had already changed, so she’d have to go back home. After that happened on too many days, she had to drop the afternoon job. So once again, she was just squeaking by.

“She would come and say ‘I really need you to cover this shift,’ and it is what it is,” the worker says in Spanish, through a translator. “Lots of us have lost lots of jobs.”

It’s been better over the past few months, she says. And that’s not by accident: As public complaints surfaced about Whole Foods’ scheduling practices, the company rolled out a new system that allows employees to see their schedules for two weeks in advance and prevents managers from changing them at the last minute or scheduling “clopenings”-- both closing the store and opening it in the morning -- without an employee’s consent. The policy has been in place nationwide since early April, spokesman Michael Silverman says.

Whole Foods isn’t alone. Walmart has also introduced a system of “open shifts,” which allows workers to pick their own hours. Starbucks curbed some of its practices in the wake of a New York Times article last year that described their effect on one barista. The Gap is working with the Center for WorkLife Law at Hastings College of Law in San Francisco to set up pilot projects around the country that would measure the impact of giving employees stable schedules and more hours. Many companies haven’t taken into account how much their scheduling practices are actually costing them in the form of employee turnover, professor Joan Williams says.

“If you don’t count that cost, it disappears. The idea is to generate the kind of rigorous data that will be needed to persuade people to change their financial models."

— Professor Joan Williams, Hastings College of Law

“If you don’t count that cost, it disappears. The idea is to generate the kind of rigorous data that will be needed to persuade people to change their financial models," says Williams. "Our hypothesis is that if you provide people with more stable schedules, you’ll see lower turnover [and] absenteeism and higher worker engagement.”

In time, the business case may grow clear enough that more companies move toward stable schedules on their own. But Williams says legislative efforts are needed as well: A recent national survey found that 41 percent of early-career, hourly workers get their schedules less than a week in advance. In a survey of retail and restaurant workers in Washington, Jobs with Justice found that employers like Forever21 and Chipotle are among the worst offenders. (Forever21 did not respond to a request for comment. Chipotle says it publishes schedules four days in advance, with shifts lasting seven hours on average.)

And now, there’s legislation to benchmark against. Last year, San Francisco became the first jurisdiction to pass comprehensive scheduling reform, with a set of companion bills that require “formula retailers” (i.e., large chains) to give workers two weeks notice of their schedules, pay workers for the shifts when they’re on call and give hours to current employees instead of hiring more, among other provisions. The law went into effect in January, but won’t be enforced until July.

Meanwhile, scheduling legislation is in the works around the country. National groups like the Center for Popular Democracy and the National Womens Law Center are helping to build coalitions where scheduling reforms could prove politically palatable, in places like New York — where the union-backed Retail Action Project has been advocating for “just hours” for years — and Minnesota, where the AFL-CIO-affiliated Working America has been building support among non-union members for measures that would benefit all workers.

Scheduling legislation even exists on the federal level. A federal bill introduced in Congress last summer would require employers to make schedule accommodations for health or childcare needs, unless there is a “bona fide business reason” for denying it. Yet another bill, proposed last month, would prevent employers from firing workers for requesting a schedule change.

But it hasn’t been smooth sailing for the scheduling reform movement. A Maryland bill failed this year, in the face of employer opposition. And though there isn’t even a bill yet in Washington, businesses are voicing skepticism.

“Any time you alter how employers hire, schedule or retain their workforce, if that flexibility makes DC less attractive to businesses, than I’m concerned about that."

— Harry Wingo, president of the D.C. Chamber of Commerce

“Any time you alter how employers hire, schedule or retain their workforce, if that flexibility makes DC less attractive to businesses, than I’m concerned about that,” said Harry Wingo, president of the D.C. Chamber of Commerce. “The D.C. chamber is concerned about any restrictions on free enterprise.”

It’s perhaps more concerning to employers than even raising the minimum wage: That’s just extra cost. Scheduling, by contrast, impacts the very core of how they’ve learned to do business.

Making it real

Laws, of course, are only as good as their enforcers. And scheduling laws, with their far-reaching impact, could be particularly difficult to follow up on.

Just ask unions, which already have many of the proposed scheduling rules in their contracts. Making sure employers stick to them is a big job, even though union dues pay for far more inspectors — in the form of business agents and shop stewards — than city and state governments ever will.

“The union has this exact set of provisions in its contracts, and they are extremely important for making sure that if you have the seniority you can get the fullest work week possible,” says John Boardman, president of UNITE-HERE Local 25, which represents 6,500 mostly hotel workers in the D.C. area. “But it also takes a very, very strong enforcement mechanism in order to make these provisions of the contract viable and living.”

Jobs with Justice already knows this. A few years ago, D.C. passed laws requiring employers to pay for a minimum of 4 hours in a shift, even if a worker was sent home early, and to pay an extra hour’s worth of wages for every “split shift” (with a long break in the middle) that an employee works. In its survey, Jobs with Justice found that workers were sent home early and asked to work split shifts just as much as they were in 2010, when another survey was done, suggesting the laws hadn’t had much effect.

That’s why they’re hoping the city will put more resources into enforcement, in the form of inspectors and people to process claims. But it’s also going to have to involve a massive education campaign to make workers aware they even have these new rights.

"It is easier to enforce these things when you have a union contract and a grievance procedure, and a shop steward and union infrastructure to back that up,” says Schwartz. “But we can’t keep relying on that as our only model. Because there’s so many workers in the growing retail and restaurant sectors that need those protections, too.”

Source: The Washington Post

NJ.com - 05-06-2015 -  Newark's schools should add more social services and community programming to tackle issues of poverty afflicting local neighborhoods, a group of education advocates said Tuesday.

Dubbed the "community school" model, schools should strive to address needy students' health and emotional needs, teach content beyond what is included in standardized tests and include parental input in the decision making.

NJ Communities United organizer Roberto Cabanas told a packed audience in Kings Family Restaurant & Catering, that the district could work local nonprofit organizations to support a wider range of student needs.

"We need to bring the village inside of the school," he said.

Cabanas was one of four panelists at an education forum organized by activists and the city, including Newark chief education officer Lauren Wells, Evie Frankl of the Center for Popular Democracy and Mary Bennett of the Alliance for Newark Public Schools.

Wells said Newark Public Schools once adopted this approach about five years ago through the Global Village Zone, when the district attempted to turn around seven schools in the city's Central Ward.

At the time, the district announced that the program would implement longer days and provide more professional development and pay for teachers. Under the model, schools were set to turn schools into a place where students would be taught but also be able to go to health clinics.

"A community school is a place, a physical place, but it's also a practice," Wells said. "It is a way about going about doing things."

The program also sought input from teachers and parents when it designed it, Wells said.

"Teachers, specifically, at 18th Avenue School worked with the principal to design what (an) extended day would look like in their school," she said.

Bennett said when she was a principal in the district she tried to better serve students on probation by working with the county probation department to have one probation officer assigned to all the students in her school.

Under the community schools model, the district could streamline cooperation between government and universities, Bennett argued.

"You shouldn't have to spend a year to try and unify the services to support students," she said.

Frankl said districts around the country including in Baltimore, New York City and Lancaster, Pennsylvania are adopting this approach.

"Community schools can happen," she said. "There is no reason why a community school should not be the definition of a public school in the United States of America."

Source: NJ.com

The Washington Post - April 28, 2015, by Valerie Strauss - A new report released on Tuesday details fraud and waste totaling more than $200 million of uncovered fraud and waste of taxpayer funds in the charter school sector, but says the total is  impossible to know because there is not sufficient oversight over these schools. It calls on Congress to include safeguards in legislation being considered to succeed the federal No Child Left Behind law.

The report, titled “The Tip of the Iceberg: Charter School Vulnerabilities To Waste, Fraud, And Abuse,” was released jointly by the nonprofit organizations  Alliance to Reclaim Our Schools and the Center for Popular Democracy. It follows a similar report released a year ago by the same groups that detailed $136 million in fraud and waste and mismanagement in 15 of the 42 states that operate charter schools. The 2015 report cites $203 million, including the 2014 total plus $23 million in new cases, and $44 million in earlier cases not included in last year’s report.

It notes that these figures only represent fraud and waste in the charter sector uncovered so far, and that the total that federal, state and local governments “stand to lose” in 2015 is probably more than $1.4 billion. It says, “The vast majority of the fraud perpetrated by charter officials will go undetected because the federal government, the states, and local charter authorizers lack the oversight necessary to detect the fraud.”

The report makes these policy recommendations:

■ Mandate audits that are specifically designed to detect and prevent fraud, and increase the transparency and accountability of charter school operators and managers. ■ Clear planning-based public investments to ensure that any expansions of charter school investments ensure equity, transparency, and accountability. ■ Increase transparency and accountability to ensure that charter schools provide the information necessary for state agencies to detect and prevent fraud.

It also says:

State and federal lawmakers should act now to put systems in place to prevent fraud, waste, abuse and mismanagement. While the majority of state legislative sessions are coming to an end, there is an opportunity to address the charter school fraud problem on a federal level by including strong oversight requirements in the Elementary and Secondary Education Act (ESEA), which is currently being debated in Congress. Unfortunately, some ESEA proposals do very little reduce the vulnerabilities that exist in the current law. If the Act is passed without the inclusion of the reforms outlined in this report, taxpayers stand to lose millions more dollars to charter school fraud, waste, abuse, and mismanagement.

The charter school sector has expanded significantly in the last decade and now educates about 5 percent of the students enrolled in public schools.  The Obama administration has supported the spread of charter schools; President Obama’s proposed budget for fiscal year 2016 includes $375 million specifically for charters, a 48 percent increase over last year’s actual budget.

Proponents say charters offer choices for parents and competition for traditional public schools. Critics say that most charters don’t perform any better — and some of them worse — than traditional public schools, take resources away from school districts, and are part of an effort to privatize public education.

The report says that any “effective, comprehensive fraud prevention system” should include:

■ Taking proactive steps to educate all staff and board members about fraud; ■ Ensuring that one executive-level manager coordinates and oversees the fraud risk assessment and reports to the board of directors, oversight bodies, and school community; ■ Implementing reporting procedures that include conflict disclosure, whistleblower protections, and a clear investigation process; ■ Undergoing and posting a fraud risk assessment conducted by a consultant expert in applicable standards, key risk indicators, anti-fraud methodology, control activities, and detection procedures; and ■ Developing and implementing quality assurance, continuous monitoring, and, where necessary, correction action plans, with clear benchmarks and reporting

The report details cases across the country, among them:

 The District of Columbia In February 2015, the DC Public Charter School Board unanimously voted to revoke the charter of the Dorothy I. Height Community Academy Public Charter School. The DC Attorney General is suing the founder, Kent Amos, for diverting public education funding to a private company for his personal profit. That private management company paid Amos more than $2.5 million over the last 2 years. Over the past 10 years, the school has paid the private entity more than $14 million and, while costs to the private company declined over that time, management fees rose. The charter board’s oversight report showed “no pattern of fiscal mismanagement.” Members of the DC Public Charter School Board have described their limited ability to oversee for-profit management companies, which face no requirement to disclose salaries or other pertinent information.

Michigan In April 2014, Steven Ingersoll, founder of Grand Traverse Academy, was convicted on federal fraud and tax evasion. He did not report $2 million of taxable income in 2009 and 2010. The school’s audit revealed a $2.3 million prepayment to Ingersoll’s school management company. The school’s later decision to write down $1.6 million of the loan put the school in a deficit position for the first time. Ingersoll then used half of a $.8 million loan for school construction to pay down some of his debt to the school.13 After the founder’s ouster, his daughter-in-law continued to handle the finances of the school.

Ohio In January 2015, the state auditor released a report of the results of unannounced visits by inspectors to 30 charter schools. In nearly half of the schools, the school-provided headcount was significantly higher than the auditors’ headcount. Schools are funded based on headcount, so these inflated figures amount to taxpayer dollars siphoned away from students. Among the seven schools with the most extreme variances between reported head count and the auditors’ headcount, almost 900 students were missing, at a cost of roughly $5.7 million.16 Auditors identified eight other schools with troubling, but less significant variances. In June 2014, a grand jury indicted the superintendent and 2 board members of Arise! Academy in Dayton of soliciting and accepting bribes in exchange for awarding a “lucrative” consulting contract to a North Carolina-based company. The contract was worth $420,919 and the charter personnel received kickbacks in the form of cash, travel, and payments to a separate business.

California In July 2014, the Los Angeles Unified School District performed a forensic audit of Magnolia Public Schools. They found that the charter-school chain used education dollars to pay for six nonemployees’ immigration costs and could not justify $3 million in expenses over four years to outsource curriculum development, professional training, and human resources services that the school itself reported doing.

The Boston Globe - April 19, 2015, by Dante Ramos - Because life-threatening crises arise at odd times, people in some fields have days when they’re on call. EMTs get called to accident scenes. Doctors have patients who might fall ill or go into labor at any moment. But do unforeseen variations in sweater sales, or in foot traffic in the housewares department, have the same urgency? Of course not.

Recently, New York Attorney General Eric Schneiderman sent letters demanding information from Gap, Abercrombie & Fitch, Urban Outfitters, and 10 other major retail chains about their use of on-call shifts — periods for which an employee must keep an open schedule but might not end up working.

Instead of simply reporting for work, the employee has to check in with a supervisor a few hours in advance. If she gets called in, she may have to scramble for a babysitter. If she doesn’t get called in, she doesn’t get paid, and it’s too late to get a shift on a second job. “People will be scheduled for eight on-call shifts in a pay period and only get called in for one shift,” says attorney Rachel Deutsch of the Center for Popular Democracy, a labor advocacy group.

Some of the retailers Schneiderman targeted have written the practice into their employee handbooks. Others, such as JC Penney, told reporters last week they have policies against it. Still others have responded cryptically to reporters’ inquires; TJX, the Massachusetts-based discount giant, told CNN Money that its schedules “serve the needs” of workers and the chain. I contacted the company to clarify, but it didn’t respond.

On-call shifts are a new frontier: They’ve proliferated at big chains because of just-in-time scheduling software, which uses up-to-the-minute data to maximize sales while minimizing the number of employees on the clock at slower times. Statistics are hard to come by, although a 2011 survey by Retail Action Project, another advocacy group, found that 43 percent of New York City retail workers were assigned to on-call shifts sometimes or often. Until Schneiderman’s office started sending out letters, the practice had attracted little regulatory attention. (In Massachusetts, the attorney general’s office is watching what happens in New York, but hasn’t taken similar action.)

Despite their relative novelty in retail, on-call shifts speak to an age-old tension. Economic life is full of uncertainty. How much should employers bear, and how much should fall on workers? Jon Hurst, president of the Retailers Association of Massachusetts, argues that stores face stiff competition from e-commerce and survive at the mercy of the customer who, he says, “moves on a dime.” He adds, “If you choose to work in retailing, you have to live with the consumer.”

In other sectors, though, people who work on call are often paid salaries that presume some unpredictability, or they’re paid for the time they spend waiting around. Deutsch used to work as a union rep for hospitals in the Bay Area. One hospital, she says, had a handful of technicians on staff who performed echocardiograms during the workday. After hours, there was a technician on call, who was paid half-time for those shifts even when there was no work.

A key difference: Echocardiogram techs have a specialized skill. Entry-level retail workers don’t, and those averse to on-call shifts are easily replaced.

Businesses aren’t social-service agencies. To rely on employers as guarantors of health care and retirement security, as the US government did after World War II, is to assume they and their workers want to be bound together intimately, for decades on end. But at the other extreme, companies that treat employee relationships as fleeting and transactional — the workplace equivalent of a one-night stand — will end up with lots of churn in their ranks.

Or they’ll be subject to lots of government mandates. Responding to a variety of complaints about unpredictable schedules, San Francisco last year approved a far-reaching “retail worker bill of rights” that, among other things, requires employers to post schedules weeks in advance. A proposed Massachusetts law has similar provisions. Hurst points out that parts of the bill would have hamstrung local retailers in February, when sales plunged during a four-week Ice Age.

Retail chains can forestall such rules by changing their ways. When stores train workers to do more than scan tags and say “I can help who’s next,” those workers can improvise. They might tend to customers during a sudden rush while prioritizing other jobs, like restocking shelves, at slower moments. If employers still believe they need on-call shifts, they can simply guarantee employees some pay for those periods. Ideally, chains would do so voluntarily. In practice, some will need a regulatory nudge.

When retailers can claim free options on hourly workers’ time, they have no incentive to make firm decisions in advance. But no one likes being strung along, and no one’s life is infinitely flexible.

Soure