Lawmakers Call for “Fair Work Week” for Workers with Changing Schedules
WTNH News 8 - April 27, 2015, by Kent Pierce - Once you hit adulthood, life becomes a balance between your personal life and work. But, for people who deal with a constantly changing schedule,...
WTNH News 8 - April 27, 2015, by Kent Pierce - Once you hit adulthood, life becomes a balance between your personal life and work. But, for people who deal with a constantly changing schedule, having a life outside of work can be tough.
Which is why lawmakers and advocates are stepping up and calling for a “fair work week.” They’re joining forces with the people who deal with unpredictable schedules to make that happen.
Connecticut may be the wealthiest state in the nation, but for every Greenwich millionaire, there are a lot of other folks getting by on hourly wages. That’s not necessarily bad. What this report says is bad for workers is the way some employers schedule their hourly workers.
The Center for Popular Democracy says, nationwide, 3 out of 5 Americans are hourly workers. In Connecticut, 885,000 people are hourly workers. That’s about 57 percent of the workforce, and about a third, 300,000, get very little notice about what hours they have to work.
That’s very tough for anyone with family or childcare responsibilities, or for workers trying to better themselves by taking some college classes, or anyone who works two jobs to support a family. There are some organizations working to get some policies in place to force employers to structure their schedules differently and give workers some notice.
Some employers, like retail chains, say they depend on last-minute scheduling to deal with sick calls or busy shopping days, and they can’t afford to pay workers to come in when they’re not really needed.
This report will be released in Hartford Monday morning at a press conference with some of those workers, some of the organizations, and Congresswoman Rosa DeLauro.
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Are Scheduling Bills Like D.C.'s Helpful or Meddlesome?
The District of Columbia Council scheduled a hearing for Jan. 13 on a bill that would require stores and restaurants to tell employees what their work schedules will be several weeks in advance...
The District of Columbia Council scheduled a hearing for Jan. 13 on a bill that would require stores and restaurants to tell employees what their work schedules will be several weeks in advance and require employers to compensate employees for last-minute schedule changes.
“This movement is under way across this country,” lead sponsor Vincent Orange Jr. (D-At Large) said when he introduced the measure Dec. 5. “San Francisco recently passed regulations to address this issue and bills have been introduced in seven states.”
The Hours and Scheduling Stability Act of 2015 wouldn't apply to all stores and restaurants, but it would have a big impact, Orange told Bloomberg BNA Dec. 17. If passed, the measure “will assist tremendously with providing [the district's] workforce and their families with certainty,” the councilmember said.
The bill would require employers to tell workers what their schedules will be at least three weeks in advance. A change in schedule less than three weeks out would require the employer to pay an extra hour of wages. Less than 24 hours' notice would require four hours of wages.
Orange's bill would cover any D.C. franchisee of a restaurant chain with at least 20 locations nationwide or a retail store chain with at least five.
Unpredicatability Affects Planning, Benefits Eligibility
It's hard enough for families to balance work and personal life, Orange said when he introduced the bill. “Having a schedule you can count on leads to a better work environment and better harmony in scheduling family obligations.”
Liz Ben-Ishai, senior policy analyst at the Center for Law and Social Policy, which supports legislation requiring employers to provide workers with advance notice of schedules, told California lawmakers in March of 2015 that volatile schedules affect workers’ ability to arrange child care. Such volatility also interferes with their ability to hold second jobs and pursue education or training, she said.
There's another problem with unpredictable schedules, Ben-Ishai told Bloomberg BNA Dec. 22. Many public assistance programs ask participants to estimate their income or number of hours they will work, she said. “Because they have these erratic schedules or insufficient hours they can't predict how much they'll make,” she said.
Utah is “an example of a good approach,” she told Bloomberg BNA. State eligibility assessors use “professional judgment” to draw on multiple sources of information, including paychecks and conversations with employers regarding anticipated hours and overtime, to determine an applicant's’ eligibility, Ben-Ishai wrote in a policy brief. Utah encourages workers to follow up on information applicants provide that may not reflect their current eligibility, such as out-of-date wage information
Ben-Ishai also suggested a different time frame for evaluating applicants’ incomes and work hours. She pointed to the Child Care and Development Block Grant, which “requires a longer authorization period” and “accounts for fluctuation in people's hours.” This federally funded program allows states to determine eligibility “over a period of 12 months to provide a more realistic picture,” she said.
Bills Introduced Around the Country
The Washington, D.C., bill is one of several under consideration in state and local legislatures, as well as on the federal level. Within the past two years, there have been similar proposals in 13 other cities and states, plus one on the federal level.
San Francisco has been the first and, so far, only jurisdiction to pass a predictable scheduling law. It passed Nov. 25, 2014, by a 10-0 vote of the 11-member Board of Supervisors and became law without the signature of Mayor Ed Lee (D). Lee said he was “concerned about large numbers of impacted merchants who said there was little meaningful discussion” in the drafting of the law (243 DLR C-1, 12/18/14).
Lizzy Simmons, the National Retail Federation's senior director, government relations, told Bloomberg BNA Dec. 30 that the San Francisco law has a “carve-out that allows unions and their collective bargaining agreements to waive out” of its requirements. She said she's concerned that allowing employees to contractually waive the law's requirements grants outsize influence to labor organizations “since a lot of the unions have been behind” efforts to pass predictable scheduling laws.
The San Francisco law actually “takes away and impedes on employee flexibility,” Simmons said. Retail managers and employees should work together to come up with schedules that can accommodate individual needs, she said. “A one-size-fits-all government mandate” makes that harder to accomplish, she said.
Part of the problem with scheduling bills is that there's little guidance on how to implement them, said Robin Winchell Roberts, the federation's senior director, media relations. For example, the San Francisco law exempts employee-requested changes from triggering schedule change compensation, which Roberts calls “penalty pay.” The key factor in determining when an employer must pay schedule change compensation is who requests the change, Roberts said. It isn't clear whether it is due when a retailer requires an employee who can't work a scheduled shift to find a co-worker to work the shift in her place, Roberts said.
The compensation might also be triggered if business is better than expected, Simmons said. For example, a store might want to extend a sale that's going well. If the store wants to staff up to respond to the additional customer demand, it might incur unexpected expenses on account of employees who weren't scheduled, she told Bloomberg BNA. “I don't think you can just say after the fact sales made up for that,” she said when asked whether the unexpected increase in revenue would offset the unexpected increase in expenses.
Flexibility Essential, Industry Group Says
“Flexibility is a trademark of the restaurant industry,” Christin Fernandez, director of media relations and public affairs at the National Restaurant Association, told Bloomberg BNA by e-mail Dec. 23. Businesses operate around the clock “with business models unique to each restaurant,” she said.
Starbucks is an example of a business that pursued its own scheduling model. The company announced in August 2014 that it would voluntarily change its scheduling practices. It said it would provide employees with schedules a week in advance. It also said it would prohibit scheduling employees to close a store one night and return a few hours later to open the next morning (157 DLR A-6, 8/14/14).
But 11 months later, a report by the Center for Popular Democracy, an organization that describes itself as advocating for a “pro-worker” agenda, concluded that the company hasn’t kept its promises. The report, “The Grind: Striving for Scheduling Fairness at Starbucks,” drew on comments from a survey of employees who say back-to-back closing and opening shifts continue. Reached for comment Dec. 22, Brent Gow, global director for payroll at Starbucks, told Bloomberg BNA he couldn’t speak on the record because the company is still working on the issue.
Reporting Time Pay Laws Exist in Some States
Predictable scheduling laws don't take into account that “some of the people that go into these jobs to begin with do it for exactly the flexibility that's being challenged here,” said Diane Saunders, a shareholder in the Boston office of Ogletree, Deakins, Nash, Smoak & Stewart P.C. who advises employers as co-chair of the firm's Retail Practice Group.
Saunders advises her clients to ensure that they comply with reporting time laws that are already on the books. In Washington, D.C., and eight states, employees are guaranteed a minimum number of hours of pay if they report to work but are sent home because business is unexpectedly slow, she wrote in a Novemberblog post.
New York Attorney General Eric Schneiderman's labor bureau chief, Terri Gerstein, wrote to 13 retailers in April 2015 as part of a review of on-call scheduling. In the letters, Gerstein reminded the companies that New York state law requires that an employee who reports for work must be paid four hours, or the number of hours of a regularly scheduled shift if that is less than four hours.
Gerstein told the retailers the attorney general's office had received reports that an increasing number of employers require their employees to call in “just a few hours in advance, or the night before.” Threatening enforcement action over this practice goes beyond what New York law says, said Jim Evans, a partner in Alston & Bird LLP's labor and employment practice who represents employers.
Whether the proposals become law, employers should focus on “the human aspect” of predictability in scheduling, he said. Employers that voluntarily change their practices and lawmakers who draft predictable scheduling laws should consider the “harsh economic consequences” of last-minute shift cancellations, he said.
New Application for Existing Laws
The New York attorney general's letters were sent to companies with household names such as Gap Inc., J. Crew and Burlington Coat Factory. One recipient was Abercrombie & Fitch Co., which is facing a class action in California over its use of on-call scheduling.
In the absence of laws requiring pay for on-call shifts, one team of lawyers is attempting to use wage and hour laws that are already on the books to help their clients. Hallie Von Rock and Carey James, of Aiman-Smith & Marcy, filed a lawsuit in December against Abercrombie & Fitch on behalf of C’endan Claiborne and a class they estimate includes between 15,000 and 65,000 members in three states.
In the lawsuit, Von Rock and James allege that the company's practice of requiring California employees to call in one hour before their scheduled start time in order to find out whether they're required to work the shift should be considered reporting to work. When an employee calls and is told to stay home, the employee is entitled to a few hours of pay, Von Rock and James told Bloomberg BNA.
Under wage and hour laws already on the books, Abercrombie should pay its employees for the time they spend calling in, Rock and James said. The calls last between two and 20 minutes, which adds up to several hours of unpaid wages per month, they said.
Von Rock and James contend that employees—who aren't paid for the time they spend on these phone calls—are reporting for work when they make these calls. “Even though they're not physically showing up” at the store, the phone call is the beginning of a work shift, Von Rock said. Abercrombie, which is represented by Morgan Lewis & Bockius LLP and Vorys Sater Seymour and Pease LLP, denies the lawsuit’s allegations.
James said the law “is undeveloped in California” as to what qualifies as reporting for work under the reporting time law. “To me, report is a straightforward word and it could just as easily mean call,” he said.
Von Rock expressed concern about a power imbalance between employers and employees. Predictable scheduling laws attempt to level the unequal bargaining power, she said.
Simmons, with the National Retail Federation, views it differently. These laws insert friction into the employer-employee relationship, she told Bloomberg BNA. “These bills punish job creators,” the federation says in its restrictive scheduling toolkit. A better approach would be to continue to allow the market to strike a balance, Simmons said.
Common Ground
One thing on which supporters and opponents of predictable scheduling laws agree is that it's too soon to tell what kind of impact San Francisco's law is having. Ben-Ishai, the policy analyst, and Simmons, of the National Retail Federation, told Bloomberg BNA it is too early to have meaningful research.
Evans, the employer-side attorney, offered advice on balancing employers' need for flexibility with workers' need for predictability. “Focus on the human aspect of it,” he said. “I represent large corporations, many of which are very focused on the human aspect of it. I think that the human aspect of the legislation and the impact of the practices can't be overemphasized.”
“It's just not fair to subject people to that last minute change and kind of harsh economic consequences,” he added. “When you measure who has the ability to absorb the impact of a last minute change in schedule, the answer's kind of obvious.”
Source: Clasp
Trump makes first mark on Fed as Senate approves key nominee
Trump makes first mark on Fed as Senate approves key nominee
President Donald Trump officially made his first mark on the Federal Reserve on Thursday, when the Senate voted 65-32 to approve his first and only nominee to the central bank’s board.
...
President Donald Trump officially made his first mark on the Federal Reserve on Thursday, when the Senate voted 65-32 to approve his first and only nominee to the central bank’s board.
Randal Quarles, a private equity investor and veteran of the Treasury Department, will also take over as the Fed's top banking regulator as the first appointee to the position of vice chairman of supervision, a role created by the 2010 Dodd-Frank Act.
Read the full article here.
Rising New York Fed President Is An Experienced Cipher
Rising New York Fed President Is An Experienced Cipher
Jordan Haedtler, campaign manager for the Center for Popular Democracy, points out that Williams was Fed president in San Francisco when Wells Fargo was signing customers up for fake accounts,...
Jordan Haedtler, campaign manager for the Center for Popular Democracy, points out that Williams was Fed president in San Francisco when Wells Fargo was signing customers up for fake accounts, noting “his supervising left something to be desired.”
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Progressive Group Sues Fed, Seeking Information on Presidential Selection
Progressive Group Sues Fed, Seeking Information on Presidential Selection
The left-leaning Center for Popular Democracy on Wednesday filed a lawsuit in federal court against the Federal Reserve, seeking to shine light on the central bank’s president selection process....
The left-leaning Center for Popular Democracy on Wednesday filed a lawsuit in federal court against the Federal Reserve, seeking to shine light on the central bank’s president selection process.
The lawsuit, filed under the Freedom of Information Act, is a product of the “Fed Up” campaign to strip private bankers’ influence from the Fed’s top rungs and increase transparency in its leadership selection. The suit was filed after the Fed ignored a FOIA request filed in August seeking information on president selections in 2015 and 2016, the group said.
“The leaders of the twelve Reserve Banks are among the most powerful and influential actors in shaping the nation’s monetary policies, yet the process by which they are chosen is completely non-transparent,” the group wrote in the complaint, filed in the U.S. District Court for the Eastern District of New York.
The lawsuit comes as Dennis Lockhart, president of the Federal Reserve Bank of Atlanta, prepares to leave the bank in February.
“The public has a right to obtain records about how the Federal Reserve’s leaders are selected, and there is no justification for the Fed’s withholding of basic information about its governance,” said Connie Chan, an attorney representing Fed Up, in a statement. “The fact that Fed Up has to bring this FOIA lawsuit is itself further evidence of the Fed’s lack of transparency.”
By Tara Jeffries
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What does the working class want? Better schedules.
What does the working class want? Better schedules.
Mirella Casares is a mother of two who juggles jobs at Victoria's Secret and Olive Garden to support her family. Her schedules are posted monthly, but they frequently change, sometimes with as...
Mirella Casares is a mother of two who juggles jobs at Victoria's Secret and Olive Garden to support her family. Her schedules are posted monthly, but they frequently change, sometimes with as little as a few hours’ advance notice. Every night before going to bed, Mirella looks at her schedule and knows it could change the next day, forcing her to rejigger her day, scramble to find childcare, and, if her hours are cut, struggle to pay the bills that week and that month.
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Small Business Hiring is Swinging Higher
CBS News - March 3, 2015, by Jonathan Berr - Want another sign of the economic rebound? Small-business hiring is on the rise.
The...
CBS News - March 3, 2015, by Jonathan Berr - Want another sign of the economic rebound? Small-business hiring is on the rise.
The Paychex/IHS Small Business Job Index posted a 0.19 percent monthly increase in February, rising to 100.84. That follows January's 0.09 percent gain and marks the second straight month of advances. On a year-over-year basis, the index, which measures hiring at businesses with 50 or fewer workers, slipped 0.31 percent.
"Small businesses are off to a solid start in 2015 when it comes to job growth," said Martin Mucci, president and CEO of Paychex, in a press release. "While it's still early in the year, the first two months have seen consistent positive improvement."
Nationally, signs of increased small-business hiring abound. Only two regions that were measured in February showed a decline, and 13 of the 20 states analyzed have index levels topping 101. The Pacific Region had the best performance in February, while New England, which has gotten pounded this winter with record-setting snowfall, showed the worst one-month performance.
Indiana edged out Texas and Florida to become the leading state for small-business hiring, and Dallas led all metropolitan areas.
The index is calculated using aggregated small-business payroll data on 350,000 small businesses and with a base year of 2004 because it was a period of expansion before the start of the economic downturn. Although politicians often refer to small businesses as an engine of economic growth, economists have disputed this notion in recent years.
Nonetheless, the report does underscore positive job market trends. During 2014, 37 states and the District of Columbia showed statistically significant improvements in employment. Texas had the largest gains (457,900), followed by California (320,300) and Florida (230,600). The biggest job losses were in Minnesota (5,200), Idaho (1,700) and New Mexico (1,600). The strengthening continued in January, when the nation's overall unemployment rate slipped to 5.7 percent.
According to the Federal Reserve, economists believe the "long-run normal" unemployment rate would be between 5 percent and 6 percent over the next five to six years in the absence of "shocks."
Jobless rates for certain categories of workers, though, remain stubbornly high. Unemployment for Millennials, for instance, was 14 percent as of January. According to Fivethirtyeight.com, this generation is poorer than people their age were in 1989 because so many are deeply indebted with student loans and are less likely to own a house.
The national jobless rate for African-Americans was 10.3 percent in January. In the two-thirds of states for which data are available, the median real wages of African-Americans fell between 2000 and 2014, while pay for whites rose 2.5 percent during the same period. Two liberal think tanks, the Center for Popular Democracy and the Economic Policy Research Institute, argued in a report released today that these job-market disparities indicate the Federal Reserve should resist pressure to raise interest rates.
"America needs the Federal Reserve to concentrate on labor market stability and ensure that wages are rising with productivity, so that workers reap the benefits from their efficiencies and hard work; that means prioritizing a wage growth target, rather than inflation," the report said. "A Federal Reserve dominated by banks and major corporations will produce an economy that works for them, at the risk of leaving tens of millions of working families -- particularly Black working families -- with little hope of a better life."
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Queens activist Ana Maria Archila takes center stage in elevator showdown with Flake
Queens activist Ana Maria Archila takes center stage in elevator showdown with Flake
Message delivered, message received — Queens-style.
Outerborough activist Ana Maria Archila, after angrily confronting Sen. Jeff Flake in a Capitol Hill elevator over his support of Supreme...
Message delivered, message received — Queens-style.
Outerborough activist Ana Maria Archila, after angrily confronting Sen. Jeff Flake in a Capitol Hill elevator over his support of Supreme Court nominee Brett Kavanaugh, said the accounts of America’s abused women were no longer falling on deaf ears after the Arizona Republican delayed a vote on the judge’s candidacy for a week.
Read the full article and watch the video here.
Dreamers Deferred As Congress Lets DACA Deadline Pass
Dreamers Deferred As Congress Lets DACA Deadline Pass
"For most of us, DACA was the only opportunity we had to come out of the shadows and show everyone what we are capable of doing, regardless of the legal status in which we stand in,” Aguilera said...
"For most of us, DACA was the only opportunity we had to come out of the shadows and show everyone what we are capable of doing, regardless of the legal status in which we stand in,” Aguilera said in a testimonial provided by the Center for Popular Democracy to ABC News...“With no clear path forward on the horizon to protect Dreamers, thousands of immigrant youth are left in limbo and in the sights of Trump’s deportation machine,” said Ana Maria Archila, co-executive director of the Center for Popular Democracy in a statement to ABC News.
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Nan Goldin and P.A.I.N. Sackler Protest the Opioid Crisis at Harvard’s Sackler Museum
Nan Goldin and P.A.I.N. Sackler Protest the Opioid Crisis at Harvard’s Sackler Museum
The organization hosted over 70 protesters at a die-in demonstration last Friday. The protest operated with support from organizations like VOCAL NY, the Center for Popular Democracy, and the Harm...
The organization hosted over 70 protesters at a die-in demonstration last Friday. The protest operated with support from organizations like VOCAL NY, the Center for Popular Democracy, and the Harm Reduction Coalition. The group marched from Harvard Square to the atrium of the Harvard Art Museums building, which hosts the Fogg Museum, Busch-Reisinger Museum, and Arthur M. Sackler Museum. Participants threw Oxycontin and Narcan (a narcotics overdose prescription medication) containers across the floor of the atrium, chanting protests like “Sacklers lie! People die! Fund harm reduction now!” Hyperallergic reached out to the Harvard Art Museums and a representative of the institution declined to comment.
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