Statement on Abercrombie & Fitch’s Ending of Just-in-time Scheduling
Following reports that Abercrombie and Fitch stores will no longer schedule employees for “on-call” shifts, an unnecessary scheduling practice that forces working people to put their lives on hold...
Following reports that Abercrombie and Fitch stores will no longer schedule employees for “on-call” shifts, an unnecessary scheduling practice that forces working people to put their lives on hold for hours every week without guarantee of work or compensation for their time, Elianne Farhat, Deputy Campaign Director for the Fair Workweek Initiative at the Center for Popular Democracy, released the following statement:
“Working families across the country understand that our time counts. Every hour put on-hold is an hour they cannot plan on using to spend quality time with loved ones, study for college classes or work a second job. On-call schedules unnecessarily disrupt working people’s lives and prevent us from being able to work hard and meet our off-the-clock responsibilities. We hope this announcement comes as part of a larger shift towards better scheduling practices at Abercrombie and Fitch, and we congratulate workers with groups like RWDSU and Retail Action Project for organizing and demanding an end to this unfair scheduling practice.
“Still, the fight goes on. Working people, just like those at Abercrombie & Fitch, are standing up across the country to demand fair schedules. Employers who use this unnecessary practice, like Bath & Body Works, Gap, Urban Outfitters and L Brands should follow suit and end on-call scheduling.”
Working parents and students as well as experts on scheduling and childcare issues are available for interviews.
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The Fair Workweek Initiative (FWI), a collaborative effort anchored by the Center for Popular Democracy (CPD), is bringing together leading worker, community and policy organizations across the country to raise industry standards and develop, drive and win policy solutions that achieve a workweek working families can count on.
The Center for Popular Democracy promotes equity, opportunity, and a dynamic democracy in partnership with innovative base-building organizations, organizing networks and alliances, and progressive unions across the country. CPD builds the strength and capacity of democratic organizations to envision and advance a pro-worker, pro-immigrant, racial justice agenda.
Quit Your Job and Go to Work
This spring, Michanne was striding out of a San Francisco apartment lobby in her...
This spring, Michanne was striding out of a San Francisco apartment lobby in her Google Express jacket, fresh off delivering a mirror. Her van beckoned at the curb. It was branded in Google’s playful primary colors and logo, and on the side was the image of a package getting dropped from a parachute, easy-peasy. Michanne’s job was to make same-day, seamless deliveries of bottled water and kitty litter for Google Express, but she doesn’t actually work for Google Express — not directly, anyway. If you looked carefully, just below the van door, a few small, gray letters spelled out something most people didn’t realize: this vehicle wasn’t Google’s after all. It belonged to a company called 1–800Courier.
That day had actually been a good one. Michanne, who is 27, had worked the full eight hour shift that she’d been scheduled by 1–800Courier — one of several companies that delivers for Google Express in the Bay Area, Washington, D.C., Los Angeles, and New York City. But full days like that were becoming rare. (She didn’t want to use her last name for privacy reasons.)
When I called her back a month later and asked her to rate her job from 1 to 10, she was more upfront about her level of annoyance: “If 1 is a nightmare, I’m like a 1.5.” In fact, she’d quit.
Her complaint came down to this: she says 1–800Courier had verbally assured her full-time work when she started with the company back in October. It was a paycheck the new mother was counting on, one that didn’t leave her time to work another job. And in the company’s scheduling app she was technically scheduled for 40 hours a week for weeks in advance.
Yet, increasingly, her actual hours were decided the day of work. Michanne had to check her email an hour and a half before her first shift started to see if she would actually get to work the hours she’d been allotted. Many times she did not. She was a supposedly full-time employee who was, effectively, on-call. She’d put aside the day so she could work, but when it turned out they didn’t need her, that meant no work — and no pay.
In April, an email plunked into Michanne’s inbox, describing what she says was business as usual:
Even when she got the go-ahead to turn up for the day, Michanne’s shifts would often be cut once she was already at work. Around 5 p.m., as she ate in her van during an hour-long meal break, she would frequently get a call from the dispatcher, telling her to go home early without working her scheduled second shift. She’d still get paid something— California law mandates payment of between two hour and four hours of “reporting time” depending on the length of a cancelled shift. But it was still a huge issue: Although she was expected to be on-call for 40 hours a week, shift changes meant she was regularly dipping down to 25 hours of paid work, and even once as low as 17 hours, she recalls. At $13 an hour, she was hoping for $520 of work each week — but 17 hours is just $221.
Google pointed questions towards its contractor, which manages all scheduling for its deliveries. 1–800Courier’s California Director of Operations David Finney said that across the industry, the delivery business slows down after the holidays. “I personally empathize with that,” he said about employees whose hours get cut. “But at the same time, look at any industry in the state of California — especially in the service industry — and some days it’s just like ‘Hey, we’re sorry, we don’t need you to come in.’”
Another employee of 1–800Courier, who asked to remain anonymous so as to not irk the company, says the scheduling problems were sometimes bad for the company, too. Back in January and February, when business seemed especially slow, this worker would clock in and sit in the delivery car near the hub for hours, waiting to be dispatched. “I’d have movies picked out to watch, I got a pillow and took naps, and had stuff I wanted to read and write. I’m getting paid to do nothing. But I wouldn’t call
[dispatch] and say, ‘I need a route.’ It didn’t bother me at all.”
What did bother the Netflix-watching worker was this: more than 10 times during seven months on the job, their first shift was cut while it was already happening. But the worker was booked on to a second shift, and was made to wait around until that started. Since driving the vehicle back to the parking lot in Silicon Valley from the San Francisco dispatch hub would eat up most of the time, the worker would often drive to the movies or the mall in the city to kill time until the second shift. (The worker once got written up for taking the vehicle to Safeway during that time — saying they expected employees to just wait in the vehicle for the next shift, or drive it back to the Silicon Valley lot.)
The complaint is echoed by another former 1–800Courier worker who recently quit: “I was really getting irritated. They said ‘it’s not as high demand right now, we don’t have a lot of orders coming through, so we’re cutting the hours.’” A couple times, while the worker was in a carpool on the way to work, the dispatcher would call and say, “Oh, we removed you from the 12–5 window, you can just work for 5:30 to 10. I’d just go home and say ‘Remove me from the last window.’” The current driver says things have picked up lately, especially after a major lay-off of drivers in March that has given those who remain more work to do. 1-800's David Finney wouldn’t confirm a layoff, but said drivers are now regularly working overtime hours.
The whole idea behind the on-demand economy — touch-of-a-button delivery, often guaranteed within minutes — creates the potential for a sudden rush or dearth of customers at any moment. So how does a company make sure that the right amount of workers are around at the moment it needs them to be?
You’d think that this is something that Google, the emperor of analytics, might be able to figure out. But the company it had chosen to organize the deliveries, 1–800Courier, had not. Sometimes workers lucked out and watched movies in their cars, but more often they suffered for their employer’s failure. There may have been an abundance of employees scheduled for shifts, but ultimately the people were just as on-demand as the Costco kitty litter they delivered.
Outside of Silicon Valley, American labor is looking a lot like this already. The old, sanctified status of “employee” is getting egged in the face. The days of blue-collar job, suburban tract home, Disney vacay, and pension awaiting at the end of the 9–5 rainbow looks like a curious blip on the way to a more profit-maximized, capitalist future. It’s the age of the precariat: unions are nearly kaput, many will only know pensions from history books, and most “at will” workers can be fired as easily as Uber can kick its drivers off the app. Now many old titans of industry have latched onto this idea of on-call shift work — which many call “just-in-time scheduling,” — a grayish labor abuse tailored for the age of the text message that has lawmakers hustling to curb it.
Since the recession, millions of workers have taken part-time gigs when they’d prefer to have full-time ones — especially in hospitality and retail. And those part-time jobs increasingly jerk the workers around: In a University of Chicago study of young workers in hourly jobs, 41 percent said they got their shifts a week or less in advance. It gets worse from there: as a recent story in Harper’s Magazine laid out, companies use software to track customer flow down to the minute; resulting in managers who ask workers to be on call for work shifts, or clock out while on the job and hang around without pay during slow times to see if the workflow will pick up. Sarah Leberstein is a senior staff attorney from the National Employment Law Project, which has been monitoring the hellish scheduling practices. “The companies want to unload all the flexibility onto the workers, but workers can’t afford to live in such a state of flux.”
This spring, New York Attorney General Eric Schneiderman sent letters to 13 national retailers including Urban Outfitters to Target to Gap to Sears, questioning them about using software tracking systems and whether they made employees get the go-ahead for work less than a day before a shift:
Re: Request for Information Regarding “on call shifts”
Our office has received reports that a growing number of employers, particularly in the retail industry, require their hourly workers to work what are sometimes known as “on call shifts” — that is, requiring their employees to call in to work just a few hours in advance, or the night before, to determine whether the worker needs to appear for work that day or the next. If the employee is told that his or her services are not needed, the employee will receive no pay for that day, despite being required to be available to appear on the job site the next day or even just a few hours later on the same day. For many workers, that is too little time to make arrangements for family needs, let alone to find an alternative source of income to compensate for the lost pay.
If “just-in-time scheduling” sounds a whole lot like on-demand work, that’s because it is.
It’s not just in America that this practice is increasing. In Europe, it’s called the “zero hour” job — you’re promised work, but guaranteed nothing. And these contracts have been causing controversy in Britain ever since the financial crisis, which saw a dramatic rise in the number of just-in-time jobs as employers offloaded their risks onto the workforce. Today, almost 2 million jobs in the U.K. are now on-call. In some cases, workers are denied the benefits of full-time employees, or are prevented from finding other paying gigs without the permission of their employer — even if that employer cancels all of their shifts.
And it’s not just service industry jobs: zero hours have spread into other areas of the British economy, too. Recent figures suggest 13 percent of all healthcare workers and 10 percent of all education jobs are now in the same kind of hole that Michanne found herself in. (Finney from 1–800 said he does not consider the company’s scheduling to fall into the “just-in-time” trend.)
“The writing on the wall is we’re going to see more of an Uber and Lyft approach to workforce management in more industries,” says Carrie Gleason from the Center for Popular Democracy, a Brooklyn-based labor and social justice nonprofit. “You can see that in the just-in-time scheduling — you only want to pay for people when they’re doing the most productive work. The cost of doing business is put on the worker, so any time they’re not producing a car fare or a retail sale, it’s the worker paying for that time, not the company.”
On-demand companies pitch themselves as ultimate disrupters, breaking free of stuffy, old-world straitjackets of work. For many companies in this exploding area, there are no zero hour jobs — because the jobs have no set hours at all. The workers are independent contractors, not employees, and, at many companies, can log into work when they choose. In fact, Silicon Valley’s Chief Optimism Officer, Marc Andreessen — the venture capitalist who is funding Lyft and Instacart to build our app-based freelancer future —recently waved away a reporter’s comment about the precarious app workers in the New Yorker:“Maybe there’s an alternate way of living,” he said. “A free-form life where you press the button and get work when you want to.”
It also saves companies payroll taxes, wages, benefits — and the headache of scheduling workers. (“What other job out there can you just turn it on when you want to start and off when you want to stop — whenever you feel like it?” asked Uber CEO Travis Kalanick in his five-year company anniversaryspeech last week.)
“Uber doesn’t care if 100 or 200 are reporting to work because Uber will get the same percentage of the fare” says Leberstein, the National Employment Law Project attorney. “They’re shifting the burden of deciding whether there’s enough work onto the workers.” Many companies go so far as to give drivers a weekly breakdown on the most high-earning hours — in fact, there are entire apps dedicated to helping workers track that for themselves.
Companies claim these freedom-loving toilers will flee the moment they’re pinned down by shifts or bureaucracy. Their own internal studies suggest this is true: one Uber-commissioned poll of drivers showed more than 70 percent preferred to be their own boss rather than work a 9-to-5. About 50 percent of Lyft’s drivers drive five hours a week or less. A survey by the Freelancer’s Union found 42 percent went freelance to have more flexibility in their schedule.
“If everybody has to work a certain amount of hours, then it would put the model at risk because then it would be a very rigid model,” says Pascal Levy-Garboua, the head of business at Checkr, and organizer of a conference about the on-demand economy held in San Francisco last month. He has driven for Lyft in the past anywhere from 10 to 20 hours a week to see how it works for himself — then goes months without driving at all. “That would be the opposite of on-demand. Demand and supply are elastic, and the model works because there’s an equilibrium. If supply” — the industry’s term for what the rest of the world usually calls “workers” — “is not elastic, the model breaks.”
Yet a survey of more than 1,000 workers released last month by Requests for Startups, a tech-booster newsletter, popped a hole in what had been the great selling point of contract work in the new economy:
Work hours are demand-dependent despite the touted schedule flexibility. Although schedule flexibility is the #1 stated reason for joining a company as a contractor, ‘Peak hours / demand’ ranked highest amongst influencers of their work schedules, with nearly 50% selecting it as a very important influencer (‘My Family’ was the 2nd highest at 35%). This influence is particularly glaring when comparing current vs. ideal hours of ridesharing respondents, whose responses suggest that their ideal working hours aren’t too far off from the traditional 9–5.
Among the top reasons for leaving the job were insufficient pay (43 percent) and — spoiler alert for industry cheerleaders — insufficient flexibility (26 percent). In short, while the apps may be good for people who have another job and merely want to pad their income, if workers want to make a living on these apps, they actually have little flexibility — they need to work full-time or more, and they better be signed into work during the peak times.
The on-demand workplace is not one-size-fits-all: while complete flexibility works well for driving services with a 24-hour demand and a ready stable of drivers, companies dependent on burritos and Thai take-out reaching hungry customers have to be a bit more organized about who is on hand at meal times.
To get around this problem, many companies have started doing to their independent contractors exactly what 1-800Courier does to its employees: schedule them onto shifts.
At Postmates, an on-demand food delivery company, contractors sign up the week before for shifts in down-to-the-hour increments — those who confirm their availability are offered potential jobs first, meaning they can end up making substantially more than those hopping on the app to work spontaneously. As further motivation, Postmates also guarantees couriers who sign up for shifts a minimum of $15 an hour on weekends — if their jobs don’t add up to that, Postmates will pay them directly.
Scheduling contractors is a legally gray thing to do — since shifts are one of the IRS’ criteria in determining that a worker is an employee. (Indeed, Postmates, like many companies, is currently facing a lawsuit over classifying the couriers as contractors.)
Postmates says they aren’t shifts, exactly: workers aren’t bound to the hours they pre-select — they could just not sign into the app during the shift. Yet there are consequences. If they miss five of their allotted hours in a week, they’ll be suspended from work for 48 hours, as this email forwarded by one courier warns:
In order to avoid banishment, Postmates contractors ask for swaps on the app, much like employees have to do when they can’t make a shift.
And, like ridesharing companies, Postmates has another mechanism to get unscheduled contractors out on the road during peak times: its own surge-pricing model called “blitzes.” While the courier’s take of the delivery fee always stays the same —80 percent — blitzes increase that fee two or even three times the usual amount.
Postmates also polices the workers once signed in: one courier in New York City who asked not to be named (he didn’t want to get kicked off the app) showed me texts from the company: sometimes Postmates asks him why he’s not accepting more jobs, sometimes it commands him to stop only accepting jobs that he determines will be worth his time, and sometimes it suspends him temporarily from the app entirely. A Postmates spokeswoman says the real-time texts are aimed at getting feedback on why certain jobs aren’t attractive to couriers.
The take-away: as traditional jobs are looking more on-demand, on-demand contractor ones aren’t looking as flexible as they claim.
So where does that leave us? Employment and contractor labor models already seem to be converging at some sort of semi-flexible purgatory.
In the eyes of those who cry that companies like Uber or Lyft or Postmates are getting rich off exploiting a labor loophole — blithely skipping out of paying wages, benefits, and expenses like gas because they classify workers as freelancers—companies like 1–800Courier are actually playing the good guy. (Or at least the less evil guy.) The company has official employees which it pays $12.50 to $13 an hour, plus worker’s comp, overtime, and expenses, including gas and the occasional parking ticket.
“I do want to go on the record to say we try really hard to do right by our employees,” Finney from 1–800Courier says. “We’re not going to pass that cost onto someone else so we can save a buck… We’re practically one of the only companies in the state of California that uses the employee model. It’s the right thing to do, and, in the long run, it will be the best solution because we’ll be able to provide the best service because we have employees. With independent contractors, there’s a lot of control you give up because you can’t tell independent contractors what to do.”
Still, 1–800Courier's own problems show that employers in the on-demand economy have to be adept at managing their workflow. Otherwise they’ll lose money on wasted labor when there’s low demand, or be caught short when there’s a sudden surge.
This is not impossible. Already some on-demand companies claim to have figured it out.
One vocal proponent of employees in the industry is Managed by Q’s CEO Dan Teran, who has written about the decision to employ its workers to clean and manage offices in New York City. Their workers get to choose their work days and receive a steady schedule, and the company books them at worksites that are on convenient subway routes from their home or other job sites. Still, the company gets off easy since most of the workflow is pre-determined and consistent week to week.
The San Francisco food service Munchery has been also held up as one of the good guys in the new push-button delivery business — one of a short list that employs its couriers. One San Francisco bike messenger named Jennifer told me Munchery pays $18-an-hour plus tips from a collective tip pool — much higher than minimum wage. Still, Munchery experienced its own trip-ups. Jennifer told me that after she started working for them at the beginning of the year, there were too many messengers working the four-and-a-half hour dinner delivery window. “They were just sitting around waiting. I was told that it had been really slow for many months,” she says.
Around the end of January, Jennifer says Munchery laid off 11 bike messengers. (CEO Tri Tran would not give details of the company’s staffing, but says the layoffs were not a huge correction considering the size of his payroll: “Ten people we need to shift around — that’s a very small number for the workforce we have.”) Munchery also gets out ahead of its demand by putting parameters on how instantaneously “on-demand” it can be: outside of San Francisco’s city limits, you have to have ordered dinner by 2:00 in the afternoon, and choose an hour-long delivery window.
The workflow problems seem to be resolved for now. Since the layoffs, Jennifer says she’s delivered a steady flow of meals with little loafing.
Still, Munchery has a strong advantage: people generally eat dinner at a predictable time. Consistency is a harder promise in truly in-the-moment businesses, like Uber and Lyft, Postmates, or Google Express. How can employees ever be scheduled with perfect accuracy in those businesses? Does an hourly employee have to work rigid shifts?
Shannon Liss-Riordan is a Boston-based labor attorney suing many on-demand companies over their attempts to classify workers as contractors. She says flexible shifts aren’t incompatible with employee status: “That’s total BS. Employees can have flexible work schedules, employers are doing that all the time. All of these arguments being made are real red herrings that they’re trying to throw out there. It’s part of the whole ‘Oh, the workers love this, because they love the flexibility.’ You can give them flexibility, andpay their worker’s comp. It doesn’t have to be one or the other.” She cites one precedent-setting California case about cucumber growers who were found in California Supreme Court to be employees, even though they could set their own hours.
Of course, salaried, white-collar workers — who can call their own shots and rarely earn overtime — often have a great deal in flexibility at work. That’s harder for employees getting paid by the hour. Could part-time employees log in and out of work willy nilly, paid by the hours they actually work? Highly unlikely. If companies have to pony up for the workers, there’s little benefit to them for allowing workers to come and go as they please. Shelby Clark, executive director of Peers, which helps on-demand workers find and manage their workload, has done some back-of-the-envelope calculations on the base cost of having employees. Companies only start recovering their employee costs if workers are putting in a baseline of hours, but not overtime, “so you’d probably have a floor and a cap [on hours], and then not more than eight hours a day. You’d start to see a lot of constraints that defeat why people work in the sharing economy.”
That’s exactly what the disgruntled New York City Postmates courier told me. Despite getting pestered by texts to accept more jobs and bad tips, he explained why he stayed: “The only thing I like about this job is the freedom and flexibility.” Take away that, and he’d do what companies fear the most, especially as the competition for these workers grows: he’d never sign in for work again.
Which was exactly what Michanne at 1-800Courier did, after being forced to be flexible when she wanted stable work. In late April, she quit. Ironically, even though she was an employee, her reasons for leaving were the same as all those on-demand workers who were surveyed: lack of flexibility and low pay. She now works at a car dealership, 9-to-6.
It appears 1–800, on the other hand, is only ramping up. In the last month, the company has blanketed Craigslist with job ads for Google Express drivers to deliver for a “new upscale concierge service,” “a really cool company” to deliver retail items to homes and businesses around Silicon Valley. “It makes me wonder why they fired all those people, if they’re just going turn around and hire more,” the current employee told me while sitting in her van waiting
for a second shift to begin last week. “Just so you can fire everyone again?”
Among the listed perks in the ad? “Stable schedules” and “multiple shift choices.”
Source: Mic
New York dedicates millions of dollars to help immigrants fight deportations
New York dedicates millions of dollars to help immigrants fight deportations
New York will soon offer free legal services for poor immigrants facing deportations, thanks to a new budget provision announced this week by Gov. Andrew Cuomo.
The state’s 2017-2018 budget...
New York will soon offer free legal services for poor immigrants facing deportations, thanks to a new budget provision announced this week by Gov. Andrew Cuomo.
The state’s 2017-2018 budget sets aside $10 million for expanding immigrant legal defense services, $4 million of which will go to the Vera Institute of Justice’s New York Immigrant Family Unity Project — a coalition of groups that seek to ensure that all undocumented immigrants have public defenders...
Read full article here.
Fixing the Shift
Fixing the Shift
Hard on the heels of the Fight for $15 minimum wage campaign, a group that has won legislation or regulation changes involving work schedules in three states and seven cities is launching a drive...
Hard on the heels of the Fight for $15 minimum wage campaign, a group that has won legislation or regulation changes involving work schedules in three states and seven cities is launching a drive in Philadelphia. The Fair Workweek Initiative will kick off its campaign in Philadelphia on Tuesday, with a rally at 12th and Chestnut streets, followed by a march to City Hall, where organizers will demand that City Council pass legislation requiring fair and consistent schedules for hourly workers. Fair Workweek is an effort of the Brooklyn-based Center for Popular Democracy, which describes itself as an alliance of organizations promoting “an innovative pro-worker, pro-immigrant, racial and economic justice agenda.
Read the full article here.
Democrats to introduce bills to challenge arbitration system
Democrats to introduce bills to challenge arbitration system
By Nick Niedzwiadek
ALBANY — Democratic lawmakers are expected to introduce a pair of bills to counter how corporations use binding arbitration to limit their financial exposure in legal...
By Nick Niedzwiadek
ALBANY — Democratic lawmakers are expected to introduce a pair of bills to counter how corporations use binding arbitration to limit their financial exposure in legal disputes.
Consumer advocates say corporations are increasingly requiring potential employees and consumers to agree to binding arbitration in the event of a dispute as a precondition for employment or use of a product. They say that such proceedings lack transparency, put people on an uneven playing field against well-heeled corporations and can leave people with little other legal recourse.
Assemblywoman Latoya Joyner of the Bronx and Sen. Brad Hoylman of Manhattan are expected to introduce a bill that would amend state labor law to allow employees or organized labor organizations the power to bring legal proceedings against an employer for potential violations as a stand-in for the Department of Labor — independent of any private employment agreement. The state would recover a portion of the fines assessed as part of such proceedings.
Senator Jose Serrano of the Bronx and Assemblyman Brian Kavanagh of Manhattan would establish a similar process for private citizens to seek civil penalties on behalf of the state for violations of consumer protection statutes if the applicable public agency fails to pursue them due to a lack of resources.
“Too often large companies take advantage of consumers by forcing them into signing 'take-it-or-leave-it' contracts that include hidden clauses requiring forced arbitration that heavily favor businesses,” Serrano said in a statement. “My legislation will create a level playing field and give the power back to the consumers in New York State by allowing them an opportunity to fight back when they are victims of fraud."
Several of the legislators are expected to announce the legislation at a protest in Manhattan on Thursday along with New York City Comptroller Scott Stringer and Public Advocate Tish James, according to organizers. Joining them will be a number of progressive groups, including the Center for Popular Democracy, Citizen Action, Make the Road New York and New York Communities for Change. The event will coincide with the release of a report called: “Justice for Sale: How Corporations Use Forced Arbitration Agreements to Exploit Working Families.”
"Legal rights are worthless if there's no remedy when laws are broken,” Kate Hamaji, a research analyst at the Center for Popular Democracy who authored the report, said in a statement. “Forced arbitration essentially allows corporations to opt out of the justice system by creating a private parallel system that makes it prohibitively expensive to seek justice and creates incentives for arbitrators to rule in favor of companies."
The report can be found here.
The resistance is making one last all-out push to kill the GOP health bill
The resistance is making one last all-out push to kill the GOP health bill
More than 300 health care activists, disability rights advocates, and organizers gathered on second floor of the Dirksen Senate Office Building on Monday morning to oppose Senate Republicans’...
More than 300 health care activists, disability rights advocates, and organizers gathered on second floor of the Dirksen Senate Office Building on Monday morning to oppose Senate Republicans’ Graham-Cassidy health care bill.
The bill would sharply reduce spending for Medicaid by billions of dollars by tying it to medical inflation, blow up Obamacare’s marketplaces, and open the door for states to curtail protections for patients with preexisting conditions.
Read the full article here.
Payday lenders must be stopped from preying on the poor: Guest commentary
Payday lenders must be stopped from preying on the poor: Guest commentary
Payday lending has come under attack in recent years for exploiting low-income borrowers and trapping them in a cycle of debt. The problem has grown to such an extent that last month, the Consumer...
Payday lending has come under attack in recent years for exploiting low-income borrowers and trapping them in a cycle of debt. The problem has grown to such an extent that last month, the Consumer Financial Protection Bureau proposed new rules to rein in the most egregious abuses by payday lenders.
Yet payday lenders are not alone in profiting from the struggles of low-income communities with deceptive loans that, all too often, send people into crushing debt. In fact, such targeting has grown common among industries ranging from student loan providers to mortgage lenders.
For decades, redlining denied black people and other communities of color access to mortgages, bank accounts and other important services. Today, black and brown women are similarly being “pinklined” with lending schemes that deny them the opportunity for a better life.
A recent report underlines the toll these practices have taken on women of color. Among other alarming statistics, the report shows that 6 out of 10 payday loan customers are women, that black women were 256 percent more likely than their white male counterparts to receive a subprime loan, and that women of color are stuck paying off student debt for far longer than men. It also shows that aggressive lending practices from payday lending to subprime mortgages have grown dramatically in recent years.
In Los Angeles, debt is a dark cloud looming over the lives of thousands of low-income women all over the city.
Barbara took over the mortgage for her family’s home in South Central Los Angeles in 1988. She had a good job working for Hughes Aircraft until she was injured on the job in 1999 and took an early retirement. To better care for an aging mother living with her, she took out a subprime loan for a bathroom renovation.
The interest rate on the new loan steadily climbed, until she could barely afford to make monthly payments. She took out credit cards just to stay afloat, burying her under an even higher mountain of debt. To survive, she asked her brother to move in, while her son also helped out with the bills.
Numerous studies have shown that borrowers with strong credit — especially black women and Latinas — were steered toward subprime loans even when they could qualify for those with lower rates.
Women of color pay a massive price for such recklessness. The stress of dealing with debt hurts women in a variety of ways.
Alexandra, a former military officer, lost her partner, the father to her daughter, after a protracted struggle with ballooning subprime loan payments. The credit card debt she needed to take out as a result threatened her health, leaving her with hair loss, neck pain and sleep deprivation. She eventually needed to file for bankruptcy to settle the debt.
Women of color are vulnerable to dubious lenders because structural racism and sexism already puts far too many women in economically vulnerable positions. The low-wage workforce is dominated by women, and the gender pay gap is significantly worse for women of color. Many women of color are forced to take out loans just to survive or to try to improve their desperate situations.
Predatory lending practices, and other corporate practices that deny communities opportunities and exploit the most economically vulnerable, have been allowed to proliferate for far too long. The Consumer Financial Protection Bureau began taking action on payday and car title loans last month, but more needs to be done.
Regulators must ensure all lending takes into account the borrower’s ability to repay, and that lenders do not disproportionately target and attempt to profit off of the least protected.
The payday lending rules acted on last month are a step in the right direction but don’t go nearly far enough. We have a lot of work ahead of us to ensure black and Latina women are not exploited by the 21st century version of redlining.
Marbre Stahly-Butts is deputy director of Racial Justice at the Center for Popular Democracy, of which Alliance of Californians for Community Empowerment is an affiliate.
By Marbre Stahly-Butts
Source
Maryland has improved voter access
The Baltimore Sun - May 4, 2013, by Margaret Williams - This past November, I went to Florida to help...
The Baltimore Sun - May 4, 2013, by Margaret Williams - This past November, I went to Florida to help mobilize voters to increase participation in communities of color and raise the voice of those often unheard. While there, I witnessed firsthand what we all have seen on TV — terrible voting lines that forced community members to wait hours to cast their ballots. However, these perpetual voting challenges are not isolated to Florida. Even here in Maryland, we have a long, long way to go to ensure that the right to vote for Marylanders is easy and accessible for all. Like in Florida, my friends and family here in Baltimore City also waited hours to vote. I know of many in our communities who have been so discouraged by the process that they don't vote at all.
We must fix our broken democracy so that the electoral process is not fraught with obstacles for voters but encourages and supports the right to vote. Gov. Martin O'Malley's voting rights bill, which he signed into law on Thursday, is a great first step to engage and support Maryland's electorate. As a leader of the grassroots organization, Communities United, I commend Governor O'Malley for his leadership on this issue and am so grateful to the broad coalition of organizations that worked diligently for it's passage.
The bill, which will expand early voting and allow for same-day registration during the early voting period, is a real sign of progress toward improving voter access. The changes in this bill will make it easier for working-class people, who cannot afford to lose paid work time and wait hours to vote, to participate in the democratic process. We support this legislation as it was signed into law because it will provide tremendous benefits to residents throughout the state.
However, Mr. O'Malley's voting rights bill is merely a first step. We have yet to cross the finish line on voting rights, and there is much more work to be done.
In the last mayoral election in Baltimore, a mere 12 percent of voters went to the polls. If we are going to address the social and economic challenges that our city and state face, we must engage more citizens in voting. If we are to engage more citizens in voting, we must actively work for an electoral process that truly supports the engagement of all Marylanders.
Nationwide, voting rights are under attack by special interest groups and some elected officials. Every day we read in the press new proposals for voter identification bills and other methods of voter suppression throughout the country. It is critical that Maryland step forward as a real leader in progressive voting rights policies and electoral reform. While other states move to restrict voting rights, Maryland should serve as a model of voter empowerment for the rest of the country.
This year marks the 50th anniversary of the March on Washington. As we look back to see how far we have come, it can only inspire us to see how far we can go. This voting bill is an important first step, but there's still a long road to walk until we achieve the freedom that all Marylanders deserve.
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When It Comes to Jobs, Fed Up With the Fed
The News & Observer - March 5, 2015, by Kevin Rogers - When the monthly jobs numbers come out Friday, many economists will say that the economy is healthy. Some will even say that wages are...
The News & Observer - March 5, 2015, by Kevin Rogers - When the monthly jobs numbers come out Friday, many economists will say that the economy is healthy. Some will even say that wages are rising too fast and that steps need to be taken to slow economic growth. But out in the real world, working families and particularly communities of color are being left drastically behind in the recovery.
The disconnect between the rich and the rest of us is only widening, and that is a real problem when the rich are making the decisions for everyone. For higher wages and more robust employment growth, we don’t need to limit ourselves to the usual discussions and the typical solutions. Rather, we should look in a new direction, to the Federal Reserve, for the necessary policy changes that will usher in real growth on Main Street, not just on Wall Street.
Most people don’t pay much attention to what the Fed does and how it does it, but the reality is that the decisions the Fed makes affect us all, every day.
There are two important ways the Federal Reserve can help:
▪ Ensure a monetary policy that delivers genuine full employment and rising wages for all working families. Raising interest rates in 2015 would be a catastrophic mistake. The American economy needs to see significantly more wage growth, not less.
▪ Provide a more transparent and inclusive approach to policymaking and governance. The Fed needs to listen to the voices of working families, not just banks and mega corporations.
Rampant and uneven unemployment can be measured in numbers, but it means that real-life opportunities fall further out of reach for working parents and that doors close on our children. It means that families are feeling the strain, and disenfranchisement is getting worse.
Permitting the economy to speed up significantly offers only upsides. A new report by the Center for Popular Democracy and the Economic Policy Institute finds that until nominal wages are rising by 3.5 to 4 percent, there is no threat that price inflation will meaningfully exceed the Fed’s low 2 percent inflation target. And such wage growth is necessary for workers to begin to reap the benefits of economic growth and to achieve a genuine recovery from the Great Recession.
Indeed, during the past three decades, it was only in the late 1990s, when the Federal Reserve permitted economic growth to speed up and the labor market to tighten, that workers across the economic spectrum, and in communities of color, saw genuine wage improvements.
As was true then, the Fed is not an innocent bystander in our economy, but an active participant. And yet, despite the clear economic disparities among our communities, voices inside the Fed are now saying that the economy is healthy and that the Fed should tamp down growth so that wages stop rising so quickly.
Although the board members that govern the regional Federal Reserve banks are legally required to represent the broad interests of the public, they mostly represent the financial sector or large corporations – they live very different lives from us, and they don’t take our experiences to the boardroom.
The Fed’s decisions are distant from communities that struggle the most in this economy and simply do not reflect the full diversity of the public it is supposed to represent. This explains why board members have produced an economy that works for them. Millions of working families are left with little hope of a better life.
It is no wonder that supporters of higher wages and fuller employment from across the country are turning up the heat on out-of-touch policies and practices coming from the Fed. Regular families should not be shut out the Fed policymaking process. Instead, they should be at the very core of it.
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Read more here: http://www.newsobserver.com/opinion/op-ed/article12716264.html#storylink...Divest From Prisons, Invest in People—What Justice for Black Lives Really Looks Like
Divest From Prisons, Invest in People—What Justice for Black Lives Really Looks Like
This article is the second part of a series of conversations with contributors to the demands of the Movement for Black Lives. Part One was on reparations.
In July 2015, more than 2,000...
This article is the second part of a series of conversations with contributors to the demands of the Movement for Black Lives. Part One was on reparations.
In July 2015, more than 2,000 members of The Movement for Black Lives—a group composed of more than 50 racial justice organizations—convened in Cleveland to recognize the violence committed against Black people in this country and around the world. At the assembly, participants decided the Movement needed to form a coalition that articulated concrete ways to build a more equitable society. Six legislative platforms emerged that covered issues like economic justice, reparations, political empowerment, and divestment from policing and incarceration. In their Invest-Divest platform, the authors called instead for investment in programming, like restorative justice initiatives, that would decrease incarceration and strengthen communities.
We’ve come to accept policing and incarceration as catch-all solutions.
According to the Brookings Institution, White Americans are equally likely to use and more likely to deal drugs, while African Americans are more likely to be arrested, convicted, and sentenced harshly. For U.S. residents born in 2001, the Bureau of Justice Statistics predicts that 1 in 111 White women will go to prison in her lifetime, while 1 in 18 Black women will. For White men, the likelihood is 1 in 17; for Black men, 1 in 3.
“At the heart of the Invest-Divest demand is the recognition that our city, state, and federal budgets reflect the dehumanization, and the degradation of Black life through lack of investment in anything besides Black incarceration or surveillance,” says Marbre Stahly-Butts, co-author of demands from the Invest-Divest platform that call for reallocating government funds from law enforcement to long-term safety, and decriminalizing drug and prostitution crimes.
Stahly-Butts, a facilitator of the Cleveland convening and deputy director of racial justice at the Center for Popular Democracy, explains that our current criminal justice system is based on a premise of comfort, rather than of safety: Instead of addressing the roots of uncomfortable issues such as drug addiction, mental illness, and poverty, we’ve come to accept policing and incarceration as catch-all solutions. This disproportionally affects African Americans.
Here she discusses why divestment from the prison and military industries is as critical to a just future as investment in public institutions.
The following interview has been lightly edited.
Liza Bayless: How does the Invest-Divest platform play into the Movement for Black Lives?
Marbre Stahly-Butts: The call for Invest-Divest has been at the center of organizing and activism work for at least the last decade, if not more. Since slavery, but especially in the age of mass incarceration in the last 30 or so years, [there has been an] incredible increase in the amount of spending that goes to police departments—to cages, prisons and jails, corrections offices, military equipment, and surveillance equipment. At the same time, [there has been] divestment from the social safety net, from social services and education to affordable housing.
What makes our communities safe is not more guns, more police, or more cages.
What makes our communities safe is not more guns, more police, or more cages, but employment opportunities, safe housing, jobs, education, restorative justice. To live in the world we’re envisioning requires a real investment—both by private parties, but also by public dollars.
Bayless: In August, the Department of Justice announced it would end use of private prisons. How significant is this step?
Stahly-Butts: It’s an important step and in many ways a symbolic step, but I think it’s essential that states follow suit. The caging of our people actually happens on a local level, and so the same week that the Department of Justice made that announcement, I believe in Florida they decided to continue contracts with local prisons and, in fact, expand them.
Most of our people are kept in public facilities, so there’s a real need to decarcerate and not just de-profitize. It would matter a lot if U.S. Immigration and Customs Enforcement did it, because that’s, in fact, where most of the [prison] beds are.
A month [after the announcement], the Department of Justice released guidelines around its increased funding of police officers and officers in schools. So it’s important to realize that the criminalization—and the incarceration—of our people really is something that the government has not divested from, and in some ways has actively continued.
There’s a lot of work to be done, but I was pleased about implications of ending those contracts.
Bayless: Usually we hear from organizations about investment more than divestment. What makes the concept of divestment so important to this platform?
Stahly-Butts: I think that we see a general narrative on the left around the need to increase infrastructure and investment. Obama, Clinton, and other progressives constantly affirm their commitment to investment strategies, whether it’s health care, job programs, or educational funding. But the divestment piece is essential to a conversation around the livelihood, wealth, health, and survival of Black, brown, and poor communities.
There has to be a conversation about real solutions to incarceration.
If we continue to lock up and put one of every three Black men under police control; if we continue to incarcerate Black women at the highest-growing rates; and continue surveillance and denying people [driver’s] licenses and housing opportunities when they are out of incarceration, [then] we’re undermining our investments if we’re not also divesting from these systems that have led to this mass criminalization of folks for behaviors that often have nothing to do with public safety.
Bayless: The topic of mass incarceration has been at the forefront of the country’s conversations about racial injustice. Is there something missing from that discussion?
Stahly-Butts: It’s essential that we talk about the entire purview of things that don’t belong under the criminal code, from the way poverty is criminalized to the ways homelessness is criminalized. Even in Florida, wearing saggy pants [has been criminalized].
There has to be a conversation about real solutions to incarceration, and not just changing the practices of putting people in cages, but also changing the entire orientation for communities that criminalize them en masse, that have police in schools, that believe that the only answer to mental health and other issues is cages and handcuffs. There’s a real need for cultural change and a social conversation about the roots of the system, and other ways to deal with these issues that is not state violence.
Bayless: By focusing on decriminalization of certain crimes—in this case, nonviolent ones such as drug and prostitution crimes—as fundamentally different from “violent” crimes, is there a risk people convicted of the latter could end up with harsher sentences?
Stahly-Butts: There’s a false dichotomy between violent and nonviolent crimes. We often talk about it as if there’s some fine line, but in fact every state, every city defines that differently. Whether we’re talking about crimes that hurt people or impact property, or crimes that are about mental health or drug addiction, the idea of investment is key to all of them.
Folks are working locally to realize what it means to build alternative structures to criminal justice.
If we use the money that we’re currently using to cage people, and take the literally trillions of dollars to invest in the well-being of our people—in jobs, education, trauma-informed services, restorative justice—we would see a real addressing of all sorts of social issues, including the ones that make people less safe.
Bayless: Anything else you’d like to add about this platform?
Stahly-Butts: Folks are working locally to realize what it means to build alternative structures to criminal justice, to divest from policing and invest in communities. Despite the past two years—where we’ve seen literally dozens of Black folks be killed on video, and uprisings in communities from Baltimore to Ferguson—we’ve seen incredible movement and energy.
By Liza Bayless
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