Campaign News

Worker movements have had tremendous success in blue cities and states in securing higher minimum wages and access to paid sick leave. Now those wins are blazing a trail for another critical policy for low-wage workers: the right to a fair workweek. After enacting a $15 minimum wage and paid sick leave in recent years, two cities are now leading the way on granting workers the right to a sane and predictable schedule.

Last week, New York City Mayor Bill de Blasio announced his support for legislation currently pending in the city council that would give Gotham’s fast-food workers the right to more predictable work hours. On Monday, the Seattle City Council passed a comprehensive fair workweek law that advocates hope can serve as a model for other cities.

These policy developments come at a time when many workers say that service-sector employers’ scheduling practices make it impossible for them to live their lives. On-call scheduling—in which workers can be told to report to work with little advance notice—make it hard for employees to schedule parenting, school, doctor visits, and much else. Scheduling software aimed solely at efficiency can lengthen or eliminate their shifts at the last minute. On top of that, the prevalent practice of “clopening”—where a worker has a closing shift followed just a few hours later by an opening shift—often leaves workers with little time to rest. Meanwhile, workers are on the hook for the costs of uncertainty, like a last-minute taxi ride to work or unexpected child-care costs.

In one nationwide survey, four out of five early-career adult workers said that their weekly hours fluctuated by an average of 87 percent compared with their usual hours; 45 percent of hourly workers who are parents said they have no input on their schedules.

Fair-scheduling advocates say it's time for employees to have more say in scheduling practices—and for employers to finally pay their workers for the costs that their flexible schedule imposes on employees (like those taxi rides and child care). They are also demanding that companies stop hiring more and more workers to maximize flexibility while cutting hours for existing workers.

In 2014, San Francisco became the first jurisdiction in the country to mandate fair-scheduling practices with its unprecedented “Retail Workers Bill of Rights.”

In 2014, San Francisco became the first jurisdiction in the country to mandate fair-scheduling practices with its unprecedented “Retail Workers Bill of Rights.” The new Seattle law will build on that by requiring that employers give workers two weeks advance notice on shift schedules—any changes made to schedules after that requires additional compensation for the worker, including half-time pay for any hours an employer cuts or cancels. Workers will have the right to request flexible scheduling without fear of retaliation.

Workers will also have protections against “clopening.” The proposed law would be the first in the country to require an employee’s consent for shifts that allow less than ten hours of rest, and to mandate that “clopening” workers get paid time and a half. Additionally, employers would be required to offer available hours to part-time workers before hiring additional workers. Companies that have been found to consistently under-schedule workers and make last-minute shift changes would be subject to fines.

“These are critical steps forward. If you don’t get that many hours, earning $15 only goes so far.”

On the opposite coast, the New York City legislation focuses on the 65,000 workers in the city’s fast-food industry. As such, it follows the pattern set by  Fight for 15 organizers, who first convinced Governor Andrew Cuomo to convene a wage board for fast food last year, later to be followed by a general increase in the state minimum wage. “We are in a battle to restore dignity and decent living to retail and service workers in industries where that really has been badly eroded in recent years,” New York City Councilmember Brad Lander told the Prospect in an interview. “These are critical steps forward. If you don’t get that many hours, earning $15 only goes so far.”

As in the Seattle legislation, New York fast-food employers would be required to give workers two weeks advance notice on expected shifts, mandate additional compensation for last-minute changes to a worker’s schedule, and provide protections for workers who are “clopening.” However, as of now, the proposed policy gives employers a week of wiggle room after setting the schedule to make changes before locking it in.

The policy initiative is in the beginning stages, Lander stresses, and the city council may push for any number of changes, including broadening the law to include the entire service industry. As of now, the policy is aimed at the same group of fast-food employers that Cuomo’s wage board dealt with—chains with 30 or more locations nationwide. It’s those bigger chains that already utilize sophisticated scheduling software to minimize labor costs. They can use that same software, Lander says, to ensure that workers have a predictable and secure workweek.

To date, fair-scheduling laws have lagged behind wage hikes and paid sick-day ordinances in city halls and statehouses.

To date, fair-scheduling laws have lagged behind wage hikes and paid sick-day ordinances in city halls and statehouses. At the federal level, in 2014, Representative Rosa DeLauro and Senator Elizabeth Warren introduced the Schedules that Work Act, which protects hourly workers from scheduling abuses—though with Republican control of Congress, the bill hasn’t gone anywhere.

But fair workweek policies now appear primed to become the next front in the low-wage worker movement.

But fair workweek policies now appear primed to become the next front in the low-wage worker movement. In response to pressure from SEIU’s Local 32BJ, a powerful force along the Eastern seaboard, policy-makers in Connecticut, Washington, D.C., and Jersey City may soon pass new rules that mandate 30-hour workweeks for service workers, like security guards and janitors, in large commercial and residential buildings. In November, voters in San Jose will decide on a ballot measure that would require companies with 35 or more workers to offer additional hours to part-timers before taking on new employees.

Washington, D.C., and Minneapolis are also considering fair-scheduling measures for retail and fast-food chains, though both efforts have run into heavy resistance from the business lobby. Workers and organizers are also pushing for a fair-scheduling law in Emeryville, a small city between Berkeley and Oakland that is a major retail-shopping destination for the east Bay Area.

“The momentum with the Fight for 15 has opened up this new space where policy-makers are starting to listen to the real needs that the country’s workforce has been talking about for a long time,” says Carrie Gleason, director of the Center for Popular Democracy’s Fair Workweek Initiative, which is assisting with local fair-scheduling efforts. “This isn’t a new issue,” Gleason adds. But “the accelerated pace in which these types of work-hour policies have taken off is a demonstration of the moment we’re in.”  

By Justin Miller

Source

Times Online - October 5, 2014, by The Times Editorial Board - It’s been a tough week for supporters of the charter school movement in Pennsylvania.

On Tuesday, PA Cyber School founder Nick Trombetta and his attorney were back in a federal courtroom trying to have evidence suppressed in his upcoming criminal trial on charges of mail fraud, theft, tax conspiracy and filing false tax returns. Trombetta is accused of siphoning off millions of taxpayer dollars for his own gain.

On Wednesday, a new report was released citing Trombetta as an example of $30 million in fraud and financial mismanagement among the state’s charter schools since 1997.

The report was done by three organizations — the Center for Popular Democracy, Integrity in Education and Action United. It follows a national report in May by the first two groups that claimed $136 million has been lost to waste, fraud and abuse by charter schools.

While the numbers are alarming, we know that all charter schools are not part of the problem. Still, it only takes a few incidents — such as the case against Trombetta — to give the entire movement a black eye.

What we will say is that state’s charter school law is badly in need of revision, particularly in the area of accountability. State legislators need to step in now and address the problems if charter schools are to remain part of the state’s education program.

Source

No two days at school are the same for Geri Willis. One day she’s finding hats and gloves for students, the next she’s helping a grandmother navigate the court system to gain guardianship.

Some of her days are spent searching Ashland’s hotels for a student who hasn’t come to school for several days, others are filled with calls to social service agencies to find a student’s family a place to stay.

No task is too big or too small for Willis, coordinator of the Ashland Family Resource Center, which serves two Ashland Independent elementary schools.

“We’ve even gone so far as to buy alarm clocks,” she said. “You do what you can to help your students.”

Geri Willis, coordinator of the Ashland Family Resource Center, reviews shapes with students at Hager Elementary in preparation for a math-based quilting project. The center serves Hager and Crabbe elementary schools in the Ashland Independent district. (Photo by Kerri Keener)

Geri Willis, coordinator of the Ashland Family Resource Center, reviews shapes with students at Hager Elementary in preparation for a math-based quilting project. The center serves Hager and Crabbe elementary schools in the Ashland Independent district. (Photo by Kerri Keener)

Kentucky’s system of school-based Family Resource and Youth Service Centers (FRYSCs), was created as part of the Kentucky Education Reform Act of 1990 as a way to remove nonacademic barriers to learning. Now in its 25th year, there are 816 centers across the state serving 626,696 students and their families.

“When we first came on board, it was the whole selling of myself as a coordinator, just begging people to let us be involved,” said Mike Flynn, youth services center coordinator for Estill County Middle School. ”Parents didn’t know what we were, schools didn’t know what we were. We had to break those barriers down.”

But 25 years later the centers are an integral part of most schools, he said.

“It’s a complete cultural shift. People automatically expect us to be involved with things,” Flynn said. ”They bring issues and problems to us. We are now really ingrained into the schools as a whole.”

Though they are part of schools, FRYSCs are run by the Kentucky Cabinet for Health and Family Services.

Schools in which 20 percent of students qualify for free or reduced-price lunch are eligible for a center. The center is then funded based on the number of students who qualify for free lunch, said Flynn, who is also past president of the Family Resource and Youth Services Coalition of Kentucky a statewide professional organization.

“Even though we are based on the free lunch numbers, we serve every student regardless of financial status,” he said.

Though centers are most known for helping students and their families in difficult situations or supplying food or clothing, that service isn’t required under state law.

Many people don’t realize all the other services the centers provide, which are required under state law– such as referring families and students to mental health and substance abuse counseling, offering career training, summer job placement for high school students and promoting family literacy. The centers also serve as a bridge between school, homes and the community.

In July, coordinators at attended the annual Victory over Violence conference where they received training on helping children from families of substance abuse, bullying prevention and how to involve families in students’ success.

Many centers also provide programs to bolster the learning going on in the classroom. Flynn has worked with teachers to plan math nights for parents. In the summer, many centers provide programing based around the free summer meals program.

“We provide workshops and activities for the kids, so you’re not just getting food but a little be extra instruction,” Flynn said.

Several national education groups have recently taken notice of Kentucky’s system of support centers. Doug Jones, manager of FRYSC Region 7 – which covers northeastern Kentucky led a group of 15 educators from six states last fall as they visited Kentucky to see how FRYSCs work.

The group, which included representatives from National Education Association, the Center for Popular Democracy and Communities in Schools, visited three centers in eastern Kentucky and two centers in Lexington.

“They are looking at Kentucky as a template for trying to legislate FRYSC-model programs across the United States,” Jones said.

The group brought more educators in December and conducted 35 videotaped interviews with students, teachers, legislators and coordinators.

“We are planning educational and motivational materials, legislative pushes and more,” Evie Frankl, organizer of education justice campaigns for the Center for Popular Democracy said in a release. “We are thankful for the Kentucky program for leading the way for so many years and for generously sharing their knowledge with us.”

The idea of resource centers in schools was new to Kentucky 26 years ago as KERA was being drafted. Some opposed their creation, but Harry J. Cowherd, the secretary of the Cabinet for Human Resources in 1990, championed the creation the FRSYC network.

The annual center of excellence award is now named for Cowherd. In November, Wilis and her center received the award for their work with homeless students.

Willis applied for and received a McKinney-Vento grant, which allowed the elementary schools to hire three home/school liaisons to help families get immunizations, physicals and other screenings and provided tutoring for 43 students living in a domestic violence shelter.

“A lot of our student population is from hotels, motels, shelters and public housing,” she said. ”We also have a lot of kids being raised by relatives.”

In addition to the McKinney-Vento grant, she received a $58,000 grant from BBT Bank for homeless students. Part of the money will pay for a nine-passenger van that will let Willis pick up parents who don’t have transportation so they can attend parent/teacher conferences. It also will be used take homeless high school students to co-op sites. Part of the money will pay those co-op students’ equipment for medical classes, she said.

Willis’ center serves Hager Elementary, where more than half of the students qualify for free or reduced-price lunch, Crabbe Elementary, where all students qualify for free or reduced-priced lunch and a preschool/Headstart program. She works closely with administrators, teachers and staff to make sure she her students’ needs are being met and that teachers know what’s going on with their students.

“This staff is probably the most compassionate group of people I’ve ever met in my life,” she said. “They know and understand the situations that our students come from.”

Crabbe Elementary Principal Jamie Campbell, estimates that about 60 percent of his students will go through some kind of change that requires the resource center’s assistance.

“I am firm believer in the fact we have to make sure that their basic needs are met,” he said. “Because if you’re hungry, if you’re freezing, if you’re worried about safety where you’re going to be at home, if you are worried about that, I cannot teach you reading, writing and math.

“Geri and her team take care of that need for the teachers, it translates into students being able to come here and learn.”

Brenna R. Kelly writes for Kentucky Teacher, a publication of the Kentucky Department of Education

By Brenna R. Kelly

Source

Bloomberg Businessweek - June 16, 2014, by Josh Eidelson - While Congress drags its feet on immigration reform, New York State lawmakers are mulling an immigration bill of their own: It would grant state citizenship to some noncitizen immigrants, including undocumented residents, allowing them to vote and run for office. Under the New York Is Home Act, noncitizen residents who have proof of identity and have lived and paid taxes in the state for three years could apply for legal status that would let some qualify for Medicaid coverage, professional licensing, tuition assistance, and driver’s licenses, as well as state and local—but not federal—voting rights. The responsibilities of citizenship would also apply, including jury duty.

“It’s mind-boggling,” says Michael Olivas, a professor at the University of Houston Law Center who specializes in immigration law. “I don’t believe there’s ever been a serious attempt to codify so many benefits and opportunities.”

Democratic State Senator Gustavo Rivera, who’s sponsoring the legislation, sees it as a precedent. “We have a bill here that could be a model of what we need to do across the country,” he says. Rivera acknowledges the bill “certainly will not pass this session,” comparing it to same-sex marriage, a cause which took years to travel from fringe to mainstream. But he expressed hope that the primary defeat of Republican House Majority Leader Eric Cantor of Virginia, widely construed as a final nail in the coffin of near-term federal immigration reform, would create interest in state-level reforms like his. Democratic Assemblyman Karim Camara is introducing the same bill on the other side of the Capitol. Governor Andrew Cuomo’s office did not immediately respond to a request for comment.

If it did pass and Cuomo signed it—again, not at all likely—the new law would certainly be challenged in court. Olivas says some aspects of the bill are on safe ground (in-state tuition for undocumented students has become widespread), while others involve “unsettled or untested” areas of the law. Olivas says that by “appropriating the term ‘citizen,’” a word he says “is really truly a federal term,” the bill’s authors have made it more vulnerable to legal challenge.

The state law wouldn’t trump federal immigration statutes, so undocumented workers in New York would still be denied some important benefits of citizenship. One big example: They’d be subject to federal laws barring them from legally working in the U.S.

Supporters insist the bill, unlike Arizona’s largely overturned SB 1070, is well within the law. “The problem with the Arizona law and the copycat laws around the country is that they were intruding upon the unique province of the federal government to determine who gets to enter the United States and who gets deported,” says Peter Markowitz, a professor at New York’s Benjamin N. Cardozo School of Law. He says the bill, which he helped draft, is instead “exercising a firmly established, constitutionally enshrined authority of the state to determine the boundaries of its own political community” and is consistent with Supreme Court precedents that recognize “state citizenship” as well as “federal citizenship.”

 “The very nature of our dual-sovereign federal structure,” says Markowitz, “means that New York gets to decide who are New Yorkers.”

Source