Federal Commission Responds to Anything But School Safety
12.18.2018
FOR IMMEDIATE RELEASE
Media Contact:
Monica Klein, 917-565-0715
...
12.18.2018
FOR IMMEDIATE RELEASE
Media Contact: Monica Klein, 917-565-0715 monica@seneca-strategies.com
**Interviews available with student activists and national education justice leaders**
WASHINGTON, DC -- Today, the Federal Commission on School Safety, the Trump Administration’s response to the Parkland tragedy, released its final report. The body, chaired by Secretary of Education Betsy DeVos and including Secretary of Homeland Security Kirstjen Nielsen, Secretary of Health and Human Services Alex Azar and Acting Attorney General Matthew Whitaker, released recommendations that are proven to make school less safe for students of color, LGBTQ+ and gender nonconforming youth, and their communities. The recommendations call for rescinding critical federal civil rights guidance on school discipline, a blueprint for how to arm school staff, and encourage the entrenchment of the school-to-prison pipeline through militarizing and “hardening” schools with military personnel, police, metal detectors, and surveillance equipment. Youth-, parent-, educator-, and community-led organizations across the country reject the commission’s recommendations aimed at “hardening” schools. Such policies will lead to a further entrenchment of racial and gender-based discrimination in school discipline and deny students an opportunity to learn and the freedom to thrive.
“For students like us, this is not what safety means,” said Amina Henderson-Redwan, a youth leader with Voices of Youth in Chicago Education (VOYCE) who testified before the Commission in June. “Safety does not mean more police in schools, more metal detectors and armed teachers. Safety means to get to the root causes of a student's misbehavior. This Federal Commission on School Safety needs to listen to communities that it's supposed to represent, communities like mine.”
The following activists and leaders are available for interviews on the report:
Jaime Koppel, Deputy Director of Strategic Partnerships, Communities for Just Schools Fund: (646) 894-1150 Marlyn Tillman, Parent & Executive Director, Gwinnett SToPP: (404) 402-2076 Jonathan Stith, National Director, Alliance for Educational Justice: 202-460-3875 Nia Arrington, 18-year-old student and Co-Founder of the Youth Power Collective to end the school-to-prison pipeline. Please reply to this email to schedule interview.For years, organizers working with the Communities for Just Schools Fund, the Alliance for Educational Justice, the Center for Popular Democracy and Dignity in Schools Campaign have advocated for an end to discriminatory and exclusionary discipline policies that funnel young people towards prison rather than success. We believe that holistic approaches to student wellbeing are the way to make our schools more safe, supportive, and inclusive instead of the recommendations from the Commission, which would harm and criminalize youth of color. In response, students and organizers released the following quotes detailing the opposition they had with the report findings.
Jaime Koppel, Deputy Director of Strategic Partnerships, Communities for Just Schools Fund “These recommendations do not represent the will of the people or the best interests of the majority of this nation’s public school children. We call on states and local school districts to do the the harder work of fostering deep relationships and connection in school by investing in restorative justice, culturally relevant curricula, diverse teaching and support staff, anti-bias training, mental and emotional health supports and more to actually make our schools more safe. Youth and parents have made their vision for safety clear in CJSF’s new report, “Do the Harder Work: Create Cultures of Connectedness in Schools.”
Jonathan Stith, Executive Director, Alliance for Educational Justice “DeVos and the Commission have completely ignored the voices of the 1.6 million Black and Brown students who attend schools with a police officer but no guidance counselor. Students are calling for police-free schools where their ‘safety’ is not synonymous with their criminalization. Every day they come to school to learn and instead are greeted by metal detectors and by the same police force killing their unarmed peers in the street or separating them from their families. Safety for Black and Brown students doesn’t mean more police abusing them like the #AssaultAtBruslyMiddle in Baton Rouge earlier this year. Neither is arming the very racially biased teacher who has fueled the school-to-prison pipeline an answer to school safety.”
Dmitri Holtzman, Director of Education Justice Campaigns, Center for Popular Democracy “While rescinding the Federal Guidance on School Discipline does not in any way alter federal civil rights laws, it does send a clear message to millions of Black, Brown, Immigrant, LGBTQ and Transgender students that the Federal Government is turning its back on them instead of proactively protecting their fundamental rights. Together with the other recommendations aimed at “hardening schools” (more military personnel, police, metal detectors etc.) rescinding the Guidelines signals an authoritarian, punitive and oppressive approach to ‘school safety’ which we know will have a the most detrimental effect on children and youth of color, in particular.”
Thena Robinson Mock, Program Officer, Communities for Just Schools Fund “It is important to make clear that the proposed rescission of the federal discipline guidance doesn’t change civil rights protections in public education. However, the school safety commission’s reversal of evidenced-based guidance aimed at creating safer and healthier schools dismisses proven solutions to improving school climate that have been vetted by educators, students, and parents.”
Marlyn Tillman, a parent organizer with Gwinnett SToPP “Upon attending the first listening session held by the commission, it was clear that the commission made a disingenuous attempt to engage the public. The timing of the notices were not conducive for parents and youth to be included in a meaningful way on a topic that impacts them directly. I followed up with FOIA requests in an attempt to assure again that the public received proper notice of these sessions. In August, I received a response that there weren't any records responsive to my requests.Yet more pop up meetings and listening sessions were held. It is clear this commission intentionally beguiled the public.”
Brikaia Hines, Youth Leader, Leaders Igniting Transformation “After the Parkland school shooting, youth of color made our demands clear in our #YouthDemand petition - endorsed by more than 5,000 people and 40 national and local organizations, in which we demanded: divestment from school policing, investments in schools and teachers, more guidance counselors, protections for families and children against ICE arrests, among other things. DeVos and her commission have chosen to ignore us, but we will be heard. Our civil rights matter.”
Ricardo Martinez, Co-Director, Padres y Jóvenes Unidos “We often hear that school safety is sidearms and metal detectors. For us, it is a relationship between family and school personnel. We need to open arms to students and families, and hire more mental health professionals.”
Zakiya Sankara-Jabar, National Field Organizer, Dignity in Schools Campaign “The commission sent a message today that they do not value the lives and well being of all students. Hardening schools will never be the answer. Our coalition of over 100 organizations believes that we can create safe, nurturing schools without pushing students into the school-to-prison pipeline. Regardless, of the decision to rescind the guidance, the law is still the law, and we will fight to protect the civil rights of all young people.”
An Intentionally Flawed & Limiting Public Input Process Leads to Recommendations That Do Not Represent Public Comment On March 24, 2018, hundreds of thousands of young people, families, educators, and community members came to Washington, D.C. to demonstrate their commitment to a new vision of school safety. Yet the Commission sidelined these key constituencies. They only held public input sessions in four cities--Washington, D.C., Lexington, KY, Cheyenne, WY, and Montgomery, AL -- with little to no notice beforehand so that students and professionals often could not make arrangements to attend. The members of the Commission did not even attend these sessions. All were represented by proxy.
In a decision that underscores the Administration’s lack of commitment to protecting students’ civil rights, the school safety commission rescinded the 2014 U.S. Department of Justice and U.S. Department of Education joint civil rights guidance on school discipline that outlines evidence-based best practices and recommendations for school officials to administer discipline in a manner that does not discriminate against students on the basis of race, color, or national origin. The 2014 school discipline guidance encourages schools to improve overall school climate, find alternatives to exclusionary discipline practices (such as out-of-school suspensions and school-based arrests) that lead to school pushout, and ensure that there are sufficient school-based counselors, social workers, and other mental health providers and support services to address and prevent challenges that may occur in schools.
The Commission has completely ignored the calls of millions of young people who have consistently called for an end to the criminalization of Black and Brown students, as well as their communities. Young people, parents, and communities have instead called for holistic approaches to school climate that include mental health care, restorative practices, and the resources they need to thrive.
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Communities for Just Schools Fund is a national donor collaborative that provides resources in support of community-led organizations that are working to ensure positive, safe and supportive school climates that protect and affirm the inherent cultural dignity of all students and foster the success of all students.
Alliance for Educational Justice (AEJ) is comprised of membership organizations committed to the engagement of youth of color, LGBTQ youth, and their parents - key constituencies deeply impacted by racialized achievement gaps and bias-based disparities in school disciplinary policies.
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.
The Dignity in Schools Campaign (DSC) is a national coalition of over 100 organizations dedicated to dismantling the School-to Prison Pipeline. DSC fights for the human right of every young person to a quality education and to be treated with dignity. We have challenged the systemic use of exclusionary discipline practices that disproportionately impact students of color, students with disabilities, and students who identify as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ), a problem that the U.S. Department of Education’s most recent civil rights data verifies.
Activists Call for End to ‘Economic Racism’
The St. Louis American - March 12, 2014, by Rebecca Rivas - African-American residents are sick and tired of hearing about an economic recovery that does not apply to them, said Derek Laney, an...
The St. Louis American - March 12, 2014, by Rebecca Rivas - African-American residents are sick and tired of hearing about an economic recovery that does not apply to them, said Derek Laney, an organizer for Missourians Organizing for Reform and Empowerment.
In St. Louis, the unemployment rates for the black community remains triple the rate of white residents, 14.1 percent for blacks compared to 5.7 percent for whites, he said. However, some economists claim that the economy is rapidly approaching full employment.
“Is there only one set of the population that matters?” Laney said. “And if they are all right, we’re all right? That’s something we can’t accept.”
On Thursday, March 5, activists attempted to ask James Bullard, the president of the Federal Reserve Bank of St. Louis, those same questions. At noon, a coalition of community-based organizations, faith leaders, elected officials, labor unions and service organizations gathered in front of the St. Louis Fed in downtown St. Louis as a part of the national Fed Up Campaign (whatrecovery.org).
They pointed to a new report by the Center for Popular Democracy released this month that details the difficulties for African-American families to find living-wage employment. The report is titled, “Wall Street, Main Street, and Martin Luther King Jr. Boulevard: Why African Americans Must Not Be Left Out of the Federal Reserve’s Full-Employment Mandate.”
In response to the protest, a St. Louis Fed spokeswoman stated in an email to The St. Louis American: “We are aware of the protest at the St. Louis Fed and respect people’s right to protest peacefully.”
The coalition asked Bullard to prioritize full employment and rising wages for all communities. Laney said as the economy starts to recover, some are calling for the Fed to raise interest rates to prevent wages from rising – which would severely impact families still struggling to recover from the Great Recession. In mid-March, the St. Louis Fed and its leaders will meet to discuss policy. Laney said they hoped the action will help “shape those discussions.”
The report emphasizes that the Federal Reserve is responsible for keeping inflation stable, regulating the financial system and ensuring full employment.
“These mandates reflect the tension between the interests of Wall Street on the one hand and Main Street and Martin Luther King Jr. Boulevard on the other,” the report states. “As a general matter, corporate and finance executives want to limit wage growth – or, as they call it, ‘wage inflation’ – and to maximize their future profits from lending money.”
The report argues that in past decades, the Federal Reserve resolved this tension in favor of banks and corporations, intentionally limiting wage growth and keeping unemployment excessively high.
“The Fed’s policy choices over the past 35 years have led to increased inequality, stagnant or falling wages, and an American Dream that is inaccessible to tens of millions of families – particularly black families,” the report states.
Since the Ferguson movement began, many local and national leaders have emphasized the need to address the “structural racism” in the region.
“Economic racism cannot be delinked from racism by law enforcement and other governmental entities,” according to the coalition’s statement. “However, James Bullard has been silent on issues of economics and their impacts on communities of color in the region over the past seven months. Today, we are bringing these issues to his front door.”
Source
Civic Engagement Groups Respond to the Passage of Maryland’s Freedom to Vote Act
04.12.2016
Annapolis, MD – A voting rights coalition recognized the Maryland General Assembly for passing the Freedom to Vote Act, legislation that will ease the path to voting while...
04.12.2016
Annapolis, MD – A voting rights coalition recognized the Maryland General Assembly for passing the Freedom to Vote Act, legislation that will ease the path to voting while cutting red tape for Maryland citizens. The coalition includes partners such as Demos, the Center for Popular Democracy, Maryland Working Families, Casa de Maryland and Maryland Communities United.
“Demos recognizes the Maryland General Assembly for continuing to push forward common‑sense practices of voter modernization that are being embraced around the country,” said Damon Daniels, Campaigns and Outreach Associate for Demos.
“Maryland has taken a step forward today. The legislation will modernize the voting process and work to make Maryland’s democratic system more accessible and inclusive,” said Emma Greenman, Director of Voting Rights and Democracy at the Center for Popular Democracy.
The coalition partners said that while this bill expands voter registration opportunities for Marylanders, they are disappointed that Automatic Voter Registration (AVR), proposed in this measure and in Senate Bill 350, was excluded from the final legislation. The AVR provision called for the Maryland State Board of Elections to use relevant information provided to government agencies to automatically add eligible individuals to the voter rolls, unless they declined to be registered.
“Automatic Voter Registration could potentially add tens of thousands of newly eligible voters into Maryland elections, emphasizing an enhanced and inclusive approach to increasing voter participation while also protecting the rights of those who choose to refrain from the process. Its strength lies in its potential to transfer the responsibility of voter registration to the government, saving time and money while also providing the strongest opportunity to address current race and income gaps in voter turnout,” said Charly Carter, Executive Director of Maryland Working Families.
“We are grateful for the work of Senator Roger Manno and Delegate Eric Luedtke for introducing Automatic Voter Registration, and look forward to working with Maryland leadership and the Board of Elections to assess ways that we can continue to improve voter access in Maryland, especially for those who remain underrepresented in our electorate,” said Yaheiry Mora, Advocacy and Elections Specialist of Casa de Maryland. “We hope that Maryland will lead the national effort to let all eligible voters participate in the political process, and urge Gov. Larry Hogan to sign the Freedom to Vote Act into law and demonstrate the importance all elected officials should place on promoting fair and inclusive elections.”
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Schedules that Work Act Reintroduced Amidst National Groundswell for a Fair Workweek
*For Planning Purposes Only*
Contact: Ricardo A. Ramírez, rramirez@populardemocracy.org, 202-464-7376
Congress will reintroduce...
*For Planning Purposes Only*
Contact: Ricardo A. Ramírez, rramirez@populardemocracy.org, 202-464-7376
Congress will reintroduce the “Schedules that Work Act,” which has increased support, reflecting a growing traction among leading legislators including Senators Warren, Murray, Baldwin, Murphy, Schumer, Brown and Franken and Representatives DeLauro and Scott.
The Center for Popular Democracy released the following statement:
“The Schedules that Work Act is path-breaking legislation in the national movement to update workplace protections with common sense solutions for the challenges faced by the majority of Americans who are working by the hour,” said Carrie Gleason, director of the Fair Workweek Initiative at the Center for Popular Democracy. “The introduction of this bill comes amid a growing national movement of working people in states and cities across the country who are declaring that their time counts. Working Americans increasingly struggle with unpredictable hours that change week to week and have too little say in the schedules that have become a moving target. In twelve states, legislators have responded to the needs of working families by introducing fair workweek legislation, including in cities like Albuquerque, Minneapolis, and Washington DC. As political momentum grows for these new labor standards, employers are also facing increasing pressure to reform their scheduling practices with major retailers – like Victoria’s Secret and the GAP - facing scrutiny regarding their use of unpaid on-call shifts.”
"As a night student with two jobs, having to learn about my schedule with only a week’s notice is hard,” said Ciera Moran, a Starbucks worker in New Haven, Connecticut who is working with Make the Road Connecticut. “Often I get very little sleep, and sometimes I have to scramble to get enough hours and make ends meet. A fair workweek means that I get the advance notice I need to pay my bills, get an education, and plan my future. I deserve a fair workweek and I know that the only way we get it is if workers come together and speak out."
"Across the country, parents working hourly jobs, particularly women, are increasingly struggling to balance their families with the chaos of unpredictable work schedules they can't control," said Anthony Newby, executive director of Neighborhoods Organizing for Change in Minnesota. “Here in Minneapolis, we are organizing to pass citywide fair scheduling policies before the end of the year. As this week’s event will show, our families are energized and won’t back down until we obtain a workweek we can count on.”
As the Schedules That Work Act moves through Congress, state and municipal campaigns are taking off across the country. On Wednesday, 200 workers with Neighborhoods Organizing for Change and other labor and community groups will march to City Hall in Minneapolis to release a report highlighting the scheduling crisis in Minneapolis and the need for policy solutions. They will be unveiling groundbreaking new data about the effect of unpredictable scheduling in Minneapolis neighborhoods.
Workers involved with CPD’s community partners and the Fair Workweek Initiative in Minneapolis, Albuquerque and across the country are available to talk to the media. Interested reporters can request an interview by writing an email to press@populardemocracy.org.
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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.
Healthcare protesters arrested at Republican Senate offices
Healthcare protesters arrested at Republican Senate offices
At least 20 health care activists with pre-existing conditions were arrested during sit-ins at Republican senators’ offices on Capitol Hill on Wednesday, with the numbers of arrests poised to...
At least 20 health care activists with pre-existing conditions were arrested during sit-ins at Republican senators’ offices on Capitol Hill on Wednesday, with the numbers of arrests poised to skyrocket into the hundreds.
The sit-ins were organized by a coalition of liberal interest groups to protest the lack of protections for people with pre-existing conditions in the Republican health care bill, which has temporarily stalled in the Senate. As they obstructed access to the senators’ offices, tens of activists were arrested by Capitol Police in a show of civil disobedience.
Read the full article here.
The Anguish of Jeff Flake
The Anguish of Jeff Flake
Ana Maria Archila, one of the protesters who spoke to Mr. Flake on his way to the Senate Judiciary Committee meeting on Friday.
...
Ana Maria Archila, one of the protesters who spoke to Mr. Flake on his way to the Senate Judiciary Committee meeting on Friday.
Watch the video here.
How Much Higher Should the Minimum Wage Be? (Much Higher)
Gawker - December 2, 2013, by Hamilton Nolan - Last week, voters in SeaTac, Washington voted to raise the minimum wage for airport workers...
Gawker - December 2, 2013, by Hamilton Nolan - Last week, voters in SeaTac, Washington voted to raise the minimum wage for airport workers to $15 an hour. California recently approved a statewide minimum wage of $10. As low wage workers increasingly voice their frustration with their shitty lot in life, it's time to raise the minimum wage— everywhere.
The federal minimum wage is $7.25. If one were to work full time for 50 weeks a year at that wage, one would make $14,500, which is below the poverty line for a household of two. Add to that the fact that most minimum wage workers cannot get full time hours, and the fact that many of them are supporting families (only 12% of workers earning under $10 an hour are teenagers, contrary to popular stereotypes), and the self-evidently ludicrous nature of our national standard becomes clear.
The common argument against raising the minimum wage is that it would cause employers to cut back on hiring. Not so. The economist Arindrajit Dube wrote this weekend about the latest research into this topic, which finds that fears of job loss have been greatly overstated:
In my work with T. William Lester and Michael Reich, we use nearly two decades' worth of data and compare all bordering areas in the United States to show that while higher minimum wages raise earnings of low-wage workers, they do not have a detectable impact on employment. Our estimates — published in 2010 in the Review of Economics and Statistics — suggest that a hypothetical 10 percent increase in the minimum wage affects employment in the restaurant or retail industries, by much less than 1 percent; the change is in fact statistically indistinguishable from zero.
Dube estimates that a 10% rise in the minimum wage would reduce overall poverty by 2%. That's nice. It's also evidence that we need the minimum wage to rise by much more than 10% (which would only bring it up to about $8 an hour). A $10 minimum wage would offer a full time worker a salary of $20,000 a year—a shitty salary, but enough to raise a household of three over the official poverty line, at least. A $15 minimum wage would mean a $30,000 annual salary. Of course, the vagaries of hourly work and ever-shifting schedules would mean that annual take-home pay would probably fall well under those figures.
Later this week, fast food workers across the nation will stage a one day walkout as part of their ongoing quest to shame employers into raising their wages. Shame will not work, except as a tool for motivating political will. If low wage workers in dead end jobs are ever to gain some small measure of economic security, their wages will have to be raised by law. Ten dollars an hour is a good starting point. But that should be seen as a stopgap humanitarian measure meant to be temporary, until support can be gathered for another raise, or at least for a law indexing minimum wage to inflation.
Minimum wage earners are sometimes dismissed as people too lazy to find a better job. But a land of opportunity in which there is a higher-paying job available for everyone who works hard is a childish fantasy. With a different shuffle of the deck of fate, any one of us could be earning minimum wage. The question is not "How much do those people deserve?" The question is: How much would you accept to do that job?
Source
Activists Seek More Public Input in Fed President Picks
Wall Street Journal - December 11, 2014, by Pedro Nicolaci da Costa - A group of left-leaning activists is taking aim at the process for selecting the presidents of the Federal...
Wall Street Journal - December 11, 2014, by Pedro Nicolaci da Costa - A group of left-leaning activists is taking aim at the process for selecting the presidents of the Federal Reserve‘s 12 regional banks, saying it lacks sufficient transparency and public input.
Philadelphia Fed President Charles Plosser and Dallas Fed President Richard Fisher have announced they will retire next year and both district banks are conducting searches for successors. The two men have been critics of the central bank’s prolonged low-rates policies, saying they aren’t doing very much to boost employment or growth.
Federal law dictates the process for choosing the regional presidents. They are picked by a subset of the banks’ boards of directors, with approval from the Fed’s Washington-based board of governors. The regional bank boards include bankers, business executives and some community representatives, but directors from banks supervised by the Fed don’t have a vote in hiring the banks’ presidents.
Commercial banks that are members of the Fed system own the stock of their district’s reserve bank and elect most of its directors. Remaining directors are appointed by the Fed board in Washington.
The activist group, led by the Center for Popular Democracy, a national nonprofit organization, said it is in talks with the Dallas Fed about increasing transparency in its selection process and is planning a march in Philadelphia from Constitution Hall to the Philadelphia Fed on Monday. Members of the group plan to hold a press conference outside the regional Fed bank like the one they held in Washington in November, at which community members and leaders will tell some of their stories.
The appointments are “too important to be done behind closed doors, too important to be dominated by financial and corporate interests,” said Ady Barkan, a staff attorney at the center.
“We are concerned there is not going to be enough community and public engagement,” Mr. Barkan said. “Corporate and financial elites already have tremendous influence over monetary policy and interest rates. The Fed should also listen to the tens of millions of working families who are not experiencing a recovery.”
The Fed board, the Dallas Fed and the Philadelphia Fed declined to comment.
In response to the activists’ concerns, voiced during a conversation with Fed Chairwoman Janet Yellen in November, the central bank has just published a new list of “frequently asked questions” about the regional president selection process.
Kendra Brooks, a member of Action United in Philadelphia, a community organizing group, said she and others have met with some officials at the Philadelphia Fed, but have yet to be granted a meeting they’ve requested with Mr. Plosser or received an answer to their offer to take top officials around local communities.
“We’re hoping we can push them a little harder about allowing a meeting or taking a tour of their communities,” said Ms. Brooks.
Her story is an all-too-familiar one in the Great Recession of 2007-09. Having lost a 15-year job as a program director at Easter Seals, a nonprofit that helps people with disabilities, Ms. Brooks, 42 years old, said it took her a year and a half to find work again—and she now makes just half what she used to. She also lost her home to a foreclosure.
Fed governors are appointed by the U.S. president, subject to Senate confirmation. They all are voting members of the central bank’s powerful policy-setting Federal Open Market Committee.
The New York Fed president is the vice chairman of the FOMC and a permanent voting member. The other 11 presidents vote on a rotating basis. The presidents run the regional Fed banks, which supervise the private banks in their districts. The presidents also move markets and influence Fed policy through their public remarks.
The center organized activists to appear at the Kansas City Fed’s exclusive annual conference in Jackson Hole, Wyo., in August. They argued the Fed should not start raising its benchmark short-term interest rate from near zero until the labor market improves more.
U.S. unemployment has fallen to 5.8%, historically elevated but much lower than postrecession peaks. Some policy makers worry that number masks pockets of weakness including a large number of workers who are only working part-time because they cannot find full time jobs.
Many investors and top Fed officials expect the first rate increase in the middle of next year.
Source
Forever 21 And Others Accused Of Skirting California Labor Laws Around On-Call Shifts
Forever 21 And Others Accused Of Skirting California Labor Laws Around On-Call Shifts
A former employee of Forever 21 hit the company with a lawsuit in California state court over its exploitative scheduling practices...
A former employee of Forever 21 hit the company with a lawsuit in California state court over its exploitative scheduling practices, just a week after a class action was filed against BCBG Max Azria alleging the same practices.
Raalon Kennedy, who previously worked at Forever 21 as sales clerk, claims the company requires employees to be on call for shifts but doesn’t compensate them with required pay for being made to report to work yet being sent home, as per California law. “In reality, these on-call shifts are no different than regular shifts, and Forever 21 has misclassified them in order to avoid paying reporting time in accordance with applicable law,” he said.
Robynette Robinson’s suit against BCBG seeks class action status on behalf of workers who she alleges were similarly required to report for on-call shifts but not asked to work, yet were not given reporting time pay. “This class action on behalf of BCBG Max Azria Group LLC retail store employees challenge[s] a new form of wage theft — the practice of scheduling employees in retail stores for ‘on-call’ shifts but failing to pay the employees required reporting-time pay,” she said.
Forever 21 and BCBG could not be immediately reached for comment.
Bridgford Gleason & Artinian, the law firm representing both Kennedy and Robinson, told Law 360 that it has also filed similar lawsuits against other retailers that include The Gap and its subsidiaries, PacSun, and Tilly’s, and plans to file four or five more.
California law stipulates that employees be compensated with “reporting time pay” for being required to report to work but only being asked to work less than half of the actual shift. That pay is supposed to come to an employee’s regular rate of pay for half of a day’s work.
Other states have these requirements as well: Connecticut, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Rhode Island, and Washington, DC all have similar laws on the books. New York’s law is being put to the test by Attorney General Eric Schneiderman, who sent letters to 13 large retailers in April looking into whether their scheduling practices run afoul of the law. Since then, four of them have pledged to end on-call scheduling.
Chaotic scheduling is rampant throughout the retail industry, however, and goes beyond being made to be available for a shift without knowing whether there will actually be work. One survey in the service sector found that a third of employees rarely get consistent work schedules, while more than half only find out their schedules a week or less in advance. A different study found that within retail, more than a quarter of workers have irregular schedules that include on-call shifts, two shifts in the same day, or rotating shifts. Forty percent of retail workers in New York City say they have no set hours from week to week, while a quarter have been required to be on call.
These schedules can make it impossible to get by. Without a set minimum of weekly hours, workers may never know week to week whether they’ll earn enough to pay their bills. Without knowing for sure when they’ll be asked to come in, child care or transportation arrangements can fall through. And it makes it extremely difficult to hold down a second or third job to help make ends meet.
Source: ThinkProgress
Another Police Department Says ‘No’ To ICE’s Detainer Requests
Mint Press News – August 27, 2013, by Katie Rucke -
Newark, N.J.’s refusal to detain undocumented immigrants for minor offenses could serve as an olive branch to the...
Mint Press News – August 27, 2013, by Katie Rucke -
Newark, N.J.’s refusal to detain undocumented immigrants for minor offenses could serve as an olive branch to the immigrant community.
As of last month, the Newark, New Jersey police department is no longer taking orders from Immigration and Customs Enforcement (ICE) to detain undocumented immigrants who have been picked up for minor criminal offenses such as shoplifting or vandalism.
The policy was signed into law by Newark Police Director Samuel DeMaio on July 24.
Newark may be the first and only law enforcement agency in New Jersey no longer to honor detainer requests from ICE, but it’s far from the only police department in the country to have done so. Police departments in Los Angeles, the District of Columbia, Chicago, New York City and New Orleans have also implemented policies stating they won’t honor ICE detainer requests.
The policy change was applauded by civil rights and faith leaders, who say the detainers — which allow law enforcement to hold in custody for up to 48 hours, without a warrant, those whose immigration status is in question — discourage communities of immigrants and law enforcement officials from having a cooperative relationship.
Immigrant-rights advocates said they view the new police protocol as an olive branch to undocumented people living in the U.S., who may be hesitant to cooperate with police officers who are investigating crimes in the community for fear they may be deported. New Jersey reportedly has one of the largest immigrant populations in the nation.
“Law enforcement officials across the country have recognized that local police officers should not be in the business of federal immigration enforcement,” said Udi Ofer, executive director of the American Civil Liberties Union (ACLU) of New Jersey, which advocated for the policy shift.
“With this new policy in place, the Newark Police Department has made it clear that all residents, regardless of their immigration status, are safe to cooperate with the police,” Ofer continued in the release. “This policy ensures that if you’re a victim of a crime, or have witnessed a crime, you can contact the police without having to fear deportation. This will make all Newarkers safer.”
Emily Tucker is an attorney at the Center for Popular Democracy. She said the group was “thrilled that Newark is standing in solidarity with immigrant families by rejecting all future collaboration with the federal deportation apparatus.
“Spending local tax dollars to take parents away from their children and workers away from their jobs is both morally wrong and bad for the economy,” Tucker said. “We hope the Newark policy will serve as a model for the rest of New Jersey, and for cities around the country who don’t want local resources being spent to help ICE meet its arbitrary enforcement quotas.”
New Jersey to New Orleans to Los Angeles
The New York Times recently published an editorial applauding those cities that have announced they will no longer be cooperating with ICE’s detainer requests and encouraged other cities to follow suit.
“The federal dragnet that makes little distinction between tamale sellers and dangerous criminals — greatly expanded by the use of local law enforcement officials across the country — has been ensnaring record numbers of minor offenders,” the editorial board wrote. “This melding of local crime fighting and immigration enforcement has led to unjust imprisonment, policing abuses, racial profiling and paralyzing fear in immigrant communities.
“The damage to public safety is measurable; a recent study by researchers at the University of Illinois at Chicago found that Latinos, both immigrants and native-born, often shun the police and are reluctant to cooperate with criminal investigations. Combating domestic violence, sexual abuse and gang-related crimes becomes far more difficult when local cops are de facto federal agents.”
Amy Gottlieb, director of the American Friends Service Committee, said she hoped other law enforcement agencies would implement similar policies, adding that “any detainer policy where people are aware that the police department is acting in support of the immigrant community is going to be helpful for police and immigrant relations.”
While Newark officers will no longer hold persons in an immigration detention center for committing a minor-level offense, the Newark Police Department will still report information to ICE after arresting an individual and also will continue to share fingerprint information with federal investigators.
“If we arrest somebody for a disorderly persons offense and we get a detainer request, we’re not going to hold them in our cell block,” DeMaio said. “I don’t know if we’ve ever gotten a detainer request on a guy with a misdemeanor,” adding that the department received a total of eight detainer requests in 2012.
Helpful or harmful to a city’s crime fighters?
While California Gov. Jerry Brown (D) has said he would sign legislation limiting who state and local law enforcement officials can hold for deportation, and while Connecticut’s legislature unanimously passed similar legislation, not everyone thinks the policy is a good idea.
Republican U.S. Senate candidate Steve Lonegan, for example, called the policy “another in a long line of missteps” by his opponent, Newark Mayor Cory Booker (D), saying the new policy will only lead to an increase in crime.
“We’re sending a signal,” he said, that “you can come to the country illegally, you can shoplift, you can vandalize but it’s alright. We’re going to make sure you’re safe. It’s a great message to our kids.”
Kevin Griffs, a spokesman for the Booker campaign, said Lonegan’s understanding of the policy was inaccurate and explained that “all serious offenders obviously go to the county jail, and ultimately, the mayor’s thinking was that this was going to improve relations between the police department and the immigrant community and help the Newark Police Department catch more of the real bad guys.”
ICE officials have declined to comment on the policy change.
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23 hours ago
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