Fatal Inequality - The Report
Fatal Inequality
Workplace Safety Eludes Construction Workers of Color in New York State
The construction industry is full of dangerous jobs. Smaller companies often have...
The construction industry is full of dangerous jobs. Smaller companies often have particularly unsafe workplaces – they tend to be non-union and lack the necessary training, proper equipment, and respect for workers’ reports about unsafe conditions. Workers of color disproportionately face construction dangers because they work in construction in relatively high numbers, they are concentrated in smaller, non-union firms, and they are over-represented in the contingent labor pool.
Our review of 2003-2011 OSHA investigations of construction site accidents involving a fatal fall from an elevation revealed that Latinos and immigrants are disproportionately killed in fall accidents.
Download the full report here.
Executive SummaryThe construction industry is full of dangerous jobs. Smaller companies often have particularly unsafe workplaces – they tend to be non-union and lack the necessary training, proper equipment, and respect for workers’ reports about unsafe conditions. Workers of color disproportionately face construction dangers because they work in construction in relatively high numbers, they are concentrated in smaller, non-union firms, and they are over-represented in the contingent labor pool.
Our review of 2003-2011 OSHA investigations of construction site accidents involving a fatal fall from an elevation revealed that Latinos and immigrants are disproportionately killed in fall accidents.
In 60% of the OSHA-investigated fall from an elevation fatalities in New York State, the worker was Latino and/or immigrant, disproportionately high for their participation in construction work. In New York City, 74% of fatal falls were Latino and/or immigrant. Narrowing further, 88% of fatal falls in Queens and 87% in Brooklyn involved Latinos and/or immigrants. 86% of Latino and/or immigrant fatalities from a fall from an elevation in New York were working for a non-union employer.In 2011 focus groups, Latino construction workers reported fearing retaliation as a key deterrent to raising concerns about safety.
The primary protection for construction workers’ safety, the federal Occupational Safety and Health Administration (OSHA), is ineffective. Understaffed because of inadequate funding, OSHA is unable to inspect a significant number of construction, demolition, and building rehabilitation sites active at any one time in the state. And, when OSHA does inspect a construction site, the monetary penalties imposed for violations are so small that employers can see them as just an incidental cost of doing business. Further, OSHA almost never pursues criminal penalties, even for egregious and willful violations that are directly linked to a worker’s death.
New York State offers supplemental protection through the Scaffold Law (Labor Law §240), which requires owners and contractors to provide appropriate and necessary equipment, such as safe hoists, ladders, and scaffolds. The law holds owners and contractors fully liable if their failure to follow the law causes a worker to be injured or killed.
The construction and insurance industries are proposing an amendment to the Scaffold Law that would shift responsibility for workplace safety from owners and contractors, who control site safety, to workers, who do not. The change will have a disparate impact on construction workers of color, which makes the preservation of the current Scaffold Law a civil rights issue.
Construction workers’ safety should be improved by:
Appropriately funding, staffing and empowering OSHA to effectively prevent dangerous worksite conditions and punish preventable and foreseeable accidents; Ensuring that all construction owners, contractors, and workers receive proper safety training; and Protecting and enforcing the New York State Scaffold Law.
Donald Trump: Evictor-in-chief
Donald Trump: Evictor-in-chief
Landlord-in-chief Donald Trump wants to evict 800,000 people from the U.S. On September 5th, the Trump administration announced it intends to end the Deferred Action for Childhood Arrivals (DACA...
Landlord-in-chief Donald Trump wants to evict 800,000 people from the U.S. On September 5th, the Trump administration announced it intends to end the Deferred Action for Childhood Arrivals (DACA).
Many DACA recipients, employed in the construction industry, built the very buildings that made real-estate moguls like Trump rich.
Everyday, the people of New York City are fighting landlords and their racist policies. This past couple of weeks have been no exception. On Wednesday, Aug. 30, thousands turned out for a march to protect DACA. It was organized by 15 different community organizations, including 32BJ SEIU, Working Families Party, Make the Road New York, New York Immigration Coalition, United We Dream, Tenants and Neighbors, Churches United For Fair Housing (CUFFH), New York Communities for Change, Alliance for Quality Education (AQE), VOCAL NY, the Women’s March, and the Center for Popular Democracy. Thousands in cities and municipalities around the country also rallied and marched to defend DACA.
Read the full article here.
Activists Push the Democrats for Real Solutions on Climate Change
Activists Push the Democrats for Real Solutions on Climate Change
There might be no issue that splits so neatly along party lines as climate change. While Democrats have all but consensed on the existence of man-made global warming, Republicans have staked out...
There might be no issue that splits so neatly along party lines as climate change. While Democrats have all but consensed on the existence of man-made global warming, Republicans have staked out their place as the party of denial. But with climate-fueled chaos on the horizon, trumping Trump’s climate plan may not be enough to stave off the end of the world as we know it—and progressive activists are looking for more ambition on their side of the aisle.
First, the bad. At this year’s Republican National Convention, the GOP’s drive to drill baby drill toward an “all of the above” energy policy yielded chilling results.
Take the GOP’s climate and energy platform, an extremist document—even for them—that calls for more pipelines, a cancellation of the Clean Power Plan, the United States’ total withdrawal from the Paris climate agreement and the end of the EPA’s ability to regulate carbon dioxide and just about anything else, morphing it into “an independent [and toothless] bipartisan commission.”
Others fused energy policy with Trumpian law-and-order nationalism: “Every onerous regulation puts American lives at risk,” Harold Hamm, a fracking mogul and Trump’s pick for energy secretary, said Wednesday. “Developing America’s own oil supply is a matter of national security.”
And official RNC proceedings were dotted with panels on energy sponsored by the likes of the American Petroleum Institute, a lobbying outfit for the fossil fuel industry. At one such event, Congressman Marsha Blackburn (R-TN) voiced a myth popular among her colleagues: “The earth is no longer warming, and has not for the about past 13 years, in fact it has begun to cool.”
Squared with any climate science worth its peer review, the GOP’s plan is a recipe for literal disaster. This year will likely be the hottest on record, and recent research shows that thanks to ramped-up melting, Greenland lost a trillion tons of ice from 2011 to 2014.
Rising temperatures could cost the global economy some $2 trillion by 2030, around the time when coastal cities might become virtually uninhabitable. By stripping the government of its ability to scale back the emissions fueling these trends, the Republican platform might well kill us all—or at least force us inland.
But is the Democrats’ plan much better? When it comes to climate change, there’s precious little time for lesser evils; the physics—as scientists are quick to tell us—has put humanity on a deadline. Next week, thousands will converge on the Democratic National Convention to enforce it.
Articulating climate change as “an urgent threat and a defining challenge of our time,” the Democratic platform sets out a series of ambitious goals on climate for the next half-century: a full transition to clean energy by 2050, creating millions of well-paying green jobs, fulfilling the Paris Agreement for a 1.5 degree Celsius global cap on warming, pricing both carbon and methane, and abandoning the “all of the above” stance Democrats wrote into their platform in 2012.
The issue, climate organizers say, is that the plan says next to nothing about how to get there. Though the platform benefitted from input of climate hawks like Bill McKibben, Keith Ellison and Cornel West, many of the strongest environmental protections brought up in the drafting process were struck down. Food and Water Watch National Organizing Director Mark Schlosberg noted that, among other shortcomings, the document failed to ban fracking, reject the Trans-Pacific Partnership or commit to keeping fossil fuels buried.
Not only that, but Clinton’s staffers have made pains to distinguish the party’s plans from her own, which are focused largely on market-based clean energy incentives and a handful of regulations. If the Democrats’ own nominee won’t champion her party’s policy slate, pushing beyond it will be no easy task.
Despite its flaws, the Democrats’ platform remains the most ambitious the party has produced to date. But meeting its relatively lofty benchmarks would require rapid cuts to current fossil fuel use, and a virtual moratorium on new pipelines, drilling projects, coal-fired power plants and fuel export terminals—none of which are included to sufficient degree in either the document or Clinton’s own agenda. Even if every national commitment outlined in the Paris Agreement is met, the world is still on track for around 3 degrees of warming. A recent report from Nature, moreover, finds that “the window for limiting warming to below 1.5 C … seems to have closed.” Meeting that now, researchers say, would require the use of some magically efficient (and currently non-existent) technology to suck carbon out of the atmosphere.
The Democrats’ platform, Schlosberg explains, “Contains some good language [on climate change] … and calls for a World War II-scale mobilization to address it. But the rest of the platform doesn’t live up to what is necessary to implement that. …
“We need to put forward an affirmative vision of what [a low-carbon world] should look like,” he adds, “not just what we can bargain for.”
Party platforms, at day’s end, are symbolic documents—more of a temperature gauge on the party’s mainstream than a commitment that it will do what it says. Even the “strongest climate change platform ever,” as the Guardian called the Democrats’ plan, leaves a dangerous gap between science and policy.
That’s part of the reason why—on Sunday—Food and Water Watch, with the support of some 900 sponsoring organizations, is hosting a March for a Clean Energy Revolution through downtown Philadelphia, just hours before the convention is set to begin. Joined by the Center for Popular Democracy, National Nurses United, the Labor Network for Sustainability and others, the march will invite thousands to call for everything from a ban on fracking to keeping fossil fuels underground.
Also on the ground next week will be Nay’Chelle Harris, a member of Missourians Organizing for Reform and Empowerment (MORE) and something called the It Takes Root People’s Caravan. A redux, of sorts, of a delegation of organizers who attended the Paris climate talks back in December, the caravan has been bringing together “grassroots Indigenous, Latin@, Black, Asian, Muslim and working class white organizers from around the country” to plan and support actions in Cleveland, Philadelphia and points in between.
This week they joined the immigrant rights’ group Mijente outside the RNC to “wall off Trump,” and in Philly will participate in actions to shut down an immigration detention center and stop the expansion of a South Philadelphia oil refinery. Like Harris, many “caravanistas” work at the intersections of racial, immigration and climate justice. They kicked off their trip with a Pledge of Resistance “to stand against the racism, misogyny and hateful and xenophobic policies being put forth at the Republican National Convention.” Climate justice, they say, won’t come without victory on other fronts as well.
Having first gotten involved in MORE’s campaign against coal company Peabody Energy as a student at Washington University in St. Louis, Harris started devoting more time to the group after Michael Brown’s killing in nearby Ferguson in the summer of 2014. MORE provided jail support to protesters arrested in Ferguson that summer, and since then has worked on a project mapping out the connections between St. Louis power brokers—including Peabody Energy, headquartered there—and the city’s police department. “Power Behind the Police,” as the project is known, looks to target the “St. Louis 1%” while building out a people’s agenda for a just transition away from fossil fuels and police violence alike.
“We need to confront the GOP, and confront Trump and his rhetoric,” Harris told me by phone from Cleveland. “But we also need to confront the DNC—they have been pushing militarism, they have been pushing market-based, false solutions to climate change. They haven’t shown real dedication to ending violence against black people.” Carbon taxes and trading schemes have been a favorite not just of progressives but also free market ideologues, whose proposed version of the carbon tax would swap corporate regulations for a price on oil and coal. (Former Bush economist N. Gregory Mankiw is a fan of the idea, along with ExxonMobil.) Many in the caravan, on the other hand, see such elite-driven, market-based proposals as a cynical way to stave off the kinds of strong regulations that might actually put a dent in the fossil fuel industry’s business model, and protect communities on extraction’s frontlines.
Schlosberg and Harris each said that taking on such false solutions, and securing a better climate plan, would take more coordination among movements across issues. Harris joins many millennials, too, in her frustration with politics as usual as a path toward that, saying she “doesn’t feel beholden to the Democratic Party.” But she is also part of a tide of grassroots organizers who see electoral fights as a field of struggle in pushing movements’ demands, along with mobilizations and other forms of pressure from outside of formal politics—like demonstrations happening in Philadelphia next week.
“We can’t depend on the political system,” Harris told In These Times. “But that doesn’t mean we shouldn’t use every avenue for change we have at our disposal.” She referenced two local St. Louis politicians—Democrats Megan Green and Rasheen Aldridge—as examples of what it looks like for officials to run on platforms and govern on platforms that are accountable to activists. Green, an alderwoman, and Aldridge—now running for Democratic Committeeman in the city’s fifth ward—have each used their campaigns to push for demands brought forth by the movement for black lives and Fight for $15.
“I don’t think anyone should consider a party to be their savior,” Harris added, whether it’s the Democrats or the Green Party. “What matters now is people power.”
By KATE ARONOFF
Source
NY Fed names Williams to top post amid political backlash
NY Fed names Williams to top post amid political backlash
“Yet the drum beat of criticism in recent weeks, including a demonstration outside the New York Fed and letters from state and city lawmakers, is raising worries within the Fed about independence...
“Yet the drum beat of criticism in recent weeks, including a demonstration outside the New York Fed and letters from state and city lawmakers, is raising worries within the Fed about independence from political pressure. Some lawmakers have in the past said the New York Fed president should be a presidential appointment like Fed governors. On Tuesday, advocacy group Fed Up slammed the appointment of "yet another white man whose record on Wall Street regulation and full employment raises serious questions."
Read the full article here.
Tenants March to Stop Giveaways to Wall Street Landlords
Tenants March to Stop Giveaways to Wall Street Landlords
“When I moved into our manufactured housing community in North Fort Myers, it was a beautiful, peaceful place,” Mathers told the crowd of around 1,000 activists who’d converged on the city for a...
“When I moved into our manufactured housing community in North Fort Myers, it was a beautiful, peaceful place,” Mathers told the crowd of around 1,000 activists who’d converged on the city for a July 13 Tenant March on Washington.
“Now I have neighbors who are really struggling. They’re taking their medications every other day instead of every day and not eating the food they need to be healthy.”
Read the full article here.
Activists launch #BackersOfHate to call out major companies with ties to Trump
Activists launch #BackersOfHate to call out major companies with ties to Trump
Activists are fearlessly taking on some of the biggest corporations in the U.S., calling them out for their ties to President Donald Trump.
A newly launched website called BackersOfHate.org...
Activists are fearlessly taking on some of the biggest corporations in the U.S., calling them out for their ties to President Donald Trump.
A newly launched website called BackersOfHate.org breaks down how nine major corporations are affiliated with the Trump administration and the ways they will gain from the Trump agenda. The website also outlines current company policies that already negatively impact people of color, immigrants, Indigenous communities, and low income populations — similar to critiques of the Trump agenda.
Read the full article here.
Philly Council approves bills for ‘Fair Workweek’ and $15/hr wage hike
Philly Council approves bills for ‘Fair Workweek’ and $15/hr wage hike
Philadelphia’s Fair Workweek bill is stronger in some ways than those across the country, but weaker in others, said Rachel Deutsch, an attorney with the Center for Popular Democracy, a main...
Philadelphia’s Fair Workweek bill is stronger in some ways than those across the country, but weaker in others, said Rachel Deutsch, an attorney with the Center for Popular Democracy, a main organizer of the national Fair Workweek movement.
Read the full article here.
Economic Recovery? Not for Ferguson or Black America
MSNBC - March 13, 2015, by Jane Timm - “America is coming back,” President Obama declared late last month, touting strong job creation and rising wages. “We’ve risen from recession.” But for...
MSNBC - March 13, 2015, by Jane Timm - “America is coming back,” President Obama declared late last month, touting strong job creation and rising wages. “We’ve risen from recession.” But for Ferguson, Missouri – and black America as a whole – the recovery still hasn’t come.
“Black unemployment rates are still at the height of the national unemployment rates during the Great Recession,” the Center for Popular Democracy’s Connie Razza told msnbc. “We’re still in a recession in black America.”
Indeed, while American unemployment is down to 5.5%, black unemployment is at 10.4%. While wages have risen over the last 15 years by 45 and 48 cents for Latino and white workers, respectively, they’ve fallen 44 cents for black workers, according to a study produced by Razza at the left-leaning organization. The net wealth of African-American families, too, is hurting. “As the wealth of the other groups is stabilizing in the wake of the recession, the wealth of the African-American community is declining,” Razza added.
Blacks have long faced unemployment rates that are double those of white workers – according to Pew, it’s been that way since 1954 – but sources say the recession has hurt black America, and the St. Louis region, particularly hard. “It’s not just a recession of jobs, it’s a recession of income; it’s a recession of wealth in the sense that a whole lot of homes in Ferguson are still under water. It’s a three-way disaster for people in that part of St. Louis county,” Dave Robertson, a political science professor at the University of Missouri at St. Louis, told msnbc. “In places like Ferguson, it’s not coming back quickly.
The most recent racial employment breakdown indicates that Missouri’s problems may be worse than the rest of the country’s, too. In Missouri, black unemployment was 15.7% in the fall of 2014 – triple the state’s 4.5% white unemployment at the time.
“It’s not just unemployment,” Robertson added. “It’s the poor wages, it’s the under-employment, it’s the part-time work.”
And economic inequality is fueling the protests and activist movement, sources said. “There’s a real sense of despair especially for those young folks. You just don’t have the economic opportunities for young people. Especially young people coming out of sub-standard school districts … not having the tools prepared for the economy,” Ferguson activist Umar Lee told msnbc. “And then there’s a shortage of jobs, leaving young people at a disadvantage, and so they just drop out.”
“That’s the driving force, we believe,” former state Sen. Maida Coleman told msnbc. She’s heading up Gov. Jay Nixon’s Office of Community Engagement, a state office formed in the wake of August’s protests to focus on low-income and minority communities. “What’s happening now is that we see a real need to address these high levels of unemployment, just as we are addressing education,” Coleman said. “The hopelessness needs to be addressed.”
But the problem extends beyond Ferguson; when there are jobs to be had, black Americans struggle to get hired.
A 2013 study found that black college grads had twice the unemployment rate of white college grads and that racial inequality actually grew during the recovery. A 2014 study by nonpartisan education and economic advocacy group the Young Invincibles found that black workers need college credit to compete with white high school drop-outs thanks to racial discrimination.
Getting an interview may be half the battle, too. A 2003 study found that very white-sounding names received 50% more callbacks for interviews than a very black-sounding name.
For these reasons, Razza and the Center for Popular Democracy are urging the Federal Reserve to keep interest rates low. The Fed had vowed to keep rates low until employment dipped below 6.5% and the recovery came in earnest, but Razza argued that the country needs to be closer to “full employment”—that is there are close to the same number of jobs as people who want to work—before the Fed can really stop intervening. “The fact that black Americas are still experiencing a recession is really … the canary in the coal mine of the recovery,” she said.
Source
For Some Starbucks Workers, Job Leaves Bitter Taste
CBS MoneyWatch - September 26, 2014, by Alain Sherter - Liberte Locke, a 32-year-old "barista" at a Starbucks (...
CBS MoneyWatch - September 26, 2014, by Alain Sherter - Liberte Locke, a 32-year-old "barista" at a Starbucks (SBUX) in New York City, is fed up.
"Starbucks' attitude is that there's always someone else can who can do the job," she said in running through her complaints about life at the java giant.
If that isn't necessarily the consensus among Starbucks workers, interviews with nine current and former baristas at the company make clear it's not an isolated opinion, either. Even those who say they like their job paint a picture of a business that underpays front-line workers, enforces work rules arbitrarily and too often fails to strike a balance between corporate goals and employee needs.
Of course, such complaints are nothing new in retail, where low pay and erratic schedules are the norm. But by its own account, Starbucks is no ordinary company and is ostensibly a far cry from the fast-food outlets now facing a nationwide uprising by employees tired of working for peanuts.
That's evident in the company's recruitment pitch. Starbucks invites job-seekers to "become a part of something bigger and inspire positive change in the world," describing it as a chance to discover a "deep sense of purpose."
Damage control
That image suffered a serious blow last month after The New York Times vividly chronicled a Starbucks worker struggling with the company's scheduling practices. The story, which centered on a 22-year-old barista and single mother, amounted to a public relations nightmare for Starbucks. Perhaps not coincidentally, within days of the story's publication top executives were promising reform.
In a memo to employees earlier this month, for instance, Chief Operating Officer Troy Alstead vowed to "transform the U.S. partner experience," referring to Starbucks' more than 130,000 baristas. Inviting worker feedback, he said Starbucks will examine its approach to employee pay, revisit its dress code, make it easier for people to ask for time off, and consider other changes aimed at helping baristas balance work and their personal lives.
Among other changes, the company said it would end the practice of "clopening," when an employee responsible for closing a store late at night is also assigned to open it early in the morning.
"We recognize that we can do more for our partners who wear the apron every day," he wrote.
Some baristas did not feel this August memo from Starbucks went far enough in proposing ways to improve work conditions, so they marked it up with their own ideas.
Although Starbucks workers welcome this pledge to respect the apron, they fear the company is more intent on dousing the PR flames than on genuinely improving employees' experience. After the retailer last month sent an email to workers outlining possible solutions to the kind of scheduling problems and related issues detailed by the Times, a group of baristas gave the proposal a C- and posted online a marked-up version of the memo listing their own demands (image above).
"We hope you're ready for a commitment to give us schedules that don't mess with taking care of kids, going to school or holding onto that second job we need because Sbux wages don't make ends meet," wrote the baristas, who are working with a union-backed labor group, the Center for Popular Democracy.
Retail jungle
Despite the recent media focus on Starbucks, the company's labor practices are generally no worse than those of many large retailers. In some ways they're better, with the company offering health care to part-time, as well as full-time, workers; unusually generous 401(k) matching contributions; annual stock grants to employees; and tuition reimbursement.
Starbucks highlights such benefits as an example of its commitment to employees. "Sharing success with one another has been core to the company's heritage for more than 40 years," Alstead said in the September memo.
Meanwhile, some baristas say they enjoy their work and feel valued by Starbucks. "It's a decent place to work, and my manager and co-workers are great," said one employee who asked not to be identified.
But other current and former workers claim Starbucks has changed in recent years, saying that corporate leaders' intense focus on slashing costs has short-circuited its professed commitment to workers. Mostly, they say Starbucks doesn't listen to employees and even punishes those who identify problems.
"The biggest problem is that baristas don't have a voice," said Sarah Madden, a former Starbucks barista who left the company this spring after two years with the coffee vendor. "They can't speak to issues that they know exist. Workers know how to fix them, but when [they] speak up there are serious repercussions -- your hours get cut, you're transferred to another store or isolated from other people."
Employees interviewed for this article said one result of Starbucks' cost-containment push is that stores are frequently understaffed, hurting customer service and forcing managers to scramble to find staff. That problem is common across the big-box stores that dominate the retail sector, experts said.
"One the one hand, retailers overhire, but they're also understaffed, so everybody's running around and then there aren't enough people on the floor," said Susan Lambert, a professor at the University of Chicago and an expert in work-life issues. "Companies are effectively loading all the risk onto workers so that they're not the ones incurring the risks inherent in business."
Starbucks denies that its stores are short-staffed. "We're proud of the level of service we provide in our stores," said Zack Hutson, a spokesman for the company. "We know that the connection our partners have with customers is the foundation of the Starbucks experience. It wouldn't be in our best interest. We want our customers to have the appropriate service level when they come to our stores."
To be sure, Starbucks is hardly the only U.S. corporate giant to keep a gimlet eye on its bottom line -- among Fortune 500 companies that approach to management is the rule, not the exception, and CEOs across the land defend it as an inviolable fiduciary duty to shareholders.
But baristas say Starbucks' focus on profits and cost-cutting has increasingly led its leadership to tune workers out. Locke, who has worked for the company since 2006 and who earns roughly $16,000 a year, said she yearned for the Starbucks of old.
"When I started they had a training program and taught you how to be a coffee expert. There was more of a culture of supporting each other as co-workers. Store managers were sympathetic. I really enjoyed it."
Asked why she stays at Starbucks, Locke said her employment options are limited because she lacks a college education and because her only professional experience is in retail.
Living wage?
According to workers, the best thing Starbucks can do for its apron-wearers is to raise their pay and offer full-time hours instead of the 20 to 30 hours that most employees work.
Samantha Cole, a barista in Omaha, Neb., said she struggles to get by on her supervisor's salary of $11.25 an hour. Such pay may be better than what she would earn working for other retailers, but the 30-year-old mother of two say it's still not a living wage.
"I'm definitely not making enough money," said Cole, who has been with the company for six years. "A lot of us are right there with what fast-food workers are making."
Such frustrations are also evident in comments on the Facebook page Starbucks uses to communicate with employees and where it is asking baristas for input regarding the company's labor practices. Wrote one employee: "I've worked for the company for 7 years in January, and I don't make enough to support myself on one job so I work 2 jobs, 6 days a week.... I've seen a lot of amazing partners leave because they don't make enough."
Starbucks declined to disclose compensation data, citing competitive reasons and saying that pay varies widely according to workers' experience and where in the U.S. stores are located. It didn't respond to emails requesting clarification regarding other aspects of its labor policies.
It's worth noting that low pay isn't unique to Starbucks -- in retail it is the norm. As of 2012 (the latest year for which data is available), the median hourly income for retail salespeople is $10.29 per hour, or $21,410 a year, according to the Bureau of Labor Statistics. Hourly pay for full-time retail workers range from a high of $14.42 to $9.61 for lower-paid people, according to Demos, a liberal-leaning think tank in New York. Part-timers typically make much less, with the average cashier earning $18,500 a year.
"Until [Starbucks] gives a living wage to every employee, they can't claim to be a good employer," Locke said, who added that it has been roughly two years since her last pay raise.
"Race to the bottom"
Another priority for baristas: stable, regular schedules. Like most large retailers, Starbucks uses scheduling software to try to match the number of workers it has in a store at any given time to the amount of business it gets. Workers also may be scheduled according to the sales they generate or their facility in promoting certain products. The technology also can enable other savings, such as limiting overtime.
For employees, however, that approach -- known as "just-in-time" or "on-call" scheduling -- often results in lower income and chaotic hours.
Stephanie Luce, a professor of labor studies at City University of New York's Murphy Institute, characterizes the widespread adoption of scheduling and so-called workforce optimization technologies as a "new race to the bottom."
"Companies that have already reduced operating costs by making deals with irresponsible subcontractors and using the cheapest available materials are now cutting corners in the form of the 'just-in- time scheduling' of their workforce," she and her co-authors wrote in a recent report. "These 'lean' manufacturing practices take advantage of sophisticated software and an increasingly desperate workforce to cut labor costs to the bone."
By the same token, tighter control of worker schedules helps Starbucks contain payroll costs. But it also means employees who had expected to work a certain number of hours every week can see their schedules dramatically cut back and fluctuate wildly. The result? Smaller paychecks and a disturbance to family life.
"It makes it very hard for parents to participate in an intimate family routine and structure it in such a way that experts agree is good for children," Lambert said.
Irregular schedules also make it hard for workers who do need extra income to work a second job, schedule appointments and plan other aspects of their lives.
Baristas said Starbucks posts their schedule only days in advance and that they are often subject to change. Following the Times story, Starbucks said it would post schedules at least one week in advance. That's not enough time, several workers said, asking the company to provide at least two or three weeks notice, as retailers ranging from Walmart (WMT) and H&M to Victoria's Secret (LB) do.
Meanwhile, despite Starbucks' promise to end clopening, the practice continues, some workers said, although the company insists that this is only in cases when people request such shifts.
"Partners should never be required to work opening and closing shifts. That policy is clear," Starbucks' Hutson said, adding that the company is studying ways to give workers more input in their schedules. "If there are cases where that's not happening, we want to know about that."
Given the scrutiny on Starbucks, the company can count on baristas to do just that.
Source
Last-Minute Schedule Changes? Some Cities Say Employers Must Pay
Last-Minute Schedule Changes? Some Cities Say Employers Must Pay
Dec. 1 — More than a dozen states and cities in the past year considered legislation to require retail stores and restaurants to provide extra pay to employees for last-minute work schedule...
Dec. 1 — More than a dozen states and cities in the past year considered legislation to require retail stores and restaurants to provide extra pay to employees for last-minute work schedule changes. Thus far only a handful of cities have enacted such measures into law.
These predictive or predictable scheduling proposals, also called fair workweek measures, were “very popular” in 2016, John S. Hong, an employment law attorney with Littler Mendelson in San Francisco, recently told Bloomberg BNA.
“But they died on the vine in a lot of states,” Hong said.
In addition to providing “predictability” pay, these measures would require employers to notify workers about their schedules a certain number of weeks in advance under predictive scheduling proposals. They also include “access to hours” provisions that require employers to offer newly available hours to part-time staff before hiring new workers or using contractors or staffing agencies.
Worker advocacy groups praise these measures as providing secure, clear and stable scheduling for workers. But employers counter that these requirements remove the flexibility needed for retailers and restaurants to operate their businesses effectively.
Predictive Scheduling Is ‘The Next Fight.’
Predictive scheduling bills this year were withdrawn or never went to a vote in California, Indiana, Kansas, Maryland, Michigan, New York and Rhode Island.
Similar bills or provisions died in Connecticut, Illinois, Maine and Oregon in 2015.
Washington, D.C., also tabled a predictive scheduling proposal this year, while a court rejected a ballot initiative on the issue in Cleveland, Hong said.
Still, employee advocates said the number of jurisdictions that have considered scheduling laws is encouraging.
Introduction of the bills initiates public conversations among workers, employers and policy makers about the issue, they said.
“They begin the legislative process, which can take multiple years,” Elianne Farhat, deputy campaign director of the Center for Popular Democracy’s Fair Workweek Initiative.
Predictive scheduling is “the next fight,” following the success of the “Fight for $15" minimum wage initiative, Farhat told Bloomberg BNA Nov. 30.
“The issue will continue to pick up steam and move forward,” she said.
Two Cities Join San Francisco
Two cities this year enacted predictive scheduling laws. Seattle and Emeryville, Calif., followed in the footsteps of San Francisco, which passed the nation’s first ever predictive scheduling law in late 2014
Rules implementing San Francisco’s ordinance went into effect in March 2016. They apply to businesses that have 20 or more employees in the city and at least 40 retail sales establishments worldwide.
Seattle and Emeryville’s laws take effect in 2017.
Seattle’s law applies to retail and quick or limited food-service establishments with more than 500 employees worldwide and full-service restaurants with more than 500 employees and 40 full-service locations worldwide.
Emeryville’s law applies to businesses with more than 55 employees worldwide.
New Hampshire, San Jose Also Pass Laws
On the predictive scheduling periphery are San Jose, Calif., and New Hampshire, which passed narrower laws in the past year.
San Jose voters approved a ballot initiative in November that focused only on access to hour protections for part-time employees, meaning they would be given extra hours prior to hiring others.
New Hampshire in June didn’t quite enact a predictive scheduling law. Instead, it required employers to consider employee requests for flexible working arrangements and prohibited employers from retaliating against workers who made those requests.
The New Hampshire law is “minimal, but still important,” Liz Ben-Ishai, senior policy analyst at the Center for Law and Social Policy in Washington, D.C., told Bloomberg BNA.
Farhat added that Washington, D.C. passed a law guaranteeing a 30-hour minimum workweek for building service workers, although it tabled its broader predictive scheduling law.
Depending on the needs of a particular locality, some cities or states will pass broader scheduling laws, while others pass narrower provisions.
“They’re all part of updating our work hour standards,” Farhat said.
Looking Ahead to 2017
Predictive scheduling bills are pending in New Jersey and Massachusetts, Hong said. But the latter “may die for lack of action” before the end of the year.
A measure also is pending in Minnesota, according to CLASP data, but it may share the same fate as the Massachusetts bill.
Asked if the issue of predictive scheduling will continue to crop up in 2017, Hong said more cities and states may consider such measures. But “ultimately they may die on the vine,” he said.
Ben-Ishai provided a more optimistic outlook for predictive scheduling.
“I think it’s a promising area moving forward,” she said.
State and local lawmakers in Oregon could consider predictive scheduling measures next year, she said. In 2015, a state predictive scheduling bill died in committee, but legislators preempted scheduling ordinances at the local level only until 2017.
Portland, Ore., already has passed a resolution to study and eventually establish workweek principles for city contractors, Farhat said.
New York Mayor Bill de Blasio in September announced that the city is developing legislation that would require predictable work schedules for about 65,000 hourly fast-food employees in the city.
Predictive scheduling is expected to come back in Washington, D.C. next year “in a very serious way,” Farhat said. And California may onceagain consider a statewide measure, she added.
Don’t Forget About State Preemption Laws
Hong observed that several states have preemption laws that prevent cities, towns and counties from passing workplace laws that conflict with state or federal law.
About 22 states so far have expressly preempted localities from adopting such laws, like those that would raise minimum wages, provide leave benefits or expand workplace anti-discrimination protections. Most of these state have enacted the laws within the last five years., Lawmakers in about 11 other states have introduced similar bills so far in 2016.
At least five states—Alabama, Arizona, Indiana, Kansas and Michigan—have laws that could preempt local predictive scheduling laws, Hong said.
Preemption laws don’t necessarily indicate that legislatures are against fair scheduling, he said. “They don’t want local governments doing something potentially inconsistent with state law,” Hong said.
But Ben-Ishai contended that preemption laws can be a strategy taken by lawmakers who “are not friendly to workers’ rights.”
Federal Predictive Scheduling Law?
A federal predictive scheduling bill known as the Schedules That Work Act ( H.R. 3071, S. 1772) was introduced in both houses of Congress in July 2015.
The identical bills were sponsored by democrats and have remained stalled in committee. They are unlikely to be considered for a vote before the year ends.
Ben-Ishai said she expects the bills’ sponsors, Sen. Elizabeth Warren (D-Mass.) and Rep. Rosa DeLauro (D-Conn.), will reintroduce the legislation in the next Congress.
But given Republican control of both Congress and the White House, Ben-Ishai said, “I don’t think we’re super optimistic about it moving forward.”
Predictive scheduling will have a better chance at seeing “more movement” at the state and local levels, she said.
By: Jay-Anne B. Casuga
Source
2 months ago
2 months ago