Contractors and Workers at Odds Over Scaffold Law
New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of the skyscraper, lawmakers in New York State...
New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of the skyscraper, lawmakers in New York State enacted a law intended to safeguard construction workers who were finding themselves facing increasing dangers while working at ever-greater heights.
That measure, which became known as the Scaffold Law, required employers on building sites to ensure the safety of laborers working above the ground. Since then, some form of the legislation has remained on the books despite repeated attempts to repeal it.
But a lobby of contractors, property owners and insurers has in recent months renewed a campaign against the law, arguing that no less than the future of the state’s construction industry is at stake.
They argue that the law is antiquated and prejudicial against contractors and property owners, and essentially absolves employees of responsibility for their own accidents, leading to huge settlements. The payouts, they contend, have in turn led to skyrocketing insurance premiums that are hampering construction and the state’s economic growth.
On Tuesday, a coalition of contractors, including a newly formed alliance of firms owned by women and minorities, announced the start of an advertising and lobbying blitz in Albany and New York City. But a counter-lobby of unions, workers’ advocates and trial lawyers is pushing back just as fiercely. The law, they argue, is essential to ensuring the safety of workers in some of the world’s most dangerous jobs, particularly those employed by shoddy contracting firms that cut corners to save money. The law, they say, holds developers and contractors accountable for keeping job sites safe.
Gov. Andrew M. Cuomo this week acknowledged the politically loaded atmosphere surrounding the Scaffold Law, but suggested that he was open to the possibility of modifying the law.
The law states that contractors and property owners are responsible for ensuring that scaffolds, hoists and other devices that enable aboveground building construction and repair “shall be constructed, placed and operated as to give proper protection to a person so employed.”
When injuries result from a violation of those terms, the law says, contractors and owners are liable. There is no mention of worker responsibility. Under the law, however, the plaintiff still must show that a violation of the law’s standards occurred and that the violation caused the injury.
But those seeking to change the law want to incorporate a standard of “comparative negligence.” This amendment — described in a state bill submitted earlier this year — would require a jury or arbiter to consider whether the liability of the defendants, and thus the amount of damages, should be reduced for cases in which the worker’s negligence or failure to follow safety procedures contributed to the accident.
Opponents argue that the amendment would reduce the incentive for the property owner and contractors to take necessary safety precautions.
“This law protects both union and nonunion workers and creates a sense of accountability on these job sites,” said Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York, an umbrella group for unionized construction workers. “If the law was modified, the workers would lose their voice.”
But those seeking to alter the law say the amendment would not eliminate the owners’ and contractors’ motivation to keep their workplaces safe because they would still face the possibility of shouldering large payouts, even if they were found only partly responsible for an accident.
“The notion that a contractor or owner would want to do anything to undermine the safety of the worker on the job doesn’t make sense,” said Pamela Young, associate general counsel of the American Insurance Association.
Workers’ advocates argue that erosion of the Scaffold Law would have a disproportionate impact on minority and immigrant laborers, who, the advocates say, are more likely to work for nonunion companies that may not provide proper safety training and equipment.
Immigrants, the advocates said, are less likely to speak the same language as their bosses on a job site and more likely to fear being fired if they demand a safer workplace.
From 2003 to 2011, federal safety regulators investigated 136 falls “from elevation” that killed workers on construction sites in New York, according to a recent report by Center for Popular Democracy, an advocacy group. Of those workers, about 60 percent were Latino, foreign-born or both. That rate rose to 88 percent among fatal falls in New York City.
Some trial lawyers have been effective at using the law to secure large settlements. Of the 30 largest settlements in 2012, at least 14 were in cases brought under state labor laws and most of those involved falls from ladders or scaffolding, according to The New York Law Journal. The awards ranged from $3 million to $15 million.
Weislaw, a Polish immigrant, was the plaintiff in a liability case that was settled last month. (He spoke on the condition that his surname not be used in this article, out of concern for his privacy.) He had been part of a crew repairing the roof of a one-story public school building in Long Beach, on Long Island. While he was working on the roof one spring day in 2010, he was concentrating so hard on his task that he lost track of the edge of the roof and fell, he said, suffering multiple fractures.
“I will most likely never be able to return to work,” he said.
Weislaw filed a lawsuit under the Scaffold Law arguing that he had not been provided with proper protection, such as a safety line or a spotter.
The case settled for $2.7 million, said David Scher, a lawyer from the firm that represented him.
Critics of the Scaffold Law say the way it is written makes these sorts of cases easy to win.
“It’s a gold mine for the plaintiffs’ bar,” said Mike Elmendorf, president and chief executive of Associated General Contractors of New York State. “When you get one of these cases, it’s largely about how much it’s going to cost.”
These high payouts, he and others contend, have driven up insurance rates, knocking smaller contractors, particularly those run by minorities and women, out of business and forcing others to suspend work, costing thousands of jobs.
They argue that the impact is as high on government projects as it is on private ones, and that the soaring cost of liability insurance is forestalling the repair and construction of public works projects, such as schools, bridges and roads. The New York City School Construction Authority said in a statement on Monday that its liability insurance costs for 2014 would be nearly as much as those for the three-year period from 2011 to 2013.
But in recent weeks, the law’s defenders have employed a new gambit, demanding that the insurance companies open their accounting ledgers to prove whether the Scaffold Law is, in fact, responsible for the rate increases. Insurance executives have vowed to fight any demands to disclose proprietary information that might somehow undermine their competitive advantages.
State Assemblyman Francisco P. Moya, a Democrat who represents a heavily immigrant and Latino area of Queens, said he planned to submit a bill that would expand reporting requirements for insurance companies and help lawmakers assess whether the Scaffold Law needed to be changed.
“Show us how much the payouts are,” Mr. Moya said. “Once we see that, we’ll have a better understanding.”
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Ford Supporters Descend on Senate Offices of Grassley and Collins to Demand GOP #CancelKavanaugh
Ford Supporters Descend on Senate Offices of Grassley and Collins to Demand GOP #CancelKavanaugh
The Women's March, NARAL Pro-Choice America, and the Center for Popular Democracy all participated in the protest, where demonstrators chanted, "We believe Christine Ford! We believe Anita Hill!"...
The Women's March, NARAL Pro-Choice America, and the Center for Popular Democracy all participated in the protest, where demonstrators chanted, "We believe Christine Ford! We believe Anita Hill!" before proceeding to senators' offices.
Read the full artilce here.
New Report: Big Banks Require Tellers to Use Predatory Practices
Bill Moyers & Company - April 9, 2015, by Katie Rose Quandt - Front-line workers at our nation’s big banks — tellers, loan interviewers and customer service representatives — are required by...
Bill Moyers & Company - April 9, 2015, by Katie Rose Quandt - Front-line workers at our nation’s big banks — tellers, loan interviewers and customer service representatives — are required by their employers to exploit customers, according to a revealing report out today from the Center for Popular Democracy (CPD). Big banks have internal systems of penalties and rewards that entice employees to push subprime loans and credit cards on customers who would be better off without them.
CPD’s report outlines several illegal predatory practices big banks have been caught employing, usually via their front-line workers:
Blatantly discriminatory lending: In 2011 and 2012, Bank of America and Wells Fargo paid out settlements for charging higher rates and fees to tens of thousands of African American and Hispanic borrowers than to similarly qualified white customers. Minority customers were also more likely to be steered into (more expensive, riskier) subprime mortgages.
Manipulating payment processing to maximize overdraft charges: When a savings account balance drops too low, the bank charges a hefty overdraft fee on each subsequent purchase. Both Bank of America and US Bank paid settlements for intentionally processing customers’ largest debit card payments first, regardless of chronological order, in order to hit $0 faster and maximize overdraft fees. US Bank was also accused of allowing debit card purchases on zero-balance accounts to go through (and incur overdraft fees), instead of denying the charges upfront.
Forcing sale of unneeded products: Wells Fargo, JP Morgan Chase and Citigroup were accused of forcing customers to purchase overpriced property insurance.
Manipulative sales quotas: Lawsuits show Wells Fargo and Bank of America created incentive programs for employees with the interests of the company — not the customer — in mind. Wells Fargo’s sales quotas encouraged bank workers to steer prime-eligible customers to subprime loans, while falsifying other clients’ income information without their knowledge. Bank of America’s “Hustle” program rewarded quantity over quality, encouraging workers to skip processes and checks intended to protect the borrower.
Instead of cutting back on the risky, unethical practices that led to the Great Recession, the CPD report asserts that big banks have not learned from their mistakes. Bank workers report higher levels of sales pressure in 2013 than in 2008, and most do not have the job security or seniority to simply refuse to hawk credit cards or steer customers into risky financial situations. While the financial sector is turning near-record profits, the average bank teller made just $12.25 an hour in 2013 (a real-dollar decrease from 2007), causing 31 percent of tellers’ families to rely on public assistance. What’s more, 85 percent of these underpaid front-line bank employees are women, and one-third are people of color. Most are in no position to risk losing their job or having their pay docked for stepping out of line.
Several anonymous big bank employees went into detail about how their employers incentivize sales:
An HSBC employee reported that when workers fell short of sales goals, the difference was taken out of their paychecks.
A teller at a major bank said she is expected to sell three new checking, savings, or debit card accounts every day. If she falls short, she gets written up.
Customer service representatives at one major bank’s call-center said everyone is expected to make at least 40 percent of the sales of the top seller. Credit card sales count for extra, encouraging callers to push credit cards on customers who would be better served with checking or savings accounts.
A call-center worker said she offers a credit card to every customer, regardless of whether it would be beneficial. She explained: “If you aren’t offering, you can get marked down — the managers and Quality Analysts listen to your call, and can tell if you aren’t offering.”
“We’re not servicing their needs,” said one front-line worker. “What they want, what they need, isn’t important to us. Selling them a product is … Some of our customers just have their savings, many are just retirees.”
As the report concludes, “Our nation’s big banks are committed to a model that jeopardizes our communities and prevents bank employees from having a voice in their workplace.”
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Liberal groups push Clinton on Wall Street 'golden parachutes'
In a letter sent to Clinton, who is running for the Democratic presidential nomination, the groups pressed her to oppose “golden parachutes” given to bank executives when they agree to take high-...
In a letter sent to Clinton, who is running for the Democratic presidential nomination, the groups pressed her to oppose “golden parachutes” given to bank executives when they agree to take high-ranking government jobs. Such a payment structure is not uncommon on Wall Street, but critics of the practice say it encourages a “revolving door” in Washington and undue governmental influence by the financial sector.
The groups asked Clinton if she supported the practice, while noting that two of her main primary opponents — Sen. Bernie Sanders (I-Vt.) and former Maryland Gov. Martin O’Malley — have backed barring the practice.
"The revolving door between government and Wall Street helps the wealthiest few hijack our democracy for their own gain,” said Murshed Zaheed, deputy political director at Credo Action. “Americans cannot afford to have another administration from either party filled with Wall Street executives with multi-million dollar golden parachutes.”
Other groups signing on to the letter were Rootstrikers, Democracy for America, MoveOn.org Political Action, Center for Popular Democracy Action, The Other 98%, Friends of the Earth Action and American Family Voices.
The letter marks the latest in a series of pushes from the left to encourage Clinton to take a harsher stance on the financial sector. Whlie Sanders and O’Malley have hammered the financial sector as a key part of their campaign message, Clinton has taken a more measured tone.
Gripes about a heavy hand from finance in powerful government positions has become a particularly sore spot on the left of late. Sen. Elizabeth Warren (D-Mass.) helped derail President Obama’s nomination of Antonio Weiss, a top executive at Lazard, for a top Treasury post. Warren argued Lazard’s long history on Wall Street should disqualify him for the position, urging someone else to fill the role without such ties. Weiss eventually took a separate post at the Treasury in an advisory role, where he did not need to be Senate-confirmed.
The Clinton campaign did not immediately respond to a request for comment.
Source: The Hill
Chicago Group Pushing For $15 Minimum Wage
Huffington Post - May 28, 2014, by Joseph Erbentraut - A coalition of Chicago aldermen on Wednesday introduced an ordinance that would increase the minimum wage for many workers in the third-...
Huffington Post - May 28, 2014, by Joseph Erbentraut - A coalition of Chicago aldermen on Wednesday introduced an ordinance that would increase the minimum wage for many workers in the third-largest U.S. city to $15 an hour.
The ordinance calls for corporations with more than $50 million in annual sales to increase worker pay to at least $15 an hour with a year of the law's effective date. Smaller businesses would be allowed more than five years to raise pay. Twenty-one of the council's 50 members have signed on as cosponsors, Crain's Chicago Business reports.
The current minimum wage in Chicago is $8.25 an hour, a dollar more than the federal minimum wage.
Several aldermen joined low-wage workers at a press conference at City Hall on Wednesday, before the meeting where the ordinance was filed. Home care worker Darlene Pruitt, a 55-year-old mother of three and grandmother of 22, said she earns $10.65 an hour after five annual raises of a dime an hour working for the Help at Home agency. It's not enough, the West Side resident told The Huffington Post.
Pruitt said she has sometimes turned to a food pantry to make sure her family has enough to eat. "It's hard out there," Pruitt said. "The cost to live in Chicago and meet your basic needs -- rent, utilities, food, medication, clothes -- is high."
Pruitt said she is not afraid of retribution from her employer from speaking out because she is optimistic her efforts will help other workers like her who are in a similar position. If she earned more money, much of it would go right back into her community, she said.
The Center for Popular Democracy, in partnership with Raise Chicago, an advocacy group pushing for the higher wage, released a study Wednesday claiming the higher wage would decrease worker turnover and stimulate the local economy.
The study said the higher minimum wage would be responsible for $616 million in new economic activity and would help create 5,350 new jobs in its first phase. The higher wage also would add $45 million in sales tax revenues, but would raise consumer prices about 2 percent, according to the study.
Voters overwhelmingly backed the $15 minimum wage in a non-binding ballot question on about 5 percent of the city's ballots in the March primary election.
Business groups, however, have yet to be swayed.
Doug Whitley of the Illinois Chamber of Commerce told DNAinfo Chicago the proposed ordinance is "a ridiculously excessive reach on the part of a local government to try to instruct private-sector employers how to manage their businesses." The chamber said in a previous statement with other business groups that employers "cannot afford another minimum-wage increase" of any amount.
Mayor Rahm Emanuel has announced his support of a higher minimum wage, but for less than $15 an hour. Emanuel last week trumpeted the creation of a minimum wage "working group" tasked with creating a plan for increasing worker wages in the city and previously said he backed President Barack Obama's push for a $10.10 federal minimum wage.
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US lawmaker welcomes plan to aid Caribbean immigrants
Guardian - July 22, 2013 - Caribbean American Congresswoman Yvette D Clarke has welcomed a plan by New York City (NYC) to aid undocumented Caribbean immigrants. NYC officials say the city will...
Guardian - July 22, 2013 - Caribbean American Congresswoman Yvette D Clarke has welcomed a plan by New York City (NYC) to aid undocumented Caribbean immigrants. NYC officials say the city will spend US$18 million to help undocumented Caribbean and other immigrants find jobs. City council speaker Christine Quinn, a mayoral candidate, said the money will fund adult education classes and legal services that the US federal government requires immigrants to take to qualify for the Deferred Action for Childhood Arrivals programme.
The New York Immigrant Family Unity Project will provide free legal services to immigrants threatened with deportation who are unable to represent themselves in proceedings. “New York has always been a city of immigrants within a nation of immigrants,” said Clarke, the daughter of Jamaican immigrants, who represents the 9th Congressional District in Brooklyn.
“Under this programme, thousands of immigrants in Brooklyn and other parts of the city will finally have an opportunity to challenge the deportation proceedings that separate families and weaken communities,” she said.
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Juan González On De Blasio's NY: The Mayor Has Not Confronted The Affordable Housing Crisis
Juan González On De Blasio's NY: The Mayor Has Not Confronted The Affordable Housing Crisis
For nearly 30 years, Juan González used his column in the New York Daily News to expose massive corruption scandals and further the cause of social justice. He retired his column last year, but...
For nearly 30 years, Juan González used his column in the New York Daily News to expose massive corruption scandals and further the cause of social justice. He retired his column last year, but has continued his work at Democracy Now! and as a journalism professor at Rutgers. In his new book, Reclaiming Gotham: Bill de Blasio and the Movement to End America's Tale of Two Cities, González argues that Mayor de Blasio, who is likely to win a second term, is the leader of a nationwide movement for progressives to take back municipal government, and recently wrote that de Blasio has presided over a $21 billion infusion of progressive benefitstargeted at the New Yorkers who need it most.
We spoke with González about Mayor de Blasio's first term, how he fits into the progressive movement nationwide, and whether the mayor is doing enough to fulfill his initial campaign promise to end the tale of two cities.
Read the full article here.
Labor Unions Will Be Smaller After Supreme Court Decision, but Maybe Not Weaker
Labor Unions Will Be Smaller After Supreme Court Decision, but Maybe Not Weaker
With the Supreme Court striking down laws that require government workers to pay union fees, one thing is clear: Most public-sector unions in more than 20 states with such laws are going to get...
With the Supreme Court striking down laws that require government workers to pay union fees, one thing is clear: Most public-sector unions in more than 20 states with such laws are going to get smaller and poorer in the coming years. Though it is difficult to predict with precision, experts and union officials say they could lose 10 percent to one-third of their members, or more, in the states affected, as conservative groups seek to persuade workers to drop out. Read the full article here.
In Service Sector, No Rest for the Working
New York Times - February 21, 2015, by Steven Greenhouse - On the nights when she has just...
New York Times - February 21, 2015, by Steven Greenhouse - On the nights when she has just seven hours between shifts at a Taco Bell in Tampa, Fla., Shetara Brown drops off her three young children with her mother. After work, she catches a bus to her apartment, takes a shower to wash off the grease and sleeps three and a half hours before getting back on the bus to return to her job.
At Hudson County Community College in Jersey City, Ramsey Montanez struggles to stay alert on the mornings that he returns to his security guard station at 7 a.m., after wrapping up a 16-hour double shift at 11 p.m. the night before.
And on many Friday nights, Jeremy Little waits tables at a Perkins Restaurant & Bakery near Minneapolis and doesn’t climb into bed until 3 a.m. He returns by 10 a.m. for the breakfast rush, and sometimes feels so weary that he forgets to take rolls to some tables or to tell the chef whether customers wanted their steak medium rare.
“It makes me feel really tired,” Mr. Little said. “My body just aches.”
Employees are literally losing sleep as restaurants, retailers and many other businesses shrink the intervals between shifts and rely on smaller, leaner staffs to shave costs. These scheduling practices can take a toll on employees who have to squeeze commuting, family duties and sleep into fewer hours between shifts. The growing practice of the same workers closing the doors at night and returning to open them in the morning even has its own name: “clopening.”
“It’s very difficult for people to work these schedules, especially if they have other responsibilities,” said Susan J. Lambert, an expert on work-life issues and a professor of organizational theory at the University of Chicago. “This particular form of scheduling — not enough rest time between shifts — is particularly harmful.”
The United States decades ago moved away from the standard 9-to-5 job as the manufacturing economy gave way to one dominated by the service sector. And as businesses strive to serve consumers better by staying open late or round the clock, they are demanding more flexibility from employees in scheduling their hours, often assigning them to ever-changing shifts.
Workers and labor advocates are increasingly protesting these scheduling practices, which often include giving workers as little as two days’ advance notice for their weekly work schedule. These concerns have gained traction and translated into legislative proposals in several states, with proponents enviously pointing to the standard adopted for workers in the 28-nation European Union. It establishes “a minimum daily rest period of 11 consecutive hours per 24-hour period.”
Britain, Germany and several other countries interpret that to require that workers be given at least 11 hours between shifts, although waivers are permitted. “If a retail shop closes at midnight, the night-shift employees are not allowed to start before 11 o’clock the next morning,” said Gerhard Bosch, a sociology professor and expert on labor practices at the University of Duisburg-Essen in Germany.
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In the United States, no such national or state labor law or regulation governs the intervals between shifts, except for some particular jobs like airline pilots, although some unions have negotiated a minimum time for workers to be off, sometimes eight, 10 or 12 hours.
But at the state level this year, bills have been introduced in Maryland and Massachusetts and will be introduced in Minnesota on Monday, each of them calling on employers to give workers at least 11 hours between shifts and three weeks’ advance notice for schedules. Those proposals would require businesses to pay some time and a half whenever employees are called in before 11 hours have passed between shifts.
Paul Thissen, the Democratic leader of the Minnesota House of Representatives, supports the legislation. “When it comes to scheduling, the playing field is tilted very dramatically in favor of the employer,” Mr. Thissen said. “What we’re proposing is just trying to rebalance the playing field.”
Anthony Newby, executive director at Neighborhoods Organizing for Change, a Minneapolis-based group that advocates for worker rights, among other issues, said that clopenings have become a big issue in his region. “Clopenings are hurting many of our members; many are in the restaurant field and some in construction and nursing,” he said. “We worry it has an effect on safety — workers feel they’re on autopilot. It also has a big impact on families, on mothers trying to manage a family and arrange child care.”
Ms. Brown, who works as a cashier at Taco Bell, said her children — ages 5, 4 and 2 — don’t like it when she has just seven hours between shifts. That usually means they hardly see her for two nights in a row; they sleep at their grandmother’s both nights. On the second night, after just three and a half hours’ sleep the previous day, Ms. Brown says she stops by her mother’s for an hour or two to see her children, and then heads home to sleep.
“My kids say, ‘Mommy, I miss you,’ ” she said. “I get so tired it’s hard to function. I feel so exhausted. I don’t want my kids suffering not seeing me. I try to push to go see them.”
Although Ms. Brown dislikes clopenings, she doesn’t turn them down because she needs as many hours as she can get. She makes $8.10 an hour and works about 25 hours a week.
Brandon Wagner, who works for a Zara apparel store in Manhattan, often works from 1 p.m. until 10:30 p.m. or 11 p.m., getting back to his apartment in Brooklyn around midnight. He often must be back at work at 8 the next morning, and as a result he sleeps just five hours.
“When you question this, they give a shrug of the shoulder,” Mr. Wagner said. “They say, ‘Everybody does this. You have to put up with it or go somewhere else.’ ”
Last summer, Starbucks announced that it would curb clopenings on the same day that The New York Times published an article profiling a barista, Jannette Navarro, mother of a 4-year-old, who worked a scheduled shift that ended at 11 p.m. and began a new shift at 4 a.m.
Continue reading the main story
Continue reading the main story
At the time, Cliff Burrows, Starbucks’s group president for the United States, said: “Partners should never be required to work an opening and a closing shift back-to-back. District managers must help store managers problem-solve issues specific to individual stores to make this happen.” (“Partners” is the term Starbucks uses for its employees.)
Neil Trautwein, a vice president with the National Retail Federation, acknowledged that some instances of scheduling were egregious, but he pointed to Starbucks’s voluntary response to argue that states should not enact any laws to address the issue.
“Advocates have it wrong to think you can legislate and just outlaw the process,” Mr. Trautwein said. “The market adjusts to the needs of workers.” He added that what Starbucks did “demonstrates that businesses listen to their employees and adjust.” (In response to complaints about schedules changing week to week, Walmart said on Thursday that it would give workers more predictable schedules.)
But several people who identified themselves as Starbucks employees complained on a Facebook private group page that they still were scheduled for clopenings, despite the company’s pronouncement. One worker in Texas wrote on Jan. 30, “I work every other Sunday as a closer, which is at 10:30 or really 11-ish, then scheduled at 6 a.m. the next morning.” Another worker in Southern California wrote, “As a matter of fact I clopen this weekend.”
Laurel Harper, a Starbucks spokeswoman, questioned the authenticity of the Facebook posts. She said company officials had held conversations nationwide “to make sure we are giving our partners the hours they want” and to prevent clopenings.
Some managers say there are workers who don’t mind clopenings — like students who have classes Monday through Friday and want to cram in a lot of weekend work hours to maximize their pay.
Tightly scheduled shifts seem to have become more common for a number of reasons. Many fast-food restaurants and other service businesses have high employee turnover, and as a result they are often left with only a few trusted workers who have the authority and experience to close at night and open in the morning. Professor Lambert said no studies had been done on the prevalence of clopenings nationwide.
Carrie Gleason, director of the fair workweek initiative at the Center for Popular Democracy, a liberal advocacy group, said one reason for the increasing prevalence of clopenings was that many companies had shifted scheduling responsibilities away from managers and to sophisticated software that she said was not programmed to prevent such short windows between shifts.
But David Ossip, chief executive of Ceridian, a human resources and payroll company, said that when his company provided scheduling software to companies, it generally recommended programming a mandated rest period. The software would then warn managers when an added shift violated that rest period.
“You would make sure you have a minimum rest period between shifts,” he said. “We would set up fairness results that call for regular working hours — not one day work at night, the next day work in the morning.” He added, “You have to be home for eight, 10 or 12 hours.”
Andy Iversen, a stocker at Linden Hills Co-op in Minneapolis, said the grocery store’s managers used to schedule him two or three times a week to work until 9 p.m., and then be back at 5 a.m.
“I was beyond exhausted,” he said, noting that he was getting to bed at midnight and waking around 3:45 a.m. At the time, he was pursuing a master’s degree and taking a course in neuroscience. “I couldn’t concentrate because I was so tired,” he said. “I had to drop out of class.”
Mr. Iversen praised his store’s managers for no longer giving him clopenings. Marshall Wright, the store’s produce manager, said, “We think it’s the right thing to do. We don’t feel people should work shifts like that.”
Mr. Iversen couldn’t agree more: “It doesn’t take that much empathy or reasoning to see that clopenings stink, and people don’t want to do it.”
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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.
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