The Criminalized Majority
The Criminalized Majority
“Everyone should go to jail, say, once every ten years,” opined novelist and poet Jesse Ball in a recent LA Times article. It may seem like Swiftian satire, but Ball’s proposal is earnest....
“Everyone should go to jail, say, once every ten years,” opined novelist and poet Jesse Ball in a recent LA Times article. It may seem like Swiftian satire, but Ball’s proposal is earnest. Addressed “to a nation of jailers,” he argues that a brief but regular stint in jail would serve as the necessary correction to make such institutions more livable–and perhaps less common. “Just think,” he writes, “if everyone in the United States were to become, within a 10-year period, familiar with what it is like to be incarcerated, is there any question that the quality of our prisons would improve?”
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Charter Schools Had Tough Week
Times Online - October 5, 2014, by The Times Editorial Board - It’s been a tough week for supporters of the charter school movement in Pennsylvania.
On Tuesday, PA...
Times Online - October 5, 2014, by The Times Editorial Board - It’s been a tough week for supporters of the charter school movement in Pennsylvania.
On Tuesday, PA Cyber School founder Nick Trombetta and his attorney were back in a federal courtroom trying to have evidence suppressed in his upcoming criminal trial on charges of mail fraud, theft, tax conspiracy and filing false tax returns. Trombetta is accused of siphoning off millions of taxpayer dollars for his own gain.
On Wednesday, a new report was released citing Trombetta as an example of $30 million in fraud and financial mismanagement among the state’s charter schools since 1997.
The report was done by three organizations — the Center for Popular Democracy, Integrity in Education and Action United. It follows a national report in May by the first two groups that claimed $136 million has been lost to waste, fraud and abuse by charter schools.
While the numbers are alarming, we know that all charter schools are not part of the problem. Still, it only takes a few incidents — such as the case against Trombetta — to give the entire movement a black eye.
What we will say is that state’s charter school law is badly in need of revision, particularly in the area of accountability. State legislators need to step in now and address the problems if charter schools are to remain part of the state’s education program.
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Local leaders ask Obama to pardon criminal immigrants before Trump takes office
Local leaders ask Obama to pardon criminal immigrants before Trump takes office
Two San Diego elected officials have joined colleagues across the country calling for President Barack Obama to issue a blanket pardon of immigrants with green cards who have committed minor...
Two San Diego elected officials have joined colleagues across the country calling for President Barack Obama to issue a blanket pardon of immigrants with green cards who have committed minor crimes.
San Diego Councilman David Alvarez and San Diego Unified School District Board President Richard Barrera, along with 57 others, signed a letter organized by Local Progress, a network of progressive municipal elected officials, that was sent to Obama this week.
The group wants to undercut President-elect Donald Trump’s ability to deport individuals who, without their minor criminal histories, would not be deportable. Between 100,000 and 200,000 families could be affected by such a pardon, according to the letter.
“From literally the day after the election, we started hearing concerns from teachers that students were worried and were afraid that they were going to be deported, that their parents were going to be deported, just based on the rhetoric from the campaign,” Barrera said by telephone. “What we’re trying to do is look for every avenue that’s available to us as elected officials to protect our young people and their families.”
The letter suggests that it would be within Obama’s power to make such a blanket pardon because of former President Jimmy Carter’s pardon of draft evaders in 1977 on his first day in office.
“We must protect the legal permanent residents of our city,” Alvarez said via email. “President-elect Trump proposed a deportation plan modeled after Operation Wetback from the 1950s. Dividing families by recklessly deporting hundreds of thousands of legal permanent residents would be morally wrong and economically destructive.”
Since 2014, the Obama administration has not prioritized minor convictions for immigration enforcement, as a matter of policy not any change in law. By law, green card holders can be deported for committing offenses that would not incur jail time in today’s criminal court system, like low-level drug offenses.
Trump campaigned on the idea of deporting millions of unauthorized immigrants, particularly criminals. His transition team has yet to set forth details about which immigrants and which criminals.
By Kate Morrissey
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Turmoil Among Progressive, Latino Groups After Julian Castro Attacked
Turmoil Among Progressive, Latino Groups After Julian Castro Attacked
Why Are Progressive Groups Slamming Julián Castro?
Castro,Julian-Clinton,HillaryTexas Insider Report: WASHINGTON, D.C. – In the middle of April, POLITICO reported that several progressive...
Why Are Progressive Groups Slamming Julián Castro?
Castro,Julian-Clinton,HillaryTexas Insider Report: WASHINGTON, D.C. – In the middle of April, POLITICO reported that several progressive groups have targeted HUD Secretary Julián Castro, questioning his vice presidential qualifications if Hillary Clinton were to win the Democratic presidential nomination. The fight between a new-school Latino group and some old-school Latino groups erupted into chatter that kept getting stronger, so much so that Castro had to address it with NBC News.
The new-school latinos campaign led to dissension among Latino organizations. Others have weighed in on the story, claiming that Castro being Latino is just irrelevant. In the midst of all this hubbub, one thing became clear — none of those old-guard Latino groups countered on the merits of the attack against Castro. Apparently, he is untouchable, regardless what he does.
Joe Velasquez, a former deputy political director in the Clinton Administration, submitted his resignation letter from the board of American Family Voices (AFV), which was part of the coalition of groups that hit Castro for a HUD policy the groups argue is too friendly to financial institutions looking to buy distressed homes.
berniesanders-hillaryclintonAnd, the Sanders campaign denied having any part in the effort to discredit Castro.
Progressive groups target Julián Castro
They say the record of the HUD secretary makes him unsuitable to be Clinton’s VP.
By Edward-Isaac Dovere
The 41-year-old Julian Castro is seen by many as the perfect balance to Hillary Clinton. But the veepstakes oppo war has begun.
With Bernie Sanders’ durability exciting progressives at their potential to shape the Democratic race, a coalition of groups — many of them backers of the Vermont senator — are launching a preemptive strike against Housing and Urban Development Secretary Julián Castro, aimed at disqualifying him from consideration to be Hillary Clinton’s running mate.
Tuesday morning, the group emailed petitions to several million people attacking Castro on the relatively obscure issue of his handling of mortgage sales and launching a website with an unsubtle address: DontSellOurHomesToWallStreet.org.
They’re just as open with their political aims: to publicly discredit Castro as a progressive, latching onto the mortgage issue to seed enough suspicion to keep him off Clinton’s shortlist.
“It’s a situation where the Clinton campaign wants Castro to be a major asset to her chances of winning the White House, and unless he changes his position related to foreclosures and loans, he’ll be a toxic asset to the Clinton campaign,” said Matt Nelson, the managing director for Presente.org, the nation’s largest Latino organizing group that focuses on social justice.
“All year, we’ve seen the candidates tripping over themselves to show how tough they’ll be on Wall Street,” said Kurt Walters, the campaign manager for Root Strikers, a 501(c4) group of Demand Progress and its 2 million affiliated activists, who is planning to deliver the petitions to Castro’s office when they’re ready. “Then to turn around and take a step backwards on that exact question, and Castro, Julian3hput someone who has been doing the exact opposite — I think it would be tough for a lot of people who care about Wall Street accountability to get excited about that pick.”
By the coalition’s calculations, HUD under Castro has sold 98 percent of the long-delinquent mortgages it acquired through a program aimed at preventing foreclosures to Wall Street banks under Castro’s watch, without anywhere near the number of needed strings attached. (HUD says that figure is way off.) And Nelson and Walters say that for a politician who’s aiming to be considered the vice presidential prospect for both progressives and minorities, Castro has done too much to help private equity firms like Blackstone, instead of black and Latino communities.
“If Secretary Castro fails to create significant momentum in terms of stopping the sale of mortgages to Wall Street, then I do think it disqualifies him. But there’s time left on the clock,” said Jonathan Westin, the director of New York Communities for Change, which was formed out of the remains of the community activist group ACORN. “I think a lot of the progressive movement would not be in support of a Castro ticket if he fails to make traction here.”
The 41-year-old Castro is seen by many as the perfect balance to Clinton — younger and Latino, with a history as mayor of San Antonio and now two years in the Obama administration, handsome and with a 2012 convention keynote speech that immediately made him a rising star to watch in the party. And people close to him say he’s a proven progressive across the board.
“Castro has a strong record at HUD fighting on behalf of progressive issues including protecting those with criminal records, standing up for LGBT rights and advocating for more inclusive communities through affirmatively furthering fair housing,” said one person close to the secretary.
But Maurice Weeks, an Atlanta-based organizer who works on housing justice in communities of color for the Center for Popular Democracy/CPD Action, said that Castro’s lack of action at HUD is breeding more gentrification and suffering in a way that should make blacks and Latinos pay attention.
“What I wouldn’t be excited about is any candidate, not just Julián, who is looking to further some of these practices,” Weeks said.
At issue is the Distressed Asset Stabilization Program, started in 2010 to allow mortgages going toward foreclosure to be sold to what HUD calls “qualified bidders and encourages them to work with borrowers to help bring the loan out of default.”
The progressives attacking Castro say they believe the mortgages should be sold instead to nonprofits and other institutions that would care more about the communities involved. What Castro’s done, they say, has essentially amounted to a fire sale for Wall Street firms.
Castro,Julian3hRep. Raúl Grijalva (D-Ariz.), co-chairman of the Congressional Progressive Caucus and one of Sanders’ few endorsers in Congress, complained about the program to Castro last week in a letter obtained by Politico.
“Your own Distressed Asset Stabilization Program, which was designed to help right the wrongs of the meltdown years, has been selling homes that once belonged to the families I’ve spoken with at rock-bottom prices to the Wall Street entities that created this situation in the first place,” Grijalva wrote.
HUD says that Castro has continued to meet with advocates, in the hopes of improving the policy, and points to several changes that have been made — including those that have increased the number of mortgages sold to nonprofits. An official pointed to changes made a year ago that, among other things, now require servicers buying loans to delay foreclosure for a year.
“Providing an option for homeowners to remain in their homes is one of the reasons the DASP program was created” said a HUD spokesperson. “We’ve received feedback from stakeholders which has led us to make a number of important changes to the program including the creation of nonprofit-only pools and delaying foreclosure for a year. Additionally, we are still evaluating further enhancements to the program to meet our core mission.”
But that’s not enough for the groups joining the coalition to attack Castro. Those include the Alliance of Californians for Community Empowerment (ACCE) Action, American Family Voices, Color of Change, Courage Campaign, CPD Action, Daily Kos, MoveOn, New York Communities for Change, Other 98%, Presente, RootsAction, Rootstrikers and the Working Families Party.
With the exception of the Working Families Party, which is backing Sanders, the groups have not formally endorsed a candidate in the presidential primaries.
Most conversations about Clinton’s prospective pick center on Castro and Sen. Tim Kaine (D-Va.), and the secretary’s ambitions to be the vice presidential nominee are well known.
But among progressives, so are the suspicions about his bona fides. The red banner across the website proclaiming “TELL HUD SECRETARY JULIAN CASTRO: STOP SELLING OUR NEIGHBORHOODS TO WALL STREET!” amounts to the opening salvo in doing something about it.
“There’s a lot of hope around him,” said Brandi Collins, campaign director for the 1.2-million member Color of Change, who said she was one of the people excited by the possibilities opened up by his keynote speech.
Collins said this complaint about Castro’s leadership is reflective of a whole range of issues her organization has had with what members say is the secretary’s closeness to Wall Street and lack of attention to black and brown communities.
“If he’s not showing up for our communities while the cameras aren’t there, we don’t know that he’ll show up when he’s on his way to the White House,” Collins said.
According to Julia Gordon, formerly at the Center for American Progress and currently an executive vice president at the National Community Stabilization Trust, the coalition may have a point — if only because it is taking advantage of opaque accounting at HUD. Gordon said she’s met often with HUD about these issues but hasn’t seen the kind of progress she’d like or evidence that the program matches the claims that officials make.
“We know it’s been good for investors. According to HUD, it’s been good for the fund, although the level of detail that they release to account for it is minimal. We really don’t know how good it’s been for the homeowners, and that’s where this wave of protests is coming from,” Gordon said.
Laurie Goodman, the director of the Housing Finance Policy Center at the Urban Institute, said that the people who are attacking Castro for selling the loans to Wall Street are misinterpreting the pragmatic realities about what’s in play.
The mortgages in question tend to be delinquent for over two years, she said, and getting them out of HUD with its limited resources and tools to deal with them is a positive step for homeowners. Only big banks can take on mortgages like that, she argued, making the nonprofit issue moot.
“The only way to help these borrowers is to sell the loans. You don’t have any other buyers big enough in size,” she said. “Even if you wanted to do something different, you couldn’t.”
Within that, though, Goodman credited HUD under Castro for making “some really big improvements.”
Not nearly enough, according to Gordon.
“Both HUD and [the Federal Housing Finance Agency] have let down communities by not focusing on what they want the buyer to do with these,” Gordon said, arguing that they’ve been focused instead on offloading the debt. “They’re just like, ‘Get it away from me.’”
The idea that Castro would be the first Latino on a national ticket means something, Nelson said, though he argued that this only adds to the burden for the secretary to show leadership on the mortgage issue in the way progressives want at this moment of added attention to their concerns.
Nelson said that at Presente, they think of it like a parable — it doesn’t make it any better to be hurt if the hurt is coming from one of their own.
There are two trees in a forest, Nelson said, and they see an ax coming to chop them down. “Don’t worry,” says one tree to the other, “the handle’s one of us.”
“Basically,” Nelson said, “we’re fighting to make sure Castro isn’t the handle.”
By Edward-Isaac Dovere
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Nan Goldin, Activists Bring Sackler Protest to Harvard Art Museums
Nan Goldin, Activists Bring Sackler Protest to Harvard Art Museums
“Protestors threw pill bottles on the floor of the atrium, handed out pamphlets, and held banners and posters with phrases like “MEDICAL STUDENTS AGAINST THE SACKLERS,” and “HARM REDUCTION NOW/...
“Protestors threw pill bottles on the floor of the atrium, handed out pamphlets, and held banners and posters with phrases like “MEDICAL STUDENTS AGAINST THE SACKLERS,” and “HARM REDUCTION NOW/TREATMENT NOW.” A number of speakers gave speeches about the Sacklers and the opioid crisis in the atrium, including Jennifer Flynn Walker of the Center for Popular Democracy and Goldin, who began organizing against Purdue and the Sacklers, who are major donors to cultural institutions throughout the United States and Europe, following treatment for opioid addiction last year. She said she became addicted after being prescribed OxyContin in 2014 following wrist surgery.
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One ex-banker's built-in advantage in the Fed chair race: Family ties to Trump
One ex-banker's built-in advantage in the Fed chair race: Family ties to Trump
With Gary Cohn’s chances of becoming chairman of the Federal Reserve diminished, another former banker is waiting in the wings for the coveted post: Kevin Warsh.
A veteran of both the...
With Gary Cohn’s chances of becoming chairman of the Federal Reserve diminished, another former banker is waiting in the wings for the coveted post: Kevin Warsh.
A veteran of both the central bank and Wall Street, Warsh is already high on the White House’s list of possible successors to Fed Chair Janet Yellen. But he has an enviable reference: his billionaire father-in-law, who met Donald Trump in college and is a confidant to this day.
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Is 'Audit the Fed' going mainstream?
Is 'Audit the Fed' going mainstream?
Auditing the Federal Reserve, a financial reform long pushed by the libertarian right, just got a boost this week from an unexpected quarter: A respected Dartmouth economist who issued a new...
Auditing the Federal Reserve, a financial reform long pushed by the libertarian right, just got a boost this week from an unexpected quarter: A respected Dartmouth economist who issued a new proposal to impose transparency and oversight on the nation’s powerful central bank.
Though largely dismissed by mainstream economists, “Audit the Fed” has become an applause line for central banking skeptics like Sen. Rand Paul, who believe the Federal Reserve wields too much power too secretly. In recent years the idea has spread from right-wing politicians to the conservative mainstream, and even critics on the left: A Senate vote on Paul’s “Audit the Fed” legislation in January garnered 53 votes. Sen. Bernie Sanders (I-Vt.) voted for that bill and has pushed for increased transparency at the Fed to the delight of campaign crowds suspicious that the central bank is rigged in favor of Wall Street.
This week, the Fed Up campaign, a 30-month-old group of labor and community organizations pushing for more openness at the Fed, released its own platform for reforming the Fed’s governance structure, including a new idea for an audit—or "annual review"—that could give the idea more mainstream credibility.
The author is Andrew Levin, an economist now at Dartmouth College who has decades of experience at the Fed and a reputation as a thoughtful observer of the institution. While most financial insiders have long dismissed “Audit the Fed” as an unserious political slogan from people unversed in economics, Levin’s proposal has provoked a more serious reckoning with Fed transparency. And increasingly, economists are coming to the same conclusion: More sunlight might do the central bank some good.
“The Fed is overly sensitive about reviewing its policies,” said Joseph Gagnon, a senior fellow at the Peterson Institute for International Economics who has worked at the Fed off-and-on for the past 30 years.
At issue is whether decisions made by the top officials of the Fed should be open to review by the Government Accountability Office (GAO). Technically speaking, the Fed is already audited – it’s subject to the same GAO scrutiny of its operations as any other federal agency. But its most influential decisions, deliberations on monetary policy that attract global attention and can move stock markets dramatically, are conducted in secret by a dozen top Fed officials. Seven of them, known as Fed governors and based in Washington, are nominated by the president and confirmed by the Senate. The remaining five spots are reserved for the presidents of the 12 regional Fed banks on a rotating basis. Collectively known as the Federal Open Market Committee (FOMC), the group generally meets eight times a year, with minutes released three weeks afterwards. Transcripts of those meetings are released on a five-year lag, effectively sealing its deliberations in the short-term.
Because banks ultimately own the regional Fed banks, and have a say in nominating many of their directors, critics say this structure leaves the door open for favoritism to Wall Street, and needs outside scrutiny to ensure it properly balances its dual mandate of stable inflation and full employment. Supporters say the Fed's relative independence is a virtue, and worry its monetary decisions would be worse in the long run if its officials constantly felt Congress breathing down their necks.
The more traditional right-wing “Audit the Fed” legislation would call for a GAO audit of the Fed within 12 months of passage, and thereafter enable any lawmaker or congressional committee to request an audit of the central bank, including the FOMC’s monetary policy decisions, whenever they wanted.
In his new plan, Levin proposes something slightly different: it would require the GAO to conduct a review of all aspects of the Fed, including monetary policy, but make the review annual and determined by GAO staff rather than Congress. “[Paul’s legislation] just seemed like a way to threaten the Fed,” said Levin.
His proposal would also call for seven-year term limits for Fed officials and reform the process that the regional Fed bank presidents are selected. Though he recoiled against terming the GAO review an “audit,” his proposal would give the GAO new powers to examine different aspects of the Fed, as it does with other agencies in the federal government. Instead of called by Congress, it would be annual and determined by agency staff. “From one year to the next, it might focus on some aspects of the Fed's operations. One year, maybe it would focus on monetary policy strategy and communications,” Levin said. “Another year, maybe it wouldn't spend much time on that.” The results would be publicly available.
Narayana Kocherlakota, the former president of the Minneapolis Federal Reserve, expressed support for the idea of regularly scheduled GAO audits of the Fed’s monetary policy. He didn't take a position on earlier audit proposals, but echoed Levin’s concern that allowing lawmakers to request a GAO audit “would be very bad and would lead us down a bad path where essentially Congress was running monetary policy.”
The Federal Reserve declined to comment on Levin’s plan. But Fed Chair Janet Yellen and other Fed officials have aggressively attacked prior proposals to increase oversight over the FOMC’s deliberations. In January, before the Senate voted on Paul’s legislation, Yellen sent a letter to Majority Leader Mitch McConnell and Minority Leader Harry Reid opposing the bill. “These reviews could only serve to create public doubt about the conduct and independence of monetary policy,” she wrote.
“All of that criticism does apply to my proposal,” Levin said after reading those lines from Yellen’s letter. But he argued that such oversight is necessary in a democracy. He added, “After all, the Congress is the Fed’s boss.”
Levin enters this debate with considerable experience. He spent two decades as an economist for the Fed and then was a special adviser to then-Chairman Ben Bernanke and then-Vice Chair Yellen from 2010 to 2012. He also advised many other central banks, including the European Central Bank, the Bank of Canada and the Bank of Japan. Those policy bona fides mean he’s being taken seriously even by people who have dismissed previous “Audit the Fed” proposals.
“Levin knows a lot about the internal workings [of the Fed] that I don’t,” said Jared Bernstein, the former top economist to Vice President Joe Biden and a frequent critic of “Audit the Fed” proposals. “He’s not coming at this from the perspective of some radical protester.”
The underlying question is whether an annual review by GAO—not one triggered by individual lawmakers or committees—will cause the Fed to be influenced by politics in its monetary policy decisions. To some extent, that already happens. The Fed, like every institution, faces criticism from an array of politicians, outside economists, and pundits. “Independence is not as black and white as many people make it seem,” said Kocherlakota.
Finding the right balance between giving the Fed room to make independent policy and holding it accountable is a constant challenge—one that extends beyond “Audit the Fed" proposals. Sanders, for instance, has proposed that FOMC transcripts be released within six months, instead of the current five years.
Few serious Fed watchers, however, have spent much time developing detailed ideas for increased Fed transparency. “I felt like there was a vacuum in the discourse,” Levin explained.
Levin’s reforms are unlikely to become law anytime soon: Lobbying efforts around such a change would be fierce, and groups like the Fed Up campaign are likely to be heavily out-spent by Wall Street banks skeptical of changes intended to reduce their influence over Fed decisions. The Federal Reserve would likely oppose the reforms as well.
By DANNY VINIK
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Anti-Trump Activists Find an Unlikely Weapon: Jamie Dimon's Salary
Anti-Trump Activists Find an Unlikely Weapon: Jamie Dimon's Salary
In the end, nearly 93% of JPMorgan Chase (JPM) shareholders approved of boosting CEO Jamie Dimon's pay to $28 million last year, an increase of 3.7%.
Among those who demurred, a common...
In the end, nearly 93% of JPMorgan Chase (JPM) shareholders approved of boosting CEO Jamie Dimon's pay to $28 million last year, an increase of 3.7%.
Among those who demurred, a common reason cited at the Wall Street bank's annual meeting in Wilmington, Del., on Tuesday was President Donald Trump, who won the electoral college decisively but lost the popular vote and has ignited criticism with an attempted Muslim travel ban and a pledge to build a wall on the Mexican border.
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In New York, a Bill to Grant Undocumented Immigrants State Citizenship
Bloomberg Businessweek - June 16, 2014, by Josh Eidelson - While Congress drags its feet on immigration reform, New York State lawmakers are mulling an immigration bill of their own: It would...
Bloomberg Businessweek - June 16, 2014, by Josh Eidelson - While Congress drags its feet on immigration reform, New York State lawmakers are mulling an immigration bill of their own: It would grant state citizenship to some noncitizen immigrants, including undocumented residents, allowing them to vote and run for office. Under the New York Is Home Act, noncitizen residents who have proof of identity and have lived and paid taxes in the state for three years could apply for legal status that would let some qualify for Medicaid coverage, professional licensing, tuition assistance, and driver’s licenses, as well as state and local—but not federal—voting rights. The responsibilities of citizenship would also apply, including jury duty.
“It’s mind-boggling,” says Michael Olivas, a professor at the University of Houston Law Center who specializes in immigration law. “I don’t believe there’s ever been a serious attempt to codify so many benefits and opportunities.”
Democratic State Senator Gustavo Rivera, who’s sponsoring the legislation, sees it as a precedent. “We have a bill here that could be a model of what we need to do across the country,” he says. Rivera acknowledges the bill “certainly will not pass this session,” comparing it to same-sex marriage, a cause which took years to travel from fringe to mainstream. But he expressed hope that the primary defeat of Republican House Majority Leader Eric Cantor of Virginia, widely construed as a final nail in the coffin of near-term federal immigration reform, would create interest in state-level reforms like his. Democratic Assemblyman Karim Camara is introducing the same bill on the other side of the Capitol. Governor Andrew Cuomo’s office did not immediately respond to a request for comment.
If it did pass and Cuomo signed it—again, not at all likely—the new law would certainly be challenged in court. Olivas says some aspects of the bill are on safe ground (in-state tuition for undocumented students has become widespread), while others involve “unsettled or untested” areas of the law. Olivas says that by “appropriating the term ‘citizen,’” a word he says “is really truly a federal term,” the bill’s authors have made it more vulnerable to legal challenge.
The state law wouldn’t trump federal immigration statutes, so undocumented workers in New York would still be denied some important benefits of citizenship. One big example: They’d be subject to federal laws barring them from legally working in the U.S.
Supporters insist the bill, unlike Arizona’s largely overturned SB 1070, is well within the law. “The problem with the Arizona law and the copycat laws around the country is that they were intruding upon the unique province of the federal government to determine who gets to enter the United States and who gets deported,” says Peter Markowitz, a professor at New York’s Benjamin N. Cardozo School of Law. He says the bill, which he helped draft, is instead “exercising a firmly established, constitutionally enshrined authority of the state to determine the boundaries of its own political community” and is consistent with Supreme Court precedents that recognize “state citizenship” as well as “federal citizenship.”
“The very nature of our dual-sovereign federal structure,” says Markowitz, “means that New York gets to decide who are New Yorkers.”
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In $15's Wake, Fair Scheduling Gains Momentum
In $15's Wake, Fair Scheduling Gains Momentum
Worker movements have had tremendous success in blue cities and states in securing higher minimum wages and access to paid sick leave. Now those wins are blazing a trail for another critical...
Worker movements have had tremendous success in blue cities and states in securing higher minimum wages and access to paid sick leave. Now those wins are blazing a trail for another critical policy for low-wage workers: the right to a fair workweek. After enacting a $15 minimum wage and paid sick leave in recent years, two cities are now leading the way on granting workers the right to a sane and predictable schedule.
Last week, New York City Mayor Bill de Blasio announced his support for legislation currently pending in the city council that would give Gotham’s fast-food workers the right to more predictable work hours. On Monday, the Seattle City Council passed a comprehensive fair workweek law that advocates hope can serve as a model for other cities.
These policy developments come at a time when many workers say that service-sector employers’ scheduling practices make it impossible for them to live their lives. On-call scheduling—in which workers can be told to report to work with little advance notice—make it hard for employees to schedule parenting, school, doctor visits, and much else. Scheduling software aimed solely at efficiency can lengthen or eliminate their shifts at the last minute. On top of that, the prevalent practice of “clopening”—where a worker has a closing shift followed just a few hours later by an opening shift—often leaves workers with little time to rest. Meanwhile, workers are on the hook for the costs of uncertainty, like a last-minute taxi ride to work or unexpected child-care costs.
In one nationwide survey, four out of five early-career adult workers said that their weekly hours fluctuated by an average of 87 percent compared with their usual hours; 45 percent of hourly workers who are parents said they have no input on their schedules.
Fair-scheduling advocates say it's time for employees to have more say in scheduling practices—and for employers to finally pay their workers for the costs that their flexible schedule imposes on employees (like those taxi rides and child care). They are also demanding that companies stop hiring more and more workers to maximize flexibility while cutting hours for existing workers.
In 2014, San Francisco became the first jurisdiction in the country to mandate fair-scheduling practices with its unprecedented “Retail Workers Bill of Rights.”
In 2014, San Francisco became the first jurisdiction in the country to mandate fair-scheduling practices with its unprecedented “Retail Workers Bill of Rights.” The new Seattle law will build on that by requiring that employers give workers two weeks advance notice on shift schedules—any changes made to schedules after that requires additional compensation for the worker, including half-time pay for any hours an employer cuts or cancels. Workers will have the right to request flexible scheduling without fear of retaliation.
Workers will also have protections against “clopening.” The proposed law would be the first in the country to require an employee’s consent for shifts that allow less than ten hours of rest, and to mandate that “clopening” workers get paid time and a half. Additionally, employers would be required to offer available hours to part-time workers before hiring additional workers. Companies that have been found to consistently under-schedule workers and make last-minute shift changes would be subject to fines.
“These are critical steps forward. If you don’t get that many hours, earning $15 only goes so far.”
On the opposite coast, the New York City legislation focuses on the 65,000 workers in the city’s fast-food industry. As such, it follows the pattern set by Fight for 15 organizers, who first convinced Governor Andrew Cuomo to convene a wage board for fast food last year, later to be followed by a general increase in the state minimum wage. “We are in a battle to restore dignity and decent living to retail and service workers in industries where that really has been badly eroded in recent years,” New York City Councilmember Brad Lander told the Prospect in an interview. “These are critical steps forward. If you don’t get that many hours, earning $15 only goes so far.”
As in the Seattle legislation, New York fast-food employers would be required to give workers two weeks advance notice on expected shifts, mandate additional compensation for last-minute changes to a worker’s schedule, and provide protections for workers who are “clopening.” However, as of now, the proposed policy gives employers a week of wiggle room after setting the schedule to make changes before locking it in.
The policy initiative is in the beginning stages, Lander stresses, and the city council may push for any number of changes, including broadening the law to include the entire service industry. As of now, the policy is aimed at the same group of fast-food employers that Cuomo’s wage board dealt with—chains with 30 or more locations nationwide. It’s those bigger chains that already utilize sophisticated scheduling software to minimize labor costs. They can use that same software, Lander says, to ensure that workers have a predictable and secure workweek.
To date, fair-scheduling laws have lagged behind wage hikes and paid sick-day ordinances in city halls and statehouses.
To date, fair-scheduling laws have lagged behind wage hikes and paid sick-day ordinances in city halls and statehouses. At the federal level, in 2014, Representative Rosa DeLauro and Senator Elizabeth Warren introduced the Schedules that Work Act, which protects hourly workers from scheduling abuses—though with Republican control of Congress, the bill hasn’t gone anywhere.
But fair workweek policies now appear primed to become the next front in the low-wage worker movement.
But fair workweek policies now appear primed to become the next front in the low-wage worker movement. In response to pressure from SEIU’s Local 32BJ, a powerful force along the Eastern seaboard, policy-makers in Connecticut, Washington, D.C., and Jersey City may soon pass new rules that mandate 30-hour workweeks for service workers, like security guards and janitors, in large commercial and residential buildings. In November, voters in San Jose will decide on a ballot measure that would require companies with 35 or more workers to offer additional hours to part-timers before taking on new employees.
Washington, D.C., and Minneapolis are also considering fair-scheduling measures for retail and fast-food chains, though both efforts have run into heavy resistance from the business lobby. Workers and organizers are also pushing for a fair-scheduling law in Emeryville, a small city between Berkeley and Oakland that is a major retail-shopping destination for the east Bay Area.
“The momentum with the Fight for 15 has opened up this new space where policy-makers are starting to listen to the real needs that the country’s workforce has been talking about for a long time,” says Carrie Gleason, director of the Center for Popular Democracy’s Fair Workweek Initiative, which is assisting with local fair-scheduling efforts. “This isn’t a new issue,” Gleason adds. But “the accelerated pace in which these types of work-hour policies have taken off is a demonstration of the moment we’re in.”
By Justin Miller
Source
2 months ago
2 months ago