Schedule Rules Prove Difficult to Implement
San Francisco — San Francisco, the country’s premier laboratory for new Internet services, is also used to innovating in municipal regulation.
But in its latest experiment, it’s starting to...
San Francisco — San Francisco, the country’s premier laboratory for new Internet services, is also used to innovating in municipal regulation.
But in its latest experiment, it’s starting to find that legislating good corporate behavior isn’t as easy as pressing a button on your smartphone.
In July, the city started implementing a first-in-the-nation law aimed at curtailing the trend toward “just-in-time” scheduling, where managers call in employees to work on short notice. The new measure requires large-chain retailers — such as Safeway and Walgreens — to publish schedules at least two weeks in advance and to compensate employees with “predictability pay” if they make changes less than a week ahead of time. It also mandates that additional hours be offered to existing employees first before new hires are made, and that part-time workers be paid at the same rate as people who work full-time.
So far, it’s been easier to publish schedules than live up to the spirit of the law.
“The two-week notice seemed to be instituted right away, but the other stuff is lagging,” said Gordon Mar, director of San Francisco Jobs With Justice, a labor-backed group that pushed for the “Retail Workers Bill of Rights” and has been monitoring its implementation.
The sluggish response may be because fines don’t kick in until Oct. 3; the city is still hashing out the rules. But the spotty compliance so far highlights the difficulty of attempts to mandate worker-friendly practices — especially the kind that touch the most fundamental aspects of business operations, rather than those that simply require higher pay and better benefits.
San Francisco employers fought the new ordinance, but couldn’t prevent its passage. Now, they complain it’s affecting service.
“We’re hearing from members in San Francisco that it really is not working well at all,” said Ronald Fong, president of the California Grocers Association. Stores can’t always predict surges in foot traffic, which might be brought on by a sunny day, leaving managers without the option to bring in more staff. That was a problem during the heat wave that swept over San Francisco this summer.
“Supplies weren’t able to get out to the shelves,” Fong said. “It just kind of snowballed, and our customers have a bad experience, or the stores lose sales.”
Some businesses don’t mind the rules in principle, but object to the red tape. “Everybody pretty much operates on a predictive schedule,” said Bill Dombrowski, president of the California Retailers Association. “But the process of implementing this, with offering the employees hours in writing and waiting three days for a response, it’s a lot of government intrusion into very minute detail.”
Also, not all industries schedule their workers in the same way. Milton Moritz is president of the National Association of Theatre Owners’ California and Nevada chapter, and said the theater business is by nature unpredictable, making the new law particularly difficult to comply with.
“We might not know until the Monday before the Friday a film shows, and even then we’re hiring, firing, scheduling people based on the business that film’s going to do,” Moritz said. “This ordinance flies in the face of all that. It really complicates the issue tremendously.”
The San Francisco ordinance hasn’t just been irritating for big companies. Some workers grumble the law discourages employers from offering extra shifts on short notice, because they would have to pay the last-minute schedule change penalty — even if workers would be happy for the chance to pick up more hours.
Rachel Deutsch, a senior staff attorney with the Center for Popular Democracy who has been helping local jurisdictions across the country craft fair-scheduling legislation, said that’s something that might change in future iterations.
“I think that’s the thing with any policy where it’s the first attempt to solve a complicated economic problem,” Deutsch said. “It’s been a learning process.”
So far, fair scheduling laws aren’t spreading as quickly as minimum wage and paid sick leave laws. A statewide bill in California failed a couple weeks ago, and no other local ordinances have passed besides San Francisco’s, though there are active campaigns in several cities including Minneapolis and Washington, D.C.
Meanwhile, several companies have acted on their own to curb some of the practices that workers have found most disruptive, like on-call shifts, where workers have to be available even if they aren’t ultimately asked to work. But in some cases — like that of Starbucks, which committed to eliminating many of those practices — those voluntary changes haven’t been any more effective than government mandates.
Erin Hurley worked at Bath & Body Works and campaigned for an end to on-call shifts. After she left the job, parent company L Brands said it would stop the practice at Bath & Body Works as well as another of its chains, Victoria’s Secret. But Hurley said she’s heard from current workers that managers are still doing effectively the same thing, by asking employees to stay a little longer.
“On-call shifts were replaced with shift extensions,” said Hurley. “Basically what L Brands did was change the name of the practice.” Keeping people on-call is very convenient for employers, and letting it go can be easier said than done. L Brands did not respond to a request for comment.
Still, advocates in San Francisco think the Retail Workers Bill of Rights has already done some good, and will be more effective when the city’s enforcement kicks into high gear — just like overtime rules did, when companies got used to obeying them.
Take Michelle Flores, 21, who has worked part time at Safeway for two years to support herself while in going to college. Unpredictable schedules made that difficult: She would only know her shifts a few days beforehand, which sometimes didn’t leave her enough time to hit the books.
“I would study from midnight until 5, 6 a.m., sleep for two or three hours, and then go to the exam,” said Flores, 21, who attends San Francisco State. This year, she expects that to change. “If I know that I have a shift scheduled, I’ll just study another day,” Flores said.
Also, the law came with some funding for community organizations to make employees aware of what workers are entitled to. That has ancillary effects — like getting people interested in joining a union, which can be better equipped to make sure companies are following the rules.
“It just creates an opportunity to talk to more workers about their rights under the law, and that leads to conversations about other issues in the workplace,” said Gordon Mar, of Jobs with Justice. “And that could lead to getting organized.”
Source: Valley News
Here's How The #AbolishICE Movement Really Got Started
"The demand to abolish ICE has existed almost since the beginning of ICE," Ana Maria Archila, co-executive director of the Center for Popular Democracy, told Refinery29. "Since its creation, there...
"The demand to abolish ICE has existed almost since the beginning of ICE," Ana Maria Archila, co-executive director of the Center for Popular Democracy, told Refinery29. "Since its creation, there were organizations that were saying that the inclusion of ICE as an agency that is designed specifically to separate families, put people in detention, to deport them is a dangerous development in the way we as a country relate to migration."
Read the full article here.
Nationwide protests against Trump’s family separation policy planned for June 30
Nationwide protests against Trump’s family separation policy planned for June 30
The Women’s March is also organizing a nonviolent civil disobedience in partnership with Center for Popular Democracy and CASA in Action event for Thursday, June 28, in Washington, DC. The...
The Women’s March is also organizing a nonviolent civil disobedience in partnership with Center for Popular Democracy and CASA in Action event for Thursday, June 28, in Washington, DC. The organization is asking women if they’re ready to risk arrest — and will provide training to those willing to participate.
Read the full article here.
What you can do right now to improve policing in your city
Newsy spoke with Anand Subramanian, the associate director of PolicyLink. Together with the Center for Popular Democracy, PolicyLink published a report with recommendations on how communities can...
Newsy spoke with Anand Subramanian, the associate director of PolicyLink. Together with the Center for Popular Democracy, PolicyLink published a report with recommendations on how communities can improve the way their local police force operates.
Collect more data:
"Police departments need to collect data that's broken down by race, by gender, etc., on who they're stopping, why they're stopping them, whether they were searched, whether there was consent for the search and whether any contraband was found," Subramanian said. "By collecting and publishing that data, communities can really assess whether there are racial disparities or not."
Ban biased policing:
"Every police department should have a policy prohibiting racial profiling and prohibiting biased policing. It allows departments to hold officers accountable if they've been found to engage in biased policing."
Get independent oversight:
"A lot of communities are advocating for policies that institute an independent body that has oversight over the department's policies — an audit function to make sure that the department is complying with its policies, that the policies are up to par and that the department is actually holding its officers accountable for misconduct."
Decriminalize low-level offenses:
"Another area that community advocates may want to look at is decriminalizing certain laws in their community. A lot of times, specific laws tend to be applied in a biased way. One good example of that are so-called status laws like loitering or spitting. But what you find in those communities, if those laws are ever applied, they're only applied in communities of color or vastly disproportionately in communities of color."
Don't fine people for being poor:
"Communities should really take a look at whether there are laws on the books that make it illegal for someone to not pay a fine. So we saw this in Ferguson where the DOJ went to investigate, and what they found was that the city government was really run on the backs of poor people. You may not even know that people are sitting in jail for being too poor to pay a traffic fine, for instance. And so we really urge communities to identify those laws and really advocate for their communities to change those laws."
Enforce the Fourth Amendment:
"A lot of times, police officers will ask someone they stopped whether they consent to a search. What we're finding is that a lot of times what is seen as consent may not actually be true consent. It may be that they don't want to give consent, but they feel scared or frightened, so they give consent under duress. In any case where someone being stopped by a police officer has a right, that right should be expressly shared by the police officer."
Editor's note: Anand Subramanian's interview has been condensed for length
By KATE GRUMKE
Source
Activists: US Justice Department Response to Baltimore Police Racism Falls Short
Activists: US Justice Department Response to Baltimore Police Racism Falls Short
The response by the US Department of Justice to exposing Baltimore Police Department (BPD) violations of citizens’ constitutional rights falls short of addressing the systemic problem of racism in...
The response by the US Department of Justice to exposing Baltimore Police Department (BPD) violations of citizens’ constitutional rights falls short of addressing the systemic problem of racism in US policing, activists said.
Read the full article here.
Immigration Advocates Applaud Mayor Bill De Blasio’s ID Card Plan
CBSNew York - February 11, 2014 - Undocumented immigrants and their supporters are cheering Mayor Bill de Blasio’s plan for creating city identification cards this year. But, as WCBS 880′s Alex...
CBSNew York - February 11, 2014 - Undocumented immigrants and their supporters are cheering Mayor Bill de Blasio’s plan for creating city identification cards this year. But, as WCBS 880′s Alex Silverman reported, they also want to make sure New York gets it right.
During his State of the City address Monday, de Blasio vowed to make municipal ID cards available to all residents in 2014 regardless of their immigration status, “so that no daughter or son of our city goes without bank accounts, leases, library cards, simply because they lack identification.”
“To all of my fellow New Yorkers who are undocumented, I say: New York City is your home, too, and we will not force any of our residents to live their lives in the shadows,” he said.
Aracely Cruz said she’s been waiting 10 years to hear a promise like de Blasio’s.
“I face fear every day,” she said. “I don’t trust anybody.”
Cruz was among the immigration reform proponents who gathered at a news conference Tuesday in lower Manhattan. Also in attendance were a mother who wants the freedom to walk into her child’s school and a day laborer who says he has spent 15 years in Queens with nothing to show to prove he’s part of the city.
City Councilman Carlos Menchaca, D-Brooklyn, head of the Immigration Committee, said members are drafting a bill to create the cards and plans to hold a hearing on the matter within the next month.
“We’re not going to wait for a federal government to give us reform,” he said.
“We’re tired of Congress failing us and failing our families,” said Linda Sarsour, executive director of the Arab American Association of New York. “And what we do in New York is we don’t wait for Congress.”
One concern advocates such as Steve Choi, executive director of the New York City Immigration Coalition, have is “we have to make sure we are ensuring trust, that the city agencies, such as the library and the police, are able to really accept these municipal ID cards without fear that folks are going to be branded somehow.”
Brittny Saunders, a lawyer with the Center for Popular Democracy, said other cities have created an incentive for citizens to also obtain the cards ”by connecting up these IDs with discounts at local businesses.”
Donna Lieberman, executive director of the New York Civil Liberties Union, agreed the ID cards should be used for all New Yorkers, not just undocumented immigrants.
“I, for one, intend to get a municipal ID because I want to use the ID that’s accessible to all New Yorkers,” she said.
Source
Washington Wrap: Goldman Sachs under review over Panama Papers
Washington Wrap: Goldman Sachs under review over Panama Papers
New York's Department of Financial Services is seeking information from Goldman Sachs Group Inc., BNP Paribas SA, Canadian Imperial Bank of Commerce and Standard Chartered Plc on shell companies...
New York's Department of Financial Services is seeking information from Goldman Sachs Group Inc., BNP Paribas SA, Canadian Imperial Bank of Commerce and Standard Chartered Plc on shell companies established through a law firm in Panama, Bloomberg News reported Wednesday. The investigation came after the Panama Papers leak about global banks using law firm Moasack Fonseca & Co. to set up anonymous shell companies. The data behind the leaks was made public this week by the International Consortium of Investigative Journalists.
The massive leak put a spotlight on the possible use of shell companies for tax evasion and other purposes. The White House's Office of Management and Budget accepted the final review of a FinCEN Treasury rule last month that would require banks to identify owners of shell companies.
Rick Aragon, AML compliance manager at LexisNexis Risk Solutions, said in an interview that the rule will increase compliance costs and complexity for banks. The new obligation for banks to identify and verify beneficial owners will affect system processes and could ultimately impact the risk profile of banks, he said.
"There's all sorts of different downstream processes that are going to be impacted by this," he said.
While offshore accounts are already considered high-risk, the publicity of the accounts will cause banks to re-evaluate whether or not they want to take on this type of business, he added.
The House Science, Space, and Technology's Oversight Subcommittee is investigating the FDIC's slowness to report data breaches that were later deemed as posing a major cybersercurity risk. The FDIC has reported seven security breaches since October 2015, all related to employees leaving the agency and downloading data on personal external devices. Lawrence Gross, chief information officer and chief privacy officer at the FDIC, testified at a May 12 hearing that the agency has taken steps to mitigate further breaches, but Rep. Barry Loudermilk, R-Ga., said he does not think the agency is taking the breaches seriously.
Democratic presidential candidate Hilary Clinton said she supports increasing diversity at the Federal Reserve and removing bankers from the board of directors, The Washington Post reported Thursday. Her comments were made in response to a letter from 127 legislators, including Elizabeth Warren and Bernie Sanders, asking Chair Janet Yellen to improve leadership diversity. "As the Board of Governors embarks on its search for regional bank directors to serve beginning in 2017, and as you consider future regional president vacancies, we urge you to engage in an inclusive process to consider candidates from a diverse set of backgrounds, including a greater number of African-Americans, Latinos, Asian Pacific Americans, women, and individuals from labor, consumer, and community organizations," the lawmakers wrote. The group cited a Center for Popular Democracy study that found 83% of Fed head office board members are white and three-fourths of regional bank directors are male.
Chatter:
The argument between JPMorgan Chase & Co. Chairman, President and CEO Jamie Dimon and Independent Community Bankers of America President Camden Fine heated up this week after Dimon called Fine a "jerk" on CNBC. Fine retorted that Dimon's language was that of a junior high-schooler.
Dimon's comments were made in response to statement Fine made April 9. "Just because Jamie Dimon says 'let's sing kumbaya' doesn't mean community banks are going to just line-up like a Greek chorus," Fine said in response to an op-ed Dimon wrote, calling banks of all sizes to unite.
Legislation/regulation:
The Office of Financial Research outlined best practices for data collection by regulators, including the agencies composing the Financial Stability Oversight Council. Among common pitfalls it pointed out in regulatory data collection were a failure to use existing industry standards, missing or incomplete data requirements, inadequate instructions and preparation, and a lack of resources to support institutions reporting the data.
The OFR suggested more collaboration among data collectors and noted that regulators' collection processes should be designed to be comprehensive and attentive to detail while also having a foundation of simplicity.
The OFR also released a study in which it compared the reported credit standards in the Fed's senior loan officer opinion survey to Home Mortgage Disclosure Act data. It found that the survey results have "the expected relationships" with actual denial rates at banks and economic conditions such as delinquency rates and home prices in MSAs where credit tightening occurs.
The House Financial Services Committee could soon introduce a bill that would provide regulatory relief for community banks if they meet a certain capital threshold. Rep. Steve Stivers, R-Ohio, said in an interview Wednesday that the bill would also include a dual mandate for the Consumer Financial Protection Bureau to protect consumers and encourage access to credit.
The Treasury Department wants to work with Congress to pass legislation overseeing and providing protection for borrowers in the marketplace lending industry. In a white paper reviewing the industry, the Treasury stated that to ensure market soundness prudent loan underwriting, securitization transaction pricing, and robust governance and disclosures are necessary. The paper also recommended that online lenders should promote a transparent marketplace for borrowers and investors, ensure safe and affordable credit through partnerships, and support robust and effective oversight.
By Moriah Costa
Source
Gap Says It Will Phase Out On-Call Scheduling of Employees
The move makes Gap the latest retailer to move away from “on-call scheduling,” which regulators, workers’ rights groups and some academics say is detrimental to employees ...
The move makes Gap the latest retailer to move away from “on-call scheduling,” which regulators, workers’ rights groups and some academics say is detrimental to employees and their families.
“At Gap Inc., we also believe that work-life integration enables all employees to reach their full potential and thrive both personally and professionally,” the company said in a statement on its blog announcing the change on Wednesday. “We recognize that flexibility, inclusive of consistent and reliable scheduling, is important to all of our employees.”
On-call scheduling requires employees to call ahead before a specific shift to see if they will be needed, a practice that gives workers little predictability in scheduling. Facing public and regulatory pressure, some retailers, including Abercrombie & Fitch, Starbucks and Victoria’s Secret, have already begun phasing out the practice.
Gap said its five brands — Athleta, Banana Republic, Gap, Intermix and Old Navy — had agreed to stop on-call scheduling by the end of next month and have committed to providing employees with at least 10 to 14 days’ notice, according to Wednesday’s announcement.
In April, the New York attorney general, Eric T. Schneiderman, sent a letter to more than a dozen retailers, including Abercrombie & Fitch, Gap, J. C. Penney and Victoria’s Secret, requesting more information about on-call scheduling and questioning whether such practices were legal. In the months since, Abercrombie & Fitch and Victoria’s Secret both announced they would discontinue it.
Mr. Schneiderman praised Gap’s decision in a statement on Wednesday.
“Workers deserve stable and reliable work schedules, and I commend Gap for taking an important step to make their employees’ schedules fairer and more predictable,” he said.
Gap had already begun scaling back the use of on-call shifts after starting a pilot program last year to test alternative scheduling practices. Mr. Schneiderman’s office told Gap last week that it would consider legal action if the retailer did not take steps to end on-call scheduling, according to Eric Soufer, a spokesman for the attorney general’s office.
A recent study by the Economic Policy Institute, a liberal advocacy group, found that the children of parents who worked unpredictable schedules could have inferior cognitive abilities, in areas like verbal communication, and struggle with anxiety and depression.
“Parents’ variable schedules require irregular family mealtimes and child bedtimes that interfere with children’s healthy development,” the study said.
Correction: August 28, 2015
An article on Thursday about an agreement by five Gap apparel store brands to stop requiring employees to make themselves available for last-minute shifts misstated when the policy change will become effective. It is the end of next month, not the beginning of next year.
Source: New York Times
Top Federal Reserve pick is controversial for Wells Fargo oversight and lack of diversity
Top Federal Reserve pick is controversial for Wells Fargo oversight and lack of diversity
Shawn Sebastian, field director of Fed Up, a campaign by labor, community and liberal activist groups that wants the Fed to enact pro-worker policies, said the choice of Williams damaged the Fed’s...
Shawn Sebastian, field director of Fed Up, a campaign by labor, community and liberal activist groups that wants the Fed to enact pro-worker policies, said the choice of Williams damaged the Fed’s legitimacy and credibility.“Today, the Federal Reserve concluded another opaque and controversial Reserve Bank presidential selection process by ignoring the demands of the public and choosing yet another white man whose record on Wall Street regulation and full employment raises serious questions,” he said.
Read the full article here.
Grupos cívicos piden a Harvard desvincularse de la deuda de Puerto Rico
Grupos cívicos piden a Harvard desvincularse de la deuda de Puerto Rico
Los grupos que participan de la convocatoria están comandadas por el “Center for Popular Democracy”, e incluyen a organizaciones de estudiantes de esas universidades, así como “Make the Road New...
Los grupos que participan de la convocatoria están comandadas por el “Center for Popular Democracy”, e incluyen a organizaciones de estudiantes de esas universidades, así como “Make the Road New York”, “Make the Road Pennsylvania”, “Make the Road Connecticut”, “New York Communities for Change”, and “Organize Florida.”
Lea el artículo completo aquí.
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