I don’t like the GOP tax bill, but now my life depends on beating it
I don’t like the GOP tax bill, but now my life depends on beating it
My path as an activist had been fairly conventional. After law school, I represented low-wage Latino workers in Queens...
My path as an activist had been fairly conventional. After law school, I represented low-wage Latino workers in Queens who had been victims of wage theft, and I helped write New York City’s groundbreaking paid sick days law. Later, I created a campaign called Fed Up, urging the Federal Reserve to use its economic tools to focus on raising wages and creating jobs, not just minimizing inflation. I didn’t think of myself as a direct beneficiary of these policies: I was an upper-middle class white man with elite degrees, a bright future and financial security. I could focus on empowering others.
Read the full article here.
Ady Barkan launches new campaign asking everyone to “Be A Hero”
Activist Ady Barkan, who is fighting ALS, is starting a new fight - to get people to vote. He’s asking people to “Be A...
Activist Ady Barkan, who is fighting ALS, is starting a new fight - to get people to vote. He’s asking people to “Be A Hero” and vote for candidates who protect healthcare. Ady tells Ali Velshi that with all the challenges he faces that if he can get out and vote, everyone can.
Watch the video here.
Immigrants need sanctuary — and lawyers
Ali, a green card holder and father of three young daughters in Baltimore, was driving his friend home when they were...
Ali, a green card holder and father of three young daughters in Baltimore, was driving his friend home when they were pulled over by police in a routine traffic stop. Ali's friend, who was undocumented, had a baggie of marijuana in his possession, and Ali, wanting to save his friend, took the blame. Ali believed his own immigration status would protect him even if convicted of possession. But a year later, he was threatened with deportation. He was arrested and, lacking a lawyer, detained for months, keeping him away from his family. Without a breadwinner, his wife, who was undocumented and unable to work, and children were evicted from their home.
Read the full article here.
J. Crew, Urban Outfitters, and More Just Stopped Using ‘On-Call’ Scheduling
J. Crew, Urban Outfitters, and More Just Stopped Using ‘On-Call’ Scheduling
Several major retailers have in recent weeks relieved their workers from having to spend their mornings waiting for...
Several major retailers have in recent weeks relieved their workers from having to spend their mornings waiting for their boss to tell them if and when to show up for work.
J. Crew recently joined a group of several other top retail chains in dropping on-call scheduling—the system that requires workers to make themselves available for a shift with no guarantee of actually getting any clocked hours. Under on-call scheduling, workers generally must be ready to be called in for a shift just a few hours beforehand, and often that meant wasting valuable time by not being called in at all. In addition to J. Crew, Urban Outfitters, Gap, Bath & Body Works, Abercrombie & Fitch, and Victoria’s Secret, and various affiliated brands, have announced that they’re phasing out on-call nationwide.
The abandonment of on-call at these high-profile chains—affecting roughly 239,000 retail sales workers, according to the Fair Workweek Initiative (FWI)—represents growing backlash against the erosion of workers’ autonomy in low-wage service sectors. The pressure for reform has been stoked by media scrutiny, labor protests, and litigation, and an investigation into on-call scheduling in New York retail stores by New York Attorney General Eric Schneiderman.
But the fight for fair labor practices isn’t over in retail. Carrie Gleason, director of the FWI, a project of the advocacy group Center for Popular Democracy, says nominally phasing out on-call at a workplace may simply lead to a “whack-a-mole situation,” pushing managers to find other ways to drive workers into erratic and unstable schedules. Your supervisor might not call you in two hours before a shift starts, but might still abruptly cancel your pre-scheduled shift, or text on an “off” day to pressure you to sub for a coworker. Some workplaces might have a set start time for shifts, but then pile on on-call extended hours, so the workday expands unexpectedly. Across the service sectors, Gleason says, “there’s not a real commitment around standards around what workers experience as a predictable schedule.”
Nationwide two-thirds of food service workers and over half of retail workers have at most a week’s notice of their schedules. Part-timers and black and Latino workers disproportionately work irregular schedules.
According to National Women’s Law Center, over half of workers surveyed
“work nonstandard schedules involuntarily because they could not find another job or ‘it is the nature of the job.’” The “nature of the job” reflects the nature of our current economy, which has redefined labor as a seller’s market for employers, while union power and labor protections have disintegrated.
FWI campaigns both for stronger regulation and industry-led reforms. It presses for “high-road workweeks,” under which workers and employersnegotiate equitable scheduling systems, which can streamline operations and reduce turnover, while giving workers more predictable hours, along with flexibility to change schedules on a fair, voluntary basis. (Yet there’s good reason for skepticism about voluntary corporate “social responsibility”: in a recent study of Starbucks’s scheduling reforms, workers nationwide reported irregular and unpredictable shifts, despite the company’s promises of more humane schedules.)
On the regulatory front, as reported previously, some state laws and San Francisco’s new Retail Workers Bill of Rights provide reporting time pay(compensation for unplanned shift changes), and safeguards for stable hours.
California, New York, and other states have recentlyintroduced fair-scheduling legislation, including reforms that provide workers with negotiating mechanisms at work to make scheduling procedures more democratic, and limits on consecutive hourly work shifts.
Nationally, the proposed Schedules That Work Act would provide similar protections for advanced notice, reporting time pay and the right to bargain schedule changes.
The basic principle that drives labor advocates is predictability in both time and earnings, which counterbalances the service industry trend toward precarious low-wage jobs, pushing workers into part-time, temporary, or unstable contract work.
The opportunity cost of abusive schedules drives financial insecurity, impedes career advancement, and hurts families. Erratic hours can interfere with childcare arrangements and medical care, and are linked to increased marital strain and long-term problems with children’s behavioral development.
Sometimes, it’s just humiliating. Like when Mary Colemangot sent home from a shift at Popeyes and ended up effectively paying not to work. As a campaigner with FWI, the grandmother described the experience as a theft of precious time and wages: “When I get to work only to be sent home again, I lose money because I have to pay for my bus fare and hours of time traveling without any pay for the day.” Under a reporting time pay system, however, she might instead have been reimbursed for showing up, instead of bearing the cost of her boss’s arbitrary decisions.
“The idea is that if you need this level of flexibility for your workforce, that’s something that has value, being able to have a nimble workforce that’s ready when you need them,” Gleason says. In fact, honoring the workers’ overall role in an organization, not just hours clocked, is akin to the salary system. White-collar professionals often voluntarily exceed a 40-hour workweek and feel duly rewarded with their annual compensation package.
A fairer schedule system isn’t difficult to imagine if we start with the premise of honoring workers’ time in terms commensurate with the value of what they’re expected to produce—whether it’s impeccable service at peak-demand time, or a good cappuccino. And that’s why unions and other worker-led organizations, which understand a job’s real meaning in the context of workers’ lives, have historically been instrumental in shaping wage structures through collective bargaining. Though unions have withered, smart policy changes and grassroots organizing networks are carving out more autonomy and control for labor over the course of a workday.
The byzantine, unstable scheduling systems that dominate low-wage industries aren’t really “the nature” of today’s jobs so much as the result of a society that deeply undervalues workers’ lives, whether that’s the value of a parent’s time with her children, or the time invested in a college degree. In a “just in time” economy, employers put a premium on consumer convenience and business logistics. But as boundaries blur between work and home, the “new economy” challenges workers to finally reclaim their stolen time.
Source: The Nation
Letter: Congress must pass law for universal health care
Here are the health care issues on which we need government to act......
Here are the health care issues on which we need government to act...
Read the full article here.
Milwaukee faces historic opportunity to transform schools. Here’s how.
Milwaukee faces historic opportunity to transform schools. Here’s how.
Milwaukee spends a greater fraction of its general fund on policing than many other major cities. A 2017 report from...
Milwaukee spends a greater fraction of its general fund on policing than many other major cities. A 2017 report from the Center for Popular Democracy, Law for Black Lives, and Black Youth Project 100, compared 11 other cities and found they devoted 25 to 40 percent of their general fund expenditures to policing — Milwaukee spent 47 percent, or nearly $300 million.
Read the full article here.
Central Bankers to Confront Stock-Market Turmoil at Fed’s Annual Jackson Hole Retreat
Gathering at the mountain getaway in recent Augusts, the stewards of global currency have contended with the looming...
Gathering at the mountain getaway in recent Augusts, the stewards of global currency have contended with the looming collapse of Lehman Brothers in 2008, global deflation worries in 2010, serial Greek fiscal meltdowns and other dramas. This time, they confront a big disparity between the world’s two largest economies, the U.S. and China.
The U.S. has recovered enough from the last financial crisis that Fed officials have been preparing to raise interest rates to prevent overheating down the road. But China appears to have lost economic momentum, driving the People’s Bank of China to cut rates and take other measures to boost growth. Markets have responded to these conflicting forces with turbulence, creating new uncertainties for policy makers about the economic outlook.
Before this week’s turmoil, Fed officials had signaled they might move as soon as next month to start lifting their benchmark interest rate from near zero, where it has been since December 2008. It was shaping up to be a tough decision even before the stock-market corrections around the globe. Now, the odds of a rate increase in September appear to have diminished, though a move is still possible if markets stabilize and new economic data show the U.S. economy is strengthening despite threats abroad.
New reports on Tuesday showed increases in U.S. consumer confidence and new home sales in August and July, respectively, reasons for Fed officials not to become too glum about the U.S. outlook.
“Prior to these market events in the last few days, I thought that this was about as close to a 50/50 call as you can get,” said former Fed Vice Chairman Alan Blinder of the odds that the central bank would raise U.S. rates in September. If markets don’t stabilize, he said, the Fed would likely hold off on a rate increase.
“If the markets are in anything close to the sort of tizzy they have been in the last few days, then the Fed will not throw a match into the fire” when it meets September 16-17, said Mr. Blinder, a Princeton University professor and friend of Fed Chairwoman Janet Yellen.
Ms. Yellen will not be attending this year’s Jackson Hole conference, but Vice Chairman Stanley Fischer is scheduled to deliver remarks there Saturday on inflation. European Central Bank President Mario Draghi won’t be there, but the ECB and many of the world’s other central banks will be represented by senior officials. The meeting has included top central bankers from Turkey, Malta, Sweden, South Korea and beyond in the past.
It is a fraught moment for all of the world’s central banks. China’s repeated efforts to stimulate growth don’t seem to be working. China’s central bank cut interest rates by a quarter percentage point on Tuesday and its stock market fell.
Many other economies are trapped in the middle of a global monetary tug of war between the two economic giants, especially emerging markets and commodity-producing countries. Their economies have been hit by China’s slowdown. At the same time, their currencies have been declining against the dollar as the Fed prepares for higher rates. If central banks in places such as Brazil, South Africa or Russia try to stimulate their economies by cutting interest rates, they risk capital flight and potentially destabilizing currency depreciation. If they don’t, they risk deep recessions.
One potential fault line that Fed officials are watching carefully: Heavy loads of U.S. dollar debt accumulated by local companies in emerging markets. Total corporate bonds outstanding in emerging markets have almost doubled since 2008 to $6.8 trillion, according to Institute of International Finance estimates. The share of this debt issued in U.S. dollars rose from less than 15% in 2008 to more than 40% in the first five months of 2015.
Those debts become harder to pay off as the dollar appreciates. It is up more than 7% against a broad basket of other currencies so far this year.
The central banks also face skepticism about the paths they are charting. “Our global economy is fixated on central banks and the latest utterance of the monetary authorities,” said Judy Shelton,senior fellow of the Atlas Network, a free-market think tank participating in a parallel conference critical of the Fed this week, also in Wyoming. The title of her panel, “What Happens if Central Bankers are Wrong?”
Central banks for the major developed economies, including the Fed, responded to the post-financial crisis period of slow economic growth and low inflation by pushing short-term interest rates to near zero and launching bond-buying programs to drive long-term interest rates down, too.
Many central bankers say the economy would have been in much worse shape, possibly a repeat of the Great Depression, without the support. Critics like Ms. Shelton say the policies failed to produce the higher inflation or faster growth desired.
As the Fed considers when to start raising rates, officials are getting pressure from several sides. While many free-market advocates would like the central bank to move, liberal activists plan to press the Fed this week to hold rates near zero to promote economic growth and more hiring.
“The economy is too weak to warrant interest-rate hikes,” said Shawn Sebastian, policy analyst at the Center for Popular Democracy, a left-leaning group, in a statement on Tuesday.
Academics don’t provide clear direction. In competing newspaper opinion pieces this week, Harvard professors Martin Feldstein andLawrence Summers, who have served as economic advisers to Republicans and Democrats, respectively, argued for and against a Fed rate increase in September.
From the maelstrom, Fed officials are trying to respond to the unfolding economic outlook.
Atlanta Fed President Dennis Lockhart on Monday said he still expects the central bank to raise rates this year, but he didn’t say when. That marked a subtle shift since Aug. 4, when he told The Wall Street Journal he believed the economy was ready for a rate increasein September.
Current developments like “the appreciation of the dollar, the devaluation of the Chinese currency and the further decline of oil prices are complicating factors in predicting the pace of growth,” Mr. Lockhart said Monday. But, he noted, “our baseline forecast at the Atlanta Fed is for moderate growth with continuing employment gains and a gradually rising rate of inflation.”
Source: The Wall Street Journal
The New Education Reform Lie: Why Denver Is a Warning Sign, Not a Model, for Urban School Districts
The New Education Reform Lie: Why Denver Is a Warning Sign, Not a Model, for Urban School Districts
Scott Gilpin works in advertising, so he's used to dealing with people in the promotions business. He's just not used...
Scott Gilpin works in advertising, so he's used to dealing with people in the promotions business. He's just not used to seeing them operating a local public school.
Gilpin lives in Denver, where he grew up, graduated from high school and now has two children enrolled in the public school system. Recently, when he decided to get more involved in Denver school politics, he discovered that the most rapidly growing form of school in his community were charter schools. So he determined to check one out.
When he toured his first charter, a school in the Strive Preparatory network, he couldn't help but take note of the school’s staffing structure, which could have supported a mid-sized promotional campaign: his guide was the chief of external affairs for the network, and the school boasted a senior director of development and an associate director of recruitment, too.
Gilpin—who sent his children to the local public school they were zoned for, as his parents had done—wondered, "What kind of local public school needs to recruit its students?"
As Gilpin would learn, lots of new Denver schools are that "kind of school."
Across the city, Denver has opened 27 charter schools in the last five years, and plans to start up six more in the 2016-17 school year – effectively doubling the number of charter schools in the city in less than six years, according to a recent report from the Center for Popular Democracy, a left-leaning research and advocacy organization in Washington, DC. Yet this rush to expand charters is hardly justified by the performance of the ones already in operation.
According to CPD, based on the school performance framework Denver uses to evaluate its own schools, "Forty percent of Denver charter schools are performing below expectations.” And of those schools, 38 percent are performing significantly below expectations.
Nevertheless, numerous articles and reports in mainstream media outlets and education policy sites enthusiastically tout Denver as the place to see the next important new "reform" in education policy in action.
"Reformers are paying close attention to Denver," notes David Osborne of the Progressive Policy Institute in an op-ed recently published by U.S. News & World Report. Osborne declares Denver's education reform effort a success based on evidence of gains in "academic growth" and on-time high school graduation. He says Denver can show the rest of the nation "a way to transform … 20th-century school systems, built on the principles of bureaucracy, into 21st-century systems, built to deliver continuous improvement."
Recent reports from other Beltway-based think tanks, on both the right and the left of the political spectrum, also hail Denver as a model for advancing "school choice" and charter schools that have the power to "transform" the education of low-performing students. Earlier this year, the Brookings Institution named Denver the second-best of the nation's 100+ largest school districts that provide parents with options for "school choice."
But Gilpin and other Denverites tell a different story about Denver-style urban school reform.
Instead of a glowing example, they point to warning signs. Rather than a narrative of success, their stories reveal disturbing truths about Denver's version of modern urban school reform – how policy direction is often controlled by big money and insiders, why glowing promises of "improvement" should be regarded with skepticism, and what the movement's real impacts are, especially in communities dominated by poor families of color.
'Eye Opening' Revelations
Gilpin's initial foray into Denver school politics began in 2011 when he joined in a campaign in support of a new bond initiative to raise new funding for, "school renovations and classroom enrichment programs,” as the Denver Post put it.
The proposals passed in the 2012 ballot, but Gilpin's plunge into citizen involvement brought him up close to the often-unseen inner workings of contemporary urban education reform in Denver.
"What I found was eye-opening," Gilpin tells me in a phone conversation. Among those eye-openers were the intense lobbying and marketing efforts being undertaken to promote charter schools; their powerful and elite corps of backers; and the staggering amount of money, from taxpayers and private donors, that is being funneled to them.
Specifically, Gilpin saw firsthand how bond money intended for renovations and instructional programs was instead used to purchase a 13-story building downtown to house, in part, a new charter school.
Gilpin then learned that the district's chief operations officer, David Suppes, had signed the intent-to-purchase agreement for the new building on August 10, nearly two weeks before the board approved the bond initiative on August 23. Gilpin also saw how school leadership overlapped with the vendors and contractors used by the schools, potentially creating conflicts of interest and cronyism.
As the Colorado Independent reports, two members of the controlling school board majority in 2013, Barbara O’Brien and Landri Taylor, headed up organizations that contracted directly with the city school district. The two consistently voted with attorney Mike Johnson, whose law firm earned $3.8 million from the district during his tenure on an advisory committee before stepping up to the board.
Taylor, who was appointed to the board in 2013 and had the advantage of running as an incumbent in 2015, was well known as a key backer of opening new charter schools. After winning the election in 2015, he abruptly resigned earlier this year for family reasons.
To replace Taylor, the board picked MiDian Holmes who, according to Chalkbeat Colorado, is "an active member in the school reform advocacy group Stand for Children," a pro-charter organization that has made large donations to school board candidates running on a pro-reform platform. (Holmes eventually resigned when background checks revealed she is a convicted child abuser, and the board seat is, at this date, vacant.)
This tight, sometimes hidden, collusion in Denver school governance has led Gilpin to believe Denver reform is the product of "an elite circle" of people with little to no input from the public. Other careful observers agree.
"Forced on Our Community”
"They invite the community to look at plans already being put into place," Earleen Brown tells me about the Denver school board in a conversation over the phone.
An African American grandmother from a Northeast Denver community populated predominantly by non-white, poor families, Brown sees the Denver school reform model from a very different vantage point from where Gilpin sees it. (Denver schools are majority Latino and African American, with 70 percent of students classified as low-income and nearly a third non-native English speakers.) But she shares many of his concerns.
Like Gilpin, Brown's involvement in Denver school politics began with a bond referendum, this one in 2008. In that effort, Brown contends, there was widespread belief money would go toward paying for either a new traditional comprehensive public high school in Northeast Denver or for a substantial renovation of the existing Montbello High School.
In 2009, after the bond passed, district officials approached parents in the Montbello neighborhood, a mostly African American community, with a set of four options for the struggling high school. The options followed guidelines from the Obama administration, which ranged from changing staffing to closing the school. Parents, Brown recalls, created a petition campaign that gathered over 300 names in favor of the option labeled "transformation," the choice generally agreed to be the least disruptive to the school.
But when district officials came back with their decision, they had picked a different option: turnaround, generally regarded as a much more disruptive process. And the next year, Montbello parents learned yet another option had been chosen for their school: closure. The last class to graduate from Montbello was in 2014, and the school is now no more.
Now the community has – instead of the traditional, comprehensive high school parents requested – an array of new charter schools. Housed in what used to be Montbello High are two innovation schools (schools that get much of the flexibility of charter schools but are not privately operated). One school has a very specialized program focused on international studies. The other is an arts-focused school that is already being scaled back due to academic distress.
Some of the new schools serving the Montbbello community are well known for enforcing the harshest forms of school discipline disproportionally on students of color. A 2015 report from a Denver-based education justice and civil and immigrant rights organization tracked Denver school discipline incidents – such as out-of-school suspension, expulsion, or referral to law enforcement – and the correlation of those incidents to race.
What the report shows, according to a review in the Colorado Independent, is that students of color in Denver schools are 219 percent more likely to receive harsher discipline than their white peers. The disparity is particularly acute among charter and innovation schools. According to the report, nine of the ten worst offenders in Denver are charter or innovation schools. The schools that replaced Montbello high are numbers five and two on the 10 worst list, with racial gaps in punishment that are 990.9 and 1,361.4 percent wider. (The worst school, a charter with a racial punishment gap of 2,991.2 percent, is now closed.)
The discriminatory treatment toward her community has led Brown to believe the whole Denver reform model has been "forced on our community."
What Big Money Wants
While some parents see the effort to remake Denver’s schools as an agenda controlled by a small circle of local actors, others point to big money and influence coming from outside.
When Emily Sirota and her family moved to Denver in 2007, she and her husband quickly became concerned the schools their children would eventually attend were too focused on test scores and competition, and that leadership was "divorced from the desires of families," she tells me in a phone call. Her concerns motivated her to run for school board in 2011.
The quick lesson Sirota learned about Denver education politics was that connections to big money had more to do with determining opposing forces than traditional party lines.
Sirota, who is a Democrat, aligns politically with many in Denver who participate in education advocacy and serve on appointed education committees and elected boards. But because she did not align with the reform orthodoxy of school closures and charter school expansions (a wave of reform that many trace to Michael Bennet, a former investment banker who was superintendent of the district from 2005 to 2009 and is now a Democratic U.S. Senator for Colorado), she was not on the side of big money.
As The Nation's John Nichols reported at the time, big money lined up with Sirota's opponent Anne Rowe. Rowe, a former owner of a Denver publishing business, has strong ties to the Denver Public Schools' political establishment and was founding co-chair of A+ Denver, an influential advocacy group that backs charter schools and the Denver reform model.
Nichols notes that Rowe received strong financial support from "donors who, in several cases, have ties to groups that promote charter schools and vouchers" across the country, including the Alliance for Choice in Education, Stand for Children, and Democrats for Education Reform.
That funding disadvantage – Rowe out-raised Sirota by more than $90,000 – was "one of the biggest reasons" she lost, Sirota contends. An article for In These Times points out that many of the same donors who funded her opponent also funded two other establishment candidates – Allegra Haynes, who won her race, and Jennifer Draper Carson, who lost hers by just 73 votes.
"Denver school board elections are just the latest examples of elections being bought," says Jeannie Kaplan, an eight-year veteran of the Denver school board. Kaplan, who has lived in Denver for over 40 years and raised children in the local public schools, first ran for school board in 2005 in an open seat contest she won. Kaplan was term-limited out in 2013 and could no longer run. Two years later, deep-pocketed privatizers poured money into the school board race and swept the election to take a 7-0 majority. As Kaplan describes on her personal blog, a key to the election sweep was late money coming into the race to preserve the at-large seat held by the pro-reform Haynes.
Campaign funding reports show that Haynes outspent her opponent Robert Speth by more than 2 to 1.
An article in the American Prospect on the increasing role of big money in school board races reports that Democrats for Education Reform, a PAC founded by hedge fund managers that pushes hard to expand charter schools nationwide, ”contributed a quarter-million dollars to launch the Raising Colorado super PAC, which went on to spend $90,000 running ads and mailing flyers" in support of Haynes and Lisa Flores, another pro-reform candidate who also won. (According to the Center for Media and Democracy, DFER has poured millions of dollars of "dark money" into elections in Colorado and other states to tilt elections to candidates who favor charters and other "reform" measures.)
As Kaplan writes in a blog post,”Public education in Denver, despite what you may have heard or read about in the press, is a system in chaos. It is a system run by a cabal. It is a system where politics, pardon the expression, trumps good policy and the truth."
'Highly Politicized’
So how did education reform in Denver become mostly about politics and power?
"Denver school reform has become highly politicized because the ideas supporting it are highly controversial," Chris Lubienski, an education scholar and a professor of education policy, organization, and leadership at the University of Illinois, tells me over the phone.
From 2011 to 2015, Lubienski and a team of other education researchers conducted a study to ascertain how intermediary organizations (IOs) supported by foundations and philanthropists influence public opinion on education in Denver. These organizations, which “serve a number of functions in school reform, including advocacy, consultation, policy design, alternative teacher and leadership preparation, and research,” tend to promote reforms that "are often highly contested by parents, public education advocates, and teachers unions," the report contends. "In addition, the research evidence on the efficacy of these reforms is similarly unsettled."
"In Denver, reform ideas emerged from a very small handful of people," Lubienski tells me. "Reformers who work there may believe the origin of these ideas is in research and is homegrown,” but he points to influence centers outside Denver, such as Silicon Valley and Washington, D.C., as more likely incubators of these reforms.
Lubienski also questions claims from Denver reform proponents that a democratic process produced their policies. "Their origins are not as democratic as is suggested," he shares. "Having policy decisions result from more of a consensus-based approach is admirable. But in Denver, that consensus is not as well developed as many people say it is."
In Denver, according to the study, only three foundations – the Daniels, Piton, and Donnell-Kay Foundations – fund most of the IOs driving change in the system. "Without this hub of funding," the report concludes, "and alignment around the importance of [these] reforms, it is unlikely that such reforms would have moved forward at the size and scope that we witness in Denver."
The study from Lubienski et. al., also cites the influence of a small number of national foundations, principally the Bill and Melinda Gates Foundation, that advocate for expansions of charter schools. Other sources, such as the Denver Post, document the influence of the Walton Family Foundation, the philanthropic organization created by the wealth of the family that owns the Walmart retail chain. According to the Post, in 2011, WFF awarded Denver with nearly $8 million in grant money, "more than many of the nation’s largest cities," because of "the strength and profile of [Denver's] charter-school world."
The Problem With 'Portfolio' Reform
Though the evidence that the reforms these foundations are pushing actually work is nowhere near as convincing reformers would have you believe, efforts to root charters deep within Denver’s educational soil continue apace.
The mechanism reformers have used to seed the growth of charters across the city is the "portfolio model” — an approach that “shifts decision-making away from district superintendents and other central-office leaders,” according to the National Education Policy Center. Four strategies form the core foundation of such an approach: “school-level decentralization of management; the reconstitution or closing of ‘failing’ schools; the expansion of choice, primarily through charter schools; and performance-based (generally test-based) accountability.”
In Denver's case, the portfolio approach has led to the rapid expansion of charters while closing supposedly failed public schools. As Osborne writes in his U.S. News op-ed, "Since 2005 [Denver] has closed or replaced 48 schools and opened more than 70, the majority of them charters." Of Denver's 223 schools, 55 are charters and another 38 are "innovation schools" which Osborne describes as being "like charters."
To feed the system's numerous new charter schools, Denver has implemented an enrollment process that gives parents the opportunity to list up to 5 schools for their children to attend rather than simply relying on proximity. To help guide parents in making their school choices, the district uses a school ranking system with color-coded labels for schools – blue at the top (for "distinguished), green, yellow, orange, and red (for "accredited on probation") at the bottom. The rankings are used not only by parents, but also by the district to determine which schools need interventions and closure.
As Chalkbeat notes, Denver also has "enrollment zones" where students "are given a preference at the schools in the zone and are guaranteed a spot at one of them, though not necessarily their first pick. The zones are set up to encourage — some would say force — families to participate in the choice process."
But research experts are skeptical the portfolio approach alone will yield good results.
In an op-ed for Education Week, Montclair State University professor Katrina Bulkley joins with Columbia Teachers College professors Jeffrey Henig and Henry Levin to caution, "The portfolio-management approach to urban education is a work in progress."
NEPC adds further caution, writing, "There exists a very limited body of generally accepted research about the effects of portfolio district reform."
NEPC managing director William Mathis, one of the report’s authors, tells me that it is, in particular, the combination of reforms that confounds research into portfolio results. "There are so many factors at play that describing causality is problematic,” Mathis notes. “Portfolios mean different things in different places.”
"If you don't change what happens in the classroom, you don't really change anything," Mathis contends. And he finds little evidence a portfolio approach will necessarily result in improvements in curriculum and instruction.
Former school board member Jeannie Kaplan also questions the success of such reforms. In an op-ed published last year in the Denver Post, Kaplan spotlighted numerous negative outcomes after many years of portfolio-based reform, including growing achievement gaps between white and non-white students, a school system stubbornly segregated along racial lines, and high staff turnover rates in schools.
Her op-ed pointed to a 2015 analysis from the University of Washington’s Center on Reinventing Public Education (an organization that advocates the portfolio approach), which looked at the 50 largest urban school districts in the country that have been actively engaged in education reform. Kaplan noted that, "Of them, Denver Public Schools was dead last in both reading and math, with gaps of 38 percent and 30 percent respectively. The average for the other districts was around 14 percent for each subject.
“As for graduation rates, Denver ranked 45th out of the 50 districts."
Whose Choice?
So far, less than 27 percent of families have opted to participate in Denver’s choice program, according to a Chalkbeat analysis. The remaining 73 percent have chosen to remain in their current local schools.*
That same analysis attributes the low participation rate to the extremely small percentage of parents who opt to "choice out of" their current school when their children are not in a "transition year" – for instance, moving from an elementary school into a middle school. An older article in the Denver Post reported numerous parents feeling "stressed out" over the choice process.
That said, some parents do find there are advantages to the choice system. For instance, when Scott Gilpin looked to enroll one of their daughters in a school, they used the enrollment process to "choice into" an innovation school that offered a dual language program. Similarly, when Emily Sirota looked for a school for her oldest daughter, she found an innovation school that had an expeditionary approach more to her liking.
But there's also evidence Denver's system of choice leads to a lot of outcomes that look more like forced choice. For instance, Gilpin notes that the enrollment zones set up to encourage choice often result in students being placed in charters whether their families indicated that as their top choice or not.
When Sirota visited the neighborhood school her family was zoned for, she noticed extremely large class sizes and the lack of adequate facility space for the students. Upper grades in the elementary school were housed in portable buildings. No doubt, such conditions dis-incentivize parents from choosing that school.
"Choice sounds good," says Earleen Brown, but "there aren't five high performing schools in our area to choose from," she says. Although there are some "blue schools" in Brown's Northeast neighborhood, she argues their high ranking is often mostly due to Denver's methodology that rewards schools for recent growth in test scores, even when the percent of students who are on grade level in the school is still quite low.
Also, many of the traditional public schools in Brown's community have been closed or had charter schools "co-located" in them (an arrangement where a charter takes over a portion of a public school's facility). So for some families in Northeast Denver "being able to enroll in a nearby traditional public school is a choice you don't get," she notes. Certainly, for parents who wanted Montbello High School to serve as a traditional, comprehensive high school, that choice was simply overruled by the district.
"We really have no choice in our community," Brown maintains.
What Parents Want
Given all of the obvious flaws and questionable results attached to Denver’s current reform model, one can’t help but wonder why is this approach is being lifted up as a "model of excellence" to be replicated across the nation.
Of course, we've seen this type of bluster in support of charter schools and education reform before. For years, the New Orleans school system was held up as a reform model for other urban communities to emulate.
NOLA schools, essentially wiped out by Hurricane Katrina, provided reformers with "a clean slate" to remake an urban public school system based on their own ideas alone, which consisted primarily of converting the district into a nearly all charter school entity and turning school enrollment into a choice process.
Former Louisiana governor Bobby Jindal claimed NOLA-style reform had laid down a path for schools everywhere else to follow. David Osborne, in another of his laudatory commentaries about education reform, wrote in 2015, "New Orleans made charter schools work." Politico reported, “Mayors and governors from Nevada to Tennessee" were in full throttle campaigns to "replicate the New Orleans model.”
Except that, for a host of reasons, the New Orleans model turned out to be impossible to replicate. In fact, in Denver today there’s little discussion of education reform being patterned after New Orleans. In Osborne's promotion of the Denver model, in fact, he contrasts the Denver approach with New Orleans’, and lauds it for being an approach to education reform that hasn't required state intervention or other forms of "insulation from local electoral politics."
But it's not clear that the form of electoral politics practiced in Denver has yet given parents what they want as much as it has delivered outcomes desired by an elite few.
In Earleen Brown's case, what she wants is pretty specific: She'd like to see the district act on her community's desire to have a comprehensive, public high school.
Jeannie Kaplan advocates the adoption of models she has seen work in the past that provided schools resources to stay open longer hours and provide a fuller range of services including tutoring, health care, and extra-curricular activities. "Now we call these 'community schools,'" she explains. What Denver needs most, she believes "is the money [to fund] this."
"We need more focus on the schools in our neighborhoods, rather than popping up new charter schools here and there," Emily Sirota maintains. And she'd like to see smaller class sizes, guaranteed recess for kids, and a more equitable system that ensures a high level of quality curriculum and instruction in all schools, not just the ones the better-off children attend.
As for Scott Gilpin, he wants to see spending on education in Denver going more toward the classroom instead of to administration, consultants, and school board elections. He thinks less emphasis on testing would not only free up more time for instruction; it would make teachers' jobs more rewarding — which would, in turn, lower teacher attrition rates.
What Denver parents seem to want most from education policy in their community is for leaders to find a different way to talk about these issues, and to solicit, and honor, parent input before decisions are made.
Whether they will ever get what they want in this regard remains an unsettlingly open question.
* Though officials from Denver Public Schools argue that in the transition grades (kindergarten and grades 6 and 9) participation levels are now at 84%, overall participation rates across all grades remain at just 26.5%.
Jeff Bryant is director of the Education Opportunity Network, a partnership effort of the Institute for America's Future and the Opportunity to Learn Campaign. He has written extensively about public education policy.
By Jeff Bryant
Source
Quit Your Job and Go to Work
This spring, Michanne was striding out of a San Francisco apartment lobby in her Google Express jacket, fresh off...
This spring, Michanne was striding out of a San Francisco apartment lobby in her Google Express jacket, fresh off delivering a mirror. Her van beckoned at the curb. It was branded in Google’s playful primary colors and logo, and on the side was the image of a package getting dropped from a parachute, easy-peasy. Michanne’s job was to make same-day, seamless deliveries of bottled water and kitty litter for Google Express, but she doesn’t actually work for Google Express — not directly, anyway. If you looked carefully, just below the van door, a few small, gray letters spelled out something most people didn’t realize: this vehicle wasn’t Google’s after all. It belonged to a company called 1–800Courier.
That day had actually been a good one. Michanne, who is 27, had worked the full eight hour shift that she’d been scheduled by 1–800Courier — one of several companies that delivers for Google Express in the Bay Area, Washington, D.C., Los Angeles, and New York City. But full days like that were becoming rare. (She didn’t want to use her last name for privacy reasons.)
When I called her back a month later and asked her to rate her job from 1 to 10, she was more upfront about her level of annoyance: “If 1 is a nightmare, I’m like a 1.5.” In fact, she’d quit.
Her complaint came down to this: she says 1–800Courier had verbally assured her full-time work when she started with the company back in October. It was a paycheck the new mother was counting on, one that didn’t leave her time to work another job. And in the company’s scheduling app she was technically scheduled for 40 hours a week for weeks in advance.
Yet, increasingly, her actual hours were decided the day of work. Michanne had to check her email an hour and a half before her first shift started to see if she would actually get to work the hours she’d been allotted. Many times she did not. She was a supposedly full-time employee who was, effectively, on-call. She’d put aside the day so she could work, but when it turned out they didn’t need her, that meant no work — and no pay.
In April, an email plunked into Michanne’s inbox, describing what she says was business as usual:
Even when she got the go-ahead to turn up for the day, Michanne’s shifts would often be cut once she was already at work. Around 5 p.m., as she ate in her van during an hour-long meal break, she would frequently get a call from the dispatcher, telling her to go home early without working her scheduled second shift. She’d still get paid something— California law mandates payment of between two hour and four hours of “reporting time” depending on the length of a cancelled shift. But it was still a huge issue: Although she was expected to be on-call for 40 hours a week, shift changes meant she was regularly dipping down to 25 hours of paid work, and even once as low as 17 hours, she recalls. At $13 an hour, she was hoping for $520 of work each week — but 17 hours is just $221.
Google pointed questions towards its contractor, which manages all scheduling for its deliveries. 1–800Courier’s California Director of Operations David Finney said that across the industry, the delivery business slows down after the holidays. “I personally empathize with that,” he said about employees whose hours get cut. “But at the same time, look at any industry in the state of California — especially in the service industry — and some days it’s just like ‘Hey, we’re sorry, we don’t need you to come in.’”
Another employee of 1–800Courier, who asked to remain anonymous so as to not irk the company, says the scheduling problems were sometimes bad for the company, too. Back in January and February, when business seemed especially slow, this worker would clock in and sit in the delivery car near the hub for hours, waiting to be dispatched. “I’d have movies picked out to watch, I got a pillow and took naps, and had stuff I wanted to read and write. I’m getting paid to do nothing. But I wouldn’t call
[dispatch] and say, ‘I need a route.’ It didn’t bother me at all.”
What did bother the Netflix-watching worker was this: more than 10 times during seven months on the job, their first shift was cut while it was already happening. But the worker was booked on to a second shift, and was made to wait around until that started. Since driving the vehicle back to the parking lot in Silicon Valley from the San Francisco dispatch hub would eat up most of the time, the worker would often drive to the movies or the mall in the city to kill time until the second shift. (The worker once got written up for taking the vehicle to Safeway during that time — saying they expected employees to just wait in the vehicle for the next shift, or drive it back to the Silicon Valley lot.)
The complaint is echoed by another former 1–800Courier worker who recently quit: “I was really getting irritated. They said ‘it’s not as high demand right now, we don’t have a lot of orders coming through, so we’re cutting the hours.’” A couple times, while the worker was in a carpool on the way to work, the dispatcher would call and say, “Oh, we removed you from the 12–5 window, you can just work for 5:30 to 10. I’d just go home and say ‘Remove me from the last window.’” The current driver says things have picked up lately, especially after a major lay-off of drivers in March that has given those who remain more work to do. 1-800's David Finney wouldn’t confirm a layoff, but said drivers are now regularly working overtime hours.
The whole idea behind the on-demand economy — touch-of-a-button delivery, often guaranteed within minutes — creates the potential for a sudden rush or dearth of customers at any moment. So how does a company make sure that the right amount of workers are around at the moment it needs them to be?
You’d think that this is something that Google, the emperor of analytics, might be able to figure out. But the company it had chosen to organize the deliveries, 1–800Courier, had not. Sometimes workers lucked out and watched movies in their cars, but more often they suffered for their employer’s failure. There may have been an abundance of employees scheduled for shifts, but ultimately the people were just as on-demand as the Costco kitty litter they delivered.
Outside of Silicon Valley, American labor is looking a lot like this already. The old, sanctified status of “employee” is getting egged in the face. The days of blue-collar job, suburban tract home, Disney vacay, and pension awaiting at the end of the 9–5 rainbow looks like a curious blip on the way to a more profit-maximized, capitalist future. It’s the age of the precariat: unions are nearly kaput, many will only know pensions from history books, and most “at will” workers can be fired as easily as Uber can kick its drivers off the app. Now many old titans of industry have latched onto this idea of on-call shift work — which many call “just-in-time scheduling,” — a grayish labor abuse tailored for the age of the text message that has lawmakers hustling to curb it.
Since the recession, millions of workers have taken part-time gigs when they’d prefer to have full-time ones — especially in hospitality and retail. And those part-time jobs increasingly jerk the workers around: In a University of Chicago study of young workers in hourly jobs, 41 percent said they got their shifts a week or less in advance. It gets worse from there: as a recent story in Harper’s Magazine laid out, companies use software to track customer flow down to the minute; resulting in managers who ask workers to be on call for work shifts, or clock out while on the job and hang around without pay during slow times to see if the workflow will pick up. Sarah Leberstein is a senior staff attorney from the National Employment Law Project, which has been monitoring the hellish scheduling practices. “The companies want to unload all the flexibility onto the workers, but workers can’t afford to live in such a state of flux.”
This spring, New York Attorney General Eric Schneiderman sent letters to 13 national retailers including Urban Outfitters to Target to Gap to Sears, questioning them about using software tracking systems and whether they made employees get the go-ahead for work less than a day before a shift:
Re: Request for Information Regarding “on call shifts”
Our office has received reports that a growing number of employers, particularly in the retail industry, require their hourly workers to work what are sometimes known as “on call shifts” — that is, requiring their employees to call in to work just a few hours in advance, or the night before, to determine whether the worker needs to appear for work that day or the next. If the employee is told that his or her services are not needed, the employee will receive no pay for that day, despite being required to be available to appear on the job site the next day or even just a few hours later on the same day. For many workers, that is too little time to make arrangements for family needs, let alone to find an alternative source of income to compensate for the lost pay.
If “just-in-time scheduling” sounds a whole lot like on-demand work, that’s because it is.
It’s not just in America that this practice is increasing. In Europe, it’s called the “zero hour” job — you’re promised work, but guaranteed nothing. And these contracts have been causing controversy in Britain ever since the financial crisis, which saw a dramatic rise in the number of just-in-time jobs as employers offloaded their risks onto the workforce. Today, almost 2 million jobs in the U.K. are now on-call. In some cases, workers are denied the benefits of full-time employees, or are prevented from finding other paying gigs without the permission of their employer — even if that employer cancels all of their shifts.
And it’s not just service industry jobs: zero hours have spread into other areas of the British economy, too. Recent figures suggest 13 percent of all healthcare workers and 10 percent of all education jobs are now in the same kind of hole that Michanne found herself in. (Finney from 1–800 said he does not consider the company’s scheduling to fall into the “just-in-time” trend.)
“The writing on the wall is we’re going to see more of an Uber and Lyft approach to workforce management in more industries,” says Carrie Gleason from the Center for Popular Democracy, a Brooklyn-based labor and social justice nonprofit. “You can see that in the just-in-time scheduling — you only want to pay for people when they’re doing the most productive work. The cost of doing business is put on the worker, so any time they’re not producing a car fare or a retail sale, it’s the worker paying for that time, not the company.”
On-demand companies pitch themselves as ultimate disrupters, breaking free of stuffy, old-world straitjackets of work. For many companies in this exploding area, there are no zero hour jobs — because the jobs have no set hours at all. The workers are independent contractors, not employees, and, at many companies, can log into work when they choose. In fact, Silicon Valley’s Chief Optimism Officer, Marc Andreessen — the venture capitalist who is funding Lyft and Instacart to build our app-based freelancer future —recently waved away a reporter’s comment about the precarious app workers in the New Yorker:“Maybe there’s an alternate way of living,” he said. “A free-form life where you press the button and get work when you want to.”
It also saves companies payroll taxes, wages, benefits — and the headache of scheduling workers. (“What other job out there can you just turn it on when you want to start and off when you want to stop — whenever you feel like it?” asked Uber CEO Travis Kalanick in his five-year company anniversaryspeech last week.)
“Uber doesn’t care if 100 or 200 are reporting to work because Uber will get the same percentage of the fare” says Leberstein, the National Employment Law Project attorney. “They’re shifting the burden of deciding whether there’s enough work onto the workers.” Many companies go so far as to give drivers a weekly breakdown on the most high-earning hours — in fact, there are entire apps dedicated to helping workers track that for themselves.
Companies claim these freedom-loving toilers will flee the moment they’re pinned down by shifts or bureaucracy. Their own internal studies suggest this is true: one Uber-commissioned poll of drivers showed more than 70 percent preferred to be their own boss rather than work a 9-to-5. About 50 percent of Lyft’s drivers drive five hours a week or less. A survey by the Freelancer’s Union found 42 percent went freelance to have more flexibility in their schedule.
“If everybody has to work a certain amount of hours, then it would put the model at risk because then it would be a very rigid model,” says Pascal Levy-Garboua, the head of business at Checkr, and organizer of a conference about the on-demand economy held in San Francisco last month. He has driven for Lyft in the past anywhere from 10 to 20 hours a week to see how it works for himself — then goes months without driving at all. “That would be the opposite of on-demand. Demand and supply are elastic, and the model works because there’s an equilibrium. If supply” — the industry’s term for what the rest of the world usually calls “workers” — “is not elastic, the model breaks.”
Yet a survey of more than 1,000 workers released last month by Requests for Startups, a tech-booster newsletter, popped a hole in what had been the great selling point of contract work in the new economy:
Work hours are demand-dependent despite the touted schedule flexibility. Although schedule flexibility is the #1 stated reason for joining a company as a contractor, ‘Peak hours / demand’ ranked highest amongst influencers of their work schedules, with nearly 50% selecting it as a very important influencer (‘My Family’ was the 2nd highest at 35%). This influence is particularly glaring when comparing current vs. ideal hours of ridesharing respondents, whose responses suggest that their ideal working hours aren’t too far off from the traditional 9–5.
Among the top reasons for leaving the job were insufficient pay (43 percent) and — spoiler alert for industry cheerleaders — insufficient flexibility (26 percent). In short, while the apps may be good for people who have another job and merely want to pad their income, if workers want to make a living on these apps, they actually have little flexibility — they need to work full-time or more, and they better be signed into work during the peak times.
The on-demand workplace is not one-size-fits-all: while complete flexibility works well for driving services with a 24-hour demand and a ready stable of drivers, companies dependent on burritos and Thai take-out reaching hungry customers have to be a bit more organized about who is on hand at meal times.
To get around this problem, many companies have started doing to their independent contractors exactly what 1-800Courier does to its employees: schedule them onto shifts.
At Postmates, an on-demand food delivery company, contractors sign up the week before for shifts in down-to-the-hour increments — those who confirm their availability are offered potential jobs first, meaning they can end up making substantially more than those hopping on the app to work spontaneously. As further motivation, Postmates also guarantees couriers who sign up for shifts a minimum of $15 an hour on weekends — if their jobs don’t add up to that, Postmates will pay them directly.
Scheduling contractors is a legally gray thing to do — since shifts are one of the IRS’ criteria in determining that a worker is an employee. (Indeed, Postmates, like many companies, is currently facing a lawsuit over classifying the couriers as contractors.)
Postmates says they aren’t shifts, exactly: workers aren’t bound to the hours they pre-select — they could just not sign into the app during the shift. Yet there are consequences. If they miss five of their allotted hours in a week, they’ll be suspended from work for 48 hours, as this email forwarded by one courier warns:
In order to avoid banishment, Postmates contractors ask for swaps on the app, much like employees have to do when they can’t make a shift.
And, like ridesharing companies, Postmates has another mechanism to get unscheduled contractors out on the road during peak times: its own surge-pricing model called “blitzes.” While the courier’s take of the delivery fee always stays the same —80 percent — blitzes increase that fee two or even three times the usual amount.
Postmates also polices the workers once signed in: one courier in New York City who asked not to be named (he didn’t want to get kicked off the app) showed me texts from the company: sometimes Postmates asks him why he’s not accepting more jobs, sometimes it commands him to stop only accepting jobs that he determines will be worth his time, and sometimes it suspends him temporarily from the app entirely. A Postmates spokeswoman says the real-time texts are aimed at getting feedback on why certain jobs aren’t attractive to couriers.
The take-away: as traditional jobs are looking more on-demand, on-demand contractor ones aren’t looking as flexible as they claim.
So where does that leave us? Employment and contractor labor models already seem to be converging at some sort of semi-flexible purgatory.
In the eyes of those who cry that companies like Uber or Lyft or Postmates are getting rich off exploiting a labor loophole — blithely skipping out of paying wages, benefits, and expenses like gas because they classify workers as freelancers—companies like 1–800Courier are actually playing the good guy. (Or at least the less evil guy.) The company has official employees which it pays $12.50 to $13 an hour, plus worker’s comp, overtime, and expenses, including gas and the occasional parking ticket.
“I do want to go on the record to say we try really hard to do right by our employees,” Finney from 1–800Courier says. “We’re not going to pass that cost onto someone else so we can save a buck… We’re practically one of the only companies in the state of California that uses the employee model. It’s the right thing to do, and, in the long run, it will be the best solution because we’ll be able to provide the best service because we have employees. With independent contractors, there’s a lot of control you give up because you can’t tell independent contractors what to do.”
Still, 1–800Courier's own problems show that employers in the on-demand economy have to be adept at managing their workflow. Otherwise they’ll lose money on wasted labor when there’s low demand, or be caught short when there’s a sudden surge.
This is not impossible. Already some on-demand companies claim to have figured it out.
One vocal proponent of employees in the industry is Managed by Q’s CEO Dan Teran, who has written about the decision to employ its workers to clean and manage offices in New York City. Their workers get to choose their work days and receive a steady schedule, and the company books them at worksites that are on convenient subway routes from their home or other job sites. Still, the company gets off easy since most of the workflow is pre-determined and consistent week to week.
The San Francisco food service Munchery has been also held up as one of the good guys in the new push-button delivery business — one of a short list that employs its couriers. One San Francisco bike messenger named Jennifer told me Munchery pays $18-an-hour plus tips from a collective tip pool — much higher than minimum wage. Still, Munchery experienced its own trip-ups. Jennifer told me that after she started working for them at the beginning of the year, there were too many messengers working the four-and-a-half hour dinner delivery window. “They were just sitting around waiting. I was told that it had been really slow for many months,” she says.
Around the end of January, Jennifer says Munchery laid off 11 bike messengers. (CEO Tri Tran would not give details of the company’s staffing, but says the layoffs were not a huge correction considering the size of his payroll: “Ten people we need to shift around — that’s a very small number for the workforce we have.”) Munchery also gets out ahead of its demand by putting parameters on how instantaneously “on-demand” it can be: outside of San Francisco’s city limits, you have to have ordered dinner by 2:00 in the afternoon, and choose an hour-long delivery window.
The workflow problems seem to be resolved for now. Since the layoffs, Jennifer says she’s delivered a steady flow of meals with little loafing.
Still, Munchery has a strong advantage: people generally eat dinner at a predictable time. Consistency is a harder promise in truly in-the-moment businesses, like Uber and Lyft, Postmates, or Google Express. How can employees ever be scheduled with perfect accuracy in those businesses? Does an hourly employee have to work rigid shifts?
Shannon Liss-Riordan is a Boston-based labor attorney suing many on-demand companies over their attempts to classify workers as contractors. She says flexible shifts aren’t incompatible with employee status: “That’s total BS. Employees can have flexible work schedules, employers are doing that all the time. All of these arguments being made are real red herrings that they’re trying to throw out there. It’s part of the whole ‘Oh, the workers love this, because they love the flexibility.’ You can give them flexibility, andpay their worker’s comp. It doesn’t have to be one or the other.” She cites one precedent-setting California case about cucumber growers who were found in California Supreme Court to be employees, even though they could set their own hours.
Of course, salaried, white-collar workers — who can call their own shots and rarely earn overtime — often have a great deal in flexibility at work. That’s harder for employees getting paid by the hour. Could part-time employees log in and out of work willy nilly, paid by the hours they actually work? Highly unlikely. If companies have to pony up for the workers, there’s little benefit to them for allowing workers to come and go as they please. Shelby Clark, executive director of Peers, which helps on-demand workers find and manage their workload, has done some back-of-the-envelope calculations on the base cost of having employees. Companies only start recovering their employee costs if workers are putting in a baseline of hours, but not overtime, “so you’d probably have a floor and a cap [on hours], and then not more than eight hours a day. You’d start to see a lot of constraints that defeat why people work in the sharing economy.”
That’s exactly what the disgruntled New York City Postmates courier told me. Despite getting pestered by texts to accept more jobs and bad tips, he explained why he stayed: “The only thing I like about this job is the freedom and flexibility.” Take away that, and he’d do what companies fear the most, especially as the competition for these workers grows: he’d never sign in for work again.
Which was exactly what Michanne at 1-800Courier did, after being forced to be flexible when she wanted stable work. In late April, she quit. Ironically, even though she was an employee, her reasons for leaving were the same as all those on-demand workers who were surveyed: lack of flexibility and low pay. She now works at a car dealership, 9-to-6.
It appears 1–800, on the other hand, is only ramping up. In the last month, the company has blanketed Craigslist with job ads for Google Express drivers to deliver for a “new upscale concierge service,” “a really cool company” to deliver retail items to homes and businesses around Silicon Valley. “It makes me wonder why they fired all those people, if they’re just going turn around and hire more,” the current employee told me while sitting in her van waiting
for a second shift to begin last week. “Just so you can fire everyone again?”
Among the listed perks in the ad? “Stable schedules” and “multiple shift choices.”
Source: Mic
No indictment in Eric Garner police killing
Reports indicate that a grand jury has decided not to indict NYPD Officer Daniel Pantaleo in the death of Eric Garner,...
Reports indicate that a grand jury has decided not to indict NYPD Officer Daniel Pantaleo in the death of Eric Garner, an unarmed Black man. Garner died in July in Staten Island of neck compression, combined with asphyxia as a result of a chokehold applied while police officers were arresting him for the suspected sale of untaxed cigarettes. The incident was captured on cellphone video by Ramsey Orta who was a bystander. Garner had broken up a fight when officers attempted to arrest him. Pantaleo put Garner on the ground by the use of force, which included the use of a headlock resulting in Garner’s death. The city’s medical examiner later ruled the death a homicide. The NYPD is banned from using chokeholds, however, chokeholds are not illegal.
At a press conference Wednesday night, the Rev. Al Sharpton and Garner's family spoke about the grand jury's decision. Sharpton announced plans for a national march in Washington, D.C. on December 13 to urge the U.S. Department of Justice to investigate the string of recent police killings of unarmed Blacks.
"We are dealing with a national crisis," he said. "We are not advocating violence, we are asking that police violence stop. Now you have a man chocked to death on videotape and says 11 times 'I can't breathe.'" Garner's wife, Esaw, said she did not accept the apology give by Pantaleo on Wednesday after the grand jury didn't indict him. She said she plans to move forward to get justice for her late husband.
"I'm determined to get justice for my husband," she said. "He should be here celebrating Christmas and Thanksgiving and he can't. My husband's death will not be in vain. As long as I have breath in my body I will fight the fight."
Several Black and Latino congressional members, including Gregory Meeks and Yvette Clark, held a press conference in Washington, D.C. after the grand jury's decision was announced. The legislatures called for the Justice Department to step into the case. The U.S. Department of Justice is going to investigate Garner's death, according to reports. U.S. Attorney General Eric Holder announced that a federal civil rights investigation would be opened in the case.
Mayor Bill de Blasio, Public Advocate Leticia James and several city council members held a press conference in Staten Island on Wednesday to address the issue. De Blasio said that frustration over the grand jury's decision is understandable. "It's a very emotional day for our city. It's a very painful day for so many New Yorkers," he said. "We're grieving – again – over the loss of Eric Garner, who was a father, a husband, a good man – who should be with us."
The decision in the Garner killing by a grand jury comes just over a week after a grand jury in Ferguson, Mo. decided to not indict Officer Darren Wilson for the shooting death of Michael Brown. Peaceful demonstrations along with rioting followed the announcement of that decision. Police Commissioner Bill Bratton met with several elected officials in Staten Island before the decision was announced anticipating the reaction to the decision. Demonstrations were being announced via social media on Wednesday and took place Times Square, Grand Central and Union Square. A gathering was also planned for the nationally televised Rockefeller Center Christmas tree lighting set to take place in the evening.
Several groups including Communities United for Police Reform Justice Committee, Make the Road NY, VOCAL-NY, Center for Popular Democracy, Color of Change, Million Hoodies and Freedom Side announced they are organizing demonstration.
Source: Amsterdam News
24 hours ago
24 hours ago