CPD IN THE NEWS

An internal memo from a Starbucks executive this week urged store managers to "go the extra mile" to improve workers' schedules.

The letter was distributed on Tuesday and refers to a New York Times story that was set to be published the following day titled, "Starbucks falls short after pledging better labor practices."

The Times story referred to a survey by the nonprofit advocacy group Center for Popular Democracy.

Based on interviews with 200 baristas in 37 states, the survey says Starbucks "is not living up to its commitment to provide predictable, sustainable schedules to its workforce."

In 2014, Starbucks said it was changing its policies telling managers to post schedules at least a week in advance and not make store employees work an opening and closing shift back-to-back.

In this week's memo, Cliff Burrows, Starbucks (SBUX) group president of the U.S. and Americas, said the findings of the new survey "suggest" that neither commitment was being met -- "contrary to the expectations we have in place."

In his letter, Burrows urges managers to improve scheduling for coffee baristas, who the company calls partners.

"To our store managers, I want to stress that as we continue to evolve and improve the usability of our system, we have to go the extra mile to ensure partners have a consistent schedule -- free of back-to-back close and open shifts that are less than 8 hours apart -- that is posted 2 weeks in advance," he wrote.

Source: CNN Money

The subject has been bubbling up in Seattle public discourse for around six months now. Last fall, local progressive labor advocacy organization Working Washington and Starbucks baristas protested their inconsistent and unpredictable work schedules, which labor advocates say act as barriers for low-income workers to scheduling life necessities like college classes or childcare or budgeting living expenses. A few months later, in his 2016 state of the city speech, Mayor Ed Murray highlighted secure scheduling as a key low-wage worker equity issue and said his office would work with the City Council to address it.

“We know that having a secure schedule of hours helps workers plan their budget, plan for childcare, enroll in school or take a second job – and we know schedule predictability will most help low-wage hourly workers,” Murray said in his speech.

SECURE SCHEDULING

Here are a couple chances to get involved or learn more: Thursday night, “join a live tele-town hall over the phone and over the internet about the fight for secure scheduling in Seattle. When: 6:00 pm, Thursday, May 26, 2016. Where: You can listen in live over the phone by calling 855-756-7520 Ext. 32020#, or join live online athttp://workingwa.org/ourtimecounts/townhall.” On Friday, the committee will hear from Lonnie Goldan, a researcher at the Economic Policy Institute who has studied the issue, on her findings and national data. Tune in to Seattle Channel at 9:30AM to watch. On June 16th,Working Washington is holding a “Secure Scheduling Story Slam.”

With a $15 minimum wage already under Seattle’s belt, City Hall along with labor and business interests have turned their attention to the next big issue affecting the city’s proletariat and their bosses: secure scheduling.

“The response has moved pretty quickly from when workers first spoke out about it, and that’s heartening. There’s been a tremendous amount of support expressed by both the council and the mayor’s office on the need to move forward and do something to address secure scheduling,” said Sage Wilson, a spokesperson for Working Washington. “This is a really urgent issue for workers week to week.”

“Clopenings” — when a worker works a late-night closing shift and is also directed to work a early-morning opening shift with only a few hours in between

On March 8th, the mayor’s office convened a group of stakeholders of both labor and employers representing—including representatives from the likes of Working Washington, the Washington Restaurant Association, the Seattle Chamber of Commerce, and unions like SEIU 775 and UFCW Local 21—who have been meeting separately and then “reporting out” regularly to the the city council’s committee on Civil Rights, Utilities, Economic Development & Arts (of which Herbold is the chair and District 3’s own Kshama Sawant is a committee member) on their discussions to help inform the Council. The mayor’s office says these stakeholders will be submitting formal recommendations to the council at some unidentified date.

The council committee has also been bringing in experts on the issue and model secure scheduling ordinances. Last week, the committee heard from representatives from the Center for Center for Popular Democracy (CPD)—a non-profit left advocacy group—on their model secure scheduling policy and the San Francisco Office of Labor Standards Enforcement, who enacted their own scheduling ordinance specifically for retail workers several years ago.

The Council and the mayor’s office also commissioned a study from researchers at the University of Washington Evan’s School of Public Policy and Governance on the state of irregular scheduling in Seattle, including focus groups and a employer/manager survey of scheduling practices. The study is slated to come back on July 4th.

The plan, according to staffers in Herbold’s office, is to keep meeting with the stakeholders, receiving input from experts and looking at available data into early June, after which Herbold’s office will start drafting the actual policy.

The claims of Working Washington and picketing Starbucks baristas have merit. Researchers in addition to advocates have documented the impacts of unpredictable scheduling on workers (especially employees receiving hourly compensation), namely the association between irregular schedules and work/family conflicts (like picking up kids from school or childcare), the inability to schedule and maintain routines (e.g college classes or other jobs), and general increased worker stress from having to be on-call all the time. These types of jobs are concentrated in the retail, food service, hospitality, and healthcare industries.

Last year’s report from the Restaurant Opportunity Center on the state of the restaurant industry in Seattle showed that 26% of local restaurant workers receive their schedules less than a week in advance and 30% see schedule changes every two weeks. And women and people of color (who are heavily represented in low-wage food industry jobs) are disproportionately impacted by erratic scheduling.

“The issues that we’ve heard most about from workers are about two weeks advance notice of schedules”

The utilization of new scheduling software by employers and managers has been identified as a major cause of irregular scheduling. Starbucks has come under fire in recent years for its scheduling policies, specifically its utilization of scheduling software designed to maximize company efficiency by predicting store traffic and corresponding required staffing levels when and where. Advocates say the software incentivizes managers to under-staff stores, keeps employee hours at part time levels (which also allows employers to avoid giving full-time employee benefits and overtime), and quickly patch together weekly schedules from a large pool of part-time employees, often with little advance notice for the employee.

One of the often cited extreme results of digitized, maximum-efficiency scheduling is “clopenings,” when a worker works a late-night closing shift and is also directed to work a early-morning opening shift with only a few hours in between.

Advocates want to see these issues addressed in any future policy in Seattle.

“The issues that we’ve heard most about from workers are about two weeks advance notice of schedules,” said Wilson of Working Washington. “There’s access to hours. before companies hire more and more extremely part time workers, they should give more hours to employees they already have. And then there’s the eliminating ‘clopening shifts’ and the right to rest. You should have the ability to rest at least eleven hours between shifts.”

What the final ordinance will look like is still unclear, though based on the arch of the committee and stakeholder discussions, we know what they’re considering. It’s a balancing act between the real need to crack down on scheduling policies that leave employees at the mercy of their employer and employer’s legitimate need for scheduling flexibility, such as when a restaurant gets slammed during a understaffed dinner rush or someone calls in sick.

There is a potential ways to find that middle ground, as was illustrated at last Tuesday’s committee meeting and presentations on CPD’s model ordinance and San Francisco’s own retail worker secure scheduling ordinance. Both the CPD and San Francisco model use a “predictability pay” mandate as an incentive for employers to give workers adequate notice, where employers would compensate a worker for an hour’s worth of wages if they fail to provide a schedule two weeks or more in advance, and then dialing it up for schedule changes or notices that occur within 24 hours by raising the mandated compensation to two to four hours of pay. The San Francisco ordinance does provide exceptions for employee initiated shift swaps, like when an employer needs another worker to cover the shift of an employee who is out sic). Both models also require that employers must make hours available to veteran employees before hiring more part-time employees, a requirement aimed at combating the proliferation of part-time employee labor.

“The policy is designed to both preserve the flexibility that workers and employers need in making work schedules while also promoting stability for hourly workers,” Rachel Deutsch of the CPD told the Council.

District 3’s Kshama Sawant told CHS that she wants to see a policy that affects all businesses in Seattle, not just big retail and foodservice businesses. San Francisco’s ordinance is structured to only affect big box retailers.

“While it’s true that the issue is experienced more by workers in the service industry and retail industry, like Starbucks, the best way to ensure secure scheduling for all workers is to ensure a citywide policy for all businesses across Seattle,” Sawant said.

Naturally, the issue pits the local labor and employer camps duking it out during Seattle’s $15 minimum wage debate against each other yet again. However the tone and dynamic of the debate in this round, is a little different, along with the format. While the Seattle Chamber of Commerce has indicated that it is certainly uncomfortable with the secure scheduling initiative and initial stakeholder discussions with council committee back in March resulted in the employer representatives claiming that scheduling wasn’t really a problem, loud pushback from the business community has been noticeably lacking in recent weeks.

“It was the early committee meetings that employers were spending time and energy to try and deny that scheduling was a problem,” said Wilson. “One the things that has happened through the stakeholder process is that employers have stopped trying to make that case. They’re largely in agreement [with labor] that people should have predictable schedules.”

Sierra Hansen, head of the Capitol Hill Chamber of Commerce, said that the issue is barely on the radar of the chamber’s board and that she hasn’t heard anything about it from member businesses.

“I would prefer we draft an ordinance and then debate it rather than closed room discussions and that the public got involved”

Wilson with Working Washington attributes the change in the dynamic of the stakeholder group conversations to the political climate of the city, the unity between the executive and the council to push the issue, and previous local labor victories, like $15 and paid sick and safe leave.

“It does seem to me to be both a product of the process as well as a strong consensus on Council and the mayor to do something on this,” said Wilson. “[And] the mood of the city is pretty clear: people want workers to have basic rights.”

Sawant, who was voted into office on her fiery platform of rent control, a $15 dollar an hour minimum wage, and a fundamental change in labor and equity in the city, said that the stakeholder workgroup process is “not an approach that I would choose.”

“I would prefer we draft an ordinance and then debate it rather than closed room discussions and that the public got involved,” said Sawant. “That’s how we won $15 dollar an hour, that’s how we won the SHA rent hikes. A lot of historic things have happened, and that’s because of the approach of my office.”

“What was different around $15 was that we were very clear. If you were for $15 you were with working people and had to go up against big business and be courageous about that,” Sawant said. “I know that there is this narrative from the mayor and big business and Tom Douglas that we won 15 because we all came together and agreed to raise the minimum wage. That’s absolutely untrue. The reason we won 15 is because we had a mass movement in Seattle.”

by Josh Kelety

Source

Brooklyn Daily Eagle - October 23, 2014, by Matthew Taub - Hundreds of tipped and low-wage workers and advocates, including fast food, car wash and other low-wage workers, rallied outside a Domino’s Pizza location in Harlem before marching to the second public hearing of Gov. Andrew Cuomo’s Wage Board, where they testified and called on the Wage Board to eliminate the sub-minimum wage for the 229,000 tipped workers in New York state.

“In an increasingly unaffordable city, tipped workers remain among the lowest-paid hourly workers,” said New York City Public Advocate Letitia James, who joined the workers at the rally and wage board hearing.  “An hourly wage of $5 an hour is simply not sustainable for an individual or a family. Now is the time to ensure that low-wage workers receive a fair and sustainable income.  I join the many voices today calling on Gov. Cuomo to help bring fair wages to these industries.”

Employers in New York are allowed to pay less than the minimum wage — just $5 an hour — to restaurant servers, delivery workers and other service workers. Employers are legally required to “top off” a tipped worker’s pay when it falls short of the regular minimum wage, but lax enforcement enables employers to routinely violate minimum wage, overtime and other wage and hour laws with minimal repercussion.

“We work very hard and deserve a raise, just like other minimum wage workers in this state,” said Juana Tenesaca, a tipped worker and member of Make the Road New York. “I have worked as a waitress for years, earning the tipped minimum wage, and it’s impossible to raise my children never knowing how much money I’ll bring home at the end of the day. My daughter had to get a job while she was still in high school to help support our family and that breaks my heart.”

A July report by the National Employment Law Project finds that eliminating the sub-minimum wage would benefit an estimated 229,000 tipped workers in New York. 

“Tipped workers are employed in industries like hospitality that are among the fastest growing in today’s economy,” said Tsedeye Gebreselassie, senior staff attorney at the National Employment Law Project.  “If we want to stimulate consumer spending and boost our local economies, we need to make sure that the growing number of New Yorkers relying on these jobs actually have money to spend on basic necessities at their neighborhood stores.”

“Having to live entirely off tips means the customer is always right, which means I’ve had to put up with unwanted advances and uncomfortable situations from guests,” said Ashley Ogogor, a tipped worker and member of Restaurant Opportunities Center-United. “The guest shouldn’t have to feel pressured at the end of the night to pay me a decent wage. If seven other states can require restaurant owners to pay their employees a full minimum wage, so can New York.”

As part of last year’s legislative deal to increase New York’s minimum wage to $9 an hour by Dec. 31, 2015, the sub-minimum wage for tipped workers was set to automatically rise in proportion to the full minimum wage whenever the latter is raised with one exception: workers in the hospitality industry. The final deal froze these workers’ wages at $5 an hour and instructed Gov. Cuomo’s Department of Labor to convene a “wage board” to determine whether these workers will get a raise, and if so, by how much.

“We call on Gov. Cuomo and the wage board to do whatever it takes to lift up working families in the Empire State,” said Tony Perlstein, campaigns co-director for the Center for Popular Democracy. “Wealthy restaurant employers shouldn’t receive special treatment that allows them to pay poverty wages to working New Yorkers, including the women who make up more than two-thirds of the tipped wage workforce. Seven states have already eliminated their sub-minimum wages, and more are seriously considering it. Their restaurant sectors are not suffering for it, and in fact are thriving.”

The wage board, consisting of Timothy Grippen, Retired Broome county executive; Heather C. Briccetti, president and CEO of the Business Council; and Peter Ward, president of the New York Hotel Trade Council, heard hours of testimony detailing how New York’s tipped subminimum wage fuels unstable paychecks and poverty for thousands of workers, particularly women, across the state.

“People want to work hard at a place where they feel valued,” said Amado Rosa, a tipped worker at a Thai restaurant and a member of Make the Road New York. “Being paid $4 or $5 an hour does not make a worker feel validated and does not generate enough income to support a single person or a family. I have faced many hardships over the years, and my anxiety stemmed from not knowing what my take-home pay would be in a given week.”

The poverty rate among New York’s tipped workers is more than double that of the regular workforce. Seven states across the country have adopted policies requiring employers to pay tipped workers the full minimum wage and have shown that eliminating the sub-minimum wage reduces poverty without slowing job growth. In fact, according to projections by the National Restaurant Association in their 2014 Industry Forecast, all of the states that require employers to directly pay the full minimum wage to tipped workers are expected to have greater restaurant job growth than New York in the next decade — in most cases, much greater.  Tipped workers are already being paid $9 or more in California, Washington and Oregon, and will soon be getting raises to over $9 in Minnesota, Hawaii and Alaska.

“More than 3 million New Yorkers work low-wage jobs, and they need our state government officials on their side,” said Michael Kink of the Strong Economy for All Coalition. “New York needs a one-two punch for good jobs: a big increase in the minimum wage, and elimination of the second-class sub-minimum wage for tipped workers. This combination could boost the paychecks of millions of workers and help revive the New York economy from the ground up — the Wage Board should take direct action to provide one fair wage to a quarter-million tipped workers to get us moving now.”

Advocates who testified at today’s hearing are members of Raise Up NY, fighting for #1FairWage, a coalition comprised of tipped workers, the National Employment Law Project, Make the Road New York, the Center for Popular Democracy, Fast Food Forward, New York Labor-Religion Coalition, New York Communities for Change, ROC-NY, ROC-NY affiliate of Restaurant Opportunities Centers (ROC) United, Strong for All, United New York, Citizen Action New York, Tompkins County Workers Center, Worker Center of Central New York, Metro Justice, Coalition for Economic Justice, Alliance of Communities Transforming Syracuse (ACTS) and other community groups and advocates around New York State calling for the elimination of New York’s sub-minimum wage for tipped workers.

Source

A 33-year-old father battling ALS, also known as Lou Gehrig’s disease, was flying home last week after traveling to Washington, D.C., to protest the tax bill when he came face-to-face with one of the lawmakers he most hoped to influence. 

Ady Barkan and others had spent a week trying to get lawmakers' attention and giving speeches outside their offices.

Read the full article here.