CPD IN THE NEWS

Aljazeera America - July 24, 2014 - The Center for Popular Democracy's Fair Workweek Initiative Director Carrie Gleason joins Aljazeera America to discuss how unfair work scheduling impedes low-wage workers from dignity and justice on the job.

The Boston Globe - April 19, 2015, by Dante Ramos - Because life-threatening crises arise at odd times, people in some fields have days when they’re on call. EMTs get called to accident scenes. Doctors have patients who might fall ill or go into labor at any moment. But do unforeseen variations in sweater sales, or in foot traffic in the housewares department, have the same urgency? Of course not.

Recently, New York Attorney General Eric Schneiderman sent letters demanding information from Gap, Abercrombie & Fitch, Urban Outfitters, and 10 other major retail chains about their use of on-call shifts — periods for which an employee must keep an open schedule but might not end up working.

Instead of simply reporting for work, the employee has to check in with a supervisor a few hours in advance. If she gets called in, she may have to scramble for a babysitter. If she doesn’t get called in, she doesn’t get paid, and it’s too late to get a shift on a second job. “People will be scheduled for eight on-call shifts in a pay period and only get called in for one shift,” says attorney Rachel Deutsch of the Center for Popular Democracy, a labor advocacy group.

Some of the retailers Schneiderman targeted have written the practice into their employee handbooks. Others, such as JC Penney, told reporters last week they have policies against it. Still others have responded cryptically to reporters’ inquires; TJX, the Massachusetts-based discount giant, told CNN Money that its schedules “serve the needs” of workers and the chain. I contacted the company to clarify, but it didn’t respond.

On-call shifts are a new frontier: They’ve proliferated at big chains because of just-in-time scheduling software, which uses up-to-the-minute data to maximize sales while minimizing the number of employees on the clock at slower times. Statistics are hard to come by, although a 2011 survey by Retail Action Project, another advocacy group, found that 43 percent of New York City retail workers were assigned to on-call shifts sometimes or often. Until Schneiderman’s office started sending out letters, the practice had attracted little regulatory attention. (In Massachusetts, the attorney general’s office is watching what happens in New York, but hasn’t taken similar action.)

Despite their relative novelty in retail, on-call shifts speak to an age-old tension. Economic life is full of uncertainty. How much should employers bear, and how much should fall on workers? Jon Hurst, president of the Retailers Association of Massachusetts, argues that stores face stiff competition from e-commerce and survive at the mercy of the customer who, he says, “moves on a dime.” He adds, “If you choose to work in retailing, you have to live with the consumer.”

In other sectors, though, people who work on call are often paid salaries that presume some unpredictability, or they’re paid for the time they spend waiting around. Deutsch used to work as a union rep for hospitals in the Bay Area. One hospital, she says, had a handful of technicians on staff who performed echocardiograms during the workday. After hours, there was a technician on call, who was paid half-time for those shifts even when there was no work.

A key difference: Echocardiogram techs have a specialized skill. Entry-level retail workers don’t, and those averse to on-call shifts are easily replaced.

Businesses aren’t social-service agencies. To rely on employers as guarantors of health care and retirement security, as the US government did after World War II, is to assume they and their workers want to be bound together intimately, for decades on end. But at the other extreme, companies that treat employee relationships as fleeting and transactional — the workplace equivalent of a one-night stand — will end up with lots of churn in their ranks.

Or they’ll be subject to lots of government mandates. Responding to a variety of complaints about unpredictable schedules, San Francisco last year approved a far-reaching “retail worker bill of rights” that, among other things, requires employers to post schedules weeks in advance. A proposed Massachusetts law has similar provisions. Hurst points out that parts of the bill would have hamstrung local retailers in February, when sales plunged during a four-week Ice Age.

Retail chains can forestall such rules by changing their ways. When stores train workers to do more than scan tags and say “I can help who’s next,” those workers can improvise. They might tend to customers during a sudden rush while prioritizing other jobs, like restocking shelves, at slower moments. If employers still believe they need on-call shifts, they can simply guarantee employees some pay for those periods. Ideally, chains would do so voluntarily. In practice, some will need a regulatory nudge.

When retailers can claim free options on hourly workers’ time, they have no incentive to make firm decisions in advance. But no one likes being strung along, and no one’s life is infinitely flexible.

Soure

Gap Inc. is the latest retailer to end its practice of requiring workers to remain on-call for short-notice shifts following an inquiry from New York’s attorney general.

A spokeswoman for the San Francisco-based retailer says the decision also applies to Gap’s other brands, including Banana Republic, Old Navy and Athleta and was part of an effort to “improve scheduling stability and flexibility” for workers.

Spokeswoman Laura Wilkinson says the change will apply “across our global organization” and that the company is working to establish scheduling systems giving store employees at least 10 to 14 days’ notice.

Attorney General Eric Schneiderman’s office sent letters to Gap and 12 other retailers earlier this year questioning them about on-call scheduling, which required hourly workers to stay on-call for shifts set the night before or the same day, giving them little time to arrange for child care or work other jobs.

“Workers deserve stable and reliable work schedules, and I commend Gap for taking an important step to make their employees’ schedules fairer and more predictable,” said Schneiderman, a Democrat.

Abercrombie & Fitch and Victoria’s Secret also ended the practice this summer.

Carrie Gleason, director of the Fair Workweek Initiative at the Center for Popular Democracy, said in a statement that Gap’s decision reflects not only Schneiderman’s concerns but also a new ordinance in San Francisco requiring chain retailers to set schedules in advance. Similar proposals are pending before other city governments.

“Working people in hourly jobs are starting to speak out about the impact that employers’ scheduling practices has on their lives,” Gleason said in a statement.

Source: CBS DC

CBSNew York - February 11, 2014 - Undocumented immigrants and their supporters are cheering Mayor Bill de Blasio’s plan for creating city identification cards this year. But, as WCBS 880′s Alex Silverman reported, they also want to make sure New York gets it right.

During his State of the City address Monday, de Blasio vowed to make municipal ID cards available to all residents in 2014 regardless of their immigration status, “so that no daughter or son of our city goes without bank accounts, leases, library cards, simply because they lack identification.”

“To all of my fellow New Yorkers who are undocumented, I say: New York City is your home, too, and we will not force any of our residents to live their lives in the shadows,” he said.

Aracely Cruz said she’s been waiting 10 years to hear a promise like de Blasio’s.

“I face fear every day,” she said. “I don’t trust anybody.”

Cruz was among the immigration reform proponents who gathered at a news conference Tuesday in lower Manhattan. Also in attendance were a mother who wants the freedom to walk into her child’s school and a day laborer who says he has spent 15 years in Queens with nothing to show to prove he’s part of the city.

City Councilman Carlos Menchaca, D-Brooklyn, head of the Immigration Committee, said members are drafting a bill to create the cards and plans to hold a hearing on the matter within the next month.

“We’re not going to wait for a federal government to give us reform,” he said.

“We’re tired of Congress failing us and failing our families,” said Linda Sarsour, executive director of the Arab American Association of New York. “And what we do in New York is we don’t wait for Congress.”

One concern advocates such as Steve Choi, executive director of the New York City Immigration Coalition, have is “we have to make sure we are ensuring trust, that the city agencies, such as the library and the police, are able to really accept these municipal ID cards without fear that folks are going to be branded somehow.”

Brittny Saunders, a lawyer with the Center for Popular Democracy, said other cities have created an incentive for citizens to also obtain the cards ”by connecting up these IDs with discounts at local businesses.”

Donna Lieberman, executive director of the New York Civil Liberties Union, agreed the ID cards should be used for all New Yorkers, not just undocumented immigrants.

“I, for one, intend to get a municipal ID because I want to use the ID that’s accessible to all New Yorkers,” she said.

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