Lawsuit: Arizona Minimum-Wage Initiative Stiffed Petition Firm for $65,000
Lawsuit: Arizona Minimum-Wage Initiative Stiffed Petition Firm for $65,000
An Arizona employer is stiffing a small-business owner on a completed job, affecting dozens of low-income employees....
An Arizona employer is stiffing a small-business owner on a completed job, affecting dozens of low-income employees.
Sounds like the kind of greedhead Arizonans for Fair Wages and Healthy Families is targeting with its campaign to raise the minimum wage, right?
Wrong — the employer is Arizonans for Fair Wages and Healthy Families. The campaign refuses to pay the last $65,000 of a $965,000 bill to Sign Here Petitions, the company that hired the people who gathered the signatures that put the measure on this November's general-election ballot.
Sign Here owner Bonita Burks sued the campaign on September 21 to recover the balance due. In the meantime, Burks says, she has been unable to distribute final paychecks to the 45 to 50 petition gatherers she hired to get Prop 206 onto the ballot.
It's not as if the minimum-wage campaign can't afford to pay Burks, a Maricopa resident who has owned her own business for 12 years. Though the campaign ran short of money over the summer, its spokesman, Bill Scheel, confirms that Arizonans for Fair Wages expects to receive an influx of $1.5 million in donations any day now.
Scheel says the campaign intentionally shorted Burks' company because it didn't do its job well enough, resulting in tens of thousands in unexpected expenses.
If Arizona voters approve the minimum-wage measure in November, the state's minimum wage would go up to $10 an hour next year and rise to $12 in 2020. Waitresses and others who expect tips would see their wages increase from $5.05 to $7 by 2017, and to $9 by 2020. The ballot initiative also mandates that workers can take between three and five days of earned sick leave annually.
Much of the money for the campaign has come from out-of-state donors as part of a national effort by activists and labor unions. Living United for Change in Arizona (LUCHA), the largest donor, is itself being funded by the Washington, D.C.-based Center for Popular Democracy. The Commercial Workers union Region 8 States Council and California-based Fairness Project are also major contributors.
As New Times reported in August, a member of the political-strategy firm hired by the campaign, Javelina, loaned the campaign $100,000 after it ran short of cash while defending itself from a legal challenge that could have kicked the measure off the ballot.
Scheel, a cofounder of Javelina and spokesman for the campaign, said in August that he gave the campaign the loan on August 4 to cover unexpected expenses from a legal challenge by the Arizona Restaurant Association.
The restaurant owners behind the ARA, an influential organization led by Steve Chucri, one of five Maricopa County supervisors, doesn't want to see minimum wage go up and sued the campaign in an attempt to deny voters the right to decide the question. The ARA's lawyers argued that many of the campaign's signature gatherers were felons or had filled out their forms incorrectly, meaning tens of thousands of signatures should have been tossed. The workers are typically paid $3 to $5 for each signature they collect.
The ARA identified up to 85,000 signatures they claimed were no good, and expected to find even more invalid ones. At least 150,642 valid signatures were needed out of the 271,883 turned in by the campaign.
Yet before a deeper probe of the campaign's signature-gathering process occurred, Maricopa County Superior Court Judge Joshua Rogers dismissed the ARA's complaint because it hadn't been filed on time. The Arizona Supreme Court upheld the ruling on appeal.
The campaign had apparently run out money before the lawsuit was filed, though. On July 19, about two weeks after the July 7 deadline to turn in signatures to the state, Sign Here and the campaign — represented by Scheel — drew up a one-page amendment to their original contract. In the amendment, Burks made clear that the campaign owed $186,884.60 and would assess a late fee of $1,000 per day starting on July 18.
The campaign "understands and agrees that the final invoice amount is requires for [Burks] to pay individuals already-earned monies," the contract states, adding that if Burks is sued by the signature gatherers, the campaign will cover the costs.
Scheel signed the amended contract.
About a month later, Burks says, Scheel promised falsely that the money was on the way.
Burks provided New Times with a screenshot that shows a text exchange with Scheel on Friday, August 19:
"Bill, Please send me a text once the wire has been. Thank you," Burks texted.
"The wire has been initiated," Scheel texted back.
But the following Monday, the money had not materialized in Sign Here's account.
"Sorry," Scheel informed Burks in another text. "We have been on conference calls with the national funders all morning. We've been instructed to hold off any further wires till after the Supreme Court rules on the appeal, which we hope will be Friday."
The state Supreme Court upheld Rogers' ruling on August 30, clearing its final hurdle to make the ballot.
Scheel says Sign Here invoiced the campaign a total of $965,000, of which the campaign paid $900,000.
"We paid 93 percent of everything that was due," he says.
The campaign contracted with Sign Here for more than just making the ballot, he argues: "It was about making sure circulators were qualified. She promised 80 percent validity — it came in at barely 50 percent. That's not acceptable."
The lawsuit cost the campaign $70,000 in legal fees, and Burks' company "nearly put the campaign in jeopardy," he says.
Scheel admits that he doesn't know whether Judge Rogers would have thrown out enough signatures to void the measure, had the ARA's challenge been filed on time.
"No one ever did the math on our side," he says.
But that isn't the issue, Scheel maintains. Burks didn't properly vet the signature gatherers, which cost the campaign $70,000 by leaving a potential vulnerability for the ARA to exploit.
The campaign recouped $33,500 of the legal fees via a settlement with the ARA, Scheel says. Arizonans for Fair Wages could have asked for up to $55,000 in legal fees, but decide to settle rather than prolong the fight, he says.
Scheel also confirms, as he told New Times in August, that the campaign is about to receive $1.5 million in donations from its national backers to pay for marketing and promotion of the measure in the final weeks before the election. Some of that money has already trickled in, he says, and the campaign has used it to pay 15 of the signature gatherers who haven't received checks from Sign Here.
Burks did such a poor job, Scheel says, that according to the campaign's calculations, she owes the campaign $35,000.
Gathering signatures for a ballot initiative can be a good way to make extra money, typically paying between $3 and $5 per signature.
Gathering signatures for a ballot initiative can be a good way to make extra money, typically paying between $3 and $5 per signature.
"She's a small-businessperson who unfortunately and sadly dropped the ball," he says.
Burks says she's upset and frustrated by the situation. Signature gatherers keep contacting her, asking when they'll get their last checks.
"They're hurting bad," she says. "My phone's blowing up every day."
By her account, adding in the $1,000-a-day late fee, Arizonans for Fair Wages now owes her company $143,000.
"I'm standing firm: You owe the money, you need to pay it," she says.
Burks says she doesn't have the money to pay the petition gatherers the remainder of what they're owed and says she made "no profit" on the project. Campaign officials took advantage of Sign Here to make a strong final push to collect more signatures before the July 7 deadline, even though they were broke at the time, she adds.
"They told me in the last week: Get as many as you can because our volunteer efforts suck," she says. The workers came up with an additional 35,000 signatures.
"My team and I, we worked so hard in the 120-degree heat," she says. "I was paying bonuses. I haven't made one damned dime on it. I really wanted to see it happen, for the people."
At least one signature gatherer is suing Burks in Maricopa County Justice Court.
Donna Fox worked for Sign Here before returning home to Kingsport, Tennessee. She has been staying in Scottsdale for the past couple of weeks, making the nearly 2,000-mile trip to resolve the issue.
Fox says her work for Sign Here was impeccable, and that Burks' company owes her $1,320 for her last week's work. She is suing for three times that amount, as allowed under state law.
She could probably make a deal to get her money from Arizonans for Fair Wages, Fox says. "But I don't trust them."
Even if she wins her suit, Fox says she's not sure whether she'll ever see her money. But she's hoping Burks wins her suit against the campaign, which Fox believes treated Sign Here badly.
"This is like Donald Trump strategy," Fox says of Arizonans for Fair Wages. "You can do the work, but we're not paying you. They don't walk the walk they're talking. This is nothing more than business for them."
As for Burks, with whom Fox says she shares a friendly, albeit contentious, relationship: "I chew her out all the time. I tell her she's a complete shithead because she led people to believe the check was in the mail."
The campaign offered to settle the suit for $32,500, Burks says, but she turned them down because it wouldn't cover the money she owes to the petition gatherers.
"My circulators really need their money to pay rent and put food on the table," Burks says. "I believe Arizona Fair Wages just don't care about the people who worked so hard to get their issue on the ballot."
By BY RAY STERN
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Who were the women who confronted Sen. Jeff Flake about Kavanaugh vote in an elevator?
Who were the women who confronted Sen. Jeff Flake about Kavanaugh vote in an elevator?
Two women who said they were survivors of sexual assault angrily confronted Republican Sen. Jeff Flake of Arizona in an...
Two women who said they were survivors of sexual assault angrily confronted Republican Sen. Jeff Flake of Arizona in an elevator Friday morning over his decision to vote yes on Brett Kavanaugh’s nomination to the U.S. Supreme Court.
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Zara stores in NYC accused of discriminating against black employees and customers
According to a new report published by the Center for Popular Democracy, ZARA’s New York City locations have a serious problem with discrimination.
Study author Chaya Crowder writes that Zara has a “documented history of racial insensitivity in its designs, discriminatory treatment of its employees, and prejudice agains its customers.” Zara, as you may remember, is the company that caught flack for items like a bag with a swastika on it, a striped shirt with a gold star that looks very much like what Jews were forced to wear in concentration camps during the Holocaust, and a T-shirt bearing the phrase “white is the new black.” Charming stuff!
So it’s hard to be completely shocked by the report’s conclusions—after surveying employees at six of Zara’s NYC stores (for context, eight of the Spanish retailer’s 53 U.S. locations are in the city), Crowder found that most employees feel workers with lighter skin are treated better. From the report:
Employees of color agreed most strongly that ‘managers show favoritism.’ Many of the employees interviewed felt that favoritism is based on race. One employee stated ‘Managers definitely show favoritism to the Europeans.’ Another employee asserted, ‘The favoritism goes to those that are not African American or Latino’… In general, employees with a longer tenure at Zara identified favoritism, especially race-based favoritism, as an issue.
And, employees say that customers are treated with bias, as well. According to Crowder, Zara workers say that that the code “special order” is used as a way to trail suspected shoplifters in the stores. The people trailed, say employees, are disproportionately black:
A preponderance of employees surveyed mentioned a practice of labeling customers as ‘special orders,’ a security code for suspected shoplifters. Employees overwhelmingly felt that the Zara practice led to Black customers being disproportionately labeled as special orders upon entry to Zara stores.
A Zara spokesperson told the Guardian that “Zara USA vehemently refutes the findings,” adding that Crowder did not try to reach the company.
Zara’s parent company, Inditex, reiterated to Fusion in an email that Zara USA refutes the accusations, adding that the report “was prepared with ulterior motives,” and that “it fails to follow an acceptable methodology for the conduct of a credible objective survey on workplace practices, and instead appears to have taken an approach to achieve a pre-determined result which was to discredit Zara.”
But Zara is currently being sued by a former employee who says he was harassed and later fired because he’s gay, Jewish, and American.
This, of course, is not the first time a major retailer has been accused of discrimination. Back in 2013, sources at Barneys said racism against black customers was part of the culture at the luxury department store.
Zara’s parent company, Inditex, reiterated to Fusion in an email that Zara USA “vehemently refutes the claims,” adding that the report “was prepared with ulterior motives,” and that “it fails to follow an acceptable methodology for the conduct of a credible objective survey on workplace practices, and instead appears to have taken an approach to achieve a pre-determined result which was to discredit Zara.”
Source: Fusion
Austin, Texas: If We Can’t Be a Sanctuary City, How about a Freedom City?
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The ACLU has said it supports advocacy for freedom cities. Sarah Johnson, director for Local Progress, said, “There is...
The ACLU has said it supports advocacy for freedom cities. Sarah Johnson, director for Local Progress, said, “There is an interest from all of our members in Texas and in other states across the country in really pursuing the strongest possible policies to protect immigrants at this time.”
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Don't Raise Rates, Protesters Tell St. Louis Fed
St. Louis Post-Dispatch - March 5, 2015, by Jim Gallagher - About a dozen chilly protesters gathered outside the...
St. Louis Post-Dispatch - March 5, 2015, by Jim Gallagher - About a dozen chilly protesters gathered outside the Federal Reserve Bank of St. Louis on Thursday to complain that the Fed may soon make it harder to find work.
The Federal Reserve is widely expected to raise interest rates later this year, a move intended to prevent inflation in years hence. The protesters complained that higher interest rates can also cut off the jobs recovery.
The Fed represents “the 1 percenters,” said Derek Laney, an organizer with Missourians Organizing for Reform and Empowerment. “They are the big banks, the big corporations, and their mandate is to keep inflation low at all costs.”
People at the bottom of the economic ladder would trade some inflation for jobs, he said.
The protesters complained that the Fed has set a target for inflation at 2 percent — slightly above the current inflation rate — but has no target for reducing unemployment.
Rising rates tend to slow an economic rebound eventually, although there is usually a long lag.
The protest was timed for release of a report by three national advocacy groups, including the Economic Policy Institute, the Center for Popular Democracy and Fed Up: The National Campaign for a Stronger Economy.
The report complained that the boards of the Fed's 12 regional banks, which influence national decisions, are heavy on banking and business executives, but light on representatives of other citizens, such as labor and clergy.
The boards also don't fully reflect their community's racial mix, the report said. For instance, the St. Louis Fed's board is 10 percent black while its multi-state region is 17 percent black, according to the report.
The Federal Reserve Bank of St. Louis did not immediately provide a comment.
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Fed district that includes Charlotte announces new president
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The Federal Reserve Bank of Richmond, which monitors large banks in a district that includes Charlotte, announced a new...
The Federal Reserve Bank of Richmond, which monitors large banks in a district that includes Charlotte, announced a new president on Monday.
Thomas Barkin, chief risk officer for consulting firm McKinsey & Company, assumes the Fed role Jan. 1. He replaces Jeffrey Lacker, who abruptly retired this year after acknowledging he had improperly discussed sensitive information involving Fed policy with an analyst.
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¿Vale la pena quitarle dinero a la policía para apoyar temas como la vivienda, la educación y la salud?
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Un nuevo informe analiza el concepto de 'desinversión de la policía'. La controversial idea es fomentada por activistas...
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One ex-banker's built-in advantage in the Fed chair race: Family ties to Trump
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With Gary Cohn’s chances of becoming chairman of the Federal Reserve diminished, another former banker is waiting in...
With Gary Cohn’s chances of becoming chairman of the Federal Reserve diminished, another former banker is waiting in the wings for the coveted post: Kevin Warsh.
A veteran of both the central bank and Wall Street, Warsh is already high on the White House’s list of possible successors to Fed Chair Janet Yellen. But he has an enviable reference: his billionaire father-in-law, who met Donald Trump in college and is a confidant to this day.
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Arizona special election 2018: ALS patient and activist Ady Barkan stumps for Democrat Hiral Tipirneni
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Read the full article here.
The End of On-Call Scheduling?
Retailers have been ...
Retailers have been under intense pressure from labor groups, regulators, and their own employees to end on-call scheduling—the practice in which shift workers are called to work on short notice, and are often uncompensated if it turns out to be a slow day. On Friday, New York attorney-general Eric Schneiderman’s office announced that J.Crew will end on-call scheduling nationwide this month. The retailer joins Urban Outfitters, Abercrombie & Fitch, Bath & Body Works, Gap, and Victoria’s Secret, which all have announced changes since Schneiderman’s office launched an inquiry into the practice at over a dozen companies.
“After discussion with my office, J. Crew has agreed to end on-call shifts nationwide and to provide one week of advance notice about schedules to employees at all New York store locations,” said Schneiderman in a statement. “Workers deserve protections that allow them to have a reliable schedule in order to arrange for transportation to work, to accommodate child-care needs, and to budget their family finances.”
This is the sixth agreement Schneiderman has reached with a major retailer. In April, the New York attorney-general’s office sent letters to 13 retailers asking for information regarding their scheduling policies: “We have been informed that a number of companies in New York State utilize on-call shifts and require employees to report in some manner, whether by phone, text message, or email, before the designated shift in order to learn whether their services are ultimately needed on-site that day,” said the letter.
The letter expresses concern that the practice might be in violation of a state regulation that employees who report for work must be paid for at least four hours (or the number of hours in a regular shift) of work. It cites the financial and personal strains for workers without predictable schedules—from being unable to work another job or attend school, to the strains of finding childcare last minute. Further, a report by the Economic Policy Institute found that the lowest income workers face the most irregular work schedules.
A spokesperson for Gap Inc. confirmed that all five brands—The Gap, Banana Republic, Old Navy, Intermix, and Athleta—has phased out on-call scheduling globally by the end of September.* L Brand—the parent company for Victoria’s Secret and Bath & Body Works—also confirmed that they have ended the practice nationwide.
Gap is also working on a pilot project with Joan Williams, a professor and director of the Center for WorkLife Law at the University of California Hastings College of Law, and Susan Lambert, a professor at the University of Chicago who studies scheduling issues, on new ways to stabilize worker schedules. Lambert’s researchfound that 64 percent of food-service workers and half of retail workers receive less than a week’s notice for shifts.
For now, the shift away from on-call scheduling seems to be only gaining momentum: Earlier this week, Forever 21 was hit with a lawsuit from a former employee over unpaid on-call scheduling. And, for the seven remaining companies that Schneiderman’s office contacted (the identities of which are unknown), such momentum may soon be overpowering.
Source: The Atlantic
3 days ago
3 days ago