Contractors and Workers at Odds Over Scaffold Law
New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of...
New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of the skyscraper, lawmakers in New York State enacted a law intended to safeguard construction workers who were finding themselves facing increasing dangers while working at ever-greater heights.
That measure, which became known as the Scaffold Law, required employers on building sites to ensure the safety of laborers working above the ground. Since then, some form of the legislation has remained on the books despite repeated attempts to repeal it.
But a lobby of contractors, property owners and insurers has in recent months renewed a campaign against the law, arguing that no less than the future of the state’s construction industry is at stake.
They argue that the law is antiquated and prejudicial against contractors and property owners, and essentially absolves employees of responsibility for their own accidents, leading to huge settlements. The payouts, they contend, have in turn led to skyrocketing insurance premiums that are hampering construction and the state’s economic growth.
On Tuesday, a coalition of contractors, including a newly formed alliance of firms owned by women and minorities, announced the start of an advertising and lobbying blitz in Albany and New York City. But a counter-lobby of unions, workers’ advocates and trial lawyers is pushing back just as fiercely. The law, they argue, is essential to ensuring the safety of workers in some of the world’s most dangerous jobs, particularly those employed by shoddy contracting firms that cut corners to save money. The law, they say, holds developers and contractors accountable for keeping job sites safe.
Gov. Andrew M. Cuomo this week acknowledged the politically loaded atmosphere surrounding the Scaffold Law, but suggested that he was open to the possibility of modifying the law.
The law states that contractors and property owners are responsible for ensuring that scaffolds, hoists and other devices that enable aboveground building construction and repair “shall be constructed, placed and operated as to give proper protection to a person so employed.”
When injuries result from a violation of those terms, the law says, contractors and owners are liable. There is no mention of worker responsibility. Under the law, however, the plaintiff still must show that a violation of the law’s standards occurred and that the violation caused the injury.
But those seeking to change the law want to incorporate a standard of “comparative negligence.” This amendment — described in a state bill submitted earlier this year — would require a jury or arbiter to consider whether the liability of the defendants, and thus the amount of damages, should be reduced for cases in which the worker’s negligence or failure to follow safety procedures contributed to the accident.
Opponents argue that the amendment would reduce the incentive for the property owner and contractors to take necessary safety precautions.
“This law protects both union and nonunion workers and creates a sense of accountability on these job sites,” said Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York, an umbrella group for unionized construction workers. “If the law was modified, the workers would lose their voice.”
But those seeking to alter the law say the amendment would not eliminate the owners’ and contractors’ motivation to keep their workplaces safe because they would still face the possibility of shouldering large payouts, even if they were found only partly responsible for an accident.
“The notion that a contractor or owner would want to do anything to undermine the safety of the worker on the job doesn’t make sense,” said Pamela Young, associate general counsel of the American Insurance Association.
Workers’ advocates argue that erosion of the Scaffold Law would have a disproportionate impact on minority and immigrant laborers, who, the advocates say, are more likely to work for nonunion companies that may not provide proper safety training and equipment.
Immigrants, the advocates said, are less likely to speak the same language as their bosses on a job site and more likely to fear being fired if they demand a safer workplace.
From 2003 to 2011, federal safety regulators investigated 136 falls “from elevation” that killed workers on construction sites in New York, according to a recent report by Center for Popular Democracy, an advocacy group. Of those workers, about 60 percent were Latino, foreign-born or both. That rate rose to 88 percent among fatal falls in New York City.
Some trial lawyers have been effective at using the law to secure large settlements. Of the 30 largest settlements in 2012, at least 14 were in cases brought under state labor laws and most of those involved falls from ladders or scaffolding, according to The New York Law Journal. The awards ranged from $3 million to $15 million.
Weislaw, a Polish immigrant, was the plaintiff in a liability case that was settled last month. (He spoke on the condition that his surname not be used in this article, out of concern for his privacy.) He had been part of a crew repairing the roof of a one-story public school building in Long Beach, on Long Island. While he was working on the roof one spring day in 2010, he was concentrating so hard on his task that he lost track of the edge of the roof and fell, he said, suffering multiple fractures.
“I will most likely never be able to return to work,” he said.
Weislaw filed a lawsuit under the Scaffold Law arguing that he had not been provided with proper protection, such as a safety line or a spotter.
The case settled for $2.7 million, said David Scher, a lawyer from the firm that represented him.
Critics of the Scaffold Law say the way it is written makes these sorts of cases easy to win.
“It’s a gold mine for the plaintiffs’ bar,” said Mike Elmendorf, president and chief executive of Associated General Contractors of New York State. “When you get one of these cases, it’s largely about how much it’s going to cost.”
These high payouts, he and others contend, have driven up insurance rates, knocking smaller contractors, particularly those run by minorities and women, out of business and forcing others to suspend work, costing thousands of jobs.
They argue that the impact is as high on government projects as it is on private ones, and that the soaring cost of liability insurance is forestalling the repair and construction of public works projects, such as schools, bridges and roads. The New York City School Construction Authority said in a statement on Monday that its liability insurance costs for 2014 would be nearly as much as those for the three-year period from 2011 to 2013.
But in recent weeks, the law’s defenders have employed a new gambit, demanding that the insurance companies open their accounting ledgers to prove whether the Scaffold Law is, in fact, responsible for the rate increases. Insurance executives have vowed to fight any demands to disclose proprietary information that might somehow undermine their competitive advantages.
State Assemblyman Francisco P. Moya, a Democrat who represents a heavily immigrant and Latino area of Queens, said he planned to submit a bill that would expand reporting requirements for insurance companies and help lawmakers assess whether the Scaffold Law needed to be changed.
“Show us how much the payouts are,” Mr. Moya said. “Once we see that, we’ll have a better understanding.”
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Letter to the Editor: Proposed Legislation in Maryland Would Sacrifice Standards of Charter Schools
Washington Post - March 3, 2015, by Anne Kaiser - I share The Post’s interest in a healthy environment for charter...
Washington Post - March 3, 2015, by Anne Kaiser - I share The Post’s interest in a healthy environment for charter schools in Maryland, as expressed in the Feb. 25 editorial “ Give charter schools a chance.” However, this goal cannot be achieved unless we maintain the high standards for accountability, equity and quality required by Maryland’s charter school law.Over the past decade, I have seen troubling results in states that lowered their standards. A 2014 Center for Popular Democracy report found $100 million in fraud, waste and abuse by charter schools in 14 states and the District. The National Education Policy Center found that charter school teachers face significantly lower compensation and poorer working conditions, leading to high turnover rates and the hiring of unqualified teachers. Michigan, Ohio, Delaware and Pennsylvania have seen wasted taxpayer dollars in their race to expand charter schools.Gov. Larry Hogan’s (R) legislation follows in these flawed footsteps by granting a disproportionate share of funding to charter schools at the expense of traditional public schools, permitting uncertified teachers, allowing union-busting by charter school operators and weakening safeguards for accountability. I will work hard through the legislative process to remove these harmful provisions so that we support charters without sacrificing standards.Anne Kaiser, Annapolis The writer, a Democrat, represents District 14 in the Maryland House, where she is majority leader.Source
Warren met privately with 'Draft Warren' supporters
Elizabeth Warren says she has no intention of jumping into the 2016 race, but she recently met behind closed doors with...
Elizabeth Warren says she has no intention of jumping into the 2016 race, but she recently met behind closed doors with members of a movement that’s urging her to run.
The Massachusetts senator held a private meeting April 22 with a small group of progressive leaders from across the country — including some vocal “Run Warren Run” supporters who continue to hold out hope that she’ll enter the presidential race.
In an hourlong meeting with her staff and a 30-minute meeting with Warren, the group of about a half-dozen top progressive activists — including three who are active in the movement — did not discuss the draft campaign. Instead, the conversation focused on issues of social and racial justice. The activists highlighted specific issues the senator can use to influence the presidential debate in 2016 and, they hope, push Hillary Clinton to the left on issues including police brutality, immigration reform, prison privatization, and reducing fees to promote naturalized citizenship, among others.
The meeting’s purpose was to see “how Elizabeth Warren, with her platform, could work with us to move a progressive vision for the country and really engage with communities of color,” said attendee Jonathan Westin, director of New York Communities for Change. “That goes hand in hand with what she’s already doing.” Warren is addressing problems that are “part and parcel of what we believe is wrong with this country,” he said.
An aide to Warren maintained that the senator did not know the group she was meeting with had any connection to the Run Warren Run campaign until POLITICO informed her office. “The point of the meeting was to discuss economic and social justice issues,” the aide said. “As Sen. Warren has said many times, she does not support the draft group’s efforts and is not running for president.”
But Westin is a vocal supporter of the campaign to draft Warren and, as a co-chair of New York’s Working Families Party, voted last February for the political party to join the “Run Warren Run” coalition. Just weeks before the sit-down with Warren, he wrote a blog post for MoveOn.org calling for her to run for president. His co-author on the piece, Katelyn Johnson, executive director of Chicago’s Action Now Institute, also attended the sit-down with Warren.
“Elizabeth Warren is not the only candidate who could ensure a robust presidential primary, but she is the best,” they wrote. “[Warren] is the one who can truly give Clinton a run for the money and yes, even has a shot to win the nomination. We urge Warren to acknowledge the importance of this political moment and enter the race.”
At the meeting with Warren, they were also joined by Daniel Altschuler, managing director of the Make the Road Action Fund, which is also on the advisory council of the Working Families Party and supports the draft Warren movement. But no effort was made during the meeting to urge the senator to enter the race.
“This was about someone who we want to be sharing the issues that are affecting communities of color and working-class communities to make her the strongest possible champion on those issues,” Altschuler said. “The senator has been a tremendous champion on issues of the financial system run amok and income inequality. We think that a lot of the issues affecting our communities are tied to those big financial systems; we wanted to share some of the issues we’re working on.”
Some in the group — which included Shabnam Bashiri from Rise Up Georgia; Bill Bartlett from Action United, a Pennsylvania group; and Brian Kettenring, co-executive director of the Center for Popular Democracy — privately pointed out that November 2016 is a long way off and insisted there is still plenty of time for Warren her to get in the race if she decides to do so.
If Warren wants the group to stand down, the meeting with some of its diehard supporters did little to advance that goal.
“I would still love to see her run for president,” said Westin, speaking after the meeting. “Connecting with the grass-roots groups is a very big piece of how we continue to amplify her message. People are getting away with murder — literally and figuratively, on Wall Street.”
The Run Warren Run campaign was launched in December by Democracy for America and MoveOn and coordinates with Ready for Warren, another group urging the senator to run. In a letter to the Federal Election Commission from her attorney last August regarding the Ready for Warren PAC, Warren said she “does not, explicitly or implicitly, authorize, endorse, or otherwise approve of the organization’s formation or activities.”
But many who met with her last month share the position that Clinton needs a serious primary challenger.
“The Democratic Party needs a contested primary,” said Jennifer Epps-Addison, director of Wisconsin Jobs Now, who also was in the Warren meeting. “Black folks in our communities have been systematically attacked. It’s not simply about police brutality. Our goal in talking to Warren was to make those connections the same way we did during the civil rights movement.” She said her goal is to get Warren “to be talking about racial justice as part of her progressive message.”
While she is not part of the movement to draft Warren, Epps-Addison added, “We feel that many Democrats are not speaking truthfully to the values that many of the base and voters are concerned about, including black folks.”
In the absence of a competitive Democratic primary, however, some progressives are hoping they can at least push Warren to be the party’s agenda-setter.
“For Sen. Warren, you’re seeing her evolve from a very effective advocate on a set of issues into more of a movement leader and a party leadership role,” said Kettenring. “We’re all evolving, and she is, too. That’s part of the dynamic at work here. Some of the people I know who were in the ‘draft Warren’ movement are people we work with and know, because they’re part of the broader progressive ecosystem. I’d say more of us are stepping up to define the terms of the debate.”
Read more: http://www.politico.com/story/2015/05/warren-met-privately-with-draft-warren-supporters-117671
Low-Income Tenants Fight for Affordable Housing, Protest Proposed Trump Cuts
Low-Income Tenants Fight for Affordable Housing, Protest Proposed Trump Cuts
WASHINGTON – More than 700 people from 16 states rallied Wednesday at a Capitol Hill church to oppose the Trump...
WASHINGTON – More than 700 people from 16 states rallied Wednesday at a Capitol Hill church to oppose the Trump administration’s proposed $6.2 billion cut to federal housing programs.
Protesters held signs while shouting, “Housing is our right,” “Stop selling our neighborhoods to Wall Street,” and “No cuts to housing.”
Read the full article here.
Activists Protest Universities Over Investments In Puerto Rico Bondholders
Activists Protest Universities Over Investments In Puerto Rico Bondholders
A coalition of social and economic justice groups has launched a one-week campaign to end what they view as problematic...
A coalition of social and economic justice groups has launched a one-week campaign to end what they view as problematic university investments. The New York-based Center for Popular Democracy (CPD) and partner organizations including three Make the Road branches will hold six protests along the East Coast, calling on Columbia, Harvard and Yale to pull their investments out of hedge funds that hold Puerto Rican debt and have advocated austerity measures in the U.S. territory, leading to mass school closings and higher tuition costs.
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Elevated Level of Part-Time Employment: Post-Recession Norm?
Wall Street Journal - November 12, 2014, by Nick Timiraos - Nearly 7 million Americans are stuck in part-time jobs that...
Wall Street Journal - November 12, 2014, by Nick Timiraos - Nearly 7 million Americans are stuck in part-time jobs that they don’t want.
The unemployment rate has fallen sharply over the past year, but that improvement is masking a still-bleak picture for millions of workers who say they can’t find full-time jobs.
Martina Morgan is deciding which bills to skip after her hours fell at Ikea in Renton, Wash. Sandra Sok says she’s been unable to consistently get full-time hours after she transferred to a Wal-Mart in Arizona from one in Colorado.
In Chicago, Jessica Davis is frustrated by her schedule dwindling to 23 hours a week at a McDonald’s even though her location has been hiring. “How can you not get people more hours but you hire more employees?” the 26-year-old Ms. Davis said.
The situation of these so-called involuntary part-time workers—those who would prefer to work more than 34 hours a week—has economists puzzling over whether a higher level of part-time employment might be a permanent legacy of the great recession. If so, it could force more workers to choose between underemployment or working multiple jobs to make ends meet, leading to less income growth and weaker discretionary spending.
Employers added some 3.3 million full-time workers over the past year, but the number of full-time workers in the U.S. is still around 2 million shy of the level before the recession began in 2007. Meanwhile, the ranks of workers who are part time for economic reasons has fallen by 740,000 this year to around 4.5% of the civilian workforce. That is down from a high of 5.9% in 2010 but remains well above the 2.7% average in the decade preceding the recession.
“There’s just less full-time jobs available than there used to be,” said Michelle Girard, chief economist at RBS Securities Inc.
The slow decline in part-time work is particularly acute when broken out by industries. For the retail and hospitality sectors, the number of involuntary part-time workers in October was nearly double its prerecession level. For construction, mining and manufacturing work, by contrast, the share of such part-time labor was just 9% above its pre-recession level.
Other data show that the ability of part-time service workers to find full-time work has been much slower during the current recovery. In goods-producing industries, around two-thirds of involuntary part-time workers in July 2013 had found full-time employment by July 2014, up from 60% in 2009, according to a study by the Federal Reserve Bank of Atlanta. But for service-sector workers, the rate has seen little improvement. Around 48% of involuntary part-time workers in July 2013 had found full-time work one year later, up from around 46% in 2009.
An important question for policy makers now is whether the elevated level of involuntary part-time work is due to cyclical factors, meaning it will fall as the economy heals, or to structural changes that have made employers more inclined to rely on a larger contingent workforce and avoid converting part-time workers to full-time positions.
On one side are economists like Ms. Girard, who say greater economic uncertainty and rising labor costs—from increases in the minimum wage, regulations or health-care expenses stemming from the Affordable Care Act—explain higher levels of part-time work. “There is a structural element to this at the very least,” she said.
The health-care law requires employers with 50 or more full-time equivalent workers to offer affordable insurance to employees working 30 or more hours a week or face fines. “Companies are just more inclined to hire part-time workers, not necessarily because of the health-care law, but for business reasons that make it a more attractive option,” Ms. Girard said.
Anecdotal reports have suggested employers have cut hours to prepare for the implementation of the health-care law, but that hasn’t been borne out by economic data.
An analysis by Bowen Garrett of the Urban Institute and Robert Kaestner at the University of Illinois at Chicago found a small increase in part-time work this year, but the increase occurred for part-time jobs with between 30 and 34 hours—above the 30-hour threshold that would be affected by the health-care law.
Other economists say higher levels of involuntary part-time work are mostly cyclical. Businesses don’t appear to be paying part-time workers more than full-time workers; that would be one clear sign of a shift in hiring preferences.
Elevated levels of involuntary part-time work in service jobs may reflect how low-wage employers ramped up hiring earlier in the recovery. More recently, the sector has absorbed those returning to work after long unemployment spells.
Part-time work in service jobs is “a stepping stone for the unemployed and for people out of the labor force,” said Adam Ozimek, an economist at Moody’s Analytics. Labor markets are “improving in just the way you would expect.”
Labor advocates, meanwhile, say technological changes in how businesses schedule employees are at fault. Software allows employers to schedule and cancel shifts rapidly based on business conditions.
Carrie Gleason, the director of the Fair Workweek Initiative at the Center for Popular Democracy, a labor advocacy group, said that could explain why more part-time workers say they want full-time work. “There’s now this persistent uncertainty in the jobs that hourly workers have today,” she said.
“I need to spend some time with my kids,” said Ms. Morgan, 32. “Two jobs? It’s too much.”
Ikea employees are guaranteed a minimum amount of hours every week. Those that can work “during peak times when our customers are in our stores have the opportunity to obtain more hours,” said Mona Liss, a company spokeswoman. The company in June also announced it would raise the average minimum hourly wage in its U.S. stores next year by 17%.
Meanwhile, the structural-cyclical debate has important implications for the Federal Reserve. If the changes are structural, wages might begin to rise sooner than expected, putting more pressure on the Fed to raise interest rates. If they’re cyclical, it would suggest that Fed policy can remain accommodative.
Fed Chairwoman Janet Yellen routinely highlights the elevated level of part-time work as a key measure of labor slack. “There are still ... too many who are working part-time but would prefer full-time work,” she said at a press conference in September.
Business surveys conducted by the Atlanta Fed have shown there are more part-time workers because “business conditions don’t justify converting them to full time,” said John Robertson, senior economist at the bank. But other businesses have said their reliance on a larger part-time workforce stemmed from the higher costs of hiring full-time workers.
“It would be wrong to say it’s all cyclical, and it would be wrong to say it’s all structural,” Mr. Robertson said. “We’re somewhere in the middle.”
Ulyses Coatl illustrates how any improvement might unfold. He worked for two years as a stylist at a Levi’s apparel store in lower Manhattan but quit his job in September because the hours had become too unpredictable. His schedule varied from as many as 34 hours a week to four hours, but had averaged around 18 hours in recent weeks, he said.
A Levi’s spokeswoman said the company is “always looking at ways to improve retail productivity, including store labor models and processes” that conform to “industry best practices.”
Wal-Mart says the majority of its workforce is full time, and the share of part-time workers has stayed about the same over the past decade. A spokeswoman said store employees can view all of the open shifts in their store, and that there are full-time positions available in the store at which Ms. Sok works.
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Activists: US Justice Department Response to Baltimore Police Racism Falls Short
Activists: US Justice Department Response to Baltimore Police Racism Falls Short
The response by the US Department of Justice to exposing Baltimore Police Department (BPD) violations of citizens’...
The response by the US Department of Justice to exposing Baltimore Police Department (BPD) violations of citizens’ constitutional rights falls short of addressing the systemic problem of racism in US policing, activists said.
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How Hillary Clinton can win in November
Hillary Clinton may be tempted to relax into her inevitable nomination as the Democratic presidential candidate given a...
Hillary Clinton may be tempted to relax into her inevitable nomination as the Democratic presidential candidate given a sizable delegate lead that looks likely to hold going into the Democratic convention — particularly if she wins the big prize of New York in April.
However, even after the convention, she will need to woo her opponent's supporters — many of whom claim they won't vote for her — to prevail in an unpredictable general election against an unconventional candidate like Donald Trump.
Bernie Sanders has been buoyed consistently by supporters disgusted with a political system awash in big money — and dismayed by Clinton's uncomfortably close relationship to Wall Street. There is a simple move Clinton can make to prove she is willing to take bold action against Wall Street: She can bring back the Glass-Steagall Act that put up a firewall between commercial and investment banking.
Over the course of recent Democratic debates, Clinton has remained opposed to reinstating Glass-Steagall even as Sanders used the rallying cry of breaking up the banks to help lock up several Midwest and Northeastern primaries.
The division between commercial and investment banking imposed by Glass-Steagall, enacted in 1933 amid the Great Depression, prevented banks from using customer deposits to take high-octane gambles in the market that could bring on another financial cataclysm.
Then, in 1999, under heavy pressure from the financial industry, Glass-Steagall was repealed by President Bill Clinton, unleashing the rise of a number of behemoth banks with combined commercial and investment arms. Less than a decade later, most of them nearly combusted in the greatest financial crisis since the Great Depression, requiring billions in taxpayer bailout funds to stay afloat.
Today, Wall Street continues to be riddled with systemic risks. The Dodd-Frank financial reforms enacted in 2010 in the wake of the financial crisis helped reduce some of the risk, but as the new president of the Minneapolis Fed recently acknowledged, they didn't go far enough. "I believe the biggest banks are still too big to fail and continue to pose a significant, ongoing risk to our economy," Neel Kashkari — a Republican – told an audience at the Brookings Institution in Washington D.C. last month.
An even more unlikely proponent of reining in big banks is Asher Edelman, the inspiration for Gordon Gekko in the movie "Wall Street." In a recent interview with CNBC, Edelman called for banks to return to lending, which stimulates middle class spending and the overall economy, rather than speculation, which pads the balance sheets of the big banks, not to mention the pockets of the top 1 percent.
While the Volcker Rule — the set piece of the Dodd-Frank reforms — bans commercial banks from using customer deposits for speculative trading on the bank's own accounts, numerous exceptions permit commercial banks to engage in risky investment banking activities they would be unable to carry out under Glass-Steagall. It's not difficult to conjure a scenario in which using customer deposits to bolster market bets causes a global financial contagion on the order of — or greater than — what we witnessed in 2008.
Some argue that Glass-Steagall is unnecessary because many of the financial institutions that triggered the financial crisis, such as Bear Stearns, were purely focused on trading and didn't have commercial banking arms. But those failed investment banks were able to take their risky gambles because they could easily borrow from hybrid entities such as Citigroup. And we should not forget that commercial-investment bank hybrids like Citigroup and Bank of America were ultimately some of the biggest recipients of bailout money.
The solution must be a stronger wall between commercial and investment banking. Senators Elizabeth Warren andJohn McCain have already proposed bipartisan legislation to bring back an updated, stronger version of the Glass-Steagall legislation specifically focused on banning publicly supported banks from engaging in the type of practices that created the financial crisis.
Afraid of Congressional gridlock? A President Clinton could even avoid a dysfunctional Congress altogether by working with bank regulators to create many of the same activity limitations through executive action — but only if she appoints strong regulators dedicated to reining in Wall Street.
With an increasingly likely path to the general election ahead of her, Hillary Clinton in the next few months must strive to shed her image of being beholden to wealthy, Wall Street interests. Reinstating Glass-Steagall is a good way to start.
By Anita Jain
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These Wall Street Companies Are Ready To Call In On Trump’s Border Wall
These Wall Street Companies Are Ready To Call In On Trump’s Border Wall
Much of the discussion on President Donald Trump’s border wall has focused on its cost and impracticality, as well as...
Much of the discussion on President Donald Trump’s border wall has focused on its cost and impracticality, as well as the anti-immigrant and racist rhetoric it embodies. Little attention, however, has been paid to who specifically might profit from building the structure.
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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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