CPD IN THE NEWS

A campaign supported by the advocacy groups Center for Popular Democracy and Gleason's group applauded the move in a news release as "the first important step in ensuring that Toys R Us employees who lost their livelihood receive the support they were promised."

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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

Gotham Gazette - January 23, 2014, by Amy Carroll & Javier Valdés - Mayor Bill de Blasio and City Council Speaker Melissa Mark-Viverito have announced an expansion of paid sick leave coverage for hundreds of thousands of additional workers.

Their decision is a concrete move to confront and alleviate inequality, and bodes well for all New Yorkers, especially low-income workers and their families who live paycheck to paycheck.

The new administration’s proposal will guarantee paid sick leave to manufacturing workers and those at businesses of five or more employees, as well as provide for more aggressive enforcement by city agencies. These are critical first steps that recognize the dignity of workers who drive our city’s economy.

Leonardo Fernando is one of those workers. A 47-year-old immigrant who’s lived in Queens for nine years, he works 12-hour shifts at a car wash, in the heat and in the cold, to support his four children. Previously without paid sick days, he’s gone to work with the flu because he couldn’t afford to risk losing his job or missing a day’s pay. He will now be protected.

Of course, there’s still more to do through the legislative process. We would like to see all workers in New York have the right to paid sick time, and for the administration to strengthen enforcement through increased fines and provide workers the right to go to court when their rights are violated. But this is a great start.

In expanding the earned sick days law, which was fought tooth and nail by the Bloomberg administration and its corporate allies, Mayor de Blasio is honoring a campaign promise and governing as a progressive. And Speaker Mark-Viverito has signaled a clear break from her predecessor, who delayed the enactment of this law for years.

The shift in public policy is a direct result of years of work by workers, progressive advocates, community organizers, labor unions, and the faith community, who banded together to identify and elect new leaders in response to a widening income gap and exclusionary policies that didn’t help middle and working class families.

New York City is now a place where no worker will lose a job for taking a sick day.

What’s next?

Imagine a New York that’s more affordable, more inclusive, more fair. Imagine a city where all children have access to pre-school, a city that eliminates discriminatory policing, a city that leverages wealth to fight inequality and keep families in their homes.

The possibilities are endless. It’s a new day in New York.

Amy Carroll is the Deputy Director of The Center for Popular Democracy. Javier Valdés is the Co-Executive Director of Make The Road New York.

Source

Coretta Scott King opposed violence in all its forms — from the personal violence that took her husband 50 years ago Wednesday, to what she described as the economic violence of unemployment and poverty that continues around us.

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