Workers' next big fight: Fairer scheduling
The Fight for $15 is still being waged, but the movement is adding "Fight for a Fair Workweek" to its agenda. Americans...
The Fight for $15 is still being waged, but the movement is adding "Fight for a Fair Workweek" to its agenda.
Americans at the lowest rung of the wage ladder are looking forward to hourly pay hikes in cities and states including New York and California. Yet there's a troubling and escalating trend of underemployment and scheduling hurdles that make it next to impossible for many workers to get ahead, worker advocates say.
A defining feature of the post-recession recovery has been a surge in part-time workers. And despite an improving labor market, with unemployment at 5 percent, more than 6 million people in the U.S. who would rather work full-time remain stuck in part-time jobs.
California represents a large chunk of that underemployment, with more than 1 million working involuntary part-time jobs. In Silicon Valley, more than four out of every 10 hourly workers are now part-time, according to research due to be released Thursday.
The findings, based on data compiled by the Bureau of Labor Statistics and written by the Center for Popular Democracy and Working Partnerships USA, found insufficient and inconsistent hours leave hourly workers struggling in San Jose, where the minimum hourly rate currently stands at $10.30.
Of San Jose's total workforce, 47 percent, or an estimated 162,000, work hourly jobs, with 43 percent of those hourly workers employed part-time or on variable schedules as their main job, up from 26 percent a decade earlier, according to the report.
"Employers have restructured employment so that the work week is shrinking for low-wage workers," Carrie Gleason, director of the Center for Popular Democracy's Fair Workweek Initiative. "The minimum wage is finally catching up, and now we're going to see more and more policymakers pay attention to hours. They recognize $15 isn't enough if you're only working part-time."
What's occurring in San Jose helps relay "an important national story about a very prosperous region with a very low unemployment rate, yet one out of three workers isn't making it every month," said Derecka Mehrens, executive director at Working Partnerships USA. "From what we've seen, the wage fight cannot be separated from the hour fight."
Mehrens' group is gathering signatures to put an initiative on the November ballot that would require employers in San Jose offer more hours to existing qualified part-time workers before hiring new part-time or temporary workers.
Opponents to scheduling mandates include the National Restaurant Association, or NRA, which has lobbied against measures under consideration in state and local legislatures, as well as one proposed in Congress. The trade association says such measures have already caused "confusion" for restaurant owners in San Francisco and could result in fewer workers being hired.
Advocates for workers have a more sympathetic ear, if not a solution, at Starbucks (SBUX), which has drawn its share of negative attention for creating havoc with the lives of its baristas through its scheduling practices. At the company's annual meeting in Seattle last month, barista Darrion Sjoquist asked CEO Howard Schultz about addressing the scheduling issues that he and his colleagues routinely face.
"It's at the top of our list to create some balance between the pressure that exists on some people who are having a difficult time with the schedule and our ability to schedule thousands of people," said Schultz. "We understand the issues and we think they are critical," he said, adding that Starbucks believes a technological tool is needed to address the issues involved with scheduling 300,000 people around the world.
The scheduling issue last week had attorneys general from California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York and Rhode Island expanding a probe into the use of unpaid on-call shifts and other scheduling practices in the retail industry.
"On-call shifts are unfair to workers who must keep the day free, arrange for child care, and give up the chance to get another job or attend a class -- often all for nothing," New York Attorney General Eric Schneiderman said in a statement. "On-call shifts are not a business necessity, as we see from the many retailers that no longer use this unjust method of scheduling work hours."
American Eagle Outfitters (AEO), Uniqlo, Aéropostale (ARO), Payless ShoeSource (PSS), Coach (COH), and the Disney Store (DIS) are among the 15 retailers sent letters asking about their use of on-call shifts, which can involve mandating workers to be available for work without a guaranteed shift. The practice is a potential violation of state reporting pay laws, which require employers give workers minimum pay when a shift is canceled or shortened.
Maryland, Minnesota and Illinois don't have reporting pay laws, but they've signed onto the letters to express concern about the impact of on-calling scheduling on workers and their families.
The inquiry follows a similar one by Schneiderman last year that resulted in six brands including the Gap (GPS), Victoria's Secret (LB) and Abercrombie & Fitch (ANF) ending on-call scheduling, a move impacting a quarter million workers.
Scheduling protections were adopted last year in San Francisco and Santa Clara County, while conversely, Indiana and Alabama are among the states that have preemptively passed legislation prohibiting cities within their borders from enacting such measures.
In Seattle, which has passed paid sick-time standards and a higher minimum wage, the city council is considering legislation that would require companies offer workers more livable schedules.
By KATE GIBSON
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Telemundo – July 21, 2013 - Indocumentados en NYC podrán contar con un abogado sin pagar honorarios. ...
Telemundo – July 21, 2013 - Indocumentados en NYC podrán contar con un abogado sin pagar honorarios.
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Texas Gives The Green Light To Racial Profiling
Today, a judge in San Antonio will be hearing opening arguments on a lawsuit against Senate Bill 4, a law passed in...
Today, a judge in San Antonio will be hearing opening arguments on a lawsuit against Senate Bill 4, a law passed in Texas last month that is the single biggest attack on immigrants this country has seen in decades. SB 4 commands police to search the papers of anyone who looks like an immigrant and levels hefty fines and even jail time for law enforcement officers who resist. Under SB 4, even campus police will have the power to do random searches, transforming college campuses, traditionally a site of sanctuary, into a source of terror.
Read the full article here.
Activists offer ideas to police charter schools
A pair of activist groups, the Alliance for Quality Education and Center for Popular Democracy, is out with a guide —...
A pair of activist groups, the Alliance for Quality Education and Center for Popular Democracy, is out with a guide — or rather suggestions — for better policing and monitoring finances of the state’s charter schools, which serve some 90,000 students, mostly in New York City.
The report states that since charters aren’t subject to all the reporting requirements required of public schools, there has been waste and abuse.
It contends the state could lose $54 million to fraud at charter schools this year, based on an accounting system used by fraud examiners that assumes 5 percent of that kind of mismanagement and tomfoolery.
To be sure, these groups are not exactly charter-friendly: AQE is funded in part by the state teachers union; the Center for Popular Democracy is also aligned with the national teachers union, AFT, among other groups.
They want a moratorium on charter expansion — which could become a high-profile issue during the next legislative session.
Here is their release and report: One note: some of these problems outlined below including the issues at Harriett Tubman Charter School occurred several years ago and under different administrations.
Today, the Center for Popular Democracy and Alliance for Quality Education released a report titled Risking Public Money: New York Charter School Fraud that reveals vulnerabilities in the state’s charter oversight system that could potentially cost New York state taxpayers as much as $54 million in charter fraud this year alone.
“Our governor and other school privatization advocates have pushed relentlessly to expand the charter industry at the expense of public school communities in New York State,” said Billy Easton, Executive Director of the Alliance for Quality Education. “But the proliferation of charters hasn’t been matched by the oversight needed to ensure that public money intended for students doesn’t instead get lost to fraud, waste and abuse.”
The report finds that state agencies have audited just a quarter of New York’s more than 250 charter schools since 2005, largely relying on them to police themselves instead. Yet in a startling 95 percent of the charters examined, auditors found mismanagement and internal control deficiencies that have occasioned $28.2 million in known fraud, waste, or mismanagement. Recognizing that the industry cannot be trusted to monitor itself for problems, the report’s authors have offered common sense interventions to remedy the problem, and have called for a moratorium on charter expansion until meaningful public oversight has been put in place.
“We can’t afford to have a system that fails to cull the fraudulent charter operators from the honest ones.” said Kyle Serrette, Education Director at the Center for Popular Democracy. “Given that New York spends over $1.5 billion on charter schools and more than 90,000 children are enrolled, a lot is at stake. We can’t afford to wait for tens or hundreds of millions more dollars to be lost before policymakers address this glaring issue.”
Here are only a few statewide examples among the dozens in the report:
IN NEW YORK CITY: Harriett Tubman Charter School issued credit cards to its executive director and its director of operation. They charge more than $75,000 in less than two years. The charges were never approved or explained.
IN LONG ISLAND: Roosevelt Children’s Academy Charter School paid four vendor a total of $521,197 for significant public work and purchase contracts without fair competition.
IN ALBANY: Albany Commuity Charter School lost between $207,000 to $2.3 million by purchasing a site for its elementary school rather than leasing it.
IN ROCHESTER: Eugenio Maria de Hostos Charter School failed to enter into a competitive bidding process for several instructional contracts. Instead the school awarded contracts to board members, relatives and other related parties.
IN BUFFALO: Oracle Charter High School entered a 15-year building lease with Oracle Building Corporation, agreeing to pay them more than $5 million at a 20 percent interest rate.
Source: Times Union
Claims of Racism at Zara Portray the Retail Industry at Its Worst
The retail industry is one the largest sources of new jobs in the US economy, employing 15 million Americans and...
The retail industry is one the largest sources of new jobs in the US economy, employing 15 million Americans and accounting for 1 out of every 6 private sector jobs added to the economy last year. Yet as my colleague Catherine Ruetschlin and NAACP’s Dedrick Asante-Muhammad found in a study published earlier this month, common retail practices perpetuate racial inequality, fostering occupational segregation, low pay, unstable schedules, and involuntary part-time work that disproportionately harm people of color in the retail workforce.
This week a new report casts a spotlight on employment discrimination at a particular retailer: Zara, a fairly new clothing chain in the United States which nevertheless is part of the world’s largest fashion retail company. Based on interviews of 251 Zara employees in New York City, researchers at the Center for Popular Democracy uncovered troubling pattern of concerns about racial discrimination. They find that Black employees are far more likely than other workers to be assigned work hours they find unsatisfactory and that darker skinned employees report they are least likely to be promoted. The report documents a widespread perception of managerial favoritism, with employees of color being treated more harshly and offered less leeway when requesting a sick day or coming in to work late. Darker skinned workers are disproportionately employed in lower-prestige positions in the back of the store. The company rejects the findings, asserting that it does “not tolerate discrimination of any form.”
Yet accusations of racism on the sales floor are a counterpoint to a recent lawsuit alleging discrimination within Zara’s corporate structure, including claims that senior executives at Zara regularly used racial slurs and exchanged racist emails while discriminating against a corporate attorney who was Jewish and gay. The company has also faced scrutiny forselling racially and ethnically offensive clothing and accessories.
According the new report, Zara employees have also witnessed racial profiling of customers, with Black shoppers far more likely to be targeted as potential thieves than white customers. Here too, the allegations fit into a deplorable pattern within the retail industry: last year, major New York retailers Macy’s and Barney’s entered into settlementswith the office of New York Attorney General Eric Schneiderman, paying hundreds of thousands of dollars to settle allegations of racial profiling and false detentions and agreeing to take concrete steps to prevent discrimination against shoppers of color.
But while lawsuits and enforcement actions can make a difference, Zara and other retailers must not wait for legal action to remedy conditions that disadvantage workers and shoppers of color. The NAACP/Demos report highlights how offering livable wages and improving employee schedules would reduce racial disparities even as low-paid employees of all races and ethnicities see benefits. And the Center for Popular Democracy report suggests that Zara allow its New York workers “to choose to represent themselves in grievances through real bargaining agents, such as labor unions, without interference.” By directly empowering employees to push for fair treatment, a union could make the most enduring change of all.
Source: Demos
By A Thousand Cuts: The Complex Face of Wage Theft in New York
In recent years—at least as far back as the passage of the New York Wage Theft Prevention Act of 2010, through 2015,...
In recent years—at least as far back as the passage of the New York Wage Theft Prevention Act of 2010, through 2015, when a series of New York Times articles explored the shocking extent of wage theft and other workplace abuses in the nail salon industry—mainstream elected officials and the press alike have turned meaningful attention to the problem of wage theft in New York State and nationwide. The question is what remains to be done. This brief study does not attempt to answer that question fully, but begins the inquiry by delving into the shape that wage theft takes in New York City and statewide.
Download the report here
Case studies in this report focus on particular employers that low-wage worker advocates have identified as illustrating broader problems in sectors where wage theft is prevalent.
Though this study is merely an entry point to a much broader and deeper analysis, our results point to some common-sense first steps in improving wage theft enforcement in New York City, New York State, and beyond.
Recommendations include the following:
City, state and federal government should invest in rigorous social science and economic research to evaluate what types of education, enforcement, penalties, and damages are most successful in encouraging workers and others to blow the whistle on wage theft, compensating directly impacted workers, and deterring and reducing wage theft. Our legislative and regulatory approach to penalizing wage theft and retaliation should be reevaluated to take into account the impact that wage theft and retaliation have not only on the directly impacted workers but also on competing employers, entire geographic areas, sectors, and the economy. Outreach, education, and enforcement efforts need to be tailored to address the specific situations of certain sectors, ethnic groups, and communities. Government should partner with, and resource, community-based partners who have established trust in hard-to-reach communities of workers and employers. Government should partner with community and labor organizations with expertise in specific sectors and types of wage theft, to assist in bringing forward adequate and accurate testimony and evidence to evaluate compliance in that sector or type of employer. Government inspectors and investigators should receive regular training in sector-specific practices in order to rigorously evaluate testimony and facts presented by employees and employers for reasonability. Government enforcement needs to explore substantial regulatory, legislative and strategic changes to enable collection of unpaid wages, damages and penalties. Pilot projects should aggressively test the use of bonds in exploitative industries, the ability of courts and the Department of Labor (DOL) to freeze assets pre-judgment, and wage liens. Public procurement rules should prohibit convicted wage thieves from bidding on public contracts or dispositions at the federal, state and local level, or from receiving public subsidy, with permanent removal from bidding or eligibility lists in cases of egregious wage theft.Download the report here
‘We’ll Give You Whatever We Have:’ How Organizations Are Fighting to Bring Relief to Puerto Rico
‘We’ll Give You Whatever We Have:’ How Organizations Are Fighting to Bring Relief to Puerto Rico
The sixth-floor windows wouldn’t hold in the winds, they knew. So the doctors and staff at the University Pediatric...
The sixth-floor windows wouldn’t hold in the winds, they knew. So the doctors and staff at the University Pediatric Hospital in San Juan moved the entire neonatal intensive-care unit, the NICU, down three floors as Hurricane Maria closed in. The predicted damage came. Windows cracked, water poured in. The air-conditioning units blew away.
Read the full article here.
Democrats amass enough support for filibuster against Gorsuch nomination
Democrats amass enough support for filibuster against Gorsuch nomination
Democrats on April 3 amassed enough support to block a U.S. Senate confirmation vote on President Donald Trump’s...
Democrats on April 3 amassed enough support to block a U.S. Senate confirmation vote on President Donald Trump’s Supreme Court nominee, Neil Gorsuch, but Republicans vowed to change the Senate rules to ensure the conservative judge gets the lifetime job.
As the Judiciary Committee moved to send Gorsuch’s nomination to the full Senate, Sen. Christopher Coons became the 41st Democrat to announce support for a procedural hurdle — a filibuster — requiring a super-majority of 60 votes in the 100-seat Senate to allow a confirmation vote...
Read full article here.
Sexual Assault Survivors Personally Confront Senator Jeff Flake, Who Said He'll Vote Yes for Kavanuagh
Sexual Assault Survivors Personally Confront Senator Jeff Flake, Who Said He'll Vote Yes for Kavanuagh
Sexual assault survivors personally confronted Senator Jeff Flake after he said he'd vote to confirm Supreme Court...
Sexual assault survivors personally confronted Senator Jeff Flake after he said he'd vote to confirm Supreme Court nominee Brett Kavanaugh this morning. Flake, who is a republican from Arizona and considered a key swing vote, made his announcement less than 24 hours after both Dr. Christine Blasey Ford and Kavanaugh testified on her allegations that the Supreme Court nominee sexually assaulted her in high school.
Read the full article and watch the video here.
Push for Immigrants to Become Citizens
Mayors of New York, Los Angeles and Chicago Launch 'Cities for Citizenship' Wall Street Journal...
Wall Street Journal, Michael Howard Saul, September 17, 2014 - The mayors of the nation's three largest cities—New York, Los Angeles and Chicago—plan to launch a new effort on Wednesday to increase citizenship among legal permanent residents, an effort officials hope will spread across the country.
The initiative, titled "Cities for Citizenship," will help the three cities expand naturalization programs and other ventures dedicated to helping immigrants secure their financial footing through counseling, legal assistance and microloans.
Citigroup, the founding corporate partner, is contributing more than $1.1 million.
The initiative comes as the number of legal immigrants becoming citizens is on the rise. Last year, naturalizations in the U.S. increased to 779,929, up nearly 3% from 2012, according to the U.S. Department of Homeland Security, which oversees immigration.
In the New York metro area, naturalizations have increased at the greatest pace among metropolitan areas nationwide, up roughly 37% in 2013 compared with 2011. In the Los Angeles metro area, naturalizations climbed about 12% between 2011 and 2013, while in the metro region that includes Chicago, the number of naturalizations has remained stagnant, mirroring many other places nationwide.
"Citizenship is a powerful poverty-fighting tool because it brings huge economic benefits to families and to communities," New York City Mayor Bill de Blasio said. "More than that, it helps keep families together."
A report to be released Wednesday—from the Center for Popular Democracy and the National Partnership for New Americans, two nonprofit groups, and the University of Southern California—shows the economic benefit that citizenship brings to local economies.
According to the report, the increase in earnings to immigrants, who otherwise wouldn't have become citizens, is estimated to add between $1.8 and $4.1 billion over 10 years to New York's economy; between $1.6 billion and $2.8 billion in Los Angeles; and between $1 billion and $1.6 billion in Chicago.
Among the nearly nine million permanent residents nationwide who are eligible for citizenship, there are currently about 450,000 New Yorkers who are "one step away" from becoming naturalized, Mr. de Blasio said. Many haven't completed the process because of the cost, Mr. de Blasio said, but the new initiative will help them navigate the legal process and obtain financial assistance.
Chicago Mayor Rahm Emanuel said his goal is to make Chicago "the most immigrant-friendly" city in the country.
Almost half of all new businesses are started by immigrants, Mr. Emanuel said. "So, you can't be pro-small business and anti-immigrant," he said. "They're inconsistent."
Bob Annibale, global director of community development at Citigroup, said statistics clearly show poverty levels are much higher among foreign-born residents than those who have become citizens.
"So, there really is a value in helping people not only to build a national identity, but with that, their financial identity," Mr. Annibale said. "And that's sort of the role where we felt we could be part of this."
As part of the initiative, the Mayor's Office of Immigrant Affairs in New York City will issue a study on the economic impact of citizenship programs for mayors across the country in hopes of demonstrating the value of funding naturalization programs as a way to combat poverty.
"Immigrants are the backbone of our economy," Los Angeles Mayor Eric Garcetti said. "It's time we encouraged their successful integration into our social and political tapestry to continue boosting our economy and not stand in the way of it."
Source: The Wall Street Journal
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