CPD IN THE NEWS

The Market Business - April 14, 2015, by Rachel M - The lawyer at New York has initiated inquiry against 13 retailers, inquiring them if workers are asked to come on call for short notice shifts and spend less than 4 hours when employees are required to report to operate, stating the practice as illegal in NY.

On-call scheduling requires workers to call in just a few hours in advance or the night before to see if they need to come in to work. If not needed, the employee will receive no pay for the day.

“For many workers, that is too little time to make arrangements for family needs, let alone to find an alternative source of income to compensate for the lost pay,”

A New York state law requires that employees who are asked to come into work must be paid for at least four hours atminimum wage or the number of hours in the regularly scheduled shift, whichever is less, even if the employee is sent home.

California has a similar law that says employees must be paid for half of their usual time — two to four hours — if they are required to come in to work but are not needed or work less than their normal schedule.

The letter was also sent to J. Crew Group Inc.; L Brands, which owns Victoria’s Secret and Bath and Body Works; Burlington Stores Inc.; TJX Cos.; Urban Outfitters Inc.; Sears Holdings Corp.; Williams-Sonoma Inc.; Crocs Inc.; Ann Inc., which owns Ann Taylor; and J.C. Penney Co.

The letters ask the retailers for more information about how they schedule employees for work, including whether they use on-call shifts and computerized scheduling programs.

Rachel Deutsch, an attorney at the Center for Popular Democracy, a New York worker advocacy group, said on-call scheduling can make it difficult for workers to arrange child care or pick up a second job.

“These are folks that want to work,” she said. “They’re ready and willing to work, and some weeks they might get no pay at all even though they set aside 100% of their time to work.”

Danielle Lang, a Skadden fellow at Bet Tzedek Legal Services in Los Angeles, said the attorney general’s action could have repercussions in other states.

“The New York attorney general is a powerful force,” she said. “It’s certainly an issue that’s facing so many of our low-wage workers in California, and anything that puts a highlight on this practice and really pressures employers to think about these practices is a good thing.”

Sears, Target and Ann Inc. said in separate statements that they do not have on-call shifts for their workers. J.C. Penney said it has a policy against on-call scheduling.

TJX spokeswoman Doreen Thompson said in a statement that company management teams “work to develop schedules that serve the needs of both our associates and our company.”

Gap said in a statement that the company has been working on a project with the Center for WorkLife Law at UC Hastings College of the Law to examine workplace scheduling and productivity and will see the first set of data results in the fall.

“Gap Inc. is committed to establishing sustainable scheduling practices that will improve stability for our employees, while helping toeffectively manage our business,” spokeswoman Laura Wilkinson said.

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The controversial federal program that clouded the HUD secretary's VP prospects gets a timely overhaul.

Julian Castro’s Housing and Urban Development Department announced significant changes Thursday to a federal program that sold delinquent mortgages to private investors — a move that mollified progressive critics who threatened to undermine his vice presidential prospects.

With three weeks remaining until the Democratic convention and Hillary Clinton’s campaign narrowing down its list of potential ticket mates, the U.S. housing agency said it is changing a controversial program to give delinquent homeowners a new chance to reduce the principal they owe on their mortgage. The changes also prohibit financial firms from giving up on trying to sell or recuperate decrepit properties the businesses would rather walk away from.

As HUD secretary since 2014, Castro had been under attack from by at least 11 Latino and populist groups for his oversight of the department’s “distressed asset stabilization program,” which sold struggling homeowners’ mortgages to hedge funds. Castro, they alleged, failed to deliver on a HUD promise to sell more mortgages to non-profit community groups instead of financial firms.

Started in 2012, the program’s two stated objectives are to help struggling residents while also clearing billions of dollars of bad debt off the agency’s books. But liberals have argued the program undermines homeowner protections, especially for people in low-income neighborhoods, as HUD sold mortgages to the same financial firms that exploited borrowers in the lead-up to the 2008-2009 recession.

The changes came not long after Castro surfaced on Clinton's short list of vice presidential candidates — along with Sens. Tim Kaine and Elizabeth Warren — leading to immediate speculation about the HUD secretary’s political motivations.

Warren was among those calling for major reforms to the program.

 “Given that Secretary Castro has only spent a brief time on the national stage, the black mark caused by the distressed asset issue stands out prominently on his record,” said Isaac Boltansky, director of policy research for Compass Point Research & Trading in Washington. He covers housing policy.

“There is no question that the left’s attack of this program generally — and Secretary Castro specifically — lowered the odds of him being tapped,” he said.

As severely-delinquent mortgages accumulated after the recession, the Federal Housing Administration, a division of HUD, needed to reduce debt liabilities to the government.

Under the program, delinquent loans held by banks but insured by the FHA are sold to new buyers, including hedge funds, private-equity firms and non-profit community groups. Through May 2016, HUD sold more than 105,000 FHA-insured loans valued at $17 billion, according to a report by the National Consumer Law Center.

Castro has not said much publicly about the program, which in recent weeks erupted into a politically-charged issue for the Obama administration, said sources with familiar with the situation.

The program was supposed to give struggling homeowners another chance to avoid foreclosure. But researchers following the program said that financial companies have used it to circumvent homeowner safeguards.

“If you have an option of selling your loan through [the] DASP, then you don’t have to go through state foreclosure procedures that have the consumer protections in them and actually help enforce FHA rules,” said Geoff Walsh, author of NCLC’s report. He previously worked as an attorney with Vermont Legal Aid, Inc. and specialized in housing, consumer and bankruptcy areas. “A lot of damage has been done,” he said.

The liberal groups held Castro responsible for the program’s flaws, even though it started before his tenure at HUD. But the groups immediately applauded HUD’s new changes to the program that they had advocated for.

Their website attacking Castro was still live on Friday, though it will be updated to reflect HUD’s changes, said Matt Nelson, managing director of Presente.org, which claims to be the largest U.S. online Latino organizing group.

Housing experts acknowledged that pressure from advocacy groups — which used the issue to question Castro’s progressive credentials — played a role in the revisions.

“But for his potential to be vice president, these changes probably don’t get made,” said Edward Gorman, head of community development for the National Community Reinvestment Coalition, whose members include nonprofits that buy DASP loans.

“It was the specific targeting of the secretary on this issue and the gathering of liberal senators in support that caused the [Obama] administration and the secretary particularly to take another look at this issue,” he said. “This will be fodder for Republicans. This will become a political issue.”

For Castro, it had already metastasized into an issue that clouded his vice presidential prospects. Widely regarded as one of the Democratic Party’s rising Latino stars, the former San Antonio mayor was targeted by a coalition of activist groups that recognized the leverage afforded to them by a presidential primary fight colored by questions about Clinton’s ties to Wall Street and Bernie Sanders’ populist, anti-Wall Street rhetoric.

“HUD has continually enhanced the DASP program by making improvements before every sale since 2014,” an agency spokeswoman said in a statement. “As a result, tens of thousands of families have been able to remain in their home or avoid foreclosure through the program.”

Maurice Weeks, a housing staffer at the Center for Popular Democracy, one of the groups supporting the attack on Castro’s handling of the DASP, said he is grateful to see the changes HUD announced. But his group will want to make sure the changes actually result in better conditions for communities.

“It became a political problem for Castro since he’s the head of that department,” Weeks said. “We didn’t set out to determine if Castro was a good VP candidate or not. Our focus was on homeowners across the country.”

By PATRICK TEMPLE-WEST

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The movement against ICE is born at the grassroots. Groups like Indivisible Project and the Center for Popular Democracy have also called for defunding ICE.

Read the full article here.

The Tennessean - March 3, 2015, bt Jason Gonzales - Anti-voucher groups are digging in for a fight as the second of two almost identical voucher bills easily passed the House Education and Planning Subcommittee by a 7-1 vote. State Rep. Kevin Dunlap, D-Rock Hill, was the lone dissenter.

The proposed legislation that passed Tuesday is sponsored in the House by state Rep. Bill Dunn, R-Knoxville, and has considerable backing from pro-voucher groups and legislators alike. A separate bill sponsored by state Sen. Brian Kelsey, R-Germantown, narrowly passed the Senate Education Committee.

The legislators hope to provide low-income students a voucher program to pay for private school tuition with a state-funded scholarship. The program targets students eligible for free and reduced-price lunch who attend a public school ranked in the bottom 5 percent of the state in academic achievement.

Several groups have publicly voiced opposition to the bills, including the Tennessee Education Association. The teacher's union has been against proposed voucher legislation for years. In past years, opponents have been successful in their fight, as bills have continually struggled in the House and Senate finance committees.

Between the two bills, Haslam said the administration agreed to fund the measure from Dunn and state Sen. Todd Gardenhire, R-Chattanooga. On supporting the Dunn-Gardenhire bill versus Kelsey's, Haslam said Tuesday morning the bill most resembles the one he supported last year.

Kelsey is a sponsor of both bills, and House Majority Leader Gerald McCormick, R-Chattanooga, recently told The Associated Press the plan could survive in the House this year.

Volunteers with Tennesseans Reclaiming Educational Excellence were the visible face Tuesday of the anti-voucher group at Legislative Plaza. They were there to pass out brochures and stickers that said, "No School Vouchers."

Anne Marie Farmer, a volunteer with the public education advocacy group, said the group argues vouchers don't have the desired effect in a time when schools need more resources. The group also contends vouchers only give private schools a choice, not parents.

"We don't believe it is an effective way to raise student achievement," she said

Americans United for Separation of Church and State and Tennessee Transgender Political Coalition have also voiced opposition to the bill.

A recent poll by the Public Interest and the Center for Popular Democracy, however, says Tennesseans are not concerned with school choice. The TEA sent out a Tuesday media release weighing in on the poll.

"When Tennesseans were asked to rank important issues facing the state's public schools, school choice came in dead last," said Barbara Gray, Arlington Community Schools administrator and TEA president, in the release. "This poll shows that legislators need to redirect their attention to the issues that really matter to Tennesseans, like parental involvement, over-emphasis on standardized testing and cuts to programs like physical education and music."

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