On-call Shifts String Retail Workers Along
The Boston Globe - April 19, 2015, by Dante Ramos - Because life-threatening crises arise at odd times, people in some...
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
Longtime legal residents aim for citizenship
Somos was one of 14 organizations nationwide to win the nonpartisan grant from Cities for Citizenship, a national...
Somos was one of 14 organizations nationwide to win the nonpartisan grant from Cities for Citizenship, a national initiative aimed at increasing citizenship among eligible U.S. permanent residents and encouraging cities to invest in citizenship programs. The organization site says it is chaired by New York City Mayor Bill de Blasio, Chicago Mayor Rahm Emanuel, and Los Angeles Mayor Eric Garcetti, with support from the Center for Popular Democracy and the National Partnership for New Americans. Citi Community Development is the founding corporate partner.
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Fed comes up short on diversity goal, Democrats say
WASHINGTON (MarketWatch) — The U.S. central bank remains a bastion of white privilege and Fed Chairwoman Janet Yellen...
WASHINGTON (MarketWatch) — The U.S. central bank remains a bastion of white privilege and Fed Chairwoman Janet Yellen should promptly take steps to “remedy” the issue, 115 Congressional Democrats said Thursday.
In a letter to Yellen, the House and Senate Democrats urged her to “fulfill its statutory and moral obligation to ensure that is leadership reflects the composition of our diverse nation” and include representatives outside of the banking industry. Bernie Sanders, the independent senator from Vermont and a presidential candidate, also signed the letter.
The letter noted that Congress in 1977 passed a law mandating more diversity at the Fed.
“Nearly 40 years later, the leadership across the Federal Reserve system remains overwhelmingly and disproportionately white and male, while major financial institutions and corporations are overrepresented in senior roles,” the letter said.
Leading Democrats including Sen. Elizabeth Warren of Massachusetts and Rep. John Conyers of Michigan signed the letter. Rep. Maxine Waters, the ranking member on the House Financial Services panel, was also a signatory.
At the moment, 11 of the 12 Fed regional presidents are white and ten are men.The five members of the Fed board of governors are all white, while two are women.
“Is the Fed Board of Governors embarks on its search for regional president vacancies, we urge you to engage in an inclusive process to consider candidates from a diverse set of background, including a greater number of African-Americans, Latinos, Asian Pacific Americans, women and individuals from labor, consumer, and community organizations,” the letter said.
In response, a Fed spokesperson said the central bank has “focused considerable attention in recent years” on recruiting directors of regional Fed banks with diverse backgrounds and experiences.
As a result, minority representation at the 12 district banks and their branches has increased to 24% this year from 16% in 2010, the spokesperson said.
By Greg Robb
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House Republicans face voters in home districts angry over health care bill
House Republicans face voters in home districts angry over health care bill
Rep. Tom Reed of New York, who was among the Republican members of Congress to vote for a bill to repeal and replace...
Rep. Tom Reed of New York, who was among the Republican members of Congress to vote for a bill to repeal and replace Obamacare, held a string of hometown forums on Saturday where he was lambasted by crowds of angry voters and signs that read, "GOP Disaster" and "Why do you want to kill my daughter?"
Reed, whose district in upstate New York includes the cities of Ithaca and Corning, held three town hall meetings where the overwhelming majority of attendees had questions about health care. The congressman was met with boos and jeers throughout the forums, with people repeatedly chanting "Shame!" and "Vote him out!"
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Immigration Advocates Applaud Mayor Bill De Blasio’s ID Card Plan
CBSNew York - February 11, 2014 - Undocumented immigrants and their supporters are cheering Mayor Bill de Blasio’s plan...
CBSNew York - February 11, 2014 - Undocumented immigrants and their supporters are cheering Mayor Bill de Blasio’s plan for creating city identification cards this year. But, as WCBS 880′s Alex Silverman reported, they also want to make sure New York gets it right.
During his State of the City address Monday, de Blasio vowed to make municipal ID cards available to all residents in 2014 regardless of their immigration status, “so that no daughter or son of our city goes without bank accounts, leases, library cards, simply because they lack identification.”
“To all of my fellow New Yorkers who are undocumented, I say: New York City is your home, too, and we will not force any of our residents to live their lives in the shadows,” he said.
Aracely Cruz said she’s been waiting 10 years to hear a promise like de Blasio’s.
“I face fear every day,” she said. “I don’t trust anybody.”
Cruz was among the immigration reform proponents who gathered at a news conference Tuesday in lower Manhattan. Also in attendance were a mother who wants the freedom to walk into her child’s school and a day laborer who says he has spent 15 years in Queens with nothing to show to prove he’s part of the city.
City Councilman Carlos Menchaca, D-Brooklyn, head of the Immigration Committee, said members are drafting a bill to create the cards and plans to hold a hearing on the matter within the next month.
“We’re not going to wait for a federal government to give us reform,” he said.
“We’re tired of Congress failing us and failing our families,” said Linda Sarsour, executive director of the Arab American Association of New York. “And what we do in New York is we don’t wait for Congress.”
One concern advocates such as Steve Choi, executive director of the New York City Immigration Coalition, have is “we have to make sure we are ensuring trust, that the city agencies, such as the library and the police, are able to really accept these municipal ID cards without fear that folks are going to be branded somehow.”
Brittny Saunders, a lawyer with the Center for Popular Democracy, said other cities have created an incentive for citizens to also obtain the cards ”by connecting up these IDs with discounts at local businesses.”
Donna Lieberman, executive director of the New York Civil Liberties Union, agreed the ID cards should be used for all New Yorkers, not just undocumented immigrants.
“I, for one, intend to get a municipal ID because I want to use the ID that’s accessible to all New Yorkers,” she said.
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Rally Aims To Highlight Racial Employment Disparities In Metro Area
CBS Minnesota - March 4, 2015 - A report to be released on Thursday aims to highlight employment disparities in the...
CBS Minnesota - March 4, 2015 - A report to be released on Thursday aims to highlight employment disparities in the Twin Cities.
The groups Neighborhoods Organizing for Change, the Center for Popular Democracy, and the Economic Policy Institute say they plan to hold a rally at the Neighborhoods Organizing for Change offices on Thursday afternoon to draw attention to the racial differences between wages and jobs available here.
The groups say that, though the economy is adding jobs, the unemployment rate among black residents in the Twin Cities metro area is nearly four times that of white residents.
The groups said that the racial disparities on display in Minnesota are “among the worst in the nation.”
The rally is scheduled for 3 p.m.
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Fed's Bostic to Hear Case for Excluding Housing From Inflation
Federal Reserve Bank of Atlanta President Raphael Bostic will hear the case for excluding housing from measures of...
Federal Reserve Bank of Atlanta President Raphael Bostic will hear the case for excluding housing from measures of consumer prices that the U.S. central bank targets when he meets this week with Fed Up, an advocacy group focused on monetary policy.
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The CEO of Starbucks won’t keep promises to his workers, but wants an end to “cynicism”
The CEO of Starbucks won’t keep promises to his workers, but wants an end to “cynicism”
Starbucks CEO Howard Schultz, who has somehow convinced himselfthere is public desire for him to be president, took a...
Starbucks CEO Howard Schultz, who has somehow convinced himselfthere is public desire for him to be president, took a moment at yesterday’s board meeting to deliver some pious criticism of America’s unusually rancorous political season.
“Dysfunction and polarization have worsened,” the coffee entrepreneur said. Deep in a bout of Bloombergitis, Schultz warned of the failure of the American dream: “Sadly, our reservoir is running dry, depleted by cynicism, despair, division, exclusion, fear and indifference.”
“What is the role and responsibility of all of us, as citizens?” Schultz asked.
His employees have one answer: They want him to keep Starbucks’ promise to set their schedules at least 10 days in advance, and stop making them work consecutive shifts closing a location and then returning to open it early the next morning. So-called “clopening” shifts can entail working until 11pm and then starting again at 4am.
The scheduling problems have been an issue since at least 2014, when a New York Times investigation exposed how scheduling practices can be as problematic for workers as low pay or abusive treatment. The problem is especially difficult for parents, who must find a way to care for their children without knowing their work responsibilities more than a few days in advance.
The problem seems especially galling because the company uses scheduling software to match employee availability with the predicted demand. Experts suggest that this software could be used to provide more predictability for workers. Starbucks has repeatedly said it will remedy these issues, but interviews with employees suggest they remain. The Center for Popular Democracy, a union-backed organization that runs advocacy campaigns for workers rights, published a survey of 200 workers (pdf) in September 2015 that found half received their schedules less than a week in advance and one in four worked the “clopening” shift.
Grant Medsker, who worked at a Starbucks in Seattle for about a year before quitting in January, told Quartz that managers often don’t follow dictates from headquarters. “Everyone runs their ship their own way, regardless of company policies,” he said.
Some franchise managers attribute the lack of follow-through on the company’s promise on schedules to pressure from higher-ups to keep labor costs down, which leads to chronic understaffing. Meanwhile, Starbucks earnings per share more than doubled between 2011 and 2015; in fiscal 2015 it had an operating income of $3.6 billion. Quartz reached out to Starbucks but has not received a response. In the past, the company has noted that many of its employees see a flexible schedule as a perk, rather than a hindrance. The company also provides its part-time employees with access to health insurance and educational benefits that it says are more generous than comparable companies. But given the company’s history of dubious social responsibility campaigns, it’s hard to see this failure to implement corporate policy as an accident. This is, after all, the executive who announced a personal boycott of political spending even as his company spent millions on lobbying.
“It’s not enough to talk about it, it’s not enough to say, ‘oh that’s really bad, I hope that changes,'” said Medsker, who volunteers with the labor-rights group Working Washington. “We have an obligation to change what is wrong with our society.”
“It’s not about the choice we make every four years,” Schultz said yesterday. “This is about the choices we make every day.”
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We’d Be Picking Workers Up Off The Street
Salon - October 29, 2013, by Josh Eidelson - If the potential president does business's bidding on a new...
Salon - October 29, 2013, by Josh Eidelson -
If the potential president does business's bidding on a new scaffolding bill, workers will die, an advocate warns.
Industry groups hope New York Gov. Andrew Cuomo – a presumed presidential aspirant who’s frequently defied liberals on economics – will back their push to “reform” the country’s toughest law holding contractors responsible when workplace falls end in injury or death.
“I think we’d be picking workers up off the street,” if the state’s “scaffold law” is gutted, said Joel Shufro, who directs the New York Committee for Occupational Safety and Health. “Because I think employers would cut corners in ways that would result in workers being injured or killed.” Cuomo’s office did not respond to inquiries.
In an Oct. 16 letter, dozens of business groups and the New York Conference of Mayors urged Cuomo to reform the stat’s “scaffold law,” a move they said would “help alleviate fiscal stress by saving taxpayer dollars, creating jobs, and increasing revenue to the state and localities.” Signatories included the Lawsuit Reform Alliance of New York, whose director Tom Stebbins told Salon that the group has made the issue a priority because “insurance rates put people of business, they take jobs away, and as we’re finding out more and more, it’s costing us more and more in our public projects.”
The 128-year-old “scaffold law” allows contractors to be held liable for “gravity-related” injuries suffered by their employees when management failed to comply with a safety rule, even (with certain exceptions) if the employee was also at fault. Stebbins contended there was “no data that supports” the claim that it improves safety, and argued that what he called the law’s “absolute liability” standard means “you’re assigned fault without negligence,” and actually “makes job sites less safe.”
“If you absolve employees from responsibility for their actions, they’re less responsible,” said Stebbins. “And if employers are guilty under almost any circumstances, they’re not as incentivized.”
NYCOSH’s Shufro countered that the law holds employers liable “if they violate OSHA regulations or other city, state ordinances, do not provide appropriate training, do not provide appropriate personal protective equipment … But if they are in compliance … they are not liable, they will not be found at fault.”
Stebbins acknowledged that “if you were the only cause of your injury, then that absolute liability doesn’t apply,” but he told Salon that “even the responsible contractor can’t stop every situation.” Stebbins cited the case of a worker who he said intentionally “jumped off the building in order to make a scaffold law claim.” Under current law, he said, a contractor “could be a fraction of a percent responsible and be held liable for 100 percent of the judgment,” rather than having “liability apportioned by fault.” He argued that the law also hurt workers because cash devoted to insurance costs is “money that’s not being spent on jobs, not being spent on union labor.”
Labor groups rejected such claims. “Opponents claim that the Scaffold Law drives up costs and is a job killer; the reality is that it helps prevent a job from being a worker killer,” New York AFL-CIO president Mario Cilento told Salon in an email. Cilento credited the law with “placing responsibility for providing adequate safety equipment and measures squarely in the hands of contractors and owners, ensuring that there is absolutely no ambiguity in who is responsible for maintaining a safe workplace in a very dangerous occupation.” He added that “insurers and contractors try to gut the Scaffold Law and in turn workplace safety” over and over, but “they’ve been rebuffed because the Legislature has recognized that there is no price tag on the lives and well-being of New Yorkers.” Cilento’s Illinois counterpart, state AFL president Michael Carrigan, emailed that the labor federation “regrets the repeal” of the similar Illinois Scaffolding Act, prior to which “Illinois had been the second safest state in construction deaths and accidents.” (The business groups’ letter to Cuomo credited the repeal of Illinois’ law for a subsequent 53 percent decline in construction injuries and said it gave the state “the 10th lowest injury rate in the country”; NYCOSH attributed the decline in injuries to overall national trends.)
“All this law says is that the employers shall be liable if they do not follow rules and regulations that govern safety on these jobs,” said NYCOSH’s Shufro. “So it seems to me that the best way of reducing their costs is to require employers to follow the law.” An NYCOSH analysis of OSHA data on New York state construction found that “At least one OSHA fall prevention standard was violated in nearly 80 percent of accidents in which a worker fell and was killed.”
A study released Thursday by progressive Center for Popular Democracy argued that the industry’s death and injury toll is disproportionately borne by immigrant workers and Latinos. CPD found that Latino and/or immigrant workers made up 60 percent of “fall from elevation fatalities” investigated by OSHA in New York State, and reported that “In 2011 focus groups, Latino construction workers reported fearing retaliation as a key deterrent to raising concerns about safety.”
While business groups have long sought changes in the scaffold law, both sides said this year’s showdown on the issue could be particularly acute. “More and more we’re seeing the cost to the public,” said Stebbins, including insurers “leaving because they can’t sustain an absolute liability and it’s impossible for them to gauge risk.” Shufro countered that insurers “have refused” when asked by legislators to “open the books” and document their losses; NYCOSH also notes that New York experienced only a 9.1 percent drop in construction employment from 2006 to 2011, while the national decline was 28.4 percent.
Cuomo has previously clashed with labor on issues ranging from public workers’ pensions to an expiring (ultimately partially extended) millionaire’s tax. Salon’s Blake Zeff argued in a January BuzzFeed essay that Cuomo’s “approach to balancing two competing interests – piling up points to advance in a Democratic primary for president, while steering to the center in key areas (and carefully avoiding antagonizing monied interests who fund campaigns and influence elite opinion) – has consisted of aggressive advocacy of ‘cultural’ or ‘social’ progressive causes, while downplaying economic ones.” Cuomo this month appointed GOP former Gov. George Pataki to co-chair a commission on reducing tax rates, a move that Michael Kink, who directs the labor-backed coalition A Strong Economy for All, compared in a Capital New York interview to “bringing in Godzilla to oversee the rebuilding from a Godzilla attack.”
Shufro said the scaffold question would “be one of the major political battles that will go on and dominate Albany for the next session,” and so Cuomo was “going to have to make a certain decision about which side he’s going to come out on … I know that this is an important issue to labor, just as it seems to be an important issue to the business community.” Shufro predicted Cuomo’s approach to the scaffold law would be “one of the major issues that will help unions make decisions about how they see him going forward.” He added, “It’s not an easy place to be in.”
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As Federal Reserve Selects New Top Officials, Coalition Calls for Public Input
New York Times - November 10, 2014, by Binyamin Appelbaum - A coalition of community groups and labor unions wants the...
New York Times - November 10, 2014, by Binyamin Appelbaum - A coalition of community groups and labor unions wants the Federal Reserve to change the way some Fed officials are appointed, criticizing the existing process as secretive, undemocratic and dominated by banks and other large corporations.
In letters sent to Fed officials last week, the coalition called for the central bank to let the public participate in choosing new presidents for the regional reserve banks in Philadelphia and Dallas. The current heads of both banks plan to step down in the first half of 2015.
The Fed’s chairwoman, Janet L. Yellen, has agreed to meet on Friday with about three dozen representatives of the groups to hear their concerns.
“The Federal Reserve has huge influence over the number of people who have jobs, over our wages, over the number of hours that we get to work, and yet we don’t have discussion and engagement over what Fed policy should be,” said Ady Barkan, a lawyer with the Center for Popular Democracy, a Brooklyn-based advocacy group that is orchestrating the campaigns. “More people’s voices need to be heard.”
A spokeswoman for Ms. Yellen confirmed the meeting but declined to comment on the issues raised by the groups.
The Philadelphia Fed said in an email that the institution “is conducting a broad search for its next president and will consider a diverse group of candidates from inside and outside the Federal Reserve System.”
James Hoard, a spokesman for the Dallas Fed, said the bank’s board would meet on Thursday to discuss the search process.
The campaign is part of a broader increase in political pressure on the Fed, which is engaged in a long-running campaign to stimulate the economy that some liberals regard as insufficient and some conservatives see as both ineffective and dangerous. Mr. Barkan led a picket line in support of the Fed’s efforts in August outside the annual monetary policy conference at Jackson Hole, Wyo.
House Republicans, meanwhile, have passed legislation that seeks to reduce the Fed’s flexibility in responding to economic downturns, arguing that such efforts are destabilizing.
The Fed acts like a monolith, but it has a complicated skeleton. Most power rests with a board of governors in Washington, who are nominated by the president and confirmed by the Senate. But operations are conducted through 12 regional banks, each of which selects its own president. And those presidents rotate among themselves five of the 12 seats on the Federal Open Market Committee, which sets monetary policy.
The two presidents who have said they plan to step down are, by coincidence, among the most outspoken internal critics of the Fed’s campaign to stimulate the economy. Charles I. Plosser, president of the Philadelphia Fed since 2006, plans to retire at the end of March. Richard W. Fisher, president of the Dallas Fed since 2005, is required to step down by the end of April, though he has not set a date.
Their replacements will be selected by the board of each reserve bank. Each board has nine members, including three bankers, but under the 2010 Dodd-Frank Act, only the nonbank members can participate in the process. The banks in each reserve district, however, still elect three of those six nonbank members. The other three, including the chairman and vice chairman, are appointed by the Fed board in Washington.
By law, the boards are supposed to represent a diverse set of viewpoints, including “labor and consumers.” But the 72 nonbank board members are predominantly corporate executives. Just eight are leaders of community groups; two more are leaders of labor groups.
Corporate executives exclusively make up the boards of the St. Louis and Richmond regional banks. The Dallas Fed’s board includes the presidents of the Houston Endowment — a charitable organization — and the University of Houston. The Philadelphia Fed has five executives and the president of the University of Delaware.
“I look at that list and it doesn’t strike me that most of those folks are representing the public,” Kati Sipp, director of Pennsylvania Working Families, a nonprofit advocacy group that is one of the signatories of the recent letter, said of the Philadelphia Fed’s board. “We believe it is important for the people who are making economic policy to hear from the regular folks on the ground who are being affected by those decisions.”
The two dozen signatories also include the Pennsylvania AFL-CIO, New Jersey Communities United and W. Wilson Goode Jr., a Philadelphia city councilman. The letter asks for the Fed to disclose basic information about the selection process, including the timetable, criteria and, eventually, names of candidates. It also seeks search committee seats and opportunities to question the candidates publicly.
The selection process is secretive, but control has increasingly shifted from the regional banks to the board of governors. Beginning under the leadership of Alan Greenspan, a former Fed chairman, the central bank has sought presidents who can contribute to making monetary policy. The board provides informal guidance during the winnowing process, and candidates travel to Washington to meet with the governors.
As a result of that trend, 10 of the 12 sitting presidents are former Fed staffers, economists or both. Mr. Fisher, a former investor, is one exception. The other is Dennis P. Lockhart, a former banker who leads the Atlanta Fed — and is the next president who will reach retirement age.
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