N.Y. Lawmaker Aims to Give Voting Rights to Undocumented Immigrants
Reuters - June 16, 2014, by Curtis Skinner - A New York lawmaker wants to grant many of the rights of citizenship to...
Reuters - June 16, 2014, by Curtis Skinner - A New York lawmaker wants to grant many of the rights of citizenship to millions of illegal immigrants and non-citizen residents, including the right to vote in local and state elections, under a bill introduced on Monday.
The New York Is Home Act is the first bill in the United States that would provide such broad rights to non-citizens who can show they have lived and paid taxes in New York for at least three years, according to the bill's sponsor, state Senator Gustavo Rivera.
"Nearly 3 million people in the state of New York currently reside here and make New York their home, but can't fully participate in civic, political, and economic life," Rivera, a Democrat who represents the Bronx in New York City, said in a telephone interview.
He described the bill as a response to the stagnation of immigration reform efforts in the U.S. Congress.
"With failure at the national level on comprehensive immigration reform, the question we have asked is what can states do?" he said.
The bill would provide benefits to illegal immigrants and other non-citizens who could prove they have resided in New York for at least three years and have been paying taxes for as long. They would also have to take an oath to uphold the state's constitution and laws, and pledge their willingness to serve on a jury, according to the bill summary.
In return, non-citizens would receive a form of state citizenship, including access to state tuition assistance and health insurance programs, the ability to apply for driver's and professional licenses, and the right to vote in state and local elections, the summary said.
Other states have moved forward on their own with respect to tuition assistance and driver's licenses, Rivera said, but no other state has considered such a broad package for its non-citizens.
The current legislative session ends on Thursday and Rivera said that he doesn't expect the bill to pass before then. Rather, he said, he hopes the bill will start a conversation both in New York and nationally about immigration reform at the state level.
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Zara Latest ‘Cool’ Retailer in Hot Water for Alleged Discrimination
Spanish fashion chain Zara is among several “hip” retailers making headlines recently for alleged discrimination...
Spanish fashion chain Zara is among several “hip” retailers making headlines recently for alleged discrimination against employees.
Ian Miller, a former attorney for the mega-retailer, claims he was harassed and discriminated against for being Jewish and gay. In his $40 million lawsuit against the company, which is owned by Inditex SA, Miller alleges that he was excluded from meetings, given smaller raises than other employees and subjected to discriminatory remarks.
In addition, the Center for Popular Democracy released a survey of New York–based Zara employees, titled “Stitched with Prejudice: Zara USA’s Corporate Culture of Favoritism.” The report found that black employees are more dissatisfied with their hours than white employees, are reviewed more harshly by management and are least likely to be promoted.
When it comes to people who shop at Zara, black customers are seven times more likely to be targeted as potential thieves than white customers, the report found.
A spokesperson for Inditex refuted the claims in the Center for Popular Democracy report in a statement to FOXBusiness.com.
“It fails to follow an acceptable methodology for the conduct of a credible objective survey on workplace practices, and instead appears to have taken an approach to achieve a pre-determined result which was to discredit Zara. Zara USA believes that the claims made in the report are completely inconsistent with the company’s true culture and the experiences of the over 1,100 Zara employees in New York City and over 3,500 in all the US,” said the spokesperson.
Perhaps even more high profile is a discrimination case involving Abercrombie & Fitch (ANF), which made its way to the Supreme Court. The preppy retailer known for its presence in American malls was sued by Samantha Elauf, a young Muslim woman who wore a headscarf to a job interview at the company seven years ago.
“Ms. Elauf never informed Abercrombie before its hiring decision that she wore her head scarf, or ‘hijab,’ for religious reasons,” the ruling stated.
The Supreme Court recently overturned that decision.
A spokesperson for Abercrombie & Fitch told FOXBusiness.com in a statement that although the Tenth Circuit decision was overturned by the Supreme Court, it was not determined that the company discriminated against Elauf.
“We will determine our next steps in the litigation, which the Supreme Court remanded for further consideration. A&F remains focused on ensuring the company has an open-minded and tolerant workplace environment for all current and future store associates. We have made significant enhancements to our store associate policies, including the replacement of the 'look policy' with a new dress code that allows associates to be more individualistic; changed our hiring practices to not consider attractiveness; and changed store associates' titles from 'Model' to 'Brand Representative' to align with their new customer focus. This case relates to events occurring in 2008. A&F has a longstanding commitment to diversity and inclusion, and consistent with the law, has granted numerous religious accommodations when requested, including hijabs,” the spokesperson said.
Nasty Gal, a self-described “global online destination for fashion-forward, free-thinking girls,” is being sued for illegally firing Aimee Concepcion and several other employees either before taking or during maternity/paternity leave.
The lawyer for the former employee that filed the suit, who will represent three other female ex-employees in arbitration hearings, said “they were the only pregnant females who provided notice of maternity leave before being terminated, and …their jobs were taken over by other employees.”
"The accusations made in the lawsuits are false, defamatory and taken completely out of context,” a Nasty Gal spokesperson told FOXBusiness.com. “The layoffs in question were part of a larger restructuring of departments we completed over nine months ago. The lawsuits are frivolous and without merit."
When it comes to the likelihood of this case succeeding in court, it is worth looking to similar prior verdicts for perspective.
“Shortly before they filed the Nasty Gal lawsuit, a $7.7 million verdict in favor of a pregnant (at the pertinent time) Price is Right model was affirmed by a California appellate court,” said Jeff Trexler, associate director at Fordham’s Fashion Law Institute.
On the flip side, “If Nasty Gal can show that it actually provided the requisite notices, offered reasonable accommodation to her (Concepcion’s) pregnancy, wasn't motivated to fire her because of her pregnancy, and did not treat pregnant women differently from other employees in similar positions, there's a substantial possibility that the company will prevail,” said Trexler.
Retail stores have also received flack in recent months for selling discriminatory merchandise. Urban Outfitters (URBN) was condemned by organizations including the Human Rights Campaign and the Anti-Defamation League for a gray- and white-striped tapestry imprinted with a pink triangle that was sold at a store in Boulder, Colorado. The groups said the item projected Holocaust imagery, specifically of the uniforms gay men were forced to wear in Nazi concentration camps. Calls for comment to Urban Outfitters were not returned by the time of publication.
Despite the extent of public outcry over the merchandise, Urban Outfitters is technically allowed to sell whatever it wants.
“Designs evocative of Nazi imagery may be offensive, but they're no more illegal than the Confederate flag; ultimately, the decision to stop selling designs with either image comes down to ethical and reputation management concerns,” said Trexler.
In recent weeks, several retailers including Wal-Mart (WMT), Sears (SHLD) and Amazon (AMZN) announced they would stop selling Confederate battle flag merchandise following the mass shooting in June at Emanuel African Methodist Episcopal Church in Charleston, South Carolina.
No stranger to controversy, Zara was also accused of selling discriminatory merchandise. A 2014 white-and-blue striped shirt, which featured a six-pointed star, came under fire for its resemblance to uniforms worn by Jewish prisoners at Nazi concentration camp. The “sheriff shirt” was pulled from the retailer’s site after it issued an apology.
So, is outcry over discrimination becoming more common in the retail industry, or is it simply that intense media scrutiny is making it seem like it is?
“Allegations of discrimination are nothing new in fashion, as with any business, but what's particularly noteworthy now is their potential to have a substantial negative impact on a brand,” said Trexler. “One could say that the way people characterize discrimination is shifting from incident to identity, and in this fashion reflects a broader cultural trend that has emerged alongside advances in communications technology.”
When asked if changes in the law are making discrimination lawsuits easier to file, Trexler said that enforcement has shifted “in ways that arguably encourage people to take legal action.”
Most notably, the U.S. Equal Employment Opportunity Commission has worked to make pregnancy discrimination an enforcement priority, and a Supreme Court decision also raised awareness on the issue.
“Acts that might have gone unchallenged in years past now might be more likely to spark a lawsuit,” said Trexler.
Source: Fox Business
Pittsburgh marchers decry racial, economic injustice
Pittsburgh marchers decry racial, economic injustice
The message was often strident, but the mood of Friday afternoon’s “Still We Rise” march was spirited. More than 1,500...
The message was often strident, but the mood of Friday afternoon’s “Still We Rise” march was spirited. More than 1,500 demonstrators, some in strollers, marched down Grant Street under the wing of a gold-crested phoenix, a mythical bird whose rebirth from its own ashes captured the march theme.
“It was beautiful, it was powerful, and it was peaceful,” said Erin Kramer, the head of local activist group One Pittsburgh.
The march drew support from People’s Convention, a two-day gathering of left-leaning community activist groups from 30 states. Demonstrators wielded caricatures of Republican presidential candidate Donald Trump and UPMC head Jeffrey Romoff, in complementary shades of red-orange. And they made frequent stops along Grant Street, where speakers denounced what they saw as cases of racial and economic injustice.
Check back for more updated video with interviews and more scenes from the "Still We Rise" march to protest growing inequality and hate. (Video by Pam Panchak; edited by Melissa Tkach)
A key concern was rising distrust between police and minority groups nationwide. This week, two African-American men, Louisiana resident Alton Sterling and Minnesota resident Philando Castile, died at the hands of police. Five officers were killed by a sniper during a Thursday protest in Dallas.
Outside the Allegheny County Courthouse, demonstrators chanted “Indict, convict, send those killer cops to jail. The whole damn system is guilty as hell.” Still, while a stepped-up police presence was noticeable during the march, there was little tension.
“I’m not feeling any concern” about the marchers, said Police Chief Cameron McLay, who was on hand for the event. Police, he said, were watching for “what else is out there,” including possible attacks on the marchers themselves. The chief called the event “a positive demonstration of First Amendment rights.”
Michelle Tremillo, executive director of the Texas Organizing Project, said members of her organization had participated in the Dallas protest. "It took us until 1 a.m. to make sure that all of our people were home safely," she said. "I was struggling to be here."
"My heart aches for Alton’s family, my heart aches for Philando’s family, and my heart aches for those police officers and their families," Ms. Tremillo said.
But she and others said they hoped shock over the Dallas shooting wouldn’t obscure the racial- and economic-justice issues raised by the march. "I'd hate for that to get lost."
Outside the federal courthouse, demonstrators called for the release of Martin Esquivel-Hernandez, a Mexico-born Pittsburgh resident facing deportation. In May, the Department of Justice said Mr. Esquivel-Hernandez had previously been removed from the United States four times. But Friday his wife, Alma, held aloft his shoes and through an interpreter called him a “father of a U.S. citizen [and] a hard worker. The system has failed him and all of us.”
The march ended outside Republican Sen. Pat Toomey’s office in Station Square, where demonstrators decried fracking for natural gas.
“We wanted to display unity and make the connection between racial justice and economic justice,” said Ana Maria Archila, a co-executive director of the Center for Popular Democracy, which is hosting the convention. “And the march really achieved that.”
By Chris Potter
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One vote will turn America’s path away from liberal socialism
WASHINGTON, Oct. 17, 2015 – What difference will my vote make? Too many will say: I am only one person. When asked why...
WASHINGTON, Oct. 17, 2015 – What difference will my vote make? Too many will say: I am only one person. When asked why they do not exercise our constitutional right to vote for our governmental representatives they wonder if their one vote makes a difference.
But that is foolish as history has shown that “one person” can prevail.
It was one brave soldier standing alone during a mass protest who stopped a column of armed tanks in China on Tiananmen Square in 1989; one frail man named Mahatmas Gandhi who was the driving force behind banishing the British Empire from India; one conservative, the Rev. Dr. Martin Luther King, who was the black community’s conscience when it needed someone to articulate the horrors inflicted upon blacks by a racist Democratic South.
Even before these 20th century [peaceful] activists, back in the 1860s, there was one conservative black Frederick Douglass. Douglas stood out as a champion of an enslaved people, the fight for their civil rights.
Frederick Douglass made it his life’s mission to rally others to join in with him in the liberation of his oppressed people. Born a slave, he died a millionaire in today’s terms.
Other men and women of courage, conviction and destiny have made a difference: Harriet Tubman, Rosa Parks, Booker T. Washington, Thaddeus Stevens, Charles Sumner.
Today America is in need of such sons and daughters, born of virtue, courage and conviction to take the smallest action. They need to vote.
Many see that the United States is drifting towards the edge of ruination. At the helm is a president who happens to preside over our moral and economic collapse while pressing on relentlessly with the left-wing agenda. Same-sex marriages, illegal aliens, an under-employed America and a potential $19 trillion deficit do not bode well for our future and this country’s stability.
Barack Hussein Obama has met with numerous world leaders, many of them not so friendly to this country, either then or now.
Yet, in his adopted home city of Chicago, where gangland shootings take place regularly, where body bags fill up, by the hour, where black on black crime runs rampant, this president has yet to seriously address the issue.
As the first black president, he could have met these gang leaders at a presidential sponsored summit to appeal to them on a personal level, and to impress upon them how dangerous and detrimental their life of crime is impacting their own neighborhoods in a negative way.
How bad is it in Chicago? Just over the Fourth of July weekend of this year, alone, 10 people were killed and 55 wounded by gunfire. Shootings rose by about 40 percent during the first three months of this year, according to March statistics released by Chicago Police Department. The mayor, Rahm Emanuel, seems clueless on how to decrease these figures.
Make no mistake; this is largely black on black crime. Yet, when a white person, or a white cop, kills a black anywhere in America, the president cannot get to the podium fast enough to denounce it; neither can race baiters such as Jackson and Sharpton.
This is when the clueless come out with signs chanting “Black Lives Matter.” They ignore the subject of innocent black fetuses being aborted, thanks largely to the efforts of Planned Parenthood Founder Margaret Sanger and uninformed blacks who work for and support this organization.
Though serving his last year in office, the president has opted to focus on, and press for, immigration reform. This is an agenda that will further impact the black community in a negative way in terms of employment opportunity.
African-Americans who have achieved higher-education degrees, a key investment leading to the middle class, still find themselves more likely to face long-term unemployment than their white, Hispanic and Asian counterparts, according to the Center for Popular Democracy.
Some believe the president’s end game is granting amnesty for over 30 million illegals and resettling hundreds of thousands of Muslims here in the United States. Not surprisingly, his party supports this president’s efforts while the Republican leadership does not.
And the Supreme Court — they have been missing in action for the past three years when it comes to defending, preserving and upholding the United States Constitution and the laws of the land.
So you ask, What can we do about it?
Americans can express their dismay and anger by voting in the next primary and election. Only then can we make a difference. History has shown that one man can effect positive change. Conservatives in this country number around 45 million strong, so if all would step up and vote, there’s immense power in those numbers.
Up until now, politicians, Sunday morning news pundits and Washington bureaucrats have an open microphone to sway voters, thanks to 24-hour news programs.
It’s time for Americans to really listen to what is being said and recognizing what is unrealistic, not sell low-information voters a bad bill-of-goods.
Forbes writes (We’ve Crossed The Tipping Point; Most Americans Now Receive Government Benefits):
..perhaps 52 percent of U.S. households—more than half—now receive benefits from the government, thanks to President Obama. And Mr. Entitlement is just getting started. If Obamacare is not repealed millions more will join the swelling rolls of those dependent on government handouts.
Conservatives have long dreaded the day when the U.S. crossed the halfway mark because of all the implications for individual and fiscal responsibility. As Benjamin Franklin reportedly said, “When the people find that they can vote themselves money, that will herald the end of the republic.” They learned that from the 2008 election and turned out in big numbers again in 2012.
One popular agenda being pushed by Bernie Sanders and Hillary Clinton is free college tuition – Bernie wants it at every academic institution, Clinton is calling for free public colleges.
Remember what Franklin said above:
“When the people find that they can vote themselves money, that will herald the end of the republic.”
And college tuition is off the charts, most can agree. So maybe free college tuition is a great idea; however, no one is explaining who is going to pay for the professor’s salary, buildings, campus maintenance, food, books and the necessary technology infrastructure necessary to support a child seeking the college experience.
Look at the reasons parents choose private over public schools. They want a better eduction, higher test scores, smaller class size and more. If parents see that many [not all] public schools fail their children, why would we want to see college follow that same model?
And how many of those students taking that free college will be looking not for education but a continuation of the high school experience and a delay of entering the work force. College should be something a student works for with grades, service participation, sports and learning to be a well-rounded person – a lesson that begins in the home.
Now it is our turn to voice our opinions at the ballot box, for conservatives, independents and libertarians to band together to make a difference in saving this republic. Even if the person presented by the GOP is not the person you want over others,
…we still need to vote for the party otherwise, liberals and progressives continue to rule the day.
The path will not always be smooth and easy. Most things worthwhile ever are. Just remember this.
As former military men, George Washington fought the good fight, Andrew Jackson fought the good fight, Ulysses S. Grant fought the good fight and Theodore Roosevelt fought the good fight while serving in the armed forces.
Professional military leaders such as Adm. Chester Nimitz and Gen. George S. Patton fought the good fight, as well, and all of these men did it against overwhelming odds and all of them prevailed.
Some say, and truly believe, that the American political system is rigged, that the powers that be, like powerful fathom puppet masters, have often manipulated the results of elections so that it does not matter what the voter does, they still pull the strings.
It doesn’t matter who the president is when Valerie Jarrett is pulling the strings.
There is some truth in every urban legend, but it will take voters to weed out these myths and uproot these puppet masters and make the necessary changes to insure the integrity of our political system and our republic. We must all make a stand.
This is a nation with a history of breeding courageous fighters, and right now America needs fighters.
The next generation is counting on you showing up at the polls. including your children and grandchildren. Your decision to get involved and vote will impact their future in many ways.
That is why now is the time America. Not next time, but now!
Unless conservatives from all corners vote to change the ownership of the White House, there may not be a next opportunity to save America.
Source: Communities Digital News
Be Our Guest: The downside of immigration reform is increased deportation of immigrants who don’t deserve it
New York Daily News - February 25, 2013 - Nisha Agarwal - President Obama and Congress have not addressed the federal...
New York Daily News - February 25, 2013 - Nisha Agarwal - President Obama and Congress have not addressed the federal Secure Communities program, which has created a deportation pipeline that tears apart thousands of immigrant families.
In recent weeks, the federal fight for immigration reform kicked off in earnest, with Congress and the White House issuing their legislative principles, and the White House “leaking” specific proposals for a bill. Reform offers the bright possibility of legalization for 11 million, including more than 700,000 New Yorkers who live and work in, contribute to and sustain our richly diverse city and state. But the dark side of reform — its painful compromise — may be an increase in federal immigration enforcement efforts.
The Senate and the President’s proposals demand further fortification of the borders and better tracking of visa-holding immigrants. They also do not address the federal Secure Communities program, which has failed utterly in its objective to identify violent and dangerous criminals and, instead, creates a detention and deportation pipeline that has torn apart thousands of immigrant families.
New York City is poised to alter the terms of the national debate, however, by pushing back against Secure Communities and highlighting the destructive impact of the program for New York’s immigrant communities and the city itself. Recently, City Council Speaker Christine Quinn and Councilwoman Melissa Mark-Viverito introduced two bills that will limit the extent to which the Department of Corrections and the NYPD collaborate with federal Immigration Customs and Enforcement officials through the Secure Communities program.
These bills, which are due to pass this week, build upon a law enacted in 2011 that would prevent the Department of Corrections from turning over to federal immigration authorities certain individuals being held at Riker’s Island who posed no public safety threat. Before this law went into effect, thousands of immigrant New Yorkers were held at Riker’s Island every year in order to be turned over to ICE for eventual deportation. A large segment of those held posed no threat to public safety, including those who were long-term, legal permanent residents, juveniles, people seeking asylum and protection under the Violence Against Women Act, victims of human trafficking and many individuals who may have been arrested for minor infractions such as selling merchandise on the street or hopping a turnstile. What is more, the city was under no legal obligation to hold these individuals for federal authorities, but it continued to do so, spending nearly $20 million a year in city funds to subsidize a senseless and harmful federal deportation process.The new law ended this practice, better focusing the city’s limited resources, targeting enforcement and ensuring that immigrant families were not afraid to step forward as victims and witnesses to crime or to interact with their local government.
With the enactment of Secure Communities in New York in May 2012, ICE has been able to “flag” immigrants moving through the criminal justice system far faster and earlier in the process than had previously been possible because it allows for the sharing of fingerprint data almost instantaneously between the Federal Bureau of Investigation and ICE. A bad system of indiscriminate immigration enforcement was made much worse under Secure Communities.
Now, New York City is once again faced with the challenge of having to subsidize and support a broken and deeply flawed federal immigration enforcement system. Immigrant New Yorkers are coming into our courts and through our police precincts at risk of being siphoned into deportation proceedings, even if they have committed no crime, are themselves victims of crime or domestic violence or have committed only minor status-related crimes such as driving without a license. Perversely, many immigrant defendants now arrive at arraignments already having been identified by ICE and therefore find it in their best interest to be sent to Riker’s Island rather than released on bail because they are at risk of being turned over to immigration authorities upon release.
The new bills introduced in the City Council will put a stop to these perverse outcomes, ensuring that individuals who have no criminal record, immigrants who have committed only low-level or some status-based offenses, and immigrant youth, among others, are not ensnared by the deportation dragnet when they pose no threat to the public.
This legislation was developed in partnership with Mayor Bloomberg and the NYPD, as well as in collaboration with the immigrant community and others impacted by the harmful and inappropriate conflation of the criminal justice process with civil immigration enforcement. It is New York City speaking with one voice, reaffirming our collective values: the importance of trust between government and the people it serves; the commitment to diversity, openness and inclusion; and the enduring, stubborn passion to be a city that attracts and supports a world of talent and human potential. The proposed legislation is also New York’s call to the rest of the country, as national attention focuses on the possibility of comprehensive immigration reform.
The era of exclusion and impunity is over. We must choose a path forward that protects our families, sustains our communities and promotes the hard work and opportunity that boosts our economy.
Nisha Agarwal is deputy director of the Center for Popular Democracy (www.populardemocracy.org) and a lecturer at Columbia Law School.
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Fatal Construction Accident Shows Higher Risks Faced by Latino Workers
Truthout - March 31. 2015, by Danica Jorden - Monday morning, March 23, 2015, in Raleigh, North Carolina, was a mild...
Truthout - March 31. 2015, by Danica Jorden - Monday morning, March 23, 2015, in Raleigh, North Carolina, was a mild and slightly overcast day. The first signs of spring were beginning to emerge after an uncharacteristically chilly winter for the capital of the Southern state. But the recent cold weather had hardly hampered the construction of several high-rise office and condo projects, unprecedented for the generally low-rise city.
The 12-story Charter Square was one such project, and on March 23, just before 11 am, workers were busy on its south wall, with two mast climbers attached to its all-glass surface. Mast climbers are a scaffolding device employing a thin, central steel column stuck to the side of a structure, along which a horizontal platform that ferries workers up and down, so that they can install the glass panels future occupants will gaze from when the building is finished. On this day, the mast climbers were to be dismantled, with the building scheduled for opening in May.
About halfway up, the mast suddenly peeled off the side of the building, sending José Erasmo Hernández, José Luis López Ramírez and Anderson Antones de Almeida to their deaths, and Elmer Guevara to the hospital in serious condition. The four men were working for a tangled web of contractors and subcontractors, and the Department of Labor's representative on the scene said that contractors themselves inspect mast climbers, which are not specifically regulated by the state.
North Carolina Occupational Safety and Health's Kevin Beauregard indicated that OSHA, the federal agency, also does not have specific guidelines regarding mast climbers. He added that he did not expect to find that the scaffolding had been previously inspected. "There's no possible way our inspectors can go to every site,"Beauregard said. "We have over 200,000 work sites in North Carolina. We have approximately 75 to 100 inspectors employed. So it's physically not possible to go to every single site."
(Photo: Danica Jorden)
2014 was the North Carolina construction industry's most deadly year, according todata from the state Department of Labor. Nineteen people lost their lives working in construction in 2014, or 43 percent of the 44 work-related deaths statewide. Falls accounted for 13 of those deaths. The death rate was nearly double that of 2013.
According to the Bureau of Labor Statistics, Latinos are overrepresented in the construction industry, holding 24 percent of all construction jobs. But visits to construction sites in North Carolina reveal that Latinos are far more present at the front lines: scaling walls, down in holes and operating dangerous equipment. A closer look at the statistics shows that Latinos make up only 14 percent of first-line supervisors and 9 percent of managerial positions. Furthermore, BLS statistics show that from 2010 to 2013, fatalities for Latino construction workers rose 20 percent, while during the same period, deaths for non-Latinos fell.
In 2013, the AFL-CIO published a report on Latinos in the construction industry in New York. "A disproportionate number of Latinos and immigrants are disproportionately killed in fall accidents in New York, according to a new study by the Center for Popular Democracy, because they work in construction in relatively high numbers; are concentrated in smaller, nonunion firms; and are over-represented in the contingent labor pool," according to the report.
In New York, skyscrapers have been around for more than a century, and laws were written to regulate the construction industry and protect workers high up in the sky. The longstanding Scaffold Law was enacted in 1885, but is recently under attack. Construction companies have been working hard to amend it, saying it is one-sided in not protecting the industry from workers' own negligence. According to a 2013New York Times article:
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.
But also in 2013, industry publication Durability + Design conversely reported that the industry had just been successful in reducing its penalties regarding a significant 2009 mast climber accident that resulted in fatalities.
Nearly five years after three EIFS applicators fell to their deaths from a high-rise construction site in Austin, TX, a judge has ordered the scaffolding company in charge to pay $17,150 in fines. Mast Climber Manufacturing Inc. d/b/a American Mast Climbers, of Whitney, TX, contested the 2009 citations (eight serious, one willful) issued for safety hazards after the accident. The penalties originally totaled $86,800. In the Jan. 29 ruling, Administrative Law Judge Ken S. Welch affirmed the willful violation and two serious violations involving lift equipment set up at the site. The parties agreed to settle three serious violations, and the judge vacated the rest.
In right-to-work North Carolina, people in general have more limited recourse in the workplace and the courts, and immigrants may be at a distinct disadvantage when asserting their rights. A 2012 study entitled "Employer provision of personal protective equipment [PPE] to Latino workers in North Carolina residential construction" states its "results suggest that the residential construction subsector generally fails to provide [Latino] workers with PPE at no cost, as is required by regulation."
Working side by side on a narrow platform high above the street on March 23, the men who lost their lives and their injured companion worked for at least three different companies. Brazilian Anderson Almeida and Elmer Guevara from El Salvador worked for Associated Scaffolding and Equipment, while José Hernández of Honduras and José Luís López from Mexico worked for Juba Aluminum/ Janna Walls and Kea Contracting. These subcontractors were employed by the site's general contractor, Choate Construction. The property is owned by Dominion Realty.
According to the Southern Poverty Law Center (SPLC), using multiple subcontractors is a way to hide worker abuse as well as shield companies from culpability.
[W]orkers who try to stand up for their rights often find themselves frustrated by multiple layers of subcontractors and middlemen - an arrangement that seems designed to insulate corporations at the top from accountability for the mistreatment of workers. The same phenomenon was seen repeatedly in New Orleans with contractors working to clean up the city after Hurricane Katrina.
In a federal ruling, the SPLC won a case against Del Monte on behalf of agricultural workers, successfully arguing that "... the labor contractor and the workers were really employees of the Del Monte subsidiary and that the company was indeed responsible for any wage abuses that could be proven. The federal ruling was an important milestone for workers, but the fact remains that most Latino farmworkers in the South have little or no access to legal representation."
Speaking to television news station Notícias 40 in Durham, Olvia López tearfully explained that her husband José Luís, father of their three children, had expressed fear about the conditions at his job, but felt he had no choice but to go to work. The station also indicated that José Hernández leaves behind a wife and two young children who depend upon him in Honduras, where he had intended to return in November, while Anderson Almeida had a partner, child and stepchild. The family of Elmer Guevara has instructed the hospital to withhold information about their loved one at this time.
In a growing memorial, a cardboard sign erected near the Charter Square buildingread, "While we run from a corrupt government, we put our lives on the line in the chase of the American dream. RIP fellow dreamers."
It may have been placed by the NC Dream Team, made up of Dreamers, like the brave Viridiana Martínez, Loida Silva and Rosario López, who held a hunger strike in 2010 not far from the site of the accident. After Viridiana qualified for the Dream Act, or DACA (Deferred Action for Childhood Arrivals), she went on to report from inside an immigration detention facility and helped identify and liberate women who were eligible for US residency. Dreamers are the children of immigrants who were born abroad but grew up in the United States and want to continue their education as Americans.
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Signature gathering begins for $12 minimum wage initiative
Signature gathering begins for $12 minimum wage initiative
PHOENIX (AP) - A group advocating for worker’s rights is gathering signatures for a ballot initiative in Arizona that...
PHOENIX (AP) - A group advocating for worker’s rights is gathering signatures for a ballot initiative in Arizona that would increase the minimum wage to $12 an hour by 2020, at the same time Republican lawmakers are proposing their own ballot measure that would give the Legislature sole authority to set the wage in the state.
The fight over Arizona’s minimum wage has grown amid widespread worker frustration over sluggish wage growth that has fueled presidential campaigns and led to legislative battles on both sides of the country - California and New York lawmakers are poised to pass bills lifting the minimum wage to $15 an hour over the next several years.
The Fair Wages and Healthy Families Initiative incrementally increases minimum wage in Arizona to $12 per hour by 2020 and requires employers to provide earned paid sick time.
The initiative campaign has less than four months to collect more than 150,000 valid signatures necessary to get on the November ballot. Arizona’s current minimum wage is set at $8.05 per hour and is increased annually based on inflation.
Campaign manager Tomas Robles said his group has worked with people on both sides of the issues to find a compromise that offers workers a livable wage without putting too much of a burden on employers.
“We feel that this wage increase is that happy medium that protects small business and helps workers who can’t pay their rent at the end of the month even though they work full time,” he said.
The campaign committee has received backing from the Latino rights organization Living United for Change and the Center for Popular Democracy, a social and economic justice advocacy organization, Robles said. The campaign aims to collect more than 250,000 signatures using a combination of paid and volunteer petitioners to ensure they can get on the ballot.
At the same time, Arizona Republicans have proposed to increase the minimum wage to $9.50 an hour by 2020 with annual adjustments based on inflation - in a bid to stymie an increase in wages they say small businesses could not handle.
“This offering is kind of a counter-balance to the insane socialism we hear in other quarters,” said Sen. Don Shooter, R-Yuma, during a committee hearing in March.
It would also prevent cities, towns and counties from setting their own minimum wage, which Arizona Gov. Doug Ducey has said would “drive our economy off a cliff.”
The Senate Appropriations Committee passed the measure on a 5-3 party-line vote. It will now undergo a standard review before going to a Senate vote. If passed, House Concurrent Resolution 2014 could go before voters this November.
If both measures end up on the ballot and both pass, the initiative with greatest number of “yes” votes would win.
By RYAN VAN VELZER
Source
Neoliberals Are Taking All the Wrong Lessons From Conor Lamb’s Victory
Neoliberals Are Taking All the Wrong Lessons From Conor Lamb’s Victory
“The recent CPC Strategy Summit in Baltimore was brimming with such ideas, which are enjoying new traction thanks to...
“The recent CPC Strategy Summit in Baltimore was brimming with such ideas, which are enjoying new traction thanks to shifting political winds. Though there’s no consensus as of yet as to what a full-fledged progressive platform might look like, the most recent People’s Budget offers hints in that direction. The Center for Popular Democracy’s Ady Barkan, who received an award from the CPC for his work organizing against the Obamacare repeal and Trump’s tax plan, suggested the party could pioneer a different way of thinking about spending and budgets.”
Read the full article here.
Maggie Bulmer: Pause Charter School Expansion
Providence Journal - January 27, 2015, by Maggie Bulmer - Does supporting two parallel school systems make sense?...
Providence Journal - January 27, 2015, by Maggie Bulmer - Does supporting two parallel school systems make sense?
Did The Providence Journal editorial board research thoroughly before deciding to support the expanding of charter schools in Rhode Island (“Expand R.I. charters,” editorial, Jan. 25)?
There are several reliable studies that advocate caution before jumping into support for charters schools. The studies have uncovered waste, fraud and abuse totaling over $100 million in taxpayer loss in 15 large charter markets: Arizona, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Louisiana, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Wisconsin and Texas.
My notes, from the Center for Popular Democracy and Integrity in Education, indicate that half of the $100 million was spent on federal prosecution of charter school officials and staff.
The Center suggests pausing charter school expansion until problems are addressed. I agree. Inadequate oversight hurts kids and taxpayers. Let’s not plunge into the newest privatizing idea without studying the data and getting the facts.
Maggie Bulmer
Middletown
Source
Major Impact Seen from Mayor’s Carve-Out of Deportation Defense Program
Major Impact Seen from Mayor’s Carve-Out of Deportation Defense Program
When families are brought into the court-room at Varick Street Immigration Court, they see their loved ones seated side...
When families are brought into the court-room at Varick Street Immigration Court, they see their loved ones seated side-by-side on a bench with other detainees, clad in orange jumpsuits, hands shackled.
As those detainees are called one by one to have their cases heard, they are seated across the table from an attorney representing the Department of Homeland Security. DHS attorneys will be prepared with documentation and arguments meant to portray the detainee as a flight risk—someone liable to skip further hearings if released—and a danger to society. They will discuss prior convictions, residences, details on family members’ citizenship and criminal history.
Read the full article here.
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