CPD IN THE NEWS

Clad in a “Stand With Black Women” shirt, Mercedes Fulbright, the Texas State Coordinator at Local Progress, commanded attention during her engagement entitled, Deserving and Entitled; Engaging in Public Policy to Empower People, as part of the annual Speaking Truth To Power community activism seminar at Friendship West Baptist Church, June 29.

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The president of the Federal Reserve Bank of Minneapolis met with activists and northside residents Wednesday over racial and economic disparities.

Neel Kashkari talked with leaders from Neighborhoods Organizing for Change for an hour — an unusual meeting of a banking insider and a group known for street demonstrations and putting political pressure on the powers that be.

"A big part of my job is to get out and understand first hand what is happening, what are the challenges," said Kashkari who has served on the central bank system since January.

In that time, the former head of the federal government's bank bailout program in 2008 has drawn attention for his warning that failure of some big banks could lead to another financial crisis.

Kashkari said that the Fed's monetary policy can have an effect on unemployment, interest rates and inflation, but he said Congress' fiscal policy will also be key in addressing racial disparities.

Anthony Newby, executive director of Neighborhoods Organizing for Change, said they talked about the high unemployment rate among African-Americans.

"Now we can spend more time collaborating, doing a deeper dive and figure out what are the structural barriers and then what can the Fed do to bridge that gap," Newby said. "That's a big deal and big starting point."

Newby added he was pleased to have someone in Kashkari's position listening to real people struggling to make ends meet.

Kashkari agreed to meet with them again.

By PETER COX 

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In the face of a legal challenge in California and a probe by the New York State attorney general, underwear purveyor Victoria's Secret is said to have pulled the plug on a controversial labor practice known as on-call scheduling.

BuzzFeed reported the chain informed employees on Monday that it would no longer require its workers be available for shifts that could then be canceled with little notice and zero pay.

Victoria's Secret, one of five brands run by Columbus, Ohio-based L Brands (LB), on Tuesday said it was working on a response to the online publication's story but was not yet ready to do so seven hours after being called for comment.

In addition to Victoria's Secret, L Brands operates Bath and Body Works, La Senza, Victoria's Secret PINK and Henri Bendel. The company rang up $11.5 billion in sales in 2014 and runs nearly 3,000 specialty stores in the U.S.

"It feels like a safe bet to say that Victoria Secret's is feeling pressure," Elianne Farhat, deputy campaign director for the Fair Workweek Initiative at the Center for Popular Democracy, said. "We've seen a growing demand across the country for fair schedules because of the extreme chaos it creates."

Workers and labor activists say on-call scheduling can create havoc for livelihoods and personal lives, with the unpredictable hours making tasks such as taking classes, working another part-time job and covering child care difficult.

The practice of having on-call shifts has historically involved professions including emergency and medical workers, "but they are fairly compensated," Farhat said. "Over the last 10 years, as the retail sector has become the source of many jobs in our economy. It has seen the increased use of on-call scheduling."

If Victoria's Secret is shelving the on-call practice, "they are probably doing it to err on the side of caution, and not spend the time or money litigating the issue," said Los Angeles attorney Laura Reathaford, a partner at Venable who specializes in management-side employment issues. "California is a very employee-friendly state -- it's a very litigious state too."

If the company is indeed discontinuing the system, it would be offering some of what is sought in a lawsuit pending against the retailer in California.

"We're suing to recoup wages, and we're also seeking to put an end to the practice," David Leimbach, an attorney at Marlin & Saltzman, said of the litigation filed on behalf of two former Victoria Secret workers.

The complaint was filed on July 9, 2014, and the proposed class includes all individuals who worked at Victoria's Secret in California from July 9, 2010, to the present. L Brands told the court the proposed class numbered around 20,000, Leimbach said.

The federal judge presiding over the case dismissed the workers' claim that they were entitled to compensation under the state's reporting-time-pay law for on-call shifts for which they did not have to show up for work. But he also granted the two the right to appeal, saying the question of on-call shifts presented a question of law that could go either way.

"I can see the judge's point, no one really showed up, no one took the bus only to turn around and go home," Reathaford said.

"The district court dismissed that one claim, but said it's something the 9th circuit should immediately consider," Leimbach said.

Beyond the pending suit, no-call scheduling is drawing the attention of the New York state attorney general's office, which in April sent letters to 13 retailers, including Victoria's Secret, seeking information about their scheduling practices. A spokesman on Tuesday said the AG's office had no further comment.

And San Francisco next week begins enforcing an ordinance that requires major retailers give at least 24 hours notice to workers when changing or canceling shifts, or give them at least two hours of pay. The measure, which took effect in January, applies to retailers with at least 20 stores worldwide and 20 or more employees in San Francisco.

Source: CBS News

The Star-Ledger - July 10, 2014 by Sue Epstein - Middlesex County officials are no longer complying with a federal request to hold all immigrants suspected of being undocumented in the county jail for an additional 48 hours after their scheduled release.

In a policy change approved by Middlesex County freeholders last week and put into effect Tuesday, the detainee can be freed unless charged with a first- or second-degree crime, is identified as a known gang member and has been subject to a final order of removal by U.S. Immigration and Customs Enforcement.

Thomas Kelso, the Middlesex County counsel, said in a statement that people not meeting the serious offense criteria would continue to be released immediately after meeting the legal obligations.

"The policy was established after extensive review and consideration," Freeholder Director Ronald G. Rios said. "We need to be sensitive to the rights of individuals, but must protect our citizens from those with histories of violent crime. We believe that the policy that has been implemented in Middlesex County strikes a fair balance."

Although immigration rights groups applauded the change in policy, they contended that it did not go far enough.

Karina Wilkinson, co-founder of the Middlesex County Coalition for Immigrant Rights, said she wanted the county to stop honoring all 48-hour courtesy detainer requests from federal immigration authorities for county inmates.

"We are pleased to see Middlesex County moving in the right direction in ending their compliance with ICE detainers," Wilkinson said. "The county could still go further to respect the constitutional rights of everyone."

Wilkinson’s group began discussing the proposed policy change with county officials in December.

Wilkinson and Emily Tucker, an attorney for the Center for Popular Democracy, an advocacy group, said Middlesex County was the first county in the state to change its policy, joining more than 115 jurisdictions nationwide that have enacted similar changes. And of those 115, Wilkinson said, 90 have refused to honor any ICE detainers.

Tucker said the policy changes came on the heels of several federal court rulings that detainers are not legally binding, and that a federal court decision in Oregon said that honoring the detainers could open the jurisdiction to lawsuits.

"The courts have said ICE shows no probable cause to hold these inmates," Tucker said. "It is not the business of law enforcement to enforce immigration orders, it is the federal government’s job. The counties should not be holding anyone on behalf of ICE without a warrant."

Wilkinson said that in 2012, when a federal program known as Operation Secure Communities began in New Jersey, there were 330 detainers issued for inmates at the Middlesex County jail, making the county third in the state behind Essex and Hudson counties in the number of requests issued.

Tucker said the coalition of organizations that pushed Middlesex County to change its policy is working with Essex and Hudson counties in an effort to reach a similar outcome.

According to the ICE website, when a suspected undocumented immigrant is arrested the FBI forwards the fingerprints to the Department of Homeland Security to check against its immigration databases.

If the check shows that a person is undocumented or otherwise removable because of a criminal conviction, a 48-hour detainer is issued to the local jurisdiction.

Bryan Cox, a spokesman for ICE, said the agency remained "committed to working with our law enforcement partners and making our communities safer by protection public safety and national security, and the integrity of the immigration.

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