Safety coalition: ‘Scaffold Law’ study is ‘flawed’
Safety & Health Magazine - April 18, 2014 - A recent study that questioned the usefulness of New York state’s “...
Safety & Health Magazine - April 18, 2014 - A recent study that questioned the usefulness of New York state’s “Scaffold Law” is flawed, according to a new report from a worker safety advocacy coalition.
In December, a study from State University of New York’s Rockefeller Institute of Government concluded that New York’s Labor Law 240 – which imposes a strict liability on employers for workplace injuries at height – drives up the cost of business without improving worker safety.
But an April 17 report from the Center for Popular Democracy and the New York Committee for Occupational Safety and Health called the Rockefeller study “biased,” noting that the study was paid for by the New York Civil Justice Institute, a group created by an alliance criticized as working on behalf of employer and industry interests.
The Rockefeller study confused correlation with causation, the two worker safety advocacy groups say, by claiming differences between worker injury rates in construction and non-construction industries in New York and elsewhere are entirely due to the Scaffold Law.
CPD and NYCOSH are partners in a newly launched Scaffold Safety Coalition, a group of workers, advocates and other organizations that have joined to defend the state’s Scaffold Law.
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How Obama Can Help New York Immigrants Before Leaving Office
How Obama Can Help New York Immigrants Before Leaving Office
Barack Obama may have given his farewell address, but he still has work to do. In his speech, the president rightly...
Barack Obama may have given his farewell address, but he still has work to do. In his speech, the president rightly celebrated America’s history of welcoming immigrants and their contributions to our country. But Mr. Obama’s legacy on immigration is mixed. He has both deported more people than any prior president and acted in America’s best traditions by letting the Dreamers - undocumented youth brought to the United States as children – emerge from the shadows. There is one final step that President Obama can, and should, take to cement his legacy on the side of history we know is in his heart.
Most immigrant families in the United States are mixed status, meaning most have children who are citizens and immigrant parents, including Legal Permanent Residents (LPRs). The incoming administration’s promise to deport 2-3 million people with legal infractions threatens to rip these American families apart, because the threshold for deporting legal permanent residents is so low. Experts argue that this 2-3 million number cannot be reached without deporting people for minor offenses, such as traffic tickets. This is why I recently joined 60 local elected officials from across the country in asking President Obama to grant a blanket pardon to legal immigrants who have minor infractions and pose no threat to the country. He can prevent the breakup of these American families.
Pardoning this group of immigrants fits with the president’s recent actions on criminal justice and immigration. His clemency initiative and Deferred Arrival for Childhood Arrivals (DACA) program seek to fix the broken criminal justice and immigrant systems that harm American families.
Having already designated Legal Permanent Residents with minor convictions as low priorities for deportation, President Obama could protect these American families further with a presidential pardon.
Some will object, arguing that America is a country of law and order. We agree, and support the deportation of those posing a risk to our community. We also support the American belief that punishment should fit the crime. Someone who had a minor infraction such as shoplifting or excessive traffic violations as a teenager could be eligible for deportation 20 years later as a responsible adult with children who are citizens. These deportations make no sense, and hurt families and children without enhancing the wellbeing of the country.
The group making this request, Local Progress, is composed of local elected officials that know, work with, live in, represent, and are part immigrant communities. We know that deportations cripple families and harm neighborhoods and the economy. We also know that the American Dream lives in our communities and that the country benefits from these newcomers and their children. Pardoning this group would prevent the unnecessary breakup of our American families, and allow parents to stay where they belong, raising their children in the communities they have helped build.
Watching President Obama’s farewell speech, I could not help but think about the many families in my Brooklyn district that have lost a family member to deportation. The effects are harsh. When a father gets deported, the family loses income and can lose their apartment. The education of children can be disrupted, and those remaining long to be with their missing family member. For the children – citizens, immigrants, or both – it is a hurt that does not go away. It is a step the U.S. government should not take lightly, or for symbolic political reasons.
I stand with my fellow elected officials to ask President Obama to grant these pardons. I also call on my fellow New Yorkers to call the president’s office and tell him to grant clemency to the hundreds of thousands of immigrants who stand to lose under President Trump. Before he leaves office, President Obama can help cement his legacy with such a pardon. He has the power, and should use it, as other presidents have done in the past. There is still time.
By Carlos Menchaca
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Another Police Department Says ‘No’ To ICE’s Detainer Requests
Mint Press News – August 27, 2013, by Katie Rucke - Newark, N.J.’s refusal to detain undocumented immigrants for...
Mint Press News – August 27, 2013, by Katie Rucke -
Newark, N.J.’s refusal to detain undocumented immigrants for minor offenses could serve as an olive branch to the immigrant community.
As of last month, the Newark, New Jersey police department is no longer taking orders from Immigration and Customs Enforcement (ICE) to detain undocumented immigrants who have been picked up for minor criminal offenses such as shoplifting or vandalism.
The policy was signed into law by Newark Police Director Samuel DeMaio on July 24.
Newark may be the first and only law enforcement agency in New Jersey no longer to honor detainer requests from ICE, but it’s far from the only police department in the country to have done so. Police departments in Los Angeles, the District of Columbia, Chicago, New York City and New Orleans have also implemented policies stating they won’t honor ICE detainer requests.
The policy change was applauded by civil rights and faith leaders, who say the detainers — which allow law enforcement to hold in custody for up to 48 hours, without a warrant, those whose immigration status is in question — discourage communities of immigrants and law enforcement officials from having a cooperative relationship.
Immigrant-rights advocates said they view the new police protocol as an olive branch to undocumented people living in the U.S., who may be hesitant to cooperate with police officers who are investigating crimes in the community for fear they may be deported. New Jersey reportedly has one of the largest immigrant populations in the nation.
“Law enforcement officials across the country have recognized that local police officers should not be in the business of federal immigration enforcement,” said Udi Ofer, executive director of the American Civil Liberties Union (ACLU) of New Jersey, which advocated for the policy shift.
“With this new policy in place, the Newark Police Department has made it clear that all residents, regardless of their immigration status, are safe to cooperate with the police,” Ofer continued in the release. “This policy ensures that if you’re a victim of a crime, or have witnessed a crime, you can contact the police without having to fear deportation. This will make all Newarkers safer.”
Emily Tucker is an attorney at the Center for Popular Democracy. She said the group was “thrilled that Newark is standing in solidarity with immigrant families by rejecting all future collaboration with the federal deportation apparatus.
“Spending local tax dollars to take parents away from their children and workers away from their jobs is both morally wrong and bad for the economy,” Tucker said. “We hope the Newark policy will serve as a model for the rest of New Jersey, and for cities around the country who don’t want local resources being spent to help ICE meet its arbitrary enforcement quotas.”
New Jersey to New Orleans to Los Angeles
The New York Times recently published an editorial applauding those cities that have announced they will no longer be cooperating with ICE’s detainer requests and encouraged other cities to follow suit.
“The federal dragnet that makes little distinction between tamale sellers and dangerous criminals — greatly expanded by the use of local law enforcement officials across the country — has been ensnaring record numbers of minor offenders,” the editorial board wrote. “This melding of local crime fighting and immigration enforcement has led to unjust imprisonment, policing abuses, racial profiling and paralyzing fear in immigrant communities.
“The damage to public safety is measurable; a recent study by researchers at the University of Illinois at Chicago found that Latinos, both immigrants and native-born, often shun the police and are reluctant to cooperate with criminal investigations. Combating domestic violence, sexual abuse and gang-related crimes becomes far more difficult when local cops are de facto federal agents.”
Amy Gottlieb, director of the American Friends Service Committee, said she hoped other law enforcement agencies would implement similar policies, adding that “any detainer policy where people are aware that the police department is acting in support of the immigrant community is going to be helpful for police and immigrant relations.”
While Newark officers will no longer hold persons in an immigration detention center for committing a minor-level offense, the Newark Police Department will still report information to ICE after arresting an individual and also will continue to share fingerprint information with federal investigators.
“If we arrest somebody for a disorderly persons offense and we get a detainer request, we’re not going to hold them in our cell block,” DeMaio said. “I don’t know if we’ve ever gotten a detainer request on a guy with a misdemeanor,” adding that the department received a total of eight detainer requests in 2012.
Helpful or harmful to a city’s crime fighters?
While California Gov. Jerry Brown (D) has said he would sign legislation limiting who state and local law enforcement officials can hold for deportation, and while Connecticut’s legislature unanimously passed similar legislation, not everyone thinks the policy is a good idea.
Republican U.S. Senate candidate Steve Lonegan, for example, called the policy “another in a long line of missteps” by his opponent, Newark Mayor Cory Booker (D), saying the new policy will only lead to an increase in crime.
“We’re sending a signal,” he said, that “you can come to the country illegally, you can shoplift, you can vandalize but it’s alright. We’re going to make sure you’re safe. It’s a great message to our kids.”
Kevin Griffs, a spokesman for the Booker campaign, said Lonegan’s understanding of the policy was inaccurate and explained that “all serious offenders obviously go to the county jail, and ultimately, the mayor’s thinking was that this was going to improve relations between the police department and the immigrant community and help the Newark Police Department catch more of the real bad guys.”
ICE officials have declined to comment on the policy change.
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Democrats are back in the fight for the Arizona Eighth Congressional District: All Bets are Off.
Democrats are back in the fight for the Arizona Eighth Congressional District: All Bets are Off.
Trump won by over 20 points, the Democrat leads in fundraising as well, aided in part by Ady Barkan, a wealthy...
Trump won by over 20 points, the Democrat leads in fundraising as well, aided in part by Ady Barkan, a wealthy Democratic activist with the Center for Popular Democracy who was recently diagnosed with A.L.S. (Lou Gehrig’s Disease). In speaking with Bill Roe, the First Vice Chair of the Arizona Democratic Party, he indicated that this race is unpredictable for several reasons.
Read the full article here.
Unpredictable Work Schedules: As Companies Shave Costs With Just-In-Time Scheduling, Workers, Regulators Fight Back
Unpredictable Work Schedules: As Companies Shave Costs With Just-In-Time Scheduling, Workers, Regulators Fight Back
Brianna Roy-Rankin, 23, is just the kind of worker Target would like to retain and promote. She says she loved her job...
Brianna Roy-Rankin, 23, is just the kind of worker Target would like to retain and promote. She says she loved her job at the retailer's store in Champaign, Illinois. She had great bosses, got along well with her co-workers and enjoyed the employee discounts. But last week, after two years as a sales associate, Roy-Rankin quit her job.
“I couldn’t really plan. I was at the mercy of the scheduling system,” she says. “Otherwise, I honestly, probably, would’ve stayed.”
Roy-Rankin went to college nearby, at the University of Illinois. Before she graduated in May, she says it was a constant challenge to balance her studies and social life with her part-time job -- usually around 20 hours a week at just under $10 an hour.
Target has an unforgiving scheduling system. Roy-Rankin says she would have to submit requests to take time off for spring break or visit her parents weeks, if not months in advance -- otherwise she’d be slotted to work without recourse. She would learn about her weekly work schedule three weeks in advance, which wasn’t too bad. But then her hours would fluctuate drastically. One week, she’d be scheduled for a 8 a.m.-to-noon shift on a particular day; the next, it might be a 5 p.m.-to-11 p.m. closing shift. Eventually, it became too much to juggle.
Roy-Rankin's situation is hardly unique.
A Common Trend
Nearly three in 10 hourly workers in the United States say they rarely get consistent work schedules, according to a study released Tuesday by WorkJam, a firm that specializes in workforce scheduling technology.
What’s more, an astounding 56 percent say they get their schedules a week or less in advance. Both trends run rampant in the fast-growing service sector, especially in low-wage fields like retail and fast food. And while policies of this sort save companies money by allowing them to tailor schedules to an expected flow of customer traffic, workers say it's the source of headaches.
Joshua Ostrega, chief operating officer and co-founder of WorkJam, admits the 56 percent figure came as a bit of a shock. “I think it’s extremely high,” he says. “We were actually quite surprised.”
Workers Employed in the Retail Trade Industries (Seasonally Adjusted) | FindTheData
An especially harsh practice among retailers is what’s known as just-in-time or on-call scheduling. Under this system, workers are required to be “on call” to come in and work on a particular day even if they’re not scheduled to do so.
The industry’s profit margins are tight, says Ostrega, and companies are looking to extract savings however they can. Software-based scheduling systems do the trick by linking labor supply to consumer demand. When store traffic is low, the system calls for fewer employees; when the system projects more patrons, it demands more workers. Employers like it because it keeps them from racking up unnecessary labor costs.
Now, unpredictable scheduling is increasingly drawing the interest of public authorities.
'The Pressure's Mounting'
In April, New York Attorney General Eric Schneiderman sent letters to major retailers that inquired about their on-call scheduling and asked whether their policies violated state law. Like seven other states and the District of Columbia, New York has so-called reporting-time laws that require employees to be paid when they report to work, even if no work is provided.
Since the letters went out, a number of high-profile companies have announced changes to their policies. The Gap and Abercrombie & Fitch, which both received the notices, said they would end the practice of on-call scheduling. And Starbucks promised last year to provide more consistent scheduling to baristas. But as a recent story in the New York Times revealed, the cafe chain has failed to do so.
Robert Hiltonsmith, senior policy analyst at Demos, a progressive think tank, expects the positive trends to continue -- even if Tuesday’s survey suggests employers overall aren’t relenting on tough and irregular scheduling demands. “I think it’s a slow burn, but the pressure’s mounting,” he says.
It’s in part a question of economic self-interest, Hiltonsmith says. Burned-out workers tend to quit their jobs fairly quickly, and high turnover is expensive. That’s one of the reasons why Walmart, the nation’s largest private-sector employer, and its top competitors voluntarily hiked wages earlier this year, according to Hiltonsmith. In fact, when Walmart announced it was boosting starting pay to at least $9 an hour, it also promised to notify workers of their schedules at least two and a half weeks in advance.
Reforms like this and others -- shifts that are scheduled the same time every week -- could prevent retailers from losing employees like Roy-Rankin, the kind of people who are otherwise content at work.
There’s also mounting political pressure, which stems from growing public concern over the livelihood of service-sector workers. Hiltonsmith attributes this to the “seismic shifts in the labor force” -- the decades-long decline of manufacturing and growth in service-sector employment.
Contrary to the popular image, retail workers are not teenagers looking to make a quick buck. The median age of a retail trade employee is 38, according to the federal Bureau of Labor Statistics.
“I think people had less concern when it wasn’t people trying to support their families,” Hiltonsmith says. “For better or worse, the service economy is the economy of the country’s future.”
Source: International Business Times
Low-wage workers pick their next battleground
Just four years ago, fast food workers in New York City walked off the job, launching the first strike to ever hit the...
Just four years ago, fast food workers in New York City walked off the job, launching the first strike to ever hit the industry and a movement that has had rapid success. Calling for a $15 minimum wage and the right to form a union, the Fight for 15 started staging strikes and protests in a growing number of cities — the last day of action reached 320 — that drew in workers beyond fast food, including adjunct professors, childcare providers, and retail workers.
That fight is by no means over, but it has led to surprising victories. Today, two states have passed increases to bring their minimum wages to $15 an hour, as have a number of major cities.
Now workers are pushing forward on a new demand: the right to consistent and predictable schedules.
In many ways, advocates see this as a natural extension of the Fight for 15. After all, higher hourly pay means little if you never know you’ll have enough hours to make ends meet or if a last-minute change disrupts your plans for childcare or transportation.
“Workers who have experienced their wage increase and then see their hours cut the next week more than anything know that their paycheck is their wages times hours,” pointed out Carrie Gleason, director of the Fair Workweek Initiative at the Center for Popular Democracy.
Erratic and unpredictable scheduling has become a more and more common problem. “The erosion of unions, compounded by the accelerated pace of change and the nature of work, has only increased the need for updating our standards around hours,” she said.
At least 17 percent of all workers have irregular schedules, including changing or on-call shifts or working two shifts in one day. Over 40 percent of workers don’t find their schedules out until a week in advance, while 40 percent say their hours vary week to week. It’s especially prevalent in service sector jobs; huge numbers of retail workers in New York City and food service workers in Washington say they don’t get enough notice of their hours each week.
“The fight for just hours is definitely the next movement for people trying to achieve security for their families.”
“The fight for just hours is definitely the next movement for people trying to achieve security for their families,” Gleason added. “New energy has been generated with the Fight for 15, and as policymakers have raised the minimum wage and passed paid sick days across the country, they’re turning their attention to the crisis around hours finally.”
The movement has already notched victories. In 2014, San Francisco became the first city to pass legislation regulating schedules, enacting a law that requires retail chains to give employees two weeks notice of their schedules, pay them if shifts change at the last minute, give current workers the opportunity to take on more hours before new hires are brought in, and to treat part-time workers similarly as full-time ones.
Then on Monday evening, the Seattle city council voted unanimously to pass a law that looks very similar. It will require large employers in retail and food service to give employees two weeks notice of schedules, extra pay for last-minute changes, and input into what their schedules will look like. It will also get rid of “clopenings,” or when employees work a closing shift one day only to come in early the next morning to open.
Seattle workers had already helped secure a $15 minimum wage increase in 2014. And it was after that victory that the conversation around scheduling began.
“It really became apparent during the 15 campaign that workers not only needed a higher minimum wage, but they needed more stable schedules,” said Sejal Parikh, executive director of Working Washington. After that campaign resulted in a victory, “workers started talking about what the next campaign would be: Making sure the minimum wage is enforced, and figuring out how to get to more secure schedules in the city.”
It’s “the natural other half of the 15 dollar campaign,” she added.
It’s “the natural other half of the 15 dollar campaign.”
That effort also coincided with one targeted at Starbucks. In the summer of 2014, shortly after a New York Times exposé on the company’s scheduling practices, Starbucks announced that it would make changes such as ending clopenings and posting schedules three weeks out.
But a year ago this month, Starbucks baristas in Seattle launched a campaign accusing the company of unevenly implementing these practices and still allowing workers’ schedules to be erratic.
Those two groups of workers got together and began talking to the city council late last year, and Parikh said they got a warm reception. The issue “really resonated with people,” she said. “Many of us have worked in retail or fast food or coffee and could recall times when we didn’t know what our schedule would be.” Workers were deeply involved in crafting the legislation, too: it was built around answers to surveys sent out to fast food employees and baristas asking them about their priorities.
It helped to be able to work with those in San Francisco who worked on the passage of the bill there and have been implementing it since. “Because San Francisco went first, we have a piece of policy where we’ve learned a lot of lessons,” she said.
“It’s really catching on,” she added. “I think it’s going to be one of the next pieces of labor policy across the country.”
It’s already reached the other coast. Seattle’s victory came just a week after New York City said it would start working on being the next. Last Thursday, Mayor Bill de Blasio (D) announced that he, along with legislators and advocates, would begin crafting legislation aimed at improving scheduling for fast food workers. While the details will be hashed out in the months to come, he focused on two weeks advance notice, compensation for last-minute changes, and cracking down on clopenings.
“It’s really catching on.”
“It’s time for us to use the power of city government to make sure that people are treated decently,” he said at the press conference announcing the new effort.
New York City, home to the first fast food strike, now has a $15 minimum wage thanks to the state increase. “If [workers are] making 15 an hour, it doesn’t really matter if they don’t know when they’re actually making that money,” said Freddi Goldstein, deputy press secretary for the mayor. Scheduling “just felt like a natural next step.”
And as Seattle looked to San Francisco for guidance, New York will work with people in those two cities to see what worked and what didn’t.
The city is only looking at the fast food industry so far because, Goldstein said, it’s a workforce that is rarely unionized and “highly abused.” But it’s possible the focus could expand beyond that industry in the future, and as the effort to craft the legislation unfolds new planks could also be added. “I wouldn’t say we haven’t decided to do or not do anything at this point,” she said.
The scheduling movement hasn’t met with a totally unbroken string of successes: On Tuesday the D.C. city council voted to table a bill that would have addressed scheduling, killing it for the current session. Councilmember Elissa Silverman vowed to introduce a new version of the bill in the next one.
But the idea is starting to spread. It’s cropped up in Minneapolis, MN and Emeryville, CA. A scheduling bill has also been introduced in Congress, although it hasn’t advanced. “We’re already seeing policymakers step up across the country,” the Center for Popular Democracy’s Gleason said.
“The movement for the Fair Labor Standards Act was about wages and the 40-hour workweek,” she added. “It’s only natural that we’re seeing the demand for just wages and hours back again.”
By Bryce Covert
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How Can We Combat Wage Theft And Protect Immigrant Workers?
How Can We Combat Wage Theft And Protect Immigrant Workers?
Every year, millions of workers suffer from wage theft when employers or companies do not pay them what they are owed....
Every year, millions of workers suffer from wage theft when employers or companies do not pay them what they are owed. Wage theft, which costs America’s low-wage workers an estimated $50 billion each year, comes in different forms. An employer could keep customer tips instead of paying them out to workers, force employees to work off the clock without compensation, or illegally deduct the cost of uniforms or work tools from employees’ paycheck.
Read the full article here.
Fed Up Statement: Market Turmoil Should Remind Fed that Economy Is Too Weak to Slow It Down
Shawn Sebastian, Policy Analyst at the Center for Popular Democracy, released the following statement on behalf of the...
Shawn Sebastian, Policy Analyst at the Center for Popular Democracy, released the following statement on behalf of the Fed Up campaign:
“The Fed Up campaign has been saying for more than a year that the economy is too weak to warrant interest rate hikes. Although the stock market was performing well and Wall Street was reaping major profits, the real economy has seen stagnant wages and insufficient job growth.
“The past week’s events vindicate our argument. The economy is too weak, and the performance of the stock market is not a legitimate basis for making interest rate decisions. Just as the market inflated itself over previous months, and witnessed a “correction” recently, it will likely continue to fluctuate in the months ahead. Fed officials who pointed to an inflated stock market as a justification to raise interest rates have been proven wrong: the health of the economy should be measured by the labor market, not the stock market, and the labor market is far from recovered.
“The Fed must continue focusing on the fundamentals: building a labor market that works for all communities, and that features rising wages and good jobs for everybody who wants to work. Creating genuine full employment is the Fed’s mandate, and the past few days vindicate the message that the Fed Up campaign’s worker leaders and economists have said all along: this economy is far too weak for the Fed to intentionally slow it down.”
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The Center for Popular Democracy promotes equity, opportunity, and a dynamic democracy in partnership with innovative base-building organizations, organizing networks and alliances, and progressive unions across the country. CPD builds the strength and capacity of democratic organizations to envision and advance a pro-worker, pro-immigrant, racial justice agenda.
2 Women Who Confronted Jeff Flake About Kavanaugh Vote in an Elevator Credited for 1 Week Delay
2 Women Who Confronted Jeff Flake About Kavanaugh Vote in an Elevator Credited for 1 Week Delay
Before Sen. Jeff Flake reversed his guarantee of a “yes” vote for Brett Kavanaugh and demanded an FBI investigation...
Before Sen. Jeff Flake reversed his guarantee of a “yes” vote for Brett Kavanaugh and demanded an FBI investigation into the allegations, he was confronted by two women who said they were survivors of sexual assault.
“Don’t look away from me. Look at me and tell me that it doesn’t matter what happened to me, that you will let people like that go into the highest court of the land and tell everyone what they can do to their bodies,” Maria Gallagher angrily told Flake.
Gallagher, 23, was accompanied by activist Ana Maria Archila, who broke through a group of reporters to speak with him in an elevator.
Read the full article here.
Man with Lou Gehrig’s disease makes emotional plea to Jeff Flake to vote down Trump’s tax plan
Man with Lou Gehrig’s disease makes emotional plea to Jeff Flake to vote down Trump’s tax plan
One of Sen. Jeff Flake (R-AZ)’s last major votes before retirement could be a death sentence for tens of thousands of...
One of Sen. Jeff Flake (R-AZ)’s last major votes before retirement could be a death sentence for tens of thousands of Americans. One of them is Ady Barkan, a 33-year-old California father living with amyotrophic lateral sclerosis (ALS), who, during a Thursday night flight from Washington D.C. to Phoenix, Arizona, asked Flake to cast a vote to save his life.
“I was healthy a year ago. I was running on the beach,” Barkan told Flake on the flight, according to video footage of the exchange. “I’m 33, I have an 18-month-old son, and out of nowhere I was diagnosed with ALS, which has a life expectancy of three to four years, no treatment, no cure.”
Read the full article here.
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