The End of On-Call Scheduling?
Retailers have been ...
Retailers have been under intense pressure from labor groups, regulators, and their own employees to end on-call scheduling—the practice in which shift workers are called to work on short notice, and are often uncompensated if it turns out to be a slow day. On Friday, New York attorney-general Eric Schneiderman’s office announced that J.Crew will end on-call scheduling nationwide this month. The retailer joins Urban Outfitters, Abercrombie & Fitch, Bath & Body Works, Gap, and Victoria’s Secret, which all have announced changes since Schneiderman’s office launched an inquiry into the practice at over a dozen companies.
“After discussion with my office, J. Crew has agreed to end on-call shifts nationwide and to provide one week of advance notice about schedules to employees at all New York store locations,” said Schneiderman in a statement. “Workers deserve protections that allow them to have a reliable schedule in order to arrange for transportation to work, to accommodate child-care needs, and to budget their family finances.”
This is the sixth agreement Schneiderman has reached with a major retailer. In April, the New York attorney-general’s office sent letters to 13 retailers asking for information regarding their scheduling policies: “We have been informed that a number of companies in New York State utilize on-call shifts and require employees to report in some manner, whether by phone, text message, or email, before the designated shift in order to learn whether their services are ultimately needed on-site that day,” said the letter.
The letter expresses concern that the practice might be in violation of a state regulation that employees who report for work must be paid for at least four hours (or the number of hours in a regular shift) of work. It cites the financial and personal strains for workers without predictable schedules—from being unable to work another job or attend school, to the strains of finding childcare last minute. Further, a report by the Economic Policy Institute found that the lowest income workers face the most irregular work schedules.
A spokesperson for Gap Inc. confirmed that all five brands—The Gap, Banana Republic, Old Navy, Intermix, and Athleta—has phased out on-call scheduling globally by the end of September.* L Brand—the parent company for Victoria’s Secret and Bath & Body Works—also confirmed that they have ended the practice nationwide.
Gap is also working on a pilot project with Joan Williams, a professor and director of the Center for WorkLife Law at the University of California Hastings College of Law, and Susan Lambert, a professor at the University of Chicago who studies scheduling issues, on new ways to stabilize worker schedules. Lambert’s researchfound that 64 percent of food-service workers and half of retail workers receive less than a week’s notice for shifts.
For now, the shift away from on-call scheduling seems to be only gaining momentum: Earlier this week, Forever 21 was hit with a lawsuit from a former employee over unpaid on-call scheduling. And, for the seven remaining companies that Schneiderman’s office contacted (the identities of which are unknown), such momentum may soon be overpowering.
Source: The Atlantic
Brett Kavanaugh's 2nd accuser contacted by the FBI: Lawyer
Brett Kavanaugh's 2nd accuser contacted by the FBI: Lawyer
With only a week to conduct its high-stakes investigation into the sexual misconduct allegations against Brett...
With only a week to conduct its high-stakes investigation into the sexual misconduct allegations against Brett Kavanaugh, the FBI has already contacted the second woman to accuse the Supreme Court nominee, her lawyer said.
Read the article and watch the video here.
NYC and Seattle seek 'fair workweek' legislation for fast-food workers
NYC and Seattle seek 'fair workweek' legislation for fast-food workers
Municipal leaders and labor activists nationwide who fought for a $15 minimum wage now want to serve up a “fair...
Municipal leaders and labor activists nationwide who fought for a $15 minimum wage now want to serve up a “fair workweek” and steady hours for fast-food workers.
New York City Mayor Bill de Blasio set a plan in motion last week to give 65,000 hourly workers in the city's fast-food industry more stable work schedules by requiring a two-week notice for employee shift assignments. City Council members have vowed to introduce the legislation in the coming weeks.
In Seattle, the City Council on Monday gave its unanimous approval to a similar ordinance, which will affect well-known retail and food service establishments, as well as certain full-service restaurants. Mayor Ed Murray is scheduled to sign the ordinance into law by next week.
While supporters of such proposals – called “secure scheduling” in Seattle – say working families need protection against erratic work schedules, some retail organizations argue these concerns have been blown out of proportion. The Washington Retail Association said the Seattle ordinance would make work schedules less flexible.
“The effects of the law threaten to reduce available work hours for retail employees, reduce hiring opportunities and impose burdensome bookkeeping and fines on retailers deemed to be in violation of the law,” the retail association said in a news release.
Other business groups, however, don’t see the scheduling legislation as a major burden for employers. Mark Jaffe, chief executive officer of the Greater New York Chamber of Commerce, told AMI Newswire that the proposal is fair and that it wouldn’t cause fast-food eateries to go out of business.
“How hard is it to schedule people two weeks in advance?” he said.
A number of citywide initiatives, from affordable housing to reasonable transportation options, have helped New York City maintain a productive workforce, Jaffe said, and the Fair Workweek legislation would do the same. “We don’t believe it’s an unreasonable burden on the employer,” he said. “This is a no-brainer.”
The proposal was directed toward fast-food workers because that’s where most of the scheduling concerns originate, Jaffe said. Many of those employees need to map out their schedules in advance because they often work more than one job, he said.
The New York State Restaurant Association expressed concern about the proposed legislation but hopes it can work with city officials to reduce the burden to its members.
“It’s troubling that fast-food restaurants, which are really a local franchisee-run small business, have been singled out yet again when these restaurants are already being subjected to greater regulations than any other industry,” said the restaurant association’s chief executive officer, Melissa Fleischut, in a prepared statement. “Labor costs for quick-serve restaurants are skyrocketing, and under state law the hospitality industry is already subject to call-in pay and extra pay for a longer-than-10 spread of hours in a single day.”
In addition to providing employees a two-week notice on work schedules, the New York City proposal would force employers who make last-minute schedule changes to pay extra compensation to affected workers. The plan would also place restrictions on the practice of what’s called “clopening” – when an employee is required to work a closing shift followed by an opening shift.
“We will regulate that practice and require that there be at least 10 hours between a closing shift and an opening shift that a worker has to perform,” de Blasio said during a public announcement last week.
The mayor dismissed anticipated concerns about layoffs resulting from the proposal, saying that he heard the same rumblings when the city was moving to expand paid sick leave for workers. “Guess what happened?” de Blasio said. “This city has added 290,000 private-sector jobs.”
Jan Teague, chief executive officer of the Washington Retail Association, said in a prepared statement that the Seattle proposal could limit the ability of businesses to take part in the city’s Summer Youth Employment Program and make it more difficult for college students to find temporary jobs over the summer and during holidays.
Teague has also expressed concern that employers would end up paying higher “predictive pay” to workers in order to fill shifts resulting from a worker calling in sick or quitting abruptly.
“Any way you slice it, this ordinance will make the workplace less flexible to meet the needs of employees and employers,” Teague said during the debate over the Seattle measure. “Sadly, this ordinance will reduce the number of hours available for many retail and restaurant employees – and they cannot afford to see their incomes go down.”
In addition, she took issue with the idea of discouraging time allotments between shifts of less than 10 hours. Some workers want to have shifts close together during part of the week to free up time later for second jobs or helping to care for a family member, Teague said.
The National Retailers Association took a similar position. “Government intervention in the scheduling of employees through a one-size-fits-all approach intrudes on the employer-employee relationship and creates unnecessary mandates on how a business should operate,” the association said in a statement on its website.
Despite such concerns, the pro-worker advocacy group Center for Popular Democracy predicted that the victory for secure scheduling in Seattle would encourage other cities to follow suit.
“Those working in Seattle’s retail, restaurant and coffee chains will no longer have to turn their lives upside down just to earn enough hours to survive – and they will finally gain a greater voice in how much and when they work,” the center’s director of the Fair Workweek Initiative, Carrie Gleason, said in a prepared statement. “We can expect the vote in Seattle will inspire other cities to act.”
By Michael Carroll
Source
Warren allies demand answers from Clinton on Wall St. ties
“On behalf of our nine million supporters across the country, we are writing to request more information about your...
“On behalf of our nine million supporters across the country, we are writing to request more information about your positions regarding the revolving door between Wall Street and the federal government,” reads a statement backed by Democracy For America, Rootstrikers, CREDO Action, MoveOn.Org Political Action, the Center for Popular Democracy Action, The Other 98%, Friends of the Earth Action, and American Family Voices.
The missive, which comes as Clinton interrupts her Hamptons vacation to unveil her rural policy platform in Iowa on Wednesday, specifically notes that Clinton has yet to support or comment on Sen. Tammy Baldwin’s Financial Services Conflict of Interest Act. Progressive icon Sen. Elizabeth Warren — who has ties to many of those who signed the letter — has encouraged all presidential candidates to back the legislation, as both Bernie Sanders and Martin O’Malley have done.
“These types of ‘golden parachute’ compensation packages are highly controversial, and for good reason,” the letter reads. “At worst, it results in undue and inappropriate corporate influence at the highest levels of government — in essence, a barely legal, backdoor form of bribery.”
The letter concludes by posing two questions to the Democratic front-runner: “Do you still support the use of this controversial compensation practice?” and “If you become president, will you allow officials who enter your administration to receive this sort of bonus?”
While Clinton has made steps to appeal to the types of progressive voters behind this letter, she has so far resisted pressure from the left to support reviving the Glass-Steagall Act, which separated commercial and investment banking before it was repealed in 1999. And members of these groups who wanted bank antagonist Warren to run for the presidency are on high alert this week after news broke that the Massachusetts senator met with Vice President Joe Biden over the weekend as he considers his own presidential ambitions.
“It’s hard to imagine Democrats’ 2016 nominee will be truly tough on Wall Street banks that break the law, if they won’t commit to banning their advisers from receiving legalized bribes from those same banks,” said Charles Chamberlain, executive director of Democracy for America, a group founded by former Vermont governor and current Clinton backer Howard Dean.
The letter names a pair of Clinton associates who moved from banks to the State Department: Robert Hormats, an undersecretary who came from Goldman Sachs, and Thomas Nides, a deputy secretary who came from Morgan Stanley.
Warren has suggested repeatedly that any candidate seeking her endorsement must agree not to appoint officials with Wall Street ties.
“Anyone who wants to be president should appoint only people who have already demonstrated they are independent, who have already demonstrated that they can hold giant banks accountable, who have already demonstrated that they embrace the kind of ambitious economic policies that we need to rebuild opportunity and a strong middle class in this country,” she said in July.
Source: Politico
Ady Barkan launches new campaign asking everyone to “Be A Hero”
Ady Barkan launches new campaign asking everyone to “Be A Hero”
Activist Ady Barkan, who is fighting ALS, is starting a new fight - to get people to vote. He’s asking people to “Be A...
Activist Ady Barkan, who is fighting ALS, is starting a new fight - to get people to vote. He’s asking people to “Be A Hero” and vote for candidates who protect healthcare. Ady tells Ali Velshi that with all the challenges he faces that if he can get out and vote, everyone can.
Watch the video here.
Elizabeth Warren, Workers Take Aim at ‘Walmart Economy’
RH Reality Check - November 19, 2014, by Emily Crockett - When Sen. Elizabeth Warren (D-MA) and Rep. George Miller (D-...
RH Reality Check - November 19, 2014, by Emily Crockett - When Sen. Elizabeth Warren (D-MA) and Rep. George Miller (D-CA) invited Walmart workers to brief Congress on Tuesday about the retail giant’s abusive practices, the conversation was about more than just Walmart.
“No one in this country should work full-time and still live in poverty,” Warren said.
“This is about the simple dignity of the people you have hired to work,” Miller said. “When you have a higher minimum wage, fair scheduling, and equal work for equal pay, the perception of the business goes up in the people’s mind, the customers go up and the revenues go up.”
Cantare Duvant, a Walmart customer service manager, said at the briefing that since Walmart is the nation’s largest retailer, it sets the standard for others in the industry. “So not only do we as Walmart workers deserve better, our economy also deserves better,” she said.
Duvant is a member of OUR Walmart (Organization United for Respect at Walmart), a union-backed group of Walmart workers who are, in Duvant’s words, “struggling to support our families on low pay and erratic scheduling” in what is now “Walmart’s low-wage economy.”
“Walmart specifically is worth discussing not only because of the 1.3 million workers it directly employs, but also because of the impact its employment practices have on the rest of our economy,” said Amy Traub, senior policy analyst at Demos. She said Walmart does this by “pushing down wages, limited workers hours, and squeezing its suppliers and its competitors.”
A majority of Americans are paid by the hour, and about half of early-career adults have no say in their work schedules, said Carrie Gleason, director of the Fair Workweek Initiative at the Center for Popular Democracy. “This isn’t just a narrow section of people,” she said.
Sen. Warren, a progressive hero who was recently appointed to a position in the Senate Democratic leadership, said that the issue of low-wage work in America is “deeply personal” for her.
When her father lost his job after having a heart attack, Warren said, her working-class family couldn’t pay the bills, lost their car, and almost lost their home. Then one day, “My mother, who was 50 years old and had never worked outside the home, pulled on her best dress, put on her lipstick, put on her high heels, and walked to Sears to get a minimum-wage job.”
“But here’s the key: It was a minimum-wage job in an America where a minimum-wage job would support a family of three.”
That could never happen today, Warren said, when “a momma and a baby on a full-time minimum-wage job cannot keep themselves out of poverty.”
Warren used the briefing to promote three pieces of legislation aimed at helping low-wage workers, including but not limited to people working at Walmart.
Those bills would raise the federal minimum wage to $10.10 per hour, give workers more reliable and flexible schedules, and help women address unequal pay based on gender.
Equal pay came up because women make up about two-thirds of the low-wage work force, and many are family breadwinners. Warren said that women in about half of American jobs can be fired just for asking whether their pay is unequal to their male coworkers.
The Schedules That Work Act, Warren said, is about the “basic fairness” of workers being able to plan for a second job, child care, or schooling. It would require employers to give workers their schedules two weeks in advance, compensate them for showing up for work only to be sent home, and not retaliate against workers for requesting more flexible or predictable schedules.
All three bills have been blocked by Republicans, which Warren openly acknowledged.
“I know that change is not easy. We might not pass these bills right away,” she said. “But don’t kid yourself about the importance of these bills, and the assurance that we’re eventually going to get them through.”
The Schedules That Work Act in particular would help Fatmata Jabbie, a Walmart worker and refugee from Saudi Arabia whose story was read at the hearing.
“Although I am not full-time yet, I am virtually on call seven days a week to pick up extra hours,” she said in her written statement. Her reward for that trouble is usually only 30 to 36 hours of work and $150 to $200 in take-home pay.
“I am a mom with two beautiful children, so I am not the only one who relies on that salary to survive,” Jabbie said.
OUR Walmart is pushing for bigger reforms than the three bills Warren promoted though. Members of the group are calling for their aggressively non-unionized employer to pay a minimum living wage of $15 an hour, provide stable, full-time schedules, and stop retaliating against workers who speak out against the company’s practices.
Duvant, for instance, already makes the $10.10 per hour that the federal minimum wage bill would guarantee—but that doesn’t do her much good, she said, when Walmart will only schedule her for 16 hours of work per week.
And Evelin Cruz, who worked for Walmart for 11 years, said at the hearing that the company fired her a few weeks ago for her activism with OUR Walmart.
“We spoke out for change, and Walmart did what it does best, which is bully, retaliate, and fire me,” she said.
Cruz told RH Reality Check that even though she no longer works at Walmart and is looking for other work, she’ll keep up the fight with OUR Walmart.
“That’s what they count on, for people to be out of Walmart and no longer want to participate,” she said. “But this is an issue that is not only affecting people in Walmart. It’s a widespread problem of scheduling, lack of hours, and a minimum wage that you can’t survive on.”
Source
Should You Carry a Municipal ID Card?
OZY - April 29, 2014, by Pooja Bhatia - Comprehensive immigration reform is on again. No, it’s off again. No, it’s on...
OZY - April 29, 2014, by Pooja Bhatia - Comprehensive immigration reform is on again. No, it’s off again. No, it’s on again. Nope, it’s off again.
Take heart, CIR enthusiasts. As the back-and-forth over immigration reform enters its umpteenth year, a potential workaround might be coming to a city near you.
Since 2007, a handful of cities have issued municipal IDs to residents, regardless of their citizenship. The idea is to integrate undocumented immigrants by making it easier for them to open bank accounts, interact with the police, access city services and rent an apartment. Bringing the undocumented “out of the shadows” will improve civic life for everyone, proponents say.
It’s a warm-hearted move as well as a political calculation. The concept is generally popular in cities, which tend to lean liberal, and is sure to have long-range appeal among voters as national demographics shift. About a dozen cities are in some stage of the municipal ID process.
The line between protecting and branding residents can be a fine one.
But ID cards are not an easy way out of the immigration quagmire. Opponents argue that municipal IDs overstep local authority, could lead to fraud and lure terrorists. The earliest version won vicious backlash, including from federal authorities. Even those who support the cards stress the importance of sweating the small stuff, like card design and privacy controls. The big risk: Unless they’re popular with immigrants and non-immigrants alike, the ID cards can brand as outsiders the very people they attempt to embrace.
“It’s been trial and error for cities to even realize that it’s a risk and start guarding against it,” says Emily Tucker, an attorney at the Center of Popular Democracy who has studied the issue in depth.
This week, New York City will hold its first hearings on municipal ID legislation, a pet project of the new mayor, Bill de Blasio. If approved, New York’s program would be the most prominent of its kind. It would send a message, too, for New York City has a certain symbolic status in matters of security and immigration.
Proponents like Tucker are enthusiastic about New York’s foray into municipal IDs, if a bit wary. If not done right, they say, the ID cards won’t protect undocumented immigrants, but just sort and label them for easy deportation. The line between protecting and branding can be a fine one. The IDs tend to work best when other protections for undocumented residents are in place: confidentiality for city services, local law enforcement policies that limit interaction with Immigration and Customs Enforcement (ICE), and other “sanctuary city” provisions. “Without those things, people won’t want to use the card — they’ll be too afraid,” says Tucker.
Cities vary enormously on this count: Some abide by the ICE’s “detainer requests,” holding suspected unauthorized immigrants in local jails until the federal authorities pick them up. Others refuse. Some jurisdictions allow police to act as ICE deputes. Others won’t allow police officers to inquire about immigration status.
California Highway Patrol officers lead an information session on obtaining a state driver’s license at the Mexican Consulate in San Diego, Calif., on April 23, 2014.
New Haven, Conn., was the first municipality to adopt local IDs, in 2007, after a robber stabbed an immigrant to death. According to reports, undocumented immigrants were dubbed “walking ATMs” — often, they carried cash, as they couldn’t open bank accounts. New Haven’s program faced some backlash, including, allegedly, from federal authorities: Less than two days after the city passed municipal ID legislation, the ICE raided homes in the area and detained 32 immigrants.
Although the city has stood by its program– it’s issued some 10,000 IDs– it’s not clear how functional the IDs are. Cashiers often don’t accept it, researchers found, and it served mostly to underscore the city’s pro-immigrant attitude.
Since 2007, Oakland, San Francisco, Washington, D.C. and several localities in New Jersey have all joined suit. Programs in Richmond and Los Angeles have been approved, and local governments from Philadelphia to Iowa City and Phoenix are contemplating issuing cards, too.
The local ID programs are yet another instance of cities taking “an affirmative step toward securing interests of their residents in the face of congressional inaction,” says Peter Bailon, a lawyer at the progressive American Legislative and Issue Campaign Exchange. They also demonstrate cities’ ability to enact progressive agendas that likely wouldn’t fly nationally.
But are cities exceeding their authority? “It’s not just usurping but contravening federal law,” says Ira Melhman, spokesperson for the conservative Federation for American Immigration Reform (FAIR). There’s controversy here. Although the federal government places control over immigration firmly within its authority, the law does not explicitly forbid the issuance of local IDs, proponents say. And the feds have tended to turn a blind eye to the programs.
Mehlman and others say they also worry about terrorism. They argue that municipal ID requirements are lax and could allow criminals to procure false identification. Official documentation, even if limited to a few municipal venues, could serve as “breeder documents” for other IDs, they say. New York state Senator Greg Ball blasted the municipal ID plan as the “de Blasio Terrorist Empowerment Act.”
ID proponents dismiss such fears as absurd. The IDs, they point out, have stringent eligibility requirements and limited jurisdiction. They don’t replace federal identification documents such as passports, social security cards or tax identification numbers. Their main concern is that the IDs actually be used.
It may not be so easy to circumvent the federal government though, even for cities that are relatively friendly to the undocumented, like New York. De Blasio’s administration has already issued notice that it could put out bid specifications for ID cards, but the City Council has lagged. Only 15 council members have come out saying they favor the legislation, short of the 26 needed for a majority.
Of course, with hearings starting tomorrow, that could change quickly. Are you ready for your New Yorker ID, New Yorkers?
SourceArrests Made At Protest Outside UES Home Of JPMorgan Chase Exec
Arrests Made At Protest Outside UES Home Of JPMorgan Chase Exec
Hundreds of people picketed outside of 1185 Park Ave. around 8 a.m. to deliver more than 100,000 petition signatures...
Hundreds of people picketed outside of 1185 Park Ave. around 8 a.m. to deliver more than 100,000 petition signatures demanding that JPMorgan Chase stop financing immigrant detention centers and private prisons, protest organizers said. The demonstration was organized by groups such as Make the Road New York, New York Communities for Change and the Center for Popular Democracy.
Read the full article here.
Father with ALS asks Sen. Jeff Flake on flight to oppose tax bill
Father with ALS asks Sen. Jeff Flake on flight to oppose tax bill
An activist who suffers from ALS protesting the GOP tax cuts confronted Sen. Jeff Flake (R-Ariz.) over his support for...
An activist who suffers from ALS protesting the GOP tax cuts confronted Sen. Jeff Flake (R-Ariz.) over his support for the controversial proposal and asked him to change his mind.
“Why not take your stand now?” Ady Barkan asked Flake as they waited for their Thursday night flight to depart Washington, D.C. “You can be an American hero. You really could — if the votes match the speech.”
Read the full article here.
Milwaukee faces historic opportunity to transform schools. Here’s how.
Milwaukee faces historic opportunity to transform schools. Here’s how.
Milwaukee spends a greater fraction of its general fund on policing than many other major cities. A 2017 report from...
Milwaukee spends a greater fraction of its general fund on policing than many other major cities. A 2017 report from the Center for Popular Democracy, Law for Black Lives, and Black Youth Project 100, compared 11 other cities and found they devoted 25 to 40 percent of their general fund expenditures to policing — Milwaukee spent 47 percent, or nearly $300 million.
Read the full article here.
1 month ago
1 month ago