Why markets ignore Trump news
Why markets ignore Trump news
ALSO TODAY: FED UP IN WYOMING — Per release: “On the eve of the Federal Reserve’s annual economic symposium in Jackson...
ALSO TODAY: FED UP IN WYOMING — Per release: “On the eve of the Federal Reserve’s annual economic symposium in Jackson Hole, researchers, scholars, and workers will join Fed Up for a panel discussion that will set the tone for this year’s theme: “Changing Market Structure and Implications for Monetary Policy.” Thursday, August 23 - 4:00 pm MDT. “Free Speech Area” directly in front of the Jackson Lake Lodge.
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Flake confronted by women on Kavanaugh, then calls for FBI investigation
Flake confronted by women on Kavanaugh, then calls for FBI investigation
Sen. Jeff Flake was confronted by two women on the nature of sexual assault allegations, and Donald Trump’s Supreme...
Sen. Jeff Flake was confronted by two women on the nature of sexual assault allegations, and Donald Trump’s Supreme Court nominee Brett Kavanaugh. Then Flake called for an FBI investigation into Kavanaugh before the vote. Joy Reid is joined by one of those women, Ana Maria Archila.
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When Work Creates Insecurity
Many of us think that any employment, even part time, provides a measure of security. This is not the case for the...
Many of us think that any employment, even part time, provides a measure of security. This is not the case for the millions of low-wage workers who are subject to unstable work schedules. In an effort to minimize labor costs (and with an egregious fixation with statistical models), businesses are hiring part time and using scheduling software that attempts to dynamically match labor hours with demand. This practice, known as ‘just-in-time’ work scheduling, shifts business risk to some of the most vulnerable workers and has serious consequences for families.
Store managers say that they prefer to hire workers with open availability, so employment is essentially contingent on open availability with no minimum guarantee of hours. Applicants are compelled to conceal outside commitments, including caregiver duties and their own medical needs. Workers who desperately need more hours are unable take a second job, since anything less than full availability is responded to punitively with reduced shifts. Workers are sometimes sent home early or without clocking in at all.
Unpredictable schedules means workers are unable to improve their future earnings through school or training. Over the long term, career trajectories are negatively affected because part-time workers receive lower hourly wages, less training, and fewer opportunities for job promotion. This structural barrier to economic mobility has the potential to create a permanent underclass of worker.
Volatile work schedules also mean volatile incomes, and added uncertainty in daily life. “The amount of hours and days I work changes on a weekly basis so I never know how much my check will be,” a worker testifying for the Fair Workweek Initiative explains. “That means I don’t know how much I can contribute to rent and bills, how much food I can buy for my daughter, or whether I can even afford to do laundry that week.”
Last fall, The Center for Law and Social Policy (CLASP) presented an audio conference to discuss updates to the social safety net to better accommodate volatile work schedules. During the conference, Jessica Webster from the Legal Services Advocacy Project in Minnesota related a story about a mother of one-year-old twins who was working as a security guard while receiving TANF. An unexpected drop in work hours caused interruption in her subsidized childcare, resulting in job loss and homelessness.
Called the “next new human right” by American Prospect, the issue of fair work schedules has gained a lot of traction over the past year. In 2014, a federal bill to address abusive scheduling practices died in committee and was reintroduced by Senator Warren in 2015 with substantially more sponsors. Advocates are not waiting for action from Capitol Hill, however. In 2014, the San Francisco Board of Supervisors passed the Retail Workers Bill of Rights, the first sweeping reforms addressing on-demand scheduling and part-time work in the country. In 2015, several jurisdictions introduced legislation designed specifically to address fair work scheduling.
The Center for Law and Social Policy (CLASP) maintains a repository for information pertaining to unstable work schedules and the University of Chicago hosts the Employment Instability, Family Wellbeing, and Social Policy Network (EINet), a group of academics and policymakers who are working to address these issues. The NationalWomen’s Law Center has presented testimony to congress and compiled fact sheets that spell out legal provisions as well as the effects on female-headed households.
Perhaps as a result of increased media coverage, some retailers announced an end to on-call shifts, with mixed results. In December, Kronos, one of the largest software developers in the work scheduling space, announced a partnership with the Center for Popular Democracy to build in features that take worker preference into account. Even more encouraging, some business leaders and academics are questioning whether minimizing labor costs is actually beneficial to the bottom line. Researchers at the Center for WorkLife Law assert that it is possible to improve scheduling efficiency, while considering the needs of workers.
What Community Groups Can Do While the fight for a fair work week continues, it is likely that many constituents of community organizations are facing this kind of uncertainty with both schedule and income. This may impede the work of community groups in many ways, from making it more complicated to determine appropriate affordable rent based on income to making it harder for residents to regularly show up for trainings, appointments, or organizing meetings.
Some of CLASP’s recommendations for adapting social service agencies to this new work environment can apply to community organizations as well. They include:
1. Offering blocks of call-in time, rather than specific appointments.
2. Using sliding fee schedules so that a temporary change in income doesn’t disqualify a family for services.
3. Estimating incomes over a longer time horizon or projecting future income with variability in mind.
4. Lengthening re-qualification periods for services.
5. Developing education and job-search tools that can be accessed intermittently online rather than holding workshops
6. Offering childcare with extended hours and vouchers that permit hours to be purchased in blocks of time that can vary from week to week.
7. Providing information on off-hours public transit options and income-based transportation fees, like those offered by the city of Seattle. Sincepoverty is now growing fastest in the suburbs, those living outside of urban centers have fewer transportation options, especially for non-standard shifts. Logistics can quickly get out of hand for those who commute to multiple part-time jobs or need pick up children from day care at a specific time.
Community-based organizations might also consider taking on an advocacy role with public agencies. When it comes to public benefits, just-in-time scheduling creates an irony that borders on the absurd: while unstable work hours compel many families to rely on public benefits, this same volatility often prevents access to those benefits. A small, temporary increase in income or decrease in work hours can trigger automatic sanctions or program disqualification.
Though under federal funding, accommodations would be allowed under the sorts of circumstances just-in-time scheduling creates, Webster noted that state agencies often fail to exercise this discretion, and clients and administrators alike are often not aware it is possible. State and local agencies can and should realign their processes to address this. But there is also an opportunity for those outside of public agencies to make a difference by organizing to inform recipients of their benefits rights. These efforts would save money by reducing “churn” (i.e., people kicked off benefits only to be put back on them again), improve outcomes for recipients, and remove disincentives to work. CLASP notes that these ideas have broad political support, which could be encouraging news for enterprising community practitioners who would like to develop a role in this area.
Fundamentally, we need to advance legal and cultural recognition that, especially for those who are resource-constrained, time is tremendously valuable, and that human needs are not nearly as scalable as mathematical models imply.
Source: Rooflines
New Report Details Plans for Low-Wage Worker Justice
The Village Voice - February 14, 2013, by Jason Lewis - When a worker in this city has to endure a three-hour walk to...
The Village Voice - February 14, 2013, by Jason Lewis - When a worker in this city has to endure a three-hour walk to work because his minimum wage salary doesn't allow for him to afford public transportation, that's a problem.
Low-wage workers across the city have stood up in the past year to demand that such insecurity be eradicated and to pressure employers to finally begin to provide them with just compensation for their labor.
Building on the progress generated by these worker-led movements--in industries such as retail, fast-food, airline security and car washing--UnitedNY, the Center for Popular Democracy and other advocacy groups held a symposium and released a report yesterday analyzing the state of the city's low-wage worker movement.
"It's very difficult to try and make ends meet on $7.25 minimum wage in New York City," Alterique Hall, a worker in the fast-food industry, said during a news conference following the event. "Some nights you want to lay down cry because you [feel] like 'what's the point of going to work and putting all of myself into a job, [if] I'm going to be miserable when I get off work, miserable when I go home...and don't want to wake up and go to work the next day...to get disrespected, treated poorly and paid poorly.'"
Hall, who's been active in the push for fairer wages in the fast-food industry, is the worker who is often forced to embark on the three-hour treks to work. Hall said that his boss will sometimes said him home as a penalty for his tardiness--without considering the ridiculous journey he has to travel just to get to there.
"Working hard, and working as hard as you can, isn't paying off for them," mayoral hopeful and former City Comptroller Bill Thompson, said during the news conference. "They're being underemployed, They're being underpaid. They're being taken advantage of. They're being ignored. They're becoming a permanent underclass in the city of New York."
The UnitedNY and CPD report lays out four specific initiatives that workers and advocates must pressure the city to implement in order to help better the plight of low-wage workers. The reports calls on the city and employers to :
[Raise] standards for low-wage workers. [Regulate] high-violation industries where labor abuses are rampant. [Establish] a Mayor's Office of Labor Standards to ensure that employment laws are enforced. [Urge] the State to allow NYC to set a minimum wage higher than the State minimum--due to the higher cost of living in the City.The report pays close attention to the need for City Council to pass the paid sick-leave bill, and increase the minimum wage in the city to $10/hour--a salary that would net a worker with regular hours about $20,000/year in earnings.
"We can't continue to be a Tale of Two Cities, where the path to the middle class keeps fading for thousands of New Yorkers," said New York City Public Advocate Bill de Blasio. "We must break the logjam and pass paid sick leave in the City Council. We have to protect low-wage workers fighting union busting employers. We can't tolerate inaction any longer. It's time for real action to fight for working families."
During one of the symposium workshops, a panel of labor experts discussed the obstacles facing low-wage workers in their fight to obtain such rights.
"[We've] shifted from a General Motors economy to a Wal-Mart economy," Dorian Warren, a professor of public affairs at Columbia University, said during the discussion. "[The job market is filled with] part-time jobs, low wages, no benefits, no social contract, no ability to move up in the job the way 20th century workers were able to."
Warren says that the quality of jobs in the American economy will only decline if something isn't done. He noted that 24 percent of jobs were low-wage in 2009. By 2020, that number is expected to nearly double and hit 40 percent. To make matters worse, technological "advances" are expected to increase unemployment rates by 3-5 percent moving forward.
"We're looking at an economy only of low-wage work in the future, but also of high and permanent levels of unemployment," Warren said.
The panel was moderated by acclaimed labor reporter, Steven Greenhouse of the N.Y. Times and included Angelo Falcon, president of the National Institute for Latino Policy, Deborah Axt, co-executive director of Make the Road New York, M. Patricia Smith, the solicitor of labor for U.S. Department of Labor and Ana Avendano of the AFL-CIO.
Several panelists stressed the need to combat attacks from right-minded forces seeking to erode worker wage and benefit rights. Falcon says that those fighting for worker rights must correct popular narratives, many of which categorize wage and benefit increases for workers as business-killers.
"When we talk about the minimum wage, the immediate response from business is, we're going to lose jobs because, we're only going to be able to hire a few people. We have to have an answer to that objection," Falcon said. "Through raising the minimum wage, you create job growth in terms of people being able to put more money into the economy. You're [putting] less pressure on social welfare systems...the system is still subsidizing business [when the public provides] welfare and other social services."
Warren* argued a similar point.
"I think we have to be much more explicit about targeting the right the way that they've targeted us. There's a reason why the right has gone after public sector unionism," Warren* said. "They know that's where the heart of the labor movement is in terms of funding and in terms of membership. We have to get smarter about which parts of the right do we target to destroy ideologically, organizationally so that we can advance further our movements."
Source
Elizabeth Warren And Congressional Democrats Call Out Lack Of Diversity At The Federal Reserve
Elizabeth Warren And Congressional Democrats Call Out Lack Of Diversity At The Federal Reserve
A majority of House Democrats and eleven Democratic senators sent a letter to Federal Reserve Chair Janet Yellen on...
A majority of House Democrats and eleven Democratic senators sent a letter to Federal Reserve Chair Janet Yellen on Thursday, urging the Fed to improve the diversity of its top officials and increase the representation of consumer and labor groups in its ranks.
The letter, spearheaded by Sen. Elizabeth Warren (D-Mass.) in the Senate and Rep. John Conyers (D-Mich.) in the House, argues that a lack of diversity of all kinds at the Federal Reserve undermines the central bank’s ability to represent the public.
The Fed’s control over monetary policy, the letter notes, gives it far-reaching influence over the economy. When the central bank decides to raise interest rates, it increases borrowing costs, putting downward pressure on job creation in order to keep inflation in check.
A Fed with fewer black and female decision-makers might be less attuned to the ways in which modest changes in the job market disproportionately affect African-Americans and women, both of whom suffer from employment discrimination.
“When the voices of women, African-Americans, Latinos, and representatives of consumers and labor are excluded from key discussions, their interests are too often neglected,” the letter states.
Boasting the signatures of 116 House Democrats, including all of the Democrats in the Congressional Black Caucus, the letter does not lack for evidence with which to critique the central bank.
Eighty-three percent of the board members of the regional Federal Reserve banks are white, and almost three-quarters of them are men, according to a Center for Popular Democracy study cited in the letter.
Just 11 percent of those board members represent consumer and community groups or labor organizations, the study states, while 39 percent come from the financial industry and 47 percent from other major business sectors.
When the voices of women, African-Americans, Latinos, and representatives of consumers and labor are excluded from key discussions, their interests are too often neglected.
Warren-Conyers letter to Janet Yellen
The congressional Democrats praised Yellen in the letter for prioritizing full employment since she has taken the helm in 2014. Yellen has presided over just one increase in the Fed’s benchmark rate in December, when the Fed raised it to a range of 0.25 to 0.5 percent from the near-zero level, where it had been since the 2008 financial crisis.
The letter also credits Yellen for promising to “consider” African-American candidates for open regional Fed president positions during her congressional testimony in February, and expressing “concern” that there has never been a black president of a regional Federal Reserve bank.
But just days after Yellen’s testimony, the Democrats note, the Fed announced it had approved the re-appointment of 10 regional Fed presidents, all of whom are white and eight of whom are men.
“Despite the importance of this decision, there appears to have been no public consultation, and limited transparency regarding the metrics and criteria used to evaluate the presidents’ performance, or in the decision to reappoint them,” the letter alleges.
Warren and Conyers’ letter is part of a broader push by progressive members of Congress, along with national activist groups and like-minded economists, to make Federal Reserve monetary policy a key component of the progressive agenda. They argue that the outsize influence of inflation-wary financial professionals on the central bank, plus sustained pressure from ideological conservatives in Congress, mean it’s time for liberals to be more vocal about their views.
The Fed Up coalition, an alliance of progressive groups headed by the Center for Popular Democracy, has led these efforts, which include a reform plan released in April that would transform the Fed into a wholly public entity, among other changes. (The 12 regional Fed banks are currently owned by private financial institutions.)
Fed Up said activists affiliated with its member groups made calls to members of Congress to encourage them to sign the letter.
Democratic hopeful Sen. Bernie Sanders (I-Vt.) was among the lawmakers who did so. Sanders also praised Fed Up’s April reform plan and released detailed proposals of his own for the central bank in December.
Fellow Democratic candidate Hillary Clinton’s campaign implied that Clinton agreed with the letter’s key demands.
“Secretary Clinton believes that the Fed needs to be more representative of America as a whole as well as that commonsense reforms — like getting bankers off the boards of regional Federal Reserve banks — are long overdue,” Jesse Ferguson, a spokesman for the Clinton campaign, said in a statement. “Secretary Clinton will also defend the Fed’s so-called dual mandate — the legal requirement that it focus on full employment as well as inflation — and will appoint Fed governors who share this commitment and who will carry out unwavering oversight of the financial industry.”
The remarks appear to be the most explicit comments to date by either Clinton or her campaign on the Democratic presidential front-runner’s vision for the Fed and the types of Fed officials she would appoint as president.
Presumptive GOP nominee Donald Trump’s presidential campaign did not immediately respond to a request for comment on the letter.
Trump told CNBC last week that he would likely replace Yellen, who is the first female chair of the central bank, once her term ends in 2018. In the same interview, he said he supports low interest rates, a policy Yellen promoted that might be undone by a more conservative Fed chair.
Trump’s latest comments suggest a departure from claims he made in August, when he said the low rates were feeding a financial asset bubble.
By Daniel Marans
Source
Many residents stand against Donald Trump
Many residents stand against Donald Trump
Queens residents have been among the thousands protesting President-elect Trump in Manhattan since the election. “It...
Queens residents have been among the thousands protesting President-elect Trump in Manhattan since the election.
“It was a rally and a march called together primarily by immigrants rights groups to provide a space for immigrant communities, people that are undocumented to be able to raise up the voices and the perpsectives of immigrant communities,” DRUM — South Asian Organizing Center Executive Director Fahd Ahmed told the Chronicle, adding that Sunday’s march would not be the last that they attend.
According to the immigrant advocacy group Make the Road New York, more than 15,000 immigrant New Yorkers and their supporters attended the event.
“Well, basically we were marching because we will not tolerate the hate agenda, we’re here to stay and we reject that,” Ozone Park resident Julissa Bisono said. “We want to make sure that New York City continues to be a sanctuary for immigrant families and that’s why we decided to march yesterday, to make sure that President-elect Trump hears our message.”
Kenneth Shelton, a St. John’s University student, organized the march on Saturday from Union Square to Trump Tower with the news outlet BlackMatters US.
“It was just for people to vent their frustration, get out there and protest but also to show that we’re unified,” Shelton said. “We need to organize ourselves into a movement socially, politically and economically.”
“We reject his hate and refuse to live in constant fear under a president who does not regard us as human,” Queens resident Ana Maria Archila, co-executive director of the Center for Popular Democracy, said in a prepared statement. “[Sunday’s] rally and march marks our first, though certainly not last, line of resistance against Trump’s brutal anti-immigrant regime.”
Queens is believed to have more unauthorized immigrants than any other borough, nearly 250,000, who could face deportation.
“The immigrant communities here, they’re real hard-working families and they’re scared,” Bisono said.
According to Bisono, there is a serious fear among immigrants that they could be harmed after last week’s election.
“We had kids that came who didn’t even go to school because they were afraid to not come back the next day,” she said. “We shouldn’t be living in fear.”
For people who feel like they may be threatened by the Trump administration, the protests were an opportunity to stand in solidarity with others who are as worried.
Ahmed, whose group is based in Jackson Heights and used to be called Desis Rising Up and Moving, said that the protests are “to get people out of fear, to get them out of isolation and to build with each other.”
Although Trump has urged his supporters to not hurt others and commit hate crimes, those have spiked nationwide in the days following his election victory.
“The large number of people that came to these actions have been black communities, Latino communities — the people explicitly being told that they need to watch out and will be targeted,” Ahmed said.
By Ryan Brady
Source
How the Labor Movement is Thinking Ahead to a Post-Trump World
How the Labor Movement is Thinking Ahead to a Post-Trump World
The American labor movement, over the past four decades, has had two golden opportunities to shift the balance of power...
The American labor movement, over the past four decades, has had two golden opportunities to shift the balance of power between workers and bosses — first in 1978, with unified Democratic control of Washington, and again in 2009. Both times, the unions came close and fell short, leading, in no small part, to the precarious situation labor finds itself in today.
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Toys 'R' Us and the Death of Retail
Toys 'R' Us and the Death of Retail
When Debbie Beard found out the company she'd worked at for 29 years, Toys R Us, was closing down, she was shocked--she...
When Debbie Beard found out the company she'd worked at for 29 years, Toys R Us, was closing down, she was shocked--she knew the company had been having financial difficulties for a while, but didn't realize it was that bad. The more she learned, though, about the way the company had been looted by private equity firms Bain Capital and KKR, the more she determined that no one else should have to go through this. Debbie and other Toys R Us workers are organizing to demand severance pay from the company, and beyond that, organizing to stop the kind of leveraged buyouts that saddle viable companies with unsustainable debt. She joins me along with Carrie Gleason of the Fair Workweek Initiative at the Center for Popular Democracy to explain what can be done.
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The issue Democrats need to address in the debate
In just two years, more than 13 million workers have received a raise, most notably in Los Angeles, Chicago, Seattle,...
In just two years, more than 13 million workers have received a raise, most notably in Los Angeles, Chicago, Seattle, Massachusetts and just last month in New York, where wages for fast-food workers were raised.
Work strikes and broad-based mass mobilizations are inspiring and filling a much-needed void. This worker-led movement is stepping in where the federal government has failed.
Nearly 50 percent of workers earn less than $15 an hour and 43 million are forced to work or place their job at risk when sick or faced with a critical care giving need. When Hillary Clinton, Bernie Sanders, Jim Webb, Martin O'Malley, and Lincoln Chafee take the stage in Las Vegas on Tuesday night for the first Democratic presidential debate of the 2016 election, will they be addressing this powerful and significant constituency?
Will they provide relief for working families by presenting real policy solutions that go to the core of what it means to thrive? Or will they trade sallies and barbs in a bid to prevail in a popularity contest, overshadowing the experience of millions of working families in America?
Democratic contenders are likely to lament the fate of a declining middle class squeezed by the rapacious appetites of the 1 percent. This is important, but the candidates will also need to focus on ensuring that the middle class grows through a fair minimum wage, and struggling American workers, many of whom are women and people of color, can take paid sick time off without being penalized.
Not in recent decades have we seen such a vibrant backdrop of resistance and organizing around wages and workers' rights in this country, and Democratic candidates must not squander this golden opportunity to raise awareness around these issues and set an agenda that goes to the heart of what Americans need.
And the workers have been heard: a $15 minimum wage has been passed in the nation's largest cities. In addition, laws raising the minimum wage to more than the federal standard of $7.25 an hour have passed in a number of states and cities. There are now campaigns to raise the floor and standards for workers are being led in 14 states and four cities.
We've seen how lives can change when workers are paid a salary allowing them to make ends meet. Unable to adequately provide for her family on $9 an hour, health-care worker and single mother Sandra Arzu is one of the workers who fought fora $15 minimum wage in Los Angeles. The raise will fundamentally change her life and ability to put food on the table for her family and pay the rent.
Higher wages are vital to improving the lives of low-wage workers but it's not a cure-all. It's also important for low-wage workers to have access to paid sick days to take care of themselves and their families without fear of retribution. A Center for Popular Democracy report published earlier this month reveals 40 percent of surveyed Starbucksworkers reported facing barriers to taking sick days when they were ill.
The candidates need to address in a real way what workers must manage daily. Like a Starbucks barista from Washington State who describes coming to work sick out of fear she would lose her job if she took the day off. She says she rested on cardboard spread out on the floor so she could step in when there was heavy foot traffic in the store.
The federal government has an opportunity to dignify the lives of all workers in this country and address persistent inequality by enacting nationwide policies raising the minimum wage and enforcing paid sick leave. Millions of workers have issued a clarion call to the Democratic candidates and it's now their turn to respond with aggressive policy solutions to address the divide in this country.
We will be watching closely on Tuesday night to see if the candidates have heard the call from this key Democratic constituency — a constituency the Democratic party can't afford to lose.
Source: CNBC
In Service Sector, No Rest for the Working
New York Times - February 21, 2015, by Steven Greenhouse - On the nights when she has just seven hours between shifts...
New York Times - February 21, 2015, by Steven Greenhouse - On the nights when she has just seven hours between shifts at a Taco Bell in Tampa, Fla., Shetara Brown drops off her three young children with her mother. After work, she catches a bus to her apartment, takes a shower to wash off the grease and sleeps three and a half hours before getting back on the bus to return to her job.
At Hudson County Community College in Jersey City, Ramsey Montanez struggles to stay alert on the mornings that he returns to his security guard station at 7 a.m., after wrapping up a 16-hour double shift at 11 p.m. the night before.
And on many Friday nights, Jeremy Little waits tables at a Perkins Restaurant & Bakery near Minneapolis and doesn’t climb into bed until 3 a.m. He returns by 10 a.m. for the breakfast rush, and sometimes feels so weary that he forgets to take rolls to some tables or to tell the chef whether customers wanted their steak medium rare.
“It makes me feel really tired,” Mr. Little said. “My body just aches.”
Employees are literally losing sleep as restaurants, retailers and many other businesses shrink the intervals between shifts and rely on smaller, leaner staffs to shave costs. These scheduling practices can take a toll on employees who have to squeeze commuting, family duties and sleep into fewer hours between shifts. The growing practice of the same workers closing the doors at night and returning to open them in the morning even has its own name: “clopening.”
“It’s very difficult for people to work these schedules, especially if they have other responsibilities,” said Susan J. Lambert, an expert on work-life issues and a professor of organizational theory at the University of Chicago. “This particular form of scheduling — not enough rest time between shifts — is particularly harmful.”
The United States decades ago moved away from the standard 9-to-5 job as the manufacturing economy gave way to one dominated by the service sector. And as businesses strive to serve consumers better by staying open late or round the clock, they are demanding more flexibility from employees in scheduling their hours, often assigning them to ever-changing shifts.
Workers and labor advocates are increasingly protesting these scheduling practices, which often include giving workers as little as two days’ advance notice for their weekly work schedule. These concerns have gained traction and translated into legislative proposals in several states, with proponents enviously pointing to the standard adopted for workers in the 28-nation European Union. It establishes “a minimum daily rest period of 11 consecutive hours per 24-hour period.”
Britain, Germany and several other countries interpret that to require that workers be given at least 11 hours between shifts, although waivers are permitted. “If a retail shop closes at midnight, the night-shift employees are not allowed to start before 11 o’clock the next morning,” said Gerhard Bosch, a sociology professor and expert on labor practices at the University of Duisburg-Essen in Germany.
Continue reading the main story
In the United States, no such national or state labor law or regulation governs the intervals between shifts, except for some particular jobs like airline pilots, although some unions have negotiated a minimum time for workers to be off, sometimes eight, 10 or 12 hours.
But at the state level this year, bills have been introduced in Maryland and Massachusetts and will be introduced in Minnesota on Monday, each of them calling on employers to give workers at least 11 hours between shifts and three weeks’ advance notice for schedules. Those proposals would require businesses to pay some time and a half whenever employees are called in before 11 hours have passed between shifts.
Paul Thissen, the Democratic leader of the Minnesota House of Representatives, supports the legislation. “When it comes to scheduling, the playing field is tilted very dramatically in favor of the employer,” Mr. Thissen said. “What we’re proposing is just trying to rebalance the playing field.”
Anthony Newby, executive director at Neighborhoods Organizing for Change, a Minneapolis-based group that advocates for worker rights, among other issues, said that clopenings have become a big issue in his region. “Clopenings are hurting many of our members; many are in the restaurant field and some in construction and nursing,” he said. “We worry it has an effect on safety — workers feel they’re on autopilot. It also has a big impact on families, on mothers trying to manage a family and arrange child care.”
Ms. Brown, who works as a cashier at Taco Bell, said her children — ages 5, 4 and 2 — don’t like it when she has just seven hours between shifts. That usually means they hardly see her for two nights in a row; they sleep at their grandmother’s both nights. On the second night, after just three and a half hours’ sleep the previous day, Ms. Brown says she stops by her mother’s for an hour or two to see her children, and then heads home to sleep.
“My kids say, ‘Mommy, I miss you,’ ” she said. “I get so tired it’s hard to function. I feel so exhausted. I don’t want my kids suffering not seeing me. I try to push to go see them.”
Although Ms. Brown dislikes clopenings, she doesn’t turn them down because she needs as many hours as she can get. She makes $8.10 an hour and works about 25 hours a week.
Brandon Wagner, who works for a Zara apparel store in Manhattan, often works from 1 p.m. until 10:30 p.m. or 11 p.m., getting back to his apartment in Brooklyn around midnight. He often must be back at work at 8 the next morning, and as a result he sleeps just five hours.
“When you question this, they give a shrug of the shoulder,” Mr. Wagner said. “They say, ‘Everybody does this. You have to put up with it or go somewhere else.’ ”
Last summer, Starbucks announced that it would curb clopenings on the same day that The New York Times published an article profiling a barista, Jannette Navarro, mother of a 4-year-old, who worked a scheduled shift that ended at 11 p.m. and began a new shift at 4 a.m.
Continue reading the main story
Continue reading the main story
At the time, Cliff Burrows, Starbucks’s group president for the United States, said: “Partners should never be required to work an opening and a closing shift back-to-back. District managers must help store managers problem-solve issues specific to individual stores to make this happen.” (“Partners” is the term Starbucks uses for its employees.)
Neil Trautwein, a vice president with the National Retail Federation, acknowledged that some instances of scheduling were egregious, but he pointed to Starbucks’s voluntary response to argue that states should not enact any laws to address the issue.
“Advocates have it wrong to think you can legislate and just outlaw the process,” Mr. Trautwein said. “The market adjusts to the needs of workers.” He added that what Starbucks did “demonstrates that businesses listen to their employees and adjust.” (In response to complaints about schedules changing week to week, Walmart said on Thursday that it would give workers more predictable schedules.)
But several people who identified themselves as Starbucks employees complained on a Facebook private group page that they still were scheduled for clopenings, despite the company’s pronouncement. One worker in Texas wrote on Jan. 30, “I work every other Sunday as a closer, which is at 10:30 or really 11-ish, then scheduled at 6 a.m. the next morning.” Another worker in Southern California wrote, “As a matter of fact I clopen this weekend.”
Laurel Harper, a Starbucks spokeswoman, questioned the authenticity of the Facebook posts. She said company officials had held conversations nationwide “to make sure we are giving our partners the hours they want” and to prevent clopenings.
Some managers say there are workers who don’t mind clopenings — like students who have classes Monday through Friday and want to cram in a lot of weekend work hours to maximize their pay.
Tightly scheduled shifts seem to have become more common for a number of reasons. Many fast-food restaurants and other service businesses have high employee turnover, and as a result they are often left with only a few trusted workers who have the authority and experience to close at night and open in the morning. Professor Lambert said no studies had been done on the prevalence of clopenings nationwide.
Carrie Gleason, director of the fair workweek initiative at the Center for Popular Democracy, a liberal advocacy group, said one reason for the increasing prevalence of clopenings was that many companies had shifted scheduling responsibilities away from managers and to sophisticated software that she said was not programmed to prevent such short windows between shifts.
But David Ossip, chief executive of Ceridian, a human resources and payroll company, said that when his company provided scheduling software to companies, it generally recommended programming a mandated rest period. The software would then warn managers when an added shift violated that rest period.
“You would make sure you have a minimum rest period between shifts,” he said. “We would set up fairness results that call for regular working hours — not one day work at night, the next day work in the morning.” He added, “You have to be home for eight, 10 or 12 hours.”
Andy Iversen, a stocker at Linden Hills Co-op in Minneapolis, said the grocery store’s managers used to schedule him two or three times a week to work until 9 p.m., and then be back at 5 a.m.
“I was beyond exhausted,” he said, noting that he was getting to bed at midnight and waking around 3:45 a.m. At the time, he was pursuing a master’s degree and taking a course in neuroscience. “I couldn’t concentrate because I was so tired,” he said. “I had to drop out of class.”
Mr. Iversen praised his store’s managers for no longer giving him clopenings. Marshall Wright, the store’s produce manager, said, “We think it’s the right thing to do. We don’t feel people should work shifts like that.”
Mr. Iversen couldn’t agree more: “It doesn’t take that much empathy or reasoning to see that clopenings stink, and people don’t want to do it.”
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