Activists swarm Senate offices to protest Republican health care bill; 155 arrested
Activists swarm Senate offices to protest Republican health care bill; 155 arrested
Crowds of activists swarmed Senate offices Wednesday to protest the Republican Party's proposed plan to repeal...
Crowds of activists swarmed Senate offices Wednesday to protest the Republican Party's proposed plan to repeal Obamacare.
Lining hallways across Washington, participants staged multiple demonstrations looking to voice their dissatisfaction with Majority Leader Mitch McConnell's intent to dismantle Obamacare without a replacement following the implosion of the Republican Party's latest Senate health care bill.
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Yellen, Departing Fed, Will Join Brookings
Yellen, Departing Fed, Will Join Brookings
Fed Up, a coalition of unions and community groups, said it would deliver a giant “Thank You” card to the Fed on Friday...
Fed Up, a coalition of unions and community groups, said it would deliver a giant “Thank You” card to the Fed on Friday afternoon to celebrate Ms. Yellen’s success in reducing unemployment.
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If Politicians Actually Want to Make Change, They Have to Think Like Organizers
If Politicians Actually Want to Make Change, They Have to Think Like Organizers
In 2011, after years of entrenched fighting between businesses and labor supporters, and months of negotiation in the...
In 2011, after years of entrenched fighting between businesses and labor supporters, and months of negotiation in the city council, Seattle’s paid sick-leave ordinance came down to a walk in the park. The bill’s sponsor, councilmember Nick Licata, invited his colleague Tim Burgess, the council’s stalwart fiscal conservative, for a stroll around Green Lake. At that point, few council members were willing to support the bill and Licata was nowhere close to the five-vote majority he needed.
“I figured, in some ways, the swing vote would be Burgess,” Licata explained. “Given his standing in the business community, if he supported it, then other council members would come out and support it. It would have a domino effect.”
Walking side-by-side around the park’s lakeside path, Licata learned that Burgess wanted only minor concessions. Licata brought those back to his coalition of sick-leave supporters, who agreed to most of them. The bill, which had been stuck for years in legislative limbo, began to move. Burgess voiced his support, other councilmembers followed, and Licata wrangled the votes necessary to pass one of the country’s first laws requiring all employers to provide paid sick time to workers.
Laws like this help make Seattle the progressive city it is. In the past five years alone, Seattle has become the first major city to enact a $15 minimum wage; banned the use of plastic bags; sanctioned homeless encampments on city property; helped lead the charge on statewide votes for legal marijuana and marriage equality, and more. To hear most residents tell it, this progressive streak is as inevitable as good coffee or the craggy face of Mount Ranier—the natural outcome of a city peopled by good liberals who want to do the right thing.
But, as the long fight to win paid sick leave suggests, Seattle’s progressive laws are anything but inevitable. The city’s businesses fight tooth and nail against every attempt to improve worker rights and pay, threatening an exodus to friendlier climates. And while Seattle residents say they want the city to be affordable and want to help the rapidly growing homeless population, they also show up in force to protest affordable-housing measures and proposals to open more temporary homeless encampments.
What has fueled Seattle’s progressive victories, then, isn’t some mystery potion or innate Northwestern goodness, but the same hard work that has forced progress in other cities: grassroots organizing, tenacity, and political allies like Nick Licata. For 18 years, Licata has been one of the most reliable forces inside City Hall pushing and prodding Seattle to be a more humane city.
Since his election in 1998, Licata has had his hands in every piece of progressive legislation to pass through City Hall. He fought years of serious opposition to pass the Rental Registration and Inspection Ordinance, championed paid sick leave and the $15 minimum wage, created Seattle’s first lobbyist-registration law, pushed for sanctioned homeless encampments, and much more. He also fought against public funding of sports stadiums, a bill to outlaw panhandling, and plenty of other attempts at city-sanctioned discrimination.
Throughout his time in office, Licata was doggedly consistent in both his political ideology and his commitment to progressive causes. Among his colleagues, he was often the one vote to the left of all others, but they respected his attention to detail and willingness to work with everyone. Licata’s consistency and legislative success helped him build a citywide progressive base that reelected him every time he ran. Occasionally, it even won him accolades outside his adopted city. The Nation named him Most Valuable Local Official in 2012.
Beyond advancing progressive policy, Licata’s time in office helped carve out a space for the current progressive bloc of councilmembers, including Kshama Sawant, Mike O’Brien, and Licata’s longtime legislative aide turned successor, Lisa Herbold. It is of course overly simplistic to draw a straight line from Licata to those that came after him, but his ability to stay true to his values while getting things done helped pull Seattle’s traditionally centrist electeds to the left and proved that voters support progressives.
“Nick, for so long, fostered and cultivated this progressive wing of Seattle,” said O’Brien. “One of the things I learned from Nick is you don’t need to shy away from progressive values. You can embrace them.”
Since his election in 1998, Nick Licata has had his hands in every piece of progressive legislation to pass through Seattle's City Hall.
Last December, Licata finished his final term as a city councilor—a move he was careful not to frame as retirement. He is not ending his political work, just changing the form it takes. Some of his time will be spent working with Local Progress, the nonprofit network of progressive local politicians he helped found in 2012. Some of it will be spent promoting his recently published book, Becoming A Citizen Activist, which is part memoir and part how-to guide for navigating local government. All of it is in service of Licata’s theory of the city as a tool for movement-based social and political change.
“With Congress deadlocked and state governments largely taken over by the right wing, large urban areas are the last bastions of progressive strength,” he explained. “But it’s hard to manifest that into political power. We need to start going where our strength is and building out from that.”
* * *
Licata’s attempt to seed state and national change by fomenting shifts at the local level is, in many respects, the logical conclusion of a career built on grassroots activism.
Licata was born in Cleveland in 1947, the son of traditional working-class Catholics who never graduated from high school. His turn towards progressive politics began during his college years at Bowling Green State University, where he helped found the school’s chapter of Students for Democratic Society, and solidified in 1970, when he was a graduate student at the University of Washington protesting the war.
After grad school, Licata moved into PRAG House, a commune that would serve as home base for 25 years of organizing and activism that eventually launched his political career. Like a true Renaissance lefty, he had hand in almost all the consequential battles of the age, as well as some of the less consequential ones. He published a directory of Seattle community groups and social services called the People’s Yellow Pages; helped form Coalition Against Redlining; launched an alternative weekly called the Seattle Sun; helped organize an annual 24-hour dance marathon called Give Peace A Dance to raise money for nuclear disarmament TV ads; and co-founded Citizens For More Important Things to fight public funding of new baseball and football stadiums in Seattle, among other things.
Much of Licata’s activist career was paid for by his work as an insurance broker, a kind of Wallace Stevens of the activist left. But after 15 years of this arrangement, Licata was unhappy and his bosses expected him to become a manager.
He left to run for city council.
* * *
In Licata’s first run at council, he was the underdog against Aaron Ostrom, a popular city staffer with establishment backing. Despite being outspent and running without major endorsements, Licata was able to organize his broad activist networks to show up at the polls and elect him.
“I was somewhat isolated [as a progressive]. I could tell my new colleagues thought I was going to be temporary. The first day in office I didn’t have a chair, though I think it was an oversight,” Licata said.
Nonetheless, Licata managed to prove his efficacy. Years of working in insurance gave him a keen eye for detail and in his first year in office, he found an extra $50,000 that had not been allocated in the budget.
Licata’s attempt to seed state and national change by fomenting shifts at the local level is the logical conclusion of a career built on grassroots activism.
“It’s a trite term, but I think I earned their respect,” said Licata. “Not that I was brilliant, but I dug into things more than usual.”
He also proved he knew how to work the system. Licata’s first major victory was killing Seattle’s bid to host the 2012 Olympics.
“It was almost like drowning the golden child. Even I was very supportive to start. Who doesn’t like the Olympics?”
But as he dug into the contract and read about other host cities, Licata realized Seattle would have to take on any financial liabilities from the games and likely wind up with a pile of debt.
“The people we’re supposed to serve most, not the tourists, not the people coming in, not the investors, not the businesses, but the people living here? They don’t gain. In fact a lot of them lose,” Licata said.
He started his uphill battle with his most conservative colleagues, highlighting the financial case against hosting the Olympics. He got his message out to local journalists who started covering the issue. He also hosted a public forum downtown in the go-to journalist watering hole. The room was packed with people who had come to listen to a panel of experts make the case against the Olympics (the pro side declined his invitation). He commissioned a countywide poll that showed people were against the bid when they knew about the debt. The council slowly came around and, in the end, eight of nine members signed a letter in opposition to the bid. Because no councilmember was willing to sponsor a resolution in support, the issue died.
Licata’s organizer approach to legislating and willingness to work with everyone was a recurring theme of his time in office and served him well in his proudest victories.
Getting the Rental Registration and Inspection Ordinance—a basic law that requires landlords to register rental properties so the city can make sure they’re up to code—took six years of negotiations between advocates and the Rental Housing Association.
The Paid Sick and Safe Time bill was a similarly big lift that required years of brokering negotiation between labor, activists, and businesses. Councilman O’Brien says that tenacity was an example of Licata at his best.
“He’s watching it and figuring out ‘where are my votes, who’s with me, now where do I get the next vote? I think we need to have a brown bag, we need a town hall, I need to build momentum. What are the obstacles that keep you from supporting this? Can we work on that?’” O’Brien explained.
Licata’s organizer approach to legislating and willingness to work with everyone was a recurring theme of his time in office
He continued, “The bill that came out in the end wasn’t exactly how anyone wanted it in the start, but it was great. He had the ability when he was driving something to be really aware of the politics on the floor, what changes he needed to make, how to manage that dynamic.”
Licata readily admits he can’t take sole credit for $15 Now’s success or many of the city’s big progressive victories. But he’s proud of the role he’s played as an activist on the inside connecting the fist-raised activists he came up with and the establishment whose support and votes are critical for political success.
“I’m not very good at sports analogies. But I think I’m like the midfielders in soccer. They make sure the ball gets to the striker or keeps the ball away from their own goalie. But they don’t end up on the front cover.”
Now that he’s left office, Licata wants to see if he can take his mid-fielding talents national to see if cities’ progressive momentum can combat state and national conservatism.
* * *
The idea that like-minded local politicians need to work together to bolster regional and national progressive policy is at the heart of Local Progress, the nonprofit Licata co-founded with New York City Councilman Brad Lander in 2012. They point to the minimum-wage movement as example of their success. The $15 Now effort started in Seattle then spread to other cities and gained enough momentum to get introduced at state and national levels.
The organization is young and only recently raised enough money to hire staff, but it has succeeded in recruiting 400 members in 40 states, the majority of whom are elected officials. Local Progress’ work is a mix of big-picture enthusiasm building and nitty-gritty policy work.
Licata is working part-time with Local Progress to explore how best to accomplish regional organizing. The work is rooted in a feeling that there’s no choice but to focus on cities.
Lander said, “There’s still a lot cities can do on their own through legislation and policy, as we’ve been seeing. When cities get together they can make changes in their states. Then start to make those changes nationally.”
"I think you can change the world and you have to. You just have to go about it strategically and it takes some time.” —Nick Licata
Michael Kazin, Georgetown University history professor and co-editor of Dissent magazine, agreed that ever-more-progressive city politics have helped shift the national conversation. But without a corresponding movement of national progressives activists, local politicians can only do so much.
“There has to be a left populist movement. It can’t at all dismiss the importance of race and gender and sexual orientation and environment. All that’s right. But you’re not going to win majority without having a majority,” said Kazin.
He continued, “You need a lot of young people who are excited about politics and activists, and not just at election time.”
That is, in some ways, what Licata hopes to engender with his new book. As the name implies, Becoming A Citizen Activist is Licata’s attempt to share the lessons he’s learned to help people effectively navigate city politics.
Perhaps the most important of those lessons is that success comes from barely perceptible micro-victories that build into movements and major victories in the long term.
“Everyone becomes disappointed in the gap between the ideal and the deliverable,” said Licata. “You’re not going to change the world overnight. I think you can change the world and you have to. You just have to go about it strategically and it takes some time.”
Licata’s 18 years in office and over 40 years of community activism in Seattle are certainly evidence of that. His many losses and half wins and small steps forward have added up to marked change in Seattle over time. Of course, like most cities, Seattle is still a deeply inequitable place with a growing gap between rich and poor. But Licata’s work has helped give progressives a platform from which to combat those inequities. And given that, it seems possible that bringing that same detail-focused, local approach to the national stage might eventually bring about national progressive change.
By Josh Cohen
Source
The fight to make bad jobs better
The fight to make bad jobs better
As of November 26, 2017, fast food companies in New York are required to post worker schedules 14 days in advance. If...
As of November 26, 2017, fast food companies in New York are required to post worker schedules 14 days in advance. If they change the schedule within that window, they will pay an extra fee to the workers who are affected. And before they hire more people, they must offer the available hours to their existing part-time workers.
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Activists launch #BackersOfHate to call out major companies with ties to Trump
Activists launch #BackersOfHate to call out major companies with ties to Trump
Activists are fearlessly taking on some of the biggest corporations in the U.S., calling them out for their ties to...
Activists are fearlessly taking on some of the biggest corporations in the U.S., calling them out for their ties to President Donald Trump.
A newly launched website called BackersOfHate.org breaks down how nine major corporations are affiliated with the Trump administration and the ways they will gain from the Trump agenda. The website also outlines current company policies that already negatively impact people of color, immigrants, Indigenous communities, and low income populations — similar to critiques of the Trump agenda.
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Scaffold Law Debate Heats Up Over Dueling Reports on Safety and Costs
Legislative Gazetter - April 21, 2014, by Matthew Dondiego - A new report released last Thursday by a pro-labor, pro-...
Legislative Gazetter - April 21, 2014, by Matthew Dondiego - A new report released last Thursday by a pro-labor, pro-immigrant rights advocacy group criticizes the construction industry for using what they call misleading figures and cherry picking data to lobby against the state's controversial "scaffold law."
The scaffold law is a century-old law in place to protect worker's rights. Under the law, contractors and property owners serving as contractors are responsible for providing a safe work environment for their employees or become liable for any on-site injuries and accidents.
Opponents of the law point out that contractors are fully liable for workers' injuries even if it is determined the worker is at fault. Opponents say it is outdated and causes construction costs to rise due to the increased costs of insurance premiums. Supporters of the law say it provides common sense protection for workers performing a dangerous job and maintain that contractors are not held liable in court if proper safety precautions are in place.
The new report, titled Fatally Flawed and released by the Center for Popular Democracy, which is supported financially by the New York State Trial Lawyers Association and labor unions, is a scathing criticism of a Rockefeller Institute study — which is frequently referenced by the construction industry — that concluded the scaffold law resulted in an additional 667 work site injuries and adds about $3 billion in additional costs to construction projects in New York state each year.
According to last week's report, the oft-cited Rockefeller Institute study is "fundamentally biased" and calls the New York Civil Justice Institute, which paid $82,800 to commission the Rockefeller study, "a poorly-disguised front group" for the construction industry aligned Lawsuit Reform Alliance of New York. According to the report, the Lawsuit Reform Alliance of New York and the New York Civil Justice Institute share the same address, 19 Dove St, Suite 201, Albany, N.Y., and the same telephone and fax numbers.
"This [Rockefeller Institute] study was bought and paid for by the construction industry," Josie Duffy, a staff attorney for the Center for Popular Democracy. "This is a direct result of people who do not like the scaffold law for business reasons, paying for this report to be released."
On the claim that the scaffold law contributed an additional 667 injuries, the report says the Rockefeller Institute "confuses correlation with causation."
This claim, according the Center for Popular Democracy, is based on worker injury rates in "sub-sectors and non-construction industries," such as warehouse work, transportation, roofing, residential building construction, manufacturing, wholesale trade and utilities industries, and are compared to the rest of the nation.
"The authors assert that these differences are greater in New York and attribute these greater differences entirely to the scaffold law," the new report reads. "There is simply no basis to conclude that the scaffold law is the cause of these differences. Indeed, the authors provide no justification for comparing injury rates in construction with injury rates in less hazardous industries, or using those differences as a proxy for the impact of the scaffold law."
Duffy bluntly says that the scaffold law does not cause an increase in workplace accidents. She says the Rockefeller Institute's study, which was released in February, lacks factual evidence that the law makes work sites more dangerous and "that number is coming from nowhere."
"To me, that is the most egregious part of this whole report," Duffy said.
Despite the strong words used in the report and by Duffy, Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, says that the Rockefeller report "conclusively" found the law made construction sites more dangerous for workers.
He said that absolute liability for contractors creates "perverse incentives" for workers.
"Workers are not incentivized because they are never held responsible and contractors are not incentivized because they are guilty in nearly every circumstance," Stebbins said. "Only by apportioning liability to fault, as is done in every other state and every other part of our civil justice system, can we maintain balance and improve safety."
According to Stebbins, the report released by the Center for Popular Democracy last week is a "political hit piece, with no statistical merit or actual research of any kind. They cannot get researchers to back up their opinions, because the facts do not support the scaffold law."
Stebbins argues that absolute liability causes the insurance markets to treat sites with sterling safety records the same as companies with less stringent safety precautions. Opponents of the scaffold law say that absolute liability holds the company liable for the worker injuries regardless of who is actually found to be at fault.
Duffy however, said that companies are not automatically found to be liable for injuries sustained by workers on construction sites and are typically safe from injury-related costs so long as they had the proper safety precautions in place.
"What absolute liability means is that you have to pay for the costs of the injuries … and that's only going to happen if you're breaking the law," she explained. "What this law says is there has to be some level of protection for workers."
According to Duffy, under the law companies still hold the right to argue their case in court and they are not automatically found responsible for every injury.
"It's important that employers get to have their voices heard in law, I support that this law allows people to get their voices heard on both sides and that's a very, very real protection," she said "Nothing happens automatically in this law and you can't even be taken to court unless your breaking the law in the first place."
The report also criticizes the Rockefeller Institute for failing to take into consideration certain conditions in New York that may affect the injury rates in the state. Such measures include New York generally has more high-level construction works which may drive up injury rates and New York construction workers are more likely to be union workers and therefore are more likely to report injuries. According to the report, Texas has one of the lowest construction injury rates yet is among the highest in construction fatality rates.
According to the report, "Such low-injury-rate states have artificially suppressed the US injury rate, which the paper nonetheless compares to the New York rate."
"This is a law that protects construction workers. Construction workers are doing a really difficult job and they're doing it every day and they are growing our economy," Duffy said. "Construction workers are literally the bread and butter of what makes New York City, New York City … and this is a state of construction."
Assemblyman Francisco Moya, a Democrat from Queens, said the Center for Popular Democracy's report "injected some truth into the politically-charged debate surrounding the scaffold law."
"Many untruths have been lobbed at the scaffold law in an attempt to dismantle it. This report makes clear that those untruths have unfortunately been crafted by parties who have a financial interest in watering down workplace protections," Moya, a staunch supporter of the law, said in an e-mail. "When it comes to life and death decisions about workplace safety, there's no room for politics. It has to be about facts. And the fact is that the Scaffold Law protects workers. That's the real bottom line."
Source
111 Miles in Ten Days: Marchers Take Nonviolent Message From Charlottesville to D.C.
111 Miles in Ten Days: Marchers Take Nonviolent Message From Charlottesville to D.C.
About a hundred people are walking north from downtown Charlottesville, Virginia, the scene of a white supremacist...
About a hundred people are walking north from downtown Charlottesville, Virginia, the scene of a white supremacist rally and riot this month, to Washington, D.C., 111 miles away. The journey—a nonviolent response to the violence of the hate groups that descended on Charlottesville—is expected to take ten days.
They are led by the Reverend Cornell William Brooks, a civil rights lawyer and former president and CEO of the NAACP.
Read the full article here.
Activists Descend on Fed’s Jackson Hole Meeting, Amid Anxiety About Rate Rises
Liberal and conservative groups of central-bank critics plan to hold events to coincide with the Fed symposium, which...
Liberal and conservative groups of central-bank critics plan to hold events to coincide with the Fed symposium, which runs Thursday through Saturday.
The left-leaning group, called Fed Up, will be gathering in the same Jackson Lake Lodge as the Fed attendees, arguing the central bank shouldn’t raise short-term interest rates anytime soon. The right-leaning group, the American Principles Project, is holding a separate gathering nearby to discuss the effect of Fed policies on the dollar and to urge the current crop of presidential candidates to pay more attention to Fed policy issues.
Fed officials also are getting plenty of advice from other experts on the sidelines. Harvard University’s Lawrence Summers, a former Treasury secretary and one-time candidate for Fed chairman, warned in an opinion article this week that raising rates soon would be a “dangerous mistake.” Martin Feldstein, another Harvard professor, used an opinion article to blame the stock market’s current woes on past Fed policy mistakes and urge the Fed not to delay rate increases beyond September.
The Kansas City Fed conference takes place amid considerable turmoil in global financial markets. Stocks, bonds and currencies have gyrated in recent days as investors try to make sense of China’s economic slowdown and what that could mean for the U.S., the global economy and markets. The anxiety has occluded the outlook for Fed policy: Whereas market participants were recently looking to a possible mid-September Fed rate increase, it now appears the odds have diminished.
The liberal Center for Popular Democracy’s Fed Up coalition says it is planning to bring 50 or more activists to the Jackson Lake Lodge for meetings on Fed policy, economic inequality and racial disparities. The group also went to Jackson Hole last year.
Fed Up plans to hold a news conference Thursday and panel discussions with names such as, “Do Black Lives Matter to the Fed?” and “Who’s Afraid of High Wages? A History of the Inflation Bogeyman.” The group says its events are open to all and it hopes attendees at the Kansas City Fed event stop by.
Fed Up has seen successes in gaining one-on-one meetings with regional Fed bank leaders—they recently sat down with the chiefs of the Atlanta and New York Fed banks. It will bring folks to Jackson Hole who are affected by central-bank policies, but whose voices are rarely heard in the debate.
Atlanta resident Dawn O’Neill, a 48-year-old married grandmother, plans to go to Jackson Hole with the Fed Up group. Her unemployed husband struggles to find day work in the construction industry, and she works as teacher’s assistant in a day-care facility for $8.50 an hour.
“When the Fed says the economy is in recovery, and they want to raise the interest rates, I look around and I don’t see recovery,” Ms. O’Neal said. “I see lines of black men that want work, but there is no work.”
The group says that if the Fed keeps its benchmark short-term rate near zero for longer, it will generate more economic growth that creates more jobs among low-wage earners as well as higher-paid workers. The group also believes that better job growth will help benefit minorities and make discrimination harder.
“We have leaders of the Fed who don’t think slow wages and underemployment are problems,” said Ady Barkan, who leads Fed Up’s activities. “When you have leadership like that, you get policies that don’t advance the needs of working families,” he told reporters in a conference call on Monday.
Fed chiefs for years have acknowledged the painfully slow recovery of the labor market and rising income inequality. Fed Chairwoman Janet Yellen gave a speech on inequality last October that garnered her criticism from congressional Republicans who believe such matters are beyond the Fed’s official mission.
Fed officials say their easy-money policies aimed at stimulating the economy are intended to benefit all Americans, not just the wealthy. Last year, former Fed Chairman Ben Bernanke pointed to the recovery of the housing and labor markets as evidence the Fed’s efforts were helping the middle and lower classes.
Even now, Fed officials generally say raising their benchmark short-term rate target by a quarter-percentage point from near zero won’t offer much restraint to growth. The see a small move as reducing the amount of economic stimulus they are providing, akin to lightening the pressure on the accelerator rather than tapping the brake.
They believe that while inflation remains too low, the unemployment rate has fallen enough to start the process of getting short-term interest rates back to more historically normal levels. Some worry that if the Fed sticks with ultralow rates much longer, it could create financial-market bubbles that could wound the broader economy.
The Fed also will be challenged by the American Principles Project, which is holding its event near the central-bank conference and will count participants from the Heritage Foundation and the Cato Institute, both Washington think tanks. In a news release, Steven Lonegan, the group’s monetary-policy director, said, “We will challenge prevailing wisdom and show how the Federal Reserve’s policies have negatively impacted wage growth and contributed to the rising cost of living.”
Wage growth has been tepid in recent years, despite Fed officials’ hopes their easy-money policies would spur stronger gains. Inflation has fallen well short of the Fed’s 2% target for years.
The Kansas City Fed declined to comment on the activity of outside groups around its conference.
Source: iBloomberg
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.
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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.
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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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Newark Police first in N.J. to refuse to detain undocumented immigrants accused of minor crimes
The Star-Ledger – August 15, 2013, by James Queally - The Newark Police Department has become the first law enforcement...
The Star-Ledger – August 15, 2013, by James Queally -
The Newark Police Department has become the first law enforcement agency in New Jersey to refuse the federal government’s requests to detain people accused of minor crimes who are suspected of being in the U.S. illegally, according to immigration advocates.
In enacting the policy, Newark becomes the latest city to opt out of the most controversial part of the “Secure Communities” program implemented by the U.S. Immigration and Customs Enforcement Agency in 2011, which allows the agency to ask local police to hold any suspect for up to 48 hours if their immigration status is called into question.
In the past two years, cities and states across the nation, including New York City, Chicago, Los Angeles, Massachusetts and Connecticut, have adopted similar policies. Earlier this week, Orleans Parish sheriffs also said they will stop honoring the detainer requests.
“Secure Communities” was designed to enhance ICE’s ability to track dangerous criminals who are undocumented immigrants. Under the policy the Department of Homeland Security reviews fingerprints collected by local police during an arrest, which then allows ICE to issue the detainer requests. Immigration advocates, however, argue the policy has been misused, leading to the deportation of people accused of low-level offenses and inhibits collaboration between police and people who are undocumented.
Udi Ofer, the executive director of the state chapter of the ACLU, said Newark’s policy was a collaborative effort between the city, the ACLU and several immigrants rights groups.
“With this policy in place, Newark residents will not have to fear that something like a wrongful arrest for a minor offense will lead to deportation,” said Ofer. “It 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.
Newark Police Director Samuel DeMaio signed the directive on July 24. Newark will no longer comply with ICE requests to hold suspects accused of crimes like shoplifting or vandalism.
City police will continue to share fingerprint information with federal investigators, according to DeMaio, who said the department received only eight detainer requests in 2012.
“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,” he said. “I don’t know if we’ve ever gotten a detainer request on a guy with a misdemeanor.”
An ICE spokesman declined to comment directly on the policy. But immigrants rights advocates hailed the move as an olive branch to undocumented immigrants, who often hesitate to cooperate with police who are investigating serious crimes in their community for fear of deportation.
That fear has been evident in a series of community meetings in the Newark’s immigrant-heavy Ironbound neighborhood, which began after “Secure Communities” was implemented in New Jersey last year, said East Ward Councilman Augusto Amador.Amador has been present for a number of those sessions, and said the culture of fear created by the program stopped many undocumented immigrants from reporting crimes committed against them in the area.
“I agree totally with the policy,” he said. “The Newark Police Department already has enough problems to worry about, rather than being involved with matters that don’t belong to them.”
A representative for Mayor Cory Booker’s administration said the policy is a smart move that strengthens ties with city residents and maintains a relationship with ICE.
“The Newark Police Department’s policy improves community relations, while saving taxpayer money and ensuring that city, state, and federal officials continue to share critical information needed to prosecute criminals and keep our streets safe,” said city spokesman James Allen.
Nisha Agarwal, deputy director of the Center for Popular Democracy, said ICE has misused the “Secure Communities” policy in other areas, and Newark’s directive will slowdown the agency if it attempts to start deportation proceedings against someone for a small-scale offense.
“They often will (issue) detainers in cases where it’s really minor, when the person is not a threat to society in any way,” she said.
New Jersey has one of the country’s largest immigrant populations and the state is home to more than 500,000 undocumented immigrants, according to Amy Gottlieb, director of the American Friends Service Committee. Gottlieb said she hopes to see other New Jersey law enforcement agencies echo Newark’s policy.
“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,” she said.
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