New Report Says NYC Latino Construction Workers Disproportionately Die On The Job
Fox News Latino – October 24, 2013 - A disproportional number of Latino construction workers in New York City die...
Fox News Latino – October 24, 2013 -
A disproportional number of Latino construction workers in New York City die while on the job compared to their coworkers of other races, according to a new report.
From 2003 to 2011, three-fourths of construction workers who died were either U.S.-born Latinos or immigrants, according to a review of all of the fatal falls on the job investigated by the Occupational Safety and Health Administration, an agency of the federal Labor Department.
“The data we have demonstrates that Latinos and immigrants are more likely to die in these types of accidents,” Connie Razza, from the Center for Popular Democracy, which compiled the report, told the New York Daily News.
Construction safety advocates and a study by the New York State Trial Lawyers Association cited safety violations on job sites run by smaller, non-union contractors and an unwillingness by some undocumented workers to report violations as main reasons for the high number of deaths among Latino workers.
“Contractors aren’t taking simple steps to protect their workers,” said Razza. “They are not providing the training and the safety equipment that are required by law.”
While New York may have a surprisingly high number of deaths of Latino construction workers, numbers nationwide for Hispanic deaths on the jobs are also greater than any other group.
OSHA reported that 749 Latino workers were killed from work-related injuries in 2011— more than 14 deaths a week or two Latino workers killed every single day of the year. While 12 percent of all fatal work injuries in 2011 involved contractor work, Latinos made up 28 percent of fatal work injuries among contractors — well above their 16 percent share of all fatal work injuries in 2011.
Advocacy groups in New York are working to combat any changes to the state’s scaffolding law, which organizations like Razza’s the Center for Popular Democracy say gives incentive to keep workplaces safe.
Contractors argue that the law, which holds owners and contractors who did not follow safety rules fully liable for workplace injuries and deaths, has caused their insurance costs to skyrocket.
New York lawmakers, however, has historically blocked any of the proposed changes to the law.
“All we’re looking for is the ability to have the same right as anybody else would in the American jurisprudence system,” said Louis J. Coletti, president and CEO of the Building Trades Employers’ Association.
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Richmond Fed President Jeffrey Lacker to Retire in October
Richmond Fed President Jeffrey Lacker to Retire in October
Federal Reserve Bank of Richmond President Jeffrey Lacker, one of the Fed system’s most outspoken advocates for higher...
Federal Reserve Bank of Richmond President Jeffrey Lacker, one of the Fed system’s most outspoken advocates for higher short-term interest rates in recent years, will retire Oct. 1 after 28 years at the bank, the regional Fed bank said Tuesday.
The Richmond Fed’s board of directors has formed a search committee led by Chairwoman Margaret Lewis to find a new president, and has hired the firm of Heidrick & Struggles to assist in the search, the bank said. The bank intends to conduct “a nationwide search to identify a broad, diverse and highly qualified candidate pool for this leadership role,” it said.
Mr. Lacker became the second Fed official to announce his plans to retire in 2017. Atlanta Fed President Dennis Lockhart will step down at the end of February.
“Jeff has been an outstanding leader for the Richmond Fed and has made many contributions to the Federal Reserve System,” Ms. Lewis said in a statement announcing his departure.
A Richmond Fed spokesman said Mr. Lacker wants to return to teaching, writing and academic research, though he had no details on where Mr. Lacker may go after he leaves the bank later this year.
Mr. Lacker joined the Richmond Fed in 1989 and served in various leadership positions before becoming president in August 2004. For the past decade he has anchored the Fed’s hawkish wing, warning of the risks of rising inflation and dissenting often in favor of a higher benchmark federal-funds rate, which officials held near zero for six years following the financial crisis.
He was a voting member of the Fed’s policy committee in 2006, 2009, 2012 and 2015, and dissented a total of 15 times out of 32 meetings.
Mr. Lacker also argued against the Fed’s interventions in financial markets throughout the financial crisis, and has said financial instability was worsened by expectations that the Fed would always provide a backstop for financial firms in trouble.
Over the past year, he has also argued against efforts to overhaul the Fed system, including measures that would subject the Fed’s interest-rate decisions to greater congressional scrutiny or tie its policy to a mathematical formula.
“I’m hoping that our leaders in Congress and the administration understand that our independence is of value and is important to the credibility of the country’s commitment to price stability and I hope they’re willing to proceed accordingly,” he said after the November presidential election.
Mr. Lacker said in a statement Tuesday he felt fortunate “to have participated in some of the most extraordinary policy deliberations in our nation’s history. It’s been my deepest privilege to lead the Richmond Fed and the dedicated people who work here.”
The search to replace Mr. Lacker is likely to face scrutiny from activists and congressional Democrats who have called for more diversity among the Fed’s upper ranks, as well as more openness about how it selects its regional bank leaders.
Following Mr. Lockhart’s announcement last year, the left-leaning Center for Popular Democracy’s Fed Up campaign said it hoped the next Atlanta Fed president would be black or Hispanic, which would be a first for a regional Fed bank.
In an unusual move, a group of African-American House members wrote to Fed Chairwoman Janet Yellen and the chairman of the Atlanta Fed’s board urging them to consider candidates of diverse racial, ethnic, gender and professional backgrounds. The lawmakers also noted that most of the presidents worked at major financial firms before their appointments.
“We hope that candidates from distinctive sectors like academia, labor, and nonprofit organizations are given due consideration,” they wrote.
Before joining the Richmond Fed, Mr. Lacker was an assistant professor of economics at the Krannert School of Management at Purdue University and previously worked at Wharton Econometrics in Philadelphia, the bank said.
The bank posted information about its search process on its website Tuesday.
By Kate Davidson
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These Southern Cities Are at the Heart of the Struggle Against White Supremacy
These Southern Cities Are at the Heart of the Struggle Against White Supremacy
The Black Lives Matter activists and anarchists, the socialists and anti-fascists, the religious leaders and local...
The Black Lives Matter activists and anarchists, the socialists and anti-fascists, the religious leaders and local residents who risked their bodies and their well-being in Charlottesville this month should be celebrated for their courage and praised for their good sense and smart tactics. Violent fascists, neo-Confederates, Ku Klux Klanners, and other racist extremists don’t care about justice or civility or our common humanity. Their express aim is to annihilate anyone who isn’t white, straight, and Christian. And they have made it clear that they are willing to use raw and murderous force to get their way.
Read the full article here.
Democratic activist Ady Barkan launches six-figure ad blitz in CD8 race
Democratic activist Ady Barkan launches six-figure ad blitz in CD8 race
Ady Barkan, the progressive health care activist whose video pleadings with U.S. Sen. Jeff Flake last year briefly...
Ady Barkan, the progressive health care activist whose video pleadings with U.S. Sen. Jeff Flake last year briefly became a viral hit, is starting a group to tout select Democratic candidates across the country, starting with Hiral Tipirneni's congressional bid in Arizona.
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Fed’s Kashkari to Spend Day in Life of Struggling Black Family
Fed’s Kashkari to Spend Day in Life of Struggling Black Family
Neel Kashkari tried living on streets for a week during his failed run for California governor in 2014. Now, the...
Neel Kashkari tried living on streets for a week during his failed run for California governor in 2014. Now, the president of the Federal Reserve Bank of Minneapolis will spend a day in the life of a black family barely making ends meet.
“Walking a day in somebody else’s shoes is actually -- it makes the anecdotes that much more real,” Kashkari, 43, told reporters Wednesday in Minneapolis after a meeting with the local community to discuss race and economic inequality. “It influences how I think about the problems we face.”
Kashkari, a former Goldman Sachs Group Inc. executive who went on to oversee the U.S. government’s $700 billion financial rescue program, took the helm of the Minneapolis Fed in January.
National poverty levels among blacks stand at 26 percent, more than double those for whites. Fed Chair Janet Yellen has discussed inequality and the fact that minorities have higher unemployment than whites in speeches and testimony to Congress.
Outrage has mounted in the U.S. over a recent spate of fatal shootings of black men by police, some of which were filmed and broadcast over social media, worsening racial tensions in many communities.
On Wednesday, Kashkari, whose parents emigrated to the U.S. from India, heard Rosheeda Credit describe how she and her boyfriend worked three jobs between them to support their family. She then invited him to find out himself what it was like by spending the day with her.
Kashkari said he’d be “happy to do it.”
The Fed has also been under fire from Democrats, including presidential nominee Hillary Clinton, for a lack of diversity on the boards of directors on the 12 regional Fed banks. Kashkari said the central bank had a lot of work to do to improve diversity and was committed to making that happen.
By ALISTER BULL & JEANNA SMIALEK
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Death Cab For Cutie shares a new, anti-Trump track
Death Cab For Cutie shares a new, anti-Trump track
Death Cab For Cutie is no fan of Donald Trump. The group has released a new song, “Million Dollar Loan,” inspired by...
Death Cab For Cutie is no fan of Donald Trump. The group has released a new song, “Million Dollar Loan,” inspired by the candidate’s dubious claims of rising from the bottom on his own when he was actually launched into the business world on the back of a million-dollar loan from his father. In a statement, Death Cab frontman Ben Gibbard said that he wrote the song after being “disgusted” by how “flippant” Trump was in his assertions. He goes on to say Trump is “beneath us,” noting that “Donald Trump has repeatedly demonstrated that he is unworthy of the honor and responsibility of being President of the United States of America, and in no way, shape, or form represents what this country truly stands for.”
“Million Dollar Loan” is the first song from the “30 Days, 30 Songs” project, launched by the writer Dave Eggers. Imagined as a continuation of his 2012 “90 Days, 90 Reasons” project, “30 Days, 30 Songs” will, as its title suggests, launch a new, anti-Trump song into the world every day until the election. According to a press release, tracks will be a mixture of new material and unheard songs, and this week’s offerings will include original cuts from Aimee Mann, Jim James, Thao Nguyen, Bhi Bhiman, and Daveed Diggs’ group Clipping, as well as a never-before-heard-unless-you-were-there live song from R.E.M.
All of the tracks will be available on the 30 Days, 30 Songs website, as well as on both Spotify and Apple Music. You can also pick up the songs on iTunes, and all proceeds will be donated to the Center For Popular Democracy, a group that is working to ensure universal voter registration for all Americans.
By Marah Eakin
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At Republican Retreat, Protest Power Was On Display As Progressives Eye Midterm Elections
At Republican Retreat, Protest Power Was On Display As Progressives Eye Midterm Elections
The protesters’ action at the Republican retreat was organized by the Center for Popular Democracy Action, in...
The protesters’ action at the Republican retreat was organized by the Center for Popular Democracy Action, in coordination with local affiliates.
Read the full article here.
La Reserva Federal debe ser un reflejo de nuestras comunidades
La Reserva Federal debe ser un reflejo de nuestras comunidades
Ocho años después del inicio de la Gran Recesión, a las comunidades de color todavía les cuesta recuperarse. La tasa de...
Ocho años después del inicio de la Gran Recesión, a las comunidades de color todavía les cuesta recuperarse. La tasa de desempleo de los afroamericanos a nivel nacional es de casi 9%, más del doble que la tasa de 4.3% de los estadounidenses de raza blanca, y entre los latinos es un lamentable 6.1%.
Las comunidades que siguen afectadas por la recesión han notado estas disparidades y han llevado sus reclamos directamente a la Reserva Federal, pues dada la facultad de esta de modificar la tasa de interés, sus medidas influyen enormemente en el desempleo y los salarios. En los últimos dos años, una coalición de líderes comunitarios, sindicatos y trabajadores mal remunerados se han quejado de la política y dirección de la Reserva Federal, que desde hace mucho tiempo opera fuera de la vista del público.
Pero eso está empezando a cambiar a medida que queda cada vez más claro que la recuperación sigue siendo enormemente dispareja. Hoy en día, se critica cada vez más a la Reserva Federal por no hacer lo suficiente para ayudar a las comunidades de color a recuperarse.
Este mes, más de 100 miembros del Congreso enviaron una carta a la Reserva Federal, con la cual se sumaron a las quejas y exigieron más diversidad racial, económica y sexual. Actualmente, en el sistema de la Reserva Federal predominan los hombres blancos y miembros del sector financiero, quienes están más protegidos de los efectos que persisten de la recesión.
Un informe reciente del Center for Popular Democracy señaló que un descomunal 83% de los miembros de la Reserva Federal son blancos, en comparación con 63% de todos los estadounidenses. Ni un solo presidente regional es latino o de raza negra. De hecho, nunca en la historia de la Reserva Federal ha habido un presidente regional afroamericano. Es más, solo 11% de ellos provienen de grupos comunitarios, sindicatos o el entorno académico, y casi 40% provienen del sector financiero.
Esto es un problema. Si casi todos los encargados de dictar la política son banqueros blancos, y no se oyen las voces de las mujeres, minorías y representantes de grupos de trabajadores y consumidores, se desatenderán las necesidades de dichos grupos.
Hillary Clinton, quien se tiene previsto sea la candidata demócrata a la presidencia, se ha unido a las quejas y ha dicho públicamente que si la eligen, se esforzaría por remplazar a los banqueros de los directorios de la Reserva Federal con más miembros latinos y afroamericanos.
Por fin se está cuestionando a una de las instituciones menos trasparentes pero vitalmente importantes del país. Ya que la Reserva Federal se dispone a tomar una decisión sumamente importante en junio con respecto a las tasas de interés, miles en todo el país seguirán exigiendo decisiones que beneficien a todos los estadounidenses, no solo a una porción privilegiada de la población. Ya que los latinos y otras comunidades en desventaja en todo el país siguen sufriendo las consecuencias de la recesión, no se puede dejar que la Reserva Federal siga operando a puerta cerrada.
By Rubén Lucio
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How Walmart Persuades Its Workers Not to Unionize
One former Walmart store manager tells the story that after discovering a pro-union flyer in his store’s men’s room,...
One former Walmart store manager tells the story that after discovering a pro-union flyer in his store’s men’s room, he informed company headquarters and within 24 hours, an anti-union SWAT team flew to his store in a corporate jet. And when the meat department of a Walmart store in Texas became the retailer’s only operation in the United States to unionize, back in 2000, Walmart announced plans two weeks later to use prepackaged meat and eliminate butchers at that store and 179 others.
With 1.3 million U.S. employees—more than the population of Vermont and Wyoming combined—Walmart is by far the nation’s largest private-sector employer. It’s also one of the nation’s most aggressive anti-union companies, with a long history of trying to squelch unionization efforts. “People are scared to vote for a union because they’re scared their store will be closed,” said Barbara Gertz, an overnight Walmart stocker in Denver.
Walmart maintains a steady drumbeat of anti-union information at its more than 4,000 U.S. stores, requiring new hires—there are hundreds of thousands each year—to watch a video that derides organized labor. Indeed, Walmart’s anti-union campaign goes back decades: There was “Labor Relations and You at the Wal-Mart Distribution Center,” a 1991 guide aimed at beating back the Teamsters at its warehouses, and then in 1997 came “A Manager’s Toolbox to Remaining Union Free.” The first half of a statement in that toolbox has been repeatedly snickered at for being so egregiously false: “We are not anti-union; we are pro-associate.”
Early last year, Anonymous, a network of hacker activists, leaked two internal Walmart PowerPoint slideshows. One was a “Labor Relations Training” presentation for store managers that echoed the “Manager’s Toolbox” in suggesting that unions were money-grubbing outfits caring little about workers’ welfare. “Unions are a business, not a club or social organization—they want associates’ money,” the PowerPoint read. (Walmart confirmed the PowerPoints’ authenticity.) “Unions spend members’ dues money on things other than representing them,” it added.
Walmart is perfectly within its rights to communicate its stance to employees. While employers are legally barred from threatening store closures, layoffs, or loss of benefits because of unionization, they are free to tell workers why they oppose unions.
Walmart has battled for years against the United Food and Commercial Workers Union, which represents employees at many grocery stores and retailers, and its offshoot, OUR Walmart, an association of Walmart employees. Walmart insists that the UFCW is out to damage Walmart’s business. The second PowerPoint that Anonymous leaked last year attacked OUR Walmart, asking, “Is OUR Walmart/UFCW here to help you? Answer: NO.”
Tensions have risen between the retailer and OUR Walmart in recent years, with the labor group organizing nationwide protests outside hundreds of stores each Black Friday. The National Labor Relations Board issued a complaint in January of last year, accusing Walmart of illegally firing 19 OUR Walmart members and illegally disciplining more than 40 others after strikes and protests demanding higher pay. Walmart maintains that the firings and disciplining were legal and not in retaliation for protesting.
Getting a glimpse of Walmart’s internal PowerPoints and training manuals is rare, but one of Walmart’s orientation videos was leaked recently, and it again revealed Walmart’s anti-union efforts. Labor experts and Walmart employees say they were surprised at the blatant untruths in many of the video’s pro-company and anti-union statements.
Walmart confirmed the video’s authenticity and said the company showed it to new hires from 2009 through last year. Early on in the course of the video’s nine minutes, an actor dressed as a Walmart employee says, “You’re just beginning your career with us. It’s hard to grasp everything that’s available to you, like great benefits.”
Ken Jacobs, the chairman of the University of California, Berkeley’s Labor Center, suggested that this was essentially propaganda. “Walmart's benefits are well below the standard for union groceries,” he said. “They are not ‘great benefits’ by any standard.” A discounter like Walmart certainly doesn’t have the generous pensions or Cadillac health plans offered by some companies. Gertz, the overnight stocker in Denver, says her health plan is so stingy that she often doesn’t see a doctor when she’s sick because the deductible requires her to pay the first few thousand dollars out of pocket. Gertz said that when workers call in sick, their first day off comes out of their vacation days or personal days, not their paid sick days.
A spokesperson for Walmart says it will soon revamp its policy so that employees can use paid sick days starting on their first day out. The spokesperson added that its bonuses, 401(k) plan, and health plan are considerably better than at most other discounters—its 401(k) plan gives a dollar-for-dollar match for the first six percent of pay and the premium for its most popular health plan is just $21.90 every two weeks. That said, part-time workers, who represent nearly half its work force, don’t qualify for many of these benefits.
The leaked video also boasts, “There’s no retail company that offers more advancement and job security than Walmart.” Considering that some retailers are unionized with strong job-security provisions in their union contracts, some labor advocates wondered how Walmart could begin to assert that its job security is as strong as any other retailer’s.
“That’s patently false,” said Stuart Appelbaum, the president of the Retail, Wholesale and Department Store Union, a division of the UFCW. “At Walmart you can be fired for any reason at all or no reason.” He contrasted Walmart, one of the nation’s many “at-will” employers, with retailers that are unionized or partly unionized, including Costco, Macy’s, H&M and Modell’s. At unionized stores, workers can only be fired “for cause,” meaning managers need a strong reason to fire someone—for example, stealing from a store or arriving 30 minutes late five days in a row. Moreover, workers in those unionized stores can usually challenge their dismissal by bringing in an impartial arbitrator who helps determine whether a firing was justified.
Walmart, in its orientation video, makes other attempts at belittling unions. It features an actor who says, “I was a union member at my last job. Everyone actually had to join the union . . . The thing I remember most about the union is that they took dues money out of my paycheck before I ever saw it, just like taxes.” The character’s assertion that he “had to join the union” diverges from the truth. The Supreme Court ruled in 1963 that workers cannot be required to join the union at a unionized workplace—although they can be required to pay union dues or fees (unless they live in one of the 25 states with “right to work” laws).
In the video, an actress standing in front of a rack of produce continues to hammer the message. “I always thought that unions were kind of like clubs or charities that were out to help workers,” she says. “Well, I found out that wasn’t exactly the case. The truth is unions are businesses, multimillion-dollar businesses that make their money by convincing people like you and me to give them a part of our paychecks.”
Although some union leaders have generous salaries, Benjamin Sachs, a labor law professor at Harvard, said that unions aren’t for-profit businesses. “If unions are businesses, they’re the best example of the sharing economy we’ve seen,” Sachs said. “Here’s the business model: By sharing their resources, including their financial resources, workers make better lives for themselves and their families.” Thomas Kochan, an MIT professor of management, said that the phrase the actor uses—“clubs and charities”—“insults any new hire’s intelligence.” “Most people know what unions are and what they try to do,” Kochan said.
Indeed, one might ask, if unions are doing as little for workers as Walmart maintains, why then does Walmart bother to battle unions so aggressively? Walmart takes a far more jaundiced view of unions than do many Americans—for instance the nation’s Roman Catholic bishops. “The Church fully supports the right of workers to form unions or other associations to secure their rights to fair wages and working conditions,” the bishops once wrote in a pastoral letter, Economic Justice for All. And Pope John Paul II, never known as a raging liberal, called unions, “an indispensable element of social life.”
Brian Nick, a Walmart spokesman, explained why the company made the video. “The core reason to have the training and information on video, in and of itself, is we know that third-party groups often reach out to our associates,” he said. “This is an opportunity for us to provide accurate information that gives our associates knowledge about their work environment and their own rights as associates.”
In boasting about Walmart, the video says, “Walmart jobs are flexible jobs, giving associates the opportunity to balance our personal life with our worklife.” But Carrie Gleason, director of the Fair Workweek Initiative at the Center for Popular Democracy, an advocacy group, strongly disagreed. “I’ve spoken with countless Walmart associates who talk about how erratic their work schedules are, about how managers regularly disregard their requests for basic accommodations so they can go to school or take care of their families,” she said. Some Walmart workers say their stores slashed their hours when they asked managers to accommodate their college schedule or their efforts to hold a second job to make ends meet.
Brian Nick, the Walmart spokesman, said the company was improving its scheduling practices. Beginning next year, it will offer some employees fixed schedules each week—many employees complain that their work schedules change vastly week-to-week.
In urging workers to shun unions, the Walmart video says, “In recent years, union organizers have spent a lot of time, effort and money trying to convince Walmart associates to join a union, all without any success.” But that’s not quite true. The UFCW hasn’t sought to persuade Walmart employees to join a union in recent years, although it did help form OUR Walmart to push for better wages and working conditions. OUR Walmart claimed a victory in February when Walmart announced it would raise its base pay to $9 this year and $10 next year. A spokesperson for Walmart said it was responding to a tighter labor market and boasted that the move would mean raises for 500,000 workers.
The Walmart video is correct about at least one thing: Most of the recent unionization votes at Walmart stores in the U.S. were unsuccessful. For example, the tire and lube workers at two Walmart stores, in Colorado and Pennsylvania, voted overwhelmingly in 2005 against unionizing. But the UFCW had a big success in 2004, when it unionized a Walmart in Jonquiere, Quebec—a first in North America. Walmart closed that store shortly afterward, and Canada’s Supreme Court ultimately ruled that the shutdown was an illegal ploy to avoid having a union. Walmart has long argued that it closed the Jonquiere store because it was unprofitable and that the closing had nothing to do with the union. As for Walmart’s decision to suddenly begin using prepackaged meat after that meat department in Texas unionized in 2000, the company said that the timing was just a coincidence and that the decision had nothing to do with unionization.
This past April, Walmart abruptly announced it was closing its store in Pico Rivera, California, along with four other stores, for six months. Many workers saw that as a daunting anti-union statement—the Pico Rivera store has the nation’s most militant OUR Walmart chapter, having staged a sit-in and numerous other protests. Walmart, however, insisted that the closing was necessitated by “ongoing plumbing issues.”
Source: The Atlantic
Why it’s hard to legislate good corporate behavior
San Francisco, the country’s premier laboratory for new Internet services, is also used to innovating in municipal...
San Francisco, the country’s premier laboratory for new Internet services, is also used to innovating in municipal regulation.
But in its latest experiment, it’s starting to find that legislating good corporate behavior isn’t as easy as pressing a button on your smartphone.
In July, the city started implementing a first-in-the-nation law aimed at curtailing the trend towards “just-in-time” scheduling, where managers call in employees to work on short notice. The new measure requires large chain retailers— such as Safeway and Walgreen’s — to publish schedules at least two weeks in advance, and to compensate employees with “predictability pay” if they make changes less than a week ahead of time. It also mandates that additional hours be offered to existing employees first before new hires are made, and that part-time workers be paid at the same rate as people who work full-time.
So far, it’s been easier to publish schedules than live up to the spirit of the law.
"The two-week notice seemed to be instituted right away, but the other stuff is lagging,” says Gordon Mar, director of San Francisco Jobs With Justice, a labor-backed group that pushed for the “Retail Workers Bill of Rights” and has been monitoring its implementation.
The sluggish response may be because fines don’t kick in until Oct. 3; the city is still hashing out the rules. But the spotty compliance so far highlights the difficulty of attempts to mandate worker-friendly practices — especially the kind that touch the most fundamental aspects of business operations, rather than those that simply require higher pay and better benefits.
San Francisco employers fought the new ordinance, but couldn’t prevent its passage. Now, they complain it’s impacting service.
“We’re hearing from members in San Francisco that it really is not working well at all,” says Ronald Fong, president of the California Grocers Association. Stores can’t always predict surges in foot traffic, which might be brought on a sunny day, leaving managers without the option to bring in more staff. That was a problem during the heat wave that swept over San Francisco this summer.
"Supplies weren’t able to get out to the shelves,” Fong says. "It just kind of snowballed, and our customers have a bad experience, or the stores lose sales.”
Some businesses don’t mind the rules in principle, but object to the red tape. "Everybody pretty much operates on a predictive schedule,” says Bill Dombrowski, president of the California Retailers Association. “But the process of implementing this, with offering the employees hours in writing and waiting three days for a response, it’s a lot of government intrusion into very minute detail.”
Also, not all industries schedule their workers in the same way. Milton Moritz is president of the National Association of Theatre Owners’ California and Nevada chapter, and says the theater business is by nature unpredictable, making the new law particularly difficult to comply with.
“We might not know until the Monday before the Friday a film shows, and even then we’re hiring, firing, scheduling people based on the business that film’s going to do,” Moritz says. “This ordinance flies in the face of all that. It really complicates the issue tremendously.”
The San Francisco ordinance hasn’t just been irritating for big companies. Some workers grumble the law discourages employers from offering extra shifts on short notice, because they would have to pay the last-minute schedule change penalty — even if workers would be happy for the chance to pick up more hours.
Rachel Deutsch, a senior staff attorney with the Center for Popular Democracy who has been helping local jurisdictions across the country craft fair-scheduling legislation, says that’s something that might change in future iterations.
"I think that’s the thing with any policy where it’s the first attempt to solve a complicated economic problem,” Deutsch says. "It’s been a learning process.”
So far, fair scheduling laws aren’t spreading as quickly as minimum wage and paid sick leave laws. A statewide bill in California failed a couple weeks ago, and no other local ordinances have passed besides San Francisco’s, though there are active campaigns in several cities including Minneapolis and Washington D.C.
Meanwhile, several companies have acted on their own to curb some of the practices that workers have found most disruptive, like on-call shifts, where workers have to be available even if they aren’t ultimately asked to work. But in some cases — like that of Starbucks, which committed to eliminating many of those practices — those voluntary changes haven’t been any more effectivethan government mandates.
Erin Hurley worked at Bath & Body Works and campaigned for an end to on-call shifts. After she left the job, parent company L Brands said it would stop the practice at Bath & Body Works as well as another of its chains, Victoria’s Secret. But Hurley says she’s heard from current workers that managers are still doing effectively the same thing, by asking employees to stay a little longer.
“On-call shifts were replaced with shift extensions,” says Hurley. “Basically what L Brands did was change the name of the practice.” Keeping people on-call is very convenient for employers, and letting it go can be easier said than done. (L Brands did not respond to a request for comment.)
Still, advocates in San Francisco think the Retail Workers Bill of Rights has already done some good, and will be more effective when the city’s enforcement kicks into high gear — just like overtime rules did, when companies got used to obeying them.
Take Michelle Flores, 21, who has worked part time at Safeway for two years to support herself while in going to college. Unpredictable schedules made that difficult: She would only know her shifts a few days beforehand, which sometimes didn’t leave her enough time to hit the books.
"I would study from midnight until 5, 6 a.m., sleep for two or three hours, and then go to the exam,” says Flores, 21, who attends San Francisco State. This year, she expects that to change. "If I know that I have a shift scheduled, I’ll just study another day,” Flores says.
Also, the law came with some funding for community organizations to make employees aware of what workers are entitled to. That has ancillary effects — like getting people interested in joining a union, which can be better equipped to make sure companies are following the rules.
“It just creates an opportunity to talk to more workers about their rights under the law, and that leads to conversations about other issues in the workplace,” says Gordon Mar, of Jobs with Justice. “And that could lead to getting organized.”
Source: Washington Post
1 month ago
1 month ago