Toys ‘R’ Us Workers Face Harsh Reality in Quest for Severance
Toys ‘R’ Us Workers Face Harsh Reality in Quest for Severance
“Historically, Toys “R” Us has offered generous severance to workers, which is part of why it should be forced to offer...
“Historically, Toys “R” Us has offered generous severance to workers, which is part of why it should be forced to offer payments to workers now," said Carrie Gleason, campaign manager for the worker advocacy group Rise Up Retail. That group helped organize a petition calling for Bain, KKR, and Vornado to give the $470 million they had received in interest and fees from the retailer over the years to employees that were let go after the company foundered. KKR told Congress earlier this month it was seeking a way to help former Toys “R” Us employees outside of bankruptcy.
Read the full article here.
A National Solution
New York Times - June 25, 2014, by Peter Markowitz - For too many years our nation’s discourse around immigration has...
New York Times - June 25, 2014, by Peter Markowitz - For too many years our nation’s discourse around immigration has been distorted by anti-immigrant activists who have advanced bold but regressive state immigration policies. State laws in Arizona and elsewhere have powerfully, but inaccurately, framed the immigration issue through the lenses of criminality and terrorism. While these laws have not generally fared well in court, their impact on our national perception of immigration has impeded federal immigration reform. Meanwhile, states like New York continue to suffer the consequences of our broken immigration laws. Our families continue to be fractured by a torrent of deportations. Our economic growth continues to be impeded by the barriers our immigrant labor force faces. And our democracy continues to be undermined by the exclusion of a broad class of New York residents.
The New York Is Home Act, recently introduced by New York State Senator Gustavo Rivera and Assembly Member Karim Camara, with support from the Center for Popular Democracy and Make the Road New York, charts a path forward on immigration — a path that like-minded states and ultimately the federal government could follow. The legislation would grant state citizenship to noncitizens who can prove three years of residency and tax payment and who demonstrate a commitment to abiding by state laws and the state constitution.
The bill is an ambitious but sensible assertion of a state’s well-established power to define the bounds of its own political community. Unlike the Arizona law, this legislation is carefully crafted to respect the unique province of the federal government. As misguided and brutal as the federal immigration regime is, New York cannot alter federal deportation policy. However, it is absolutely within New York’s power to facilitate the full inclusion of immigrants in our state. By granting state citizenship, we would extend the full bundle of rights a state can deliver — the right to vote in state elections, to drive, to access higher education, among others — and we would define the full range of responsibilities that come along with citizenship, including tax payment, jury service and respect for state law. By reorienting our national conversation on immigration around the more accurate and productive themes of family, economic vitality and political inclusion, this legislation will move us toward a real solution to our nation’s immigration quagmire.
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The End of On-Call Scheduling?
Retailers have been ...
Retailers have been under intense pressure from labor groups, regulators, and their own employees to end on-call scheduling—the practice in which shift workers are called to work on short notice, and are often uncompensated if it turns out to be a slow day. On Friday, New York attorney-general Eric Schneiderman’s office announced that J.Crew will end on-call scheduling nationwide this month. The retailer joins Urban Outfitters, Abercrombie & Fitch, Bath & Body Works, Gap, and Victoria’s Secret, which all have announced changes since Schneiderman’s office launched an inquiry into the practice at over a dozen companies.
“After discussion with my office, J. Crew has agreed to end on-call shifts nationwide and to provide one week of advance notice about schedules to employees at all New York store locations,” said Schneiderman in a statement. “Workers deserve protections that allow them to have a reliable schedule in order to arrange for transportation to work, to accommodate child-care needs, and to budget their family finances.”
This is the sixth agreement Schneiderman has reached with a major retailer. In April, the New York attorney-general’s office sent letters to 13 retailers asking for information regarding their scheduling policies: “We have been informed that a number of companies in New York State utilize on-call shifts and require employees to report in some manner, whether by phone, text message, or email, before the designated shift in order to learn whether their services are ultimately needed on-site that day,” said the letter.
The letter expresses concern that the practice might be in violation of a state regulation that employees who report for work must be paid for at least four hours (or the number of hours in a regular shift) of work. It cites the financial and personal strains for workers without predictable schedules—from being unable to work another job or attend school, to the strains of finding childcare last minute. Further, a report by the Economic Policy Institute found that the lowest income workers face the most irregular work schedules.
A spokesperson for Gap Inc. confirmed that all five brands—The Gap, Banana Republic, Old Navy, Intermix, and Athleta—has phased out on-call scheduling globally by the end of September.* L Brand—the parent company for Victoria’s Secret and Bath & Body Works—also confirmed that they have ended the practice nationwide.
Gap is also working on a pilot project with Joan Williams, a professor and director of the Center for WorkLife Law at the University of California Hastings College of Law, and Susan Lambert, a professor at the University of Chicago who studies scheduling issues, on new ways to stabilize worker schedules. Lambert’s researchfound that 64 percent of food-service workers and half of retail workers receive less than a week’s notice for shifts.
For now, the shift away from on-call scheduling seems to be only gaining momentum: Earlier this week, Forever 21 was hit with a lawsuit from a former employee over unpaid on-call scheduling. And, for the seven remaining companies that Schneiderman’s office contacted (the identities of which are unknown), such momentum may soon be overpowering.
Source: The Atlantic
Biggest U.S. Mass Protest & Rally Ever Staged for $15 Wage Set for April
Sky Valley Chronicle - April 1, 2015 - According to organizers, it's going to be huge. Fast food workers across the...
Sky Valley Chronicle - April 1, 2015 - According to organizers, it's going to be huge. Fast food workers across the country, evidently unmoved by the Reagan era inspired trickle-down theory of economics plan on striking in hundreds of U.S. cities on April 15, tax day in efforts to secure a $15 an hour wage and the right to form unions without retaliation from employers.They say they'll be joined by more than 60,000 people across the country as well as others in 35 countries around the world and that this time workers from new industries will be standing with them – from home care and child care workers, to adjunct professors, to Walmart employees. One report calls the planned action a "series of global labor strikes with protests on college campuses." According to April15.org "Millions of underpaid workers can’t support their families or make ends meet on hourly wages that haven’t kept pace with the bills – or their employers’ profits. On April 15, fast food cashiers and cooks, retail employees, child care workers, home care providers, airport workers, and all of us who believe they deserve better are showing up in cities across the country to say ENOUGH."The April 15 strike action will include rallies and marches on 170 university campuses. CBS News notes that, "Expanding the labor movement to college campuses hearkens back to successful social movements that included pressure from university students, such as the 1980s divestment campaign against U.S. corporations that invested in apartheid-era South Africa. While college students have long served as a vocal social force in American history, though, there's a growing group on campuses seeking higher wages: adjunct professors."The same report quotes Tiffany Kraft, an adjunct professor in Portland, Oregon as saying, "The universities I work for pay me next to nothing and treat me like I'm expendable. I joined the Fight for $15 to demand higher wages and more respect for our role as educators." CBS reported that adjunct professors typically earn about $20,000 to $25,000 per year and get no health benefits or job security, even though "they hold doctorates or other advanced degrees."In many communities brick layers, construction workers and auto mechanics with no college degrees earn that and more.Terrence Wise, a Burger King worker from Kansas City, Missouri, and a national leader for the Fight for $15 push told the Associated Press "This will be the biggest mobilization America has seen in decades," and will feature some 2,000 groups including Jobs With Justice and the Center for Popular Democracy.
SourceYou can find out here where an event near you will take place.
Think The Minimum Wage Will Be Safe Under Labor Secretary Puzder? Not So Fast.
Think The Minimum Wage Will Be Safe Under Labor Secretary Puzder? Not So Fast.
This year was supposed to be a good one for America’s workers. After all, nearly 12 million workers won higher wages in...
This year was supposed to be a good one for America’s workers. After all, nearly 12 million workers won higher wages in 2016, the result of sustained and coordinated efforts around the country. There’s a catch though: if these wages aren’t enforced, American workers will never even see them.
And despite widespread support, state and local lawmakers and business communities have already begun threatening to not comply with the wage hikes. In Maine, Governor Paul LePage ordered his administration to stop enforcing a minimum wage hike that 60 percent of his state’s residents voted for, telling employers who violate the law that they would be off the hook.
At the other end of the country in Flagstaff, Arizona, 54 percent of city residents backed a $15 minimum wage in elections last year, but business groups are fighting to move enforcement from a local authority to a state commission, which would likely delay the processing of claims. The state as a whole has backed higher wages, approving a proposition to raise the state’s minimum to $12 by 2020 last year.
In the face of such attacks at the city and state level, it’s imperative to have a federal Labor Department committed to ensuring that workers aren’t cheated out of their wages - wages not only earned through hard work but also guaranteed by law.
This won’t be the case if Andy Puzder becomes Labor Secretary. As chief executive officer of CKE Restaurants, the parent company of Carl’s Jr. and Hardee’s, Puzder consistently flouted basic labor standards.
Puzder, whose confirmation hearing has already been put off multiple times, could easily fail to enforce the wage increases that prevailed in referendums throughout the country, and he’s likely to put even the existing protections we have in jeopardy - including the minimum wage, which currently stands at a paltry $7.25.
It’s the proverbial fox guarding the hen house, a term that we seem to be asserting with every cabinet appointee, but that rings even more true with Puzder.
Just last week, CKE Restaurants was hit with nearly two dozen charges of stealing wages. Multiple workers said they had worked for weeks without seeing a paycheck. One was only paid after he stopped coming to work in protest.
CKE has also come under fire for paying employees with pre-paid debit cards that incur fees on certain ATMs, in effect shorting employees their full paycheck.
If Puzder runs the Labor Department like he runs his company, these kinds of abuses will be allowed to flourish nationwide – and workers will lose one of their most important outlets for addressing their concerns.
For working Americans, it could be a disaster of epic proportions
And CKE is far from the only chain that regularly skirts labor laws. In fact, wage theft runs rampant across the restaurant industry, as well as retail and other low-paying service jobs. A National Employment Law Project study found that more than two-thirds of low-wage workers in New York City, Chicago and Los Angeles had experienced wage theft in the previous workweek. The Economic Policy Institute in 2014 calculated that wage theft cost Americans as much as $50 billion every year
Some states, realizing the scope of the problem, have taken steps to improve oversight in recent years. In New York, 2010 workers won the strongest protections against wage theft in the country. After passage of a significantly higher minimum wage last year, Governor Cuomo followed up with a 200-person task force to ensure wages are being paid.
Yet state action can only do so much. The Department of Labor sets standards for wage enforcement around the country and is the front-line agency for filing many wage theft cases. A 2009 Government Accountability Office report found that weak oversight during the Bush years had left thousands of workers stranded with nowhere to turn.
We have made too much progress to turn back now. Taking the teeth out of oversight hurts workers and hurts the overall economy. Members of Congress need to make clear that Puzder’s persistent record of wage theft disqualifies him from the job of Labor Secretary – and, if Puzder is confirmed, states must show that they are willing to stand up for workers on their own.
By JoEllen Chernow
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New Video: Preying on Puerto Rico, The Forgotten Citizens of Hedge Fund Island
New Video: Preying on Puerto Rico, The Forgotten Citizens of Hedge Fund Island
Last month I returned to my native Puerto Rico to attend a wedding and was catching up with family still on the Island...
Last month I returned to my native Puerto Rico to attend a wedding and was catching up with family still on the Island one evening. A couple of sips of whiskey in, and the truth came out: My wife’s father reported that he hadn’t received a paycheck in 3 months.
He is a doctor. A highly specialized one, And, with most of his patients coming through government insurance, he hadn’t seen a dime in payment.
Most Puerto Rican health care professionals try to hang on as long as possible. They want to stay in their homeland, be with their families and help make things better. But increasingly, they have no choice. Now many doctors are among the hundreds of thousands of Puerto Ricans who have become economic migrants, forced to flee from home because they simply cannot survive on patriotism and hope.
In 2014, 364 doctors left the island, the Puerto Rican Surgeons and Physicians Association reported. Last year, 500 practitioners packed up and got out.
“Don’t get hurt on a Sunday or a holiday,” one man recently told CNN after his uncle died because only 2 neurologists were on duty to serve the island’s 3.5 million “forgotten citizens.” (His family now calls the lines at the hospital “the walking dead.”)
Behind those staggering numbers is rapacious, hungry, heartless greed as embodied by two simple words: Hedge funds.
Just like Detroit, Greece and other places rocked by the recession and government mismanagement, Puerto Rico’s debt ballooned over the last decade, further exacerbated by colonial status and expiring tax incentives.
In 2012, hedge fund managers began to circle the Commonwealth, looking to reap billions – and experiment with new wealth extraction strategies that could be imported back to the American mainland. The short version: They bought Puerto Rican bonds after the price fell.
Now these “vulture” managers (as they are literally called for their creditor and distressed buying schemes – los buitres in Spanish) insist that any package from Washington that allows Puerto Rico to renegotiate its $72 billion debt puts Wall Street investors at the front of the line to get paid.
A handful are holding out for even more; refusing to accept any restructuring and demanding even more severe austerity measures and suffering so they don’t have to take any losses on their risky investment.
These carrion feeders are in fact, real human beings, acting in inhumane ways: Mark Brodsky, of the $4.5 billion Aurelius Capital and Andrew Feldstein, of the $20 billion BlueMountain Capital are two leaders of the vulture flock of hedge fund billionaires circling Puerto Rico trying to make huge profits from what’s turning into a full-scale humanitarian crisis.
Brodsky bought up the Island’s debt for as low as 29 cents on the dollar and now is demanding full repayment (Think Greece, and Argentina). He is helping fund economists who argue that vital government services must cease – and schools and hospitals must close - to extract full payment.
Feldstein has teams of lawyers fighting basic protections for Puerto Ricans in court and lobbyists taking the same case to Congress. On his dime they have launched a high profile and highly fraudulent media campaign to make sure Congress keeps working for the billionaires – and against teachers, students, the elderly… and my former neighbors and relatives.
Together with John Paulson – who literally bragged to his bros that together they could create the “Singapore of the Caribbean” and create a tax haven for themselves – these vulture investors are consuming the living, for their greed.
That’s why I’ve been working with Brave New Films and a large coalition, including Make the Road, New York Communities for Change, Organize NOW, Florida Institute for Reform & Empowerment, AFT, SEIU, NEA, New Jersey Communities United, Grassroots Collaborative , Center for Popular Democracy, Strong Economy for All, and Citizen Action, under the campaign banner Hedge Clippers, to help ordinary Puerto Ricans expose the truth about these bad actors and their flock.
Preying on Puerto Rico: Forgotten Citizens of Hedge Fund Island is a series of short film videos that Puerto Rican activists helped create to kick off an escalated series of large actions calling on those with the power to help to stand up for Puerto Ricans and stand up to los buitres.
These same leaders are behind a growing wave of protests on Capitol Hill, Wall Street, the Trump Towers and at the Federal Reserve Board offices in cities across the U.S.
They are getting attention and being heard, but the path forward is uphill. We need your help. With unemployment at 14% and 45 percent of Puerto Ricans living below the poverty line Puerto Rico is in a humanitarian crisis. PROMESA, the bill that just passed out of the US House and is on its way to the Senate, is a bad deal that will help the hedge funds, but not the Puerto Rican people.
Preying on Puerto Rico: Forgotten Citizens of HedgeFund Island is only the beginning of how we can use our voices and votes to help my father in-law remain on the Island to help save lives – and end this suffering caused by these vultures and the politicians that do their bidding.
Join us today to share these films – and call Feldstein and Brodsky to ask them: how many more billions do you need to make before you stop pillaging the poor?
By Julio López Varona / Brave New Films
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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
Warren allies demand answers from Clinton on Wall St. ties
“On behalf of our nine million supporters across the country, we are writing to request more information about your...
“On behalf of our nine million supporters across the country, we are writing to request more information about your positions regarding the revolving door between Wall Street and the federal government,” reads a statement backed by Democracy For America, Rootstrikers, CREDO Action, MoveOn.Org Political Action, the Center for Popular Democracy Action, The Other 98%, Friends of the Earth Action, and American Family Voices.
The missive, which comes as Clinton interrupts her Hamptons vacation to unveil her rural policy platform in Iowa on Wednesday, specifically notes that Clinton has yet to support or comment on Sen. Tammy Baldwin’s Financial Services Conflict of Interest Act. Progressive icon Sen. Elizabeth Warren — who has ties to many of those who signed the letter — has encouraged all presidential candidates to back the legislation, as both Bernie Sanders and Martin O’Malley have done.
“These types of ‘golden parachute’ compensation packages are highly controversial, and for good reason,” the letter reads. “At worst, it results in undue and inappropriate corporate influence at the highest levels of government — in essence, a barely legal, backdoor form of bribery.”
The letter concludes by posing two questions to the Democratic front-runner: “Do you still support the use of this controversial compensation practice?” and “If you become president, will you allow officials who enter your administration to receive this sort of bonus?”
While Clinton has made steps to appeal to the types of progressive voters behind this letter, she has so far resisted pressure from the left to support reviving the Glass-Steagall Act, which separated commercial and investment banking before it was repealed in 1999. And members of these groups who wanted bank antagonist Warren to run for the presidency are on high alert this week after news broke that the Massachusetts senator met with Vice President Joe Biden over the weekend as he considers his own presidential ambitions.
“It’s hard to imagine Democrats’ 2016 nominee will be truly tough on Wall Street banks that break the law, if they won’t commit to banning their advisers from receiving legalized bribes from those same banks,” said Charles Chamberlain, executive director of Democracy for America, a group founded by former Vermont governor and current Clinton backer Howard Dean.
The letter names a pair of Clinton associates who moved from banks to the State Department: Robert Hormats, an undersecretary who came from Goldman Sachs, and Thomas Nides, a deputy secretary who came from Morgan Stanley.
Warren has suggested repeatedly that any candidate seeking her endorsement must agree not to appoint officials with Wall Street ties.
“Anyone who wants to be president should appoint only people who have already demonstrated they are independent, who have already demonstrated that they can hold giant banks accountable, who have already demonstrated that they embrace the kind of ambitious economic policies that we need to rebuild opportunity and a strong middle class in this country,” she said in July.
Source: Politico
NYC and Seattle seek 'fair workweek' legislation for fast-food workers
NYC and Seattle seek 'fair workweek' legislation for fast-food workers
Municipal leaders and labor activists nationwide who fought for a $15 minimum wage now want to serve up a “fair...
Municipal leaders and labor activists nationwide who fought for a $15 minimum wage now want to serve up a “fair workweek” and steady hours for fast-food workers.
New York City Mayor Bill de Blasio set a plan in motion last week to give 65,000 hourly workers in the city's fast-food industry more stable work schedules by requiring a two-week notice for employee shift assignments. City Council members have vowed to introduce the legislation in the coming weeks.
In Seattle, the City Council on Monday gave its unanimous approval to a similar ordinance, which will affect well-known retail and food service establishments, as well as certain full-service restaurants. Mayor Ed Murray is scheduled to sign the ordinance into law by next week.
While supporters of such proposals – called “secure scheduling” in Seattle – say working families need protection against erratic work schedules, some retail organizations argue these concerns have been blown out of proportion. The Washington Retail Association said the Seattle ordinance would make work schedules less flexible.
“The effects of the law threaten to reduce available work hours for retail employees, reduce hiring opportunities and impose burdensome bookkeeping and fines on retailers deemed to be in violation of the law,” the retail association said in a news release.
Other business groups, however, don’t see the scheduling legislation as a major burden for employers. Mark Jaffe, chief executive officer of the Greater New York Chamber of Commerce, told AMI Newswire that the proposal is fair and that it wouldn’t cause fast-food eateries to go out of business.
“How hard is it to schedule people two weeks in advance?” he said.
A number of citywide initiatives, from affordable housing to reasonable transportation options, have helped New York City maintain a productive workforce, Jaffe said, and the Fair Workweek legislation would do the same. “We don’t believe it’s an unreasonable burden on the employer,” he said. “This is a no-brainer.”
The proposal was directed toward fast-food workers because that’s where most of the scheduling concerns originate, Jaffe said. Many of those employees need to map out their schedules in advance because they often work more than one job, he said.
The New York State Restaurant Association expressed concern about the proposed legislation but hopes it can work with city officials to reduce the burden to its members.
“It’s troubling that fast-food restaurants, which are really a local franchisee-run small business, have been singled out yet again when these restaurants are already being subjected to greater regulations than any other industry,” said the restaurant association’s chief executive officer, Melissa Fleischut, in a prepared statement. “Labor costs for quick-serve restaurants are skyrocketing, and under state law the hospitality industry is already subject to call-in pay and extra pay for a longer-than-10 spread of hours in a single day.”
In addition to providing employees a two-week notice on work schedules, the New York City proposal would force employers who make last-minute schedule changes to pay extra compensation to affected workers. The plan would also place restrictions on the practice of what’s called “clopening” – when an employee is required to work a closing shift followed by an opening shift.
“We will regulate that practice and require that there be at least 10 hours between a closing shift and an opening shift that a worker has to perform,” de Blasio said during a public announcement last week.
The mayor dismissed anticipated concerns about layoffs resulting from the proposal, saying that he heard the same rumblings when the city was moving to expand paid sick leave for workers. “Guess what happened?” de Blasio said. “This city has added 290,000 private-sector jobs.”
Jan Teague, chief executive officer of the Washington Retail Association, said in a prepared statement that the Seattle proposal could limit the ability of businesses to take part in the city’s Summer Youth Employment Program and make it more difficult for college students to find temporary jobs over the summer and during holidays.
Teague has also expressed concern that employers would end up paying higher “predictive pay” to workers in order to fill shifts resulting from a worker calling in sick or quitting abruptly.
“Any way you slice it, this ordinance will make the workplace less flexible to meet the needs of employees and employers,” Teague said during the debate over the Seattle measure. “Sadly, this ordinance will reduce the number of hours available for many retail and restaurant employees – and they cannot afford to see their incomes go down.”
In addition, she took issue with the idea of discouraging time allotments between shifts of less than 10 hours. Some workers want to have shifts close together during part of the week to free up time later for second jobs or helping to care for a family member, Teague said.
The National Retailers Association took a similar position. “Government intervention in the scheduling of employees through a one-size-fits-all approach intrudes on the employer-employee relationship and creates unnecessary mandates on how a business should operate,” the association said in a statement on its website.
Despite such concerns, the pro-worker advocacy group Center for Popular Democracy predicted that the victory for secure scheduling in Seattle would encourage other cities to follow suit.
“Those working in Seattle’s retail, restaurant and coffee chains will no longer have to turn their lives upside down just to earn enough hours to survive – and they will finally gain a greater voice in how much and when they work,” the center’s director of the Fair Workweek Initiative, Carrie Gleason, said in a prepared statement. “We can expect the vote in Seattle will inspire other cities to act.”
By Michael Carroll
Source
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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