Bank Workers Tell Their Bosses: Stop Making Us Sell Shady Products To Poor People
ThinkProgress - April 9, 2015, by Alan Pyke - The newest line of criticism for the banking industry is coming from...
ThinkProgress - April 9, 2015, by Alan Pyke - The newest line of criticism for the banking industry is coming from within, as a group of rank-and-file banking employees prepare to demand that their employer stop ordering them to use predatory sales tactics and start treating them as a valued piece of the workforce.
A group of tellers, loan officers, and customer service representatives from the country’s largest commercial banks will rally Monday outside office towers in Minneapolis to call attention to their own low pay and to consumer-harming sales policies they say are imposed on them by management. As part of the demonstrations, workers will ask to meet with executives at Wells Fargo to deliver a petition calling for the bank to do away with high-pressure sales quotas for its customer service staff.
In a new report from the Center for Popular Democracy (CPD), one teller “says she has to ‘practically chase customers out of the door hawking unwanted credit and debit card accounts'” or face reproach from her manager, despite corporate policy that ostensibly prohibits disingenuous or high-pressure tales tactics.
“What they want, what they need, isn’t important to us. Selling them a product is,” a call-center worker at another bank said, summarizing the approach her managers take toward customers.
The CPD report details how the largest banks exacerbate inequality on the macro level and prey upon trusting customers on the micro-level. It argues that the largest American consumer banks are contributing to economic inequality and mining huge profits while freezing tens of millions of un-banked Americans out of basic financial services.
The kinds of basic banking products that are essential to working people trying to save for their retirement or their children “are what industry insiders consider ‘low-value’ or ‘low-margin’ services,” CPD notes, and “are not currently a priority for the big banks.” Instead, banks have put tellers and call center employees under ever more pressure to sell people credit cards and additional bank accounts regardless of whether those products suit the customer’s real needs. At one bank, customer service staff must “make 40 percent of the sales of the top seller to avoid being written up.”
For providing this warped version of “customer service” and surviving the high-pressure work environment the banks create for them, frontline workers are rewarded with falling pay. Pay for tellers fell by more than 5 percent from 2007 to 2013 after adjusting for inflation. Bank workers who conduct interviews for people requesting loans have seen their wages drop by 3.2 percent, and customer service reps have gotten a 2.5 percent cut in that same window.
Out of every 10 bank tellers in the country, three are enrolled in food stamps or another public assistance program. Considering that most such programs have far fewer people enrolled than are eligible for them, it’s likely that the ratio of tellers who qualify for public aid is even higher. Taxpayers spend nearly $900 million a year providing benefits to bring bank tellers and their families up to a subsistence-level income, which means everyone in the country is helping to subsidize bank profits.
Those profits are massive, as the CPD report notes. For every dollar in revenue that the 10 largest consumer banks in America bring in, they manage to keep 20 cents as pure profit after paying workers, overhead, and taxes. That large profit margin leaves plenty of room to pay workers enough to avoid poverty.
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Charter Schools Had Tough Week
Times Online - October 5, 2014, by The Times Editorial Board - It’s been a tough week for supporters of the charter...
Times Online - October 5, 2014, by The Times Editorial Board - It’s been a tough week for supporters of the charter school movement in Pennsylvania.
On Tuesday, PA Cyber School founder Nick Trombetta and his attorney were back in a federal courtroom trying to have evidence suppressed in his upcoming criminal trial on charges of mail fraud, theft, tax conspiracy and filing false tax returns. Trombetta is accused of siphoning off millions of taxpayer dollars for his own gain.
On Wednesday, a new report was released citing Trombetta as an example of $30 million in fraud and financial mismanagement among the state’s charter schools since 1997.
The report was done by three organizations — the Center for Popular Democracy, Integrity in Education and Action United. It follows a national report in May by the first two groups that claimed $136 million has been lost to waste, fraud and abuse by charter schools.
While the numbers are alarming, we know that all charter schools are not part of the problem. Still, it only takes a few incidents — such as the case against Trombetta — to give the entire movement a black eye.
What we will say is that state’s charter school law is badly in need of revision, particularly in the area of accountability. State legislators need to step in now and address the problems if charter schools are to remain part of the state’s education program.
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Hillary Clinton wants to shake up the Fed
Hillary Clinton wants to shake up the Fed
Hillary Clinton wants the Federal Reserve to look a lot different. The Democratic candidate's campaign said Thursday...
Hillary Clinton wants the Federal Reserve to look a lot different.
The Democratic candidate's campaign said Thursday that it supports a plan presented by Democratic lawmakers calling for more diversity at the Federal Reserve and removing bankers from the boards of regional branches.
A statement from Clinton campaign spokesperson Jesse Ferguson argued that the changes were necessary in order to make the central bank more representative of the American people (emphasis ours):
The Federal Reserve is a vital institution for our economy and the well-being of our middle class, and the American people should have no doubt that the Fed is serving the public interest. That's why Secretary Clinton believes that the Fed needs to be more representative of America as a whole and that commonsense reforms -- like getting bankers off the boards of regional Federal Reserve banks -- are long overdue. Secretary Clinton will also defend the Fed's so-called dual mandate -- the legal requirement that it focus on full employment as well as inflation -- and will appoint Fed governors who share this commitment and who will carry out unwavering oversight of the financial industry.
The biggest issue raised in Secretary Clinton's statement is that employees of banks make up a considerable portion of the boards of the twelve regional Federal Reserve banks.
The original letter, signed by Congressional Democrats such as Massachusetts Sen. Elizabeth Warren and presidential candidate Vermont Sen. Bernie Sanders, was sent to Federal Reserve Chair Janet Yellen on Thursday morning. It cited some gains made by the Fed, but said there is more work to be done.
"However, despite these gains, we remain deeply concerned that the Federal Reserve has not yet fulfilled its statutory and moral obligation to ensure that its leadership reflects the composition of our diverse nation in terms of gender, race and ethnicity, economic background, and occupation, and we call on you to take steps to promptly begin to remedy this issue," said the letter.
The Democrats' letter also cited statistics that showed that 92% of regional bank presidents are white; 100% of the current voting members of the Federal Open Markets Committee are white, and 75% of the regional bank directorships are male.
The Fed's leadership is made of three levels. The lowest level is made up of the 12 regional banks' boards of directors. Those elect the next level, the presidents of the regional branches. At the top level are the seven members of the Fed's Board of Governors appointed by the US president, including the chair.
The seven governors and the regional presidents make up the Federal Open Markets Committee, which determines monetary policy for the US.
The letter from Democrats also advocated for caution in monetary-policy decision-making at upcoming meetings, taking into consideration how policy would affect average Americans.
"Moreover, as you make crucial monetary policy decisions in 2016, we urge you to give due consideration to the interests and priorities of the millions of people around the country who still have not benefited from this recovery," said the letter.
"We share the vision that you laid out in Chicago two years ago: an economy in which all working families 'get the chance they deserve to build better lives'."
There has been a push among Democrats in Congress urging the Fed to keep interest rates near their historically low levels in order to allow more workers to find jobs and increase wages.
Chair Yellen said in her regular testimony before Congress that she is sympathetic to the position.
By Bob Bryan
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We Can Fight Back Against Trump’s Islamophobia
We Can Fight Back Against Trump’s Islamophobia
Taif Jany is a rising young policy expert who was born and raised in Iraq and now lives in Washington, DC. His family...
Taif Jany is a rising young policy expert who was born and raised in Iraq and now lives in Washington, DC. His family is Mandaean, not Muslim, but his birthplace and brown skin make him feel like a target all the time. He sometimes looks over his shoulder when he walks through DC, where he works as policy coordinator for the Young Elected Officials (YEO) Network Action, a program of People for the American Way. Over the last year, his feelings of insecurity have only gotten worse.
This article was produced in partnership with Local Progress, a network of progressive local elected officials, to highlight some of the bold efforts unfolding in cities across the country.
“Personally I feel intimidated when I walk around the street,” said Jany. “I feel like I’m an easy target, even though I’m not Muslim. I hear from some of my Muslim friends about daily harassment in cities, suburbs, everywhere.”
And that was before Donald Trump won the presidential election.
Jany and his friends have good reason to be scared. Muslims, along with Arabs and South Asians more broadly, are under assault in the United States. While anti-Muslim bigotry has a long and grotesque history in this country, the shape and nature of the bias has intensified during the last few years, with Muslims suffering the fallout in deeds as well as words. In 2015, 78 mosques were targeted for arson or other forms of vandalism, more than triple the number of mosques targeted in the two years prior. Since 2010, ten states have passed “anti-Sharia” laws, with a majority of the rest pushing to add “anti-Sharia” measures to their books, never mind the fact that Sharia poses zero threat, legal or otherwise, to American constitutional law. And hate crimes are on the rise across the country, with official reports of anti-Muslim crimes jumping from 154 in 2014 to 174 in 2015.
Then there is the rhetoric—poison-tipped words and proposals deployed, not merely by fringe-racist characters like Pamela Geller but also by leading political figures who have turned Muslim bashing into campaign-season sport. Trump has rightly garnered the most attention with his pitch for a “total and complete shutdown of Muslims” seeking to come to the country, followed by the allegedly toned-down version of that pitch—his call for “extreme vetting.” He has also said he would “implement” a database to track Muslims. But he has hardly been the only one to embrace bigotry. Almost all of his Republican primary competitors trafficked, at some point or another, in anti-Muslim slurs, with Ben Carson comparing Syrian refugees to “rabid dogs” and Mike Huckabee describing Muslims as “uncorked animals.” And such rhetoric hurts; it has real, often violent, consequences. One recent Georgetown University study found that anti-Muslim attacks corresponded with calls from prominent politicians to ban Muslim immigrants.
That’s why Jany, along with hundreds of politicians and local leaders across the country have begun pushing back. Under the aegis of the American Leaders Against Hate and Anti-Muslim Bigotry Campaign, progressive officials at every level of local government have begun introducing legislation and pressing for policies that combat Islamophobia. From school-district initiatives in California and elsewhere that require schools to monitor religious bullying, to advertising and education campaigns in cities like New York that aim to teach non-Muslims about Muslim communities, local officials are joining forces with Muslim constituents to show what true leadership looks like. In the last month alone, the city councils of Columbus (Ohio) and New York City passed resolutions condemning Islamophobia—and affirming support for Muslim communities.
“We were regressing into more and more Islamophobia,” said Daneek Miller, who represents southeast Queens as the New York City Council’s only Muslim member and who helped pass the New York resolution. “These last six months or so, with Trump, have made things worse. We had to do something to reverse the trend.”
These new efforts are taking root in cities and towns across the country, creating oases of tolerance in some of the most unlikely states. In Kansas City, Missouri, the school board recently passed a resolution that condemns hate speech against Muslims and those who might be mistaken for Muslims, and explicitly supports its Muslim students. The Metro Nashville Public School Board in Tennessee adopted a similar resolution on October 11.
The American Leaders Against Hate campaign is the joint creation of Local Progress, a network of hundreds of progressive local officials, and the YEO Network Action, which came together earlier this year in the hope of transforming isolated local initiatives into a national platform against Islamophobia. Even before the campaign began mobilizing officials, the occasional mayor or city council would attempt isolated interventions. (In Muncie, Indiana, home state of Trump running mate Mike Pence, for instance, the City Council passed a unanimous resolution promoting religious freedom this past March.) Since the campaign’s launch, these interventions have accelerated rapidly in number as well as kind.
The campaign has thus far come up with about a dozen policy solutions to reduce Islamophobia. Some of them are relatively easy lifts that can be done on a local level. For instance, school districts can write into their bylaws explicit support for Muslim students, and a commitment to hold those who discriminate based on race or religion accountable for their actions. Many school districts have begun to take bullying more seriously; the American Leaders Against Hate campaign suggests being extra-vigilant about bullying based on religion or skin color, including a formalized tracking system for incidents.
Schools can also work anti-bullying and pro-diversity information into their curricula. They can train teachers and guidance counselors to not only know more about Muslim cultures but also to know how to spot bias within themselves and their students, and how to deal with it. While these measures are relatively minor tweaks on their own, together they add up to providing more inclusive environments for Muslim kids and others whose place of birth or religion make them susceptible to Trump-style bigotry.
Other policy changes, such as establishing anti-profiling measures for police, will need to clear more hurdles. But the first step toward clearing those hurdles is to get local elected leaders together to create a national platform capable of tackling bigger issues. The American Leaders Against Hate campaign, for instance, has recommended that states curb surveillance, which disproportionately affects Muslim communities. In the age of NSA data mining, that might be a big ask, but local officials are already making some headway. In June, Santa Clara County, California, passed a landmark ordinance that will help inform citizens about new technology the government is using for policing and surveillance, and make the legal framework for using those technologies transparent and open for debate.
While many of the efforts have been warmly received, a few have run into the buzzsaw of anti-Muslim hysteria either during or after their passage. In Kansas City, for instance, the school-board resolution condemning anti-Muslim hate speech caused an uproar that spread well beyond the city. Despite the fact that the resolution doesn’t require any major changes to school curricula, conservative websites warned of “creeping Sharia law,” and the school district received thousands of angry, sometimes violent, e-mails, many originating from an extremist group called Act for America. The barrage was so intense that the school district had to set special e-mail filters so that its employees could conduct normal business.
That backlash, Kansas City Board of Education chair Melissa Robinson said, was further proof of the amount of work needed to combat Islamophobia. “It’s an illumination of the hate that’s going on around our country,” Robinson said. “As an African-American woman, thinking about the history of what it means to be black in this country, I can relate to what they’re going through in a very deep way.”
Robinson says Kansas City Public Schools joined the American Leaders Against Hate campaign because they understood that Islamophobia wasn’t limited to the city’s school district. The campaign allows local action, like the kind Robinson is doing in Kansas, to have national impact.
Progressives at every level of local government have begun introducing legislation that combats Islamophobia.
While policy is the end goal of the nationwide campaign, its organizers also see it as a chance for ramping up pro-diversity rhetoric. Just as Donald Trump’s verbal attacks on Muslims have led to an increase in anti-Muslim violence, members of the American Leaders Against Hate campaign are hoping that by highlighting Islamophobia and the need for diversity and tolerance, they’ll be able to spur action in the other direction. That’s why the first part of the campaign has involved getting hundreds of local leaders to sign a letter pledging their support for Muslim communities: to show there is a large and effective counterweight to hateful rhetoric.
As the letter demonstrates, countering hateful rhetoric doesn’t have to involve arduous policy change. Instead, it can involve leaders using their positions of power to call for greater tolerance. Under New York City Mayor Bill de Blasio, for example, the city has begun an ad campaign to not only promote tolerance, but also ensure that Muslim New Yorkers feel welcome in the city. And in Minnesota, which has the largest Somali population in the United States, Abdi Warsame, a City Council member and Local Progress stalwart, has been using his platform to call for greater understanding between the Muslim and non-Muslim community, and to push for city services to be accessible to people who speak different languages, a boon to the city’s large Somali population.
“It’s very important to highlight the issue of Islamophobia in the same way we’d highlight anti-Semitism or homophobia, and start having a dialogue and discourse,” Warsame said. “We want to bring people together to discuss this issue. It’s not just about Muslims. It’s about who we want to be as cities, as states, as a country.”
By Peter Moskowitz
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A Push to Give Steadier Shifts to Part-Timers
New York Times - July 15, 2014, by Steve Greenhouse - As more workers find their lives upended and their paychecks...
New York Times - July 15, 2014, by Steve Greenhouse - As more workers find their lives upended and their paychecks reduced by ever-changing, on-call schedules, government officials are trying to put limits on the harshest of those scheduling practices.
The actions reflect a growing national movement — fueled by women’s and labor groups — to curb practices that affect millions of families, like assigning just one or two days of work a week or requiring employees to work unpredictable hours that wreak havoc with everyday routines like college and child care.
The recent, rapid spread of on-call employment to retail and other sectors has prompted proposals that would require companies to pay employees extra for on-call work and to give two weeks’ notice of a work schedule.
Vermont and San Francisco have adopted laws giving workers the right to request flexible or predictable schedules to make it easier to take care of children or aging parents. Scott M. Stringer, the New York City comptroller, is pressing the City Council to take up such legislation. And last month, President Obama ordered federal agencies to give the “right to request” to two million federal workers.
The new laws and proposals generally require an employer to discuss a new employee’s situation and to consider scheduling requests, but they do not require companies to accommodate individual schedules. Many businesses have opposed these measures, arguing that they represent improper government intrusion into private operations.
In a referendum last year, voters in SeaTac, Wash. — the community near Seattle that also passed the nation’s highest minimum wage, $15 an hour for some workers — approved a measure that bars employers from hiring additional part-time workers if any of their existing part-timers want more hours. The move was a response to complaints from workers that they were not scheduled for enough hours to support their families. Some San Francisco lawmakers are seeking to enact a similar regulation.
Representative George Miller of California, the senior Democrat on the House Committee on Education and the Workforce, plans to introduce legislation this summer that would require companies to pay their employees for an extra hour if they were summoned to work with less than 24 hours’ notice. He is also proposing a guarantee of four hours’ pay on days when employees are sent home after just a few hours — something that happens in many restaurants and retailers when customer traffic is slow.
That happened to Mary Coleman. After an hourlong bus commute, she arrived at her job at a Popeyes in Milwaukee only to have her boss order her to go home without clocking in — even though she was scheduled to work. She was not paid for the day.
“It’s becoming more and more common to put employees in a very uncertain and tenuous position with respect to their schedules, and that ricochets if workers have families or other commitments,” Mr. Miller said. “The employer community always says it abhors uncertainty and unpredictability, but they are creating an employment situation that has huge uncertainty and unpredictability for millions of Americans.”
While Mr. Miller acknowledges that his bill is unlikely to be enacted anytime soon — partly because of opposition from business (and a Republican-controlled House), he said the bill would bring attention to what he called often callous scheduling practices. His bill, similar to one in the Senate sponsored by Bob Casey, Democrat of Pennsylvania, has a “right to request” provision that would bar employers from denying requests from workers with caregiving or school-related conflicts unless they had a “bona fide” business reason.
Corporate groups protest that such measures undercut efficiency and profits. “The hyper-regulation of the workplace by government isn’t conducive to a positive business climate,” said Scott DeFife, an executive vice president of the National Restaurant Association. “The more complications that government creates for operating a business, the less likely we’ll see a positive business environment that’s good for the economy and increasing jobs.”
Mr. DeFife pointed out that the daily ebb and flow of customers necessitated flexibility in scheduling.
David French, a senior vice president of the National Retail Federation, said many people chose careers in retail because of the flexible work hours.
“These proposals may sound reasonable, but if you unpack them, they could be very harmful,” Mr. French said. “Where employers and employees now work together to solve scheduling problems, you’ll have a very bureaucratic environment where rigid rules would be introduced.”
While many of these workers are not unionized, the labor movement has often battled against part-time work and ever-changing schedules. But as unions have grown weaker, employers have felt freer to employ part-timers and use more volatile scheduling. Unions still push for workers to get more hours — and those pressures are one reason Macy’s and Walmart have adopted programs letting employees claim additional, available shifts by going onto their employers’ websites.
In a climate where many retailers, restaurants and other businesses are still struggling after the recession, economists point to the increased uncertainty faced by employees. About 27.4 million Americans work part time. The number of those part-timers who would prefer to work full time has nearly doubled since 2007, to 7.5 million. According to Bureau of Labor Statistics data, 47 percent of part-time hourly workers ages 26 to 32 receive a week or less of advance notice for their schedule.
In a study of the data, two University of Chicago professors found that employers dictated the work schedules for about half of young adults, without their input. For part-time workers, schedules on average fluctuated from 17 to 28 hours a week.
“Frontline managers face pressure to keep costs down, but they really don’t have much control over wages or benefits,” said Susan J. Lambert, a University of Chicago professor who interpreted the data. “What they have control over is employee hours.”
Ms. Lambert said flexible, not rigid or unpredictable, hours would become as important an issue as paid family leave. “The issue of scheduling is going to be the next big effort on improving labor standards,” she said. “To reduce unpredictability is important to keep women engaged in the labor force.”
David Chiu, president of the San Francisco Board of Supervisors, has created a business-labor group that is trying to find the middle ground.
“We’ve learned that predictability in hours is important not just to help workers juggle their lives, but for economic security — to help workers take a second job to live in expensive cities like San Francisco or New York,” Mr. Chiu said. “We’re confident that we can move forward with policies that work for workers as well as business’s bottom line.”
Sharlene Santos says her part-time schedule at a Zara clothing store in Manhattan — ranging from 16 to 24 hours a week — is not enough. “Making $220 a week, that’s not enough to live on — it’s not realistic,” she said.
After Ms. Santos and four other Zara workers recently wrote to the company, protesting that they were given too few hours and received just two days’ notice for their schedule, the company promised to start giving them two weeks’ advance notice.
Fatimah Muhammad said that at the Joe Fresh clothing store where she works in Manhattan, some weeks she was scheduled to work just one day but was on call for four days — meaning she had to call the store each morning to see whether it needed her to work that day.
“I felt kind of stuck. I couldn’t make plans,” said Ms. Muhammad, who said she was now assigned 25 hours a week.
A national campaign — the Fair Workweek Initiative — is pushing for legislation to restrict these practices in places including Milwaukee, New York and Santa Clara, Calif. The effort includes the National Women’s Law Center, the United Food and Commercial Workers union and the Retail Action Project, a New York workers’ group.
“Too many workers are working either too many or too few hours in an economy that expects us to be available 24/7,” said Carrie Gleason, director of the Fair Workweek Initiative and an organizer at the Center for Popular Democracy, a national advocacy group. “It’s gotten to the point where workers, especially women workers, are saying, ‘We need a voice in how much and when we work.' ”
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Inside the Avengers Cast’s One-Night-Only Performance of Our Town
Inside the Avengers Cast’s One-Night-Only Performance of Our Town
The Avengers, and friends, assembled in Atlanta on Monday night, though without their usual armor, shields, and...
The Avengers, and friends, assembled in Atlanta on Monday night, though without their usual armor, shields, and superpowers. The event, dreamed up by Scarlett Johansson, brought together some of the Marvel Cinematic Universe’s biggest stars—all in town filming Avengers: Infinity War at Atlanta’s Pinewood Studios—for a stage reading of Thornton Wilder’s theater classic Our Town, a benefit for hurricane relief in Puerto Rico.
Read the full article here.
Host of issues converge to bring about scrutiny of NY Fed pick
Host of issues converge to bring about scrutiny of NY Fed pick
Progressive groups focus on unemployment. The "Fed Up" campaign has advocated keeping monetary policy stimulus in place...
Progressive groups focus on unemployment. The "Fed Up" campaign has advocated keeping monetary policy stimulus in place longer to drive unemployment lower. Fed officials, including John Williams, have favored raising the federal funds rate in small steps to avoid stimulating the economy too much and generating a large burst of inflation that could prove difficult to control.
Read the full article here.
Fed’s Mester Calls Case for Gradual Rate Increases ‘Compelling’
Fed’s Mester Calls Case for Gradual Rate Increases ‘Compelling’
Federal Reserve Bank of Cleveland President Loretta Mester said there’s a “compelling” case for gradually raising...
Federal Reserve Bank of Cleveland President Loretta Mester said there’s a “compelling” case for gradually raising interest rates, with the U.S. economy approaching the central bank’s targets on employment and inflation.
“Policy has to be forward-looking,” Mester told reporters Thursday following a speech in Lexington, Kentucky. “If you have a forecast and inflation is moving up to your target and you’re at full employment, then it seems like a gradual increase from a very low interest rate is pretty compelling to me. Pre-emptiveness is important.”
She declined to say precisely when she believed rate increases would be necessary.
The policy-making Federal Open Market Committee will meet Sept. 20-21 to decide whether to lift the target range for its benchmark rate. Fed Chair Janet Yellen said last week the case for an increase had “strengthened in recent months.”
Investors see a roughly one-in-four probability that the Fed will act later this month, based on pricing in federal futures funds contracts.
Too Low for Too Long
Mester, who votes this year on the FOMC, said the Fed must take seriously the risk to financial stability caused by keeping rates low for too long, although she said she didn’t think the central bank was currently “behind the curve.” Nor did she see signs of financial instability already in the economy.
In her speech, Mester rejected the argument made to a number of Fed officials last week by a coalition of community activists that continued low interest rates are needed to extend the benefits of economic recovery to disadvantaged minorities.
“I do not believe that at this point in the business cycle, the current very low level of interest rates is an effective solution to these longer-run issues,” she said.
Eleven Fed governors and regional presidents, including Vice Chairman Stanley Fischer, met with organizers from the Center for Popular Democracy’s “Fed Up” campaign on the sidelines of the annual policy retreat in Jackson Hole, Wyoming, hosted by the Kansas City Fed.
The U.S. central bank has kept rates on hold through five meetings this year following a rate hike in December that was the first in nearly a decade.
By Christopher Condon
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Contractors and Workers at Odds Over Scaffold Law
New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of...
New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of the skyscraper, lawmakers in New York State enacted a law intended to safeguard construction workers who were finding themselves facing increasing dangers while working at ever-greater heights.
That measure, which became known as the Scaffold Law, required employers on building sites to ensure the safety of laborers working above the ground. Since then, some form of the legislation has remained on the books despite repeated attempts to repeal it.
But a lobby of contractors, property owners and insurers has in recent months renewed a campaign against the law, arguing that no less than the future of the state’s construction industry is at stake.
They argue that the law is antiquated and prejudicial against contractors and property owners, and essentially absolves employees of responsibility for their own accidents, leading to huge settlements. The payouts, they contend, have in turn led to skyrocketing insurance premiums that are hampering construction and the state’s economic growth.
On Tuesday, a coalition of contractors, including a newly formed alliance of firms owned by women and minorities, announced the start of an advertising and lobbying blitz in Albany and New York City. But a counter-lobby of unions, workers’ advocates and trial lawyers is pushing back just as fiercely. The law, they argue, is essential to ensuring the safety of workers in some of the world’s most dangerous jobs, particularly those employed by shoddy contracting firms that cut corners to save money. The law, they say, holds developers and contractors accountable for keeping job sites safe.
Gov. Andrew M. Cuomo this week acknowledged the politically loaded atmosphere surrounding the Scaffold Law, but suggested that he was open to the possibility of modifying the law.
The law states that contractors and property owners are responsible for ensuring that scaffolds, hoists and other devices that enable aboveground building construction and repair “shall be constructed, placed and operated as to give proper protection to a person so employed.”
When injuries result from a violation of those terms, the law says, contractors and owners are liable. There is no mention of worker responsibility. Under the law, however, the plaintiff still must show that a violation of the law’s standards occurred and that the violation caused the injury.
But those seeking to change the law want to incorporate a standard of “comparative negligence.” This amendment — described in a state bill submitted earlier this year — would require a jury or arbiter to consider whether the liability of the defendants, and thus the amount of damages, should be reduced for cases in which the worker’s negligence or failure to follow safety procedures contributed to the accident.
Opponents argue that the amendment would reduce the incentive for the property owner and contractors to take necessary safety precautions.
“This law protects both union and nonunion workers and creates a sense of accountability on these job sites,” said Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York, an umbrella group for unionized construction workers. “If the law was modified, the workers would lose their voice.”
But those seeking to alter the law say the amendment would not eliminate the owners’ and contractors’ motivation to keep their workplaces safe because they would still face the possibility of shouldering large payouts, even if they were found only partly responsible for an accident.
“The notion that a contractor or owner would want to do anything to undermine the safety of the worker on the job doesn’t make sense,” said Pamela Young, associate general counsel of the American Insurance Association.
Workers’ advocates argue that erosion of the Scaffold Law would have a disproportionate impact on minority and immigrant laborers, who, the advocates say, are more likely to work for nonunion companies that may not provide proper safety training and equipment.
Immigrants, the advocates said, are less likely to speak the same language as their bosses on a job site and more likely to fear being fired if they demand a safer workplace.
From 2003 to 2011, federal safety regulators investigated 136 falls “from elevation” that killed workers on construction sites in New York, according to a recent report by Center for Popular Democracy, an advocacy group. Of those workers, about 60 percent were Latino, foreign-born or both. That rate rose to 88 percent among fatal falls in New York City.
Some trial lawyers have been effective at using the law to secure large settlements. Of the 30 largest settlements in 2012, at least 14 were in cases brought under state labor laws and most of those involved falls from ladders or scaffolding, according to The New York Law Journal. The awards ranged from $3 million to $15 million.
Weislaw, a Polish immigrant, was the plaintiff in a liability case that was settled last month. (He spoke on the condition that his surname not be used in this article, out of concern for his privacy.) He had been part of a crew repairing the roof of a one-story public school building in Long Beach, on Long Island. While he was working on the roof one spring day in 2010, he was concentrating so hard on his task that he lost track of the edge of the roof and fell, he said, suffering multiple fractures.
“I will most likely never be able to return to work,” he said.
Weislaw filed a lawsuit under the Scaffold Law arguing that he had not been provided with proper protection, such as a safety line or a spotter.
The case settled for $2.7 million, said David Scher, a lawyer from the firm that represented him.
Critics of the Scaffold Law say the way it is written makes these sorts of cases easy to win.
“It’s a gold mine for the plaintiffs’ bar,” said Mike Elmendorf, president and chief executive of Associated General Contractors of New York State. “When you get one of these cases, it’s largely about how much it’s going to cost.”
These high payouts, he and others contend, have driven up insurance rates, knocking smaller contractors, particularly those run by minorities and women, out of business and forcing others to suspend work, costing thousands of jobs.
They argue that the impact is as high on government projects as it is on private ones, and that the soaring cost of liability insurance is forestalling the repair and construction of public works projects, such as schools, bridges and roads. The New York City School Construction Authority said in a statement on Monday that its liability insurance costs for 2014 would be nearly as much as those for the three-year period from 2011 to 2013.
But in recent weeks, the law’s defenders have employed a new gambit, demanding that the insurance companies open their accounting ledgers to prove whether the Scaffold Law is, in fact, responsible for the rate increases. Insurance executives have vowed to fight any demands to disclose proprietary information that might somehow undermine their competitive advantages.
State Assemblyman Francisco P. Moya, a Democrat who represents a heavily immigrant and Latino area of Queens, said he planned to submit a bill that would expand reporting requirements for insurance companies and help lawmakers assess whether the Scaffold Law needed to be changed.
“Show us how much the payouts are,” Mr. Moya said. “Once we see that, we’ll have a better understanding.”
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Extraordinary organizing effort to assist undocumented immigrants impacted by the #FlintWaterCrisis needs YOUR help
Art Reyes III is Director of Training and Leadership Development at Center for Popular Democracy. He along with the...
Art Reyes III is Director of Training and Leadership Development at Center for Popular Democracy. He along with the Genesee County Hispanic Latino Collaborative and a powerful group of organizers from around the country are working in Flint to be sure undocumented immigrants in Flint are getting the help they need in the midst of the water crisis there. The need is real. Many undocumented people are not getting the information they need and still more are too afraid of being detained to go to water distribution sites. It’s a legitimate fear as the U.S. Department of Immigration and Customs Enforcement (ICE) is reported to detaining people in grocery stores and other areas around Flint:
Juani Olivares, says there are roughly a thousand undocumented immigrants in Flint – and many have spent years hiding from authorities to avoid deportation.
“Water was being delivered,” she says, “and they (immigrants) were not opening the door. Because that is the one rule. Do not open the door.”
Let’s face it, undocumented immigrants aren’t paranoid: The government really does want to get them.
Juani Oliveras works with the Genesee County Hispanic/Latino Collaborative. She says rumors are flying about sporadic raids at grocery stores.
“That’s another reason why people are not getting the water,” she says.
What’s worse is that many of these folks are still boiling water before drinking it because that’s what they have been told to do in the past when e. colicontaminated the city’s drinking water. In the case of lead contamination, however, it’s exactly the WRONG thing to do because it concentrates the lead even further.
This past Wednesday, Reyes and other organizers held a training for lead canvassers in Flint, setting the stage for what they hope will become regular daily canvasses until the water issue is resolved.
I spoke with Reyes after the organizing meeting to get a better understanding of what they are hoping to accomplish. He told me that there is currently no infrastructure in place to do what needs to be done in the undocumented community so they are literally building it as they go. He told me that there are an estimated 1,000 undocumented people in Flint. The goals of his group are fourfold:
First, they want to educate people about the water situation to ensure they know what precautions to take and what things to avoid (like boiling the water.)
Second, they want to make sure people are getting the water, water filters, and other necessary items that they need to stay healthy. The state has already been neglected this marginalized population and the poisoning of Flint’s drinking water is making things much, much worse.
Third, they are collecting stories from people. Unless the stories of those who are impacted are lifted up and heard, there will be nothing to stop this from happening again.
Fourth, they are trying to create a database of undocumented immigrants so that they can continue to work with them as needed until the crisis is over. This one is very difficult. The idea of getting into any database is, of course, the greatest fear of people here without documentation.
Finally, they are working to build a database of partners and volunteers who can help them with their effort.
How can you help? There are several ways. First, you can donate money. The Genesee County Hispanic Latino Collaborative has set up a fundraising page HERE.
Second, you can volunteer your time and resources to the effort. This will be an ongoing project and they will need assistance for the foreseeable future. Spanish-speaking volunteers are in particularly high demand. They also need things like storage and organizing spaces, trainers, printing, and all of the things that go along with a long-term effort like this. Click HERE to volunteer.
Third, you can donate water.
Finally, educate yourself about the issue. A good starting point is this essay by Art Reyes titled, “I Grew Up in Flint. Here’s Why Governor Snyder Must Resign. “.
One of the groups assisting with this effort is a small non-governmental agency (NGO) called Crossing Water. The group is headed up by social worker Michael Hood who has brought together around 150 social workers from around the country along with several hundred other volunteers and donors. They have already put up several billboards around Flint in both English and Spanish letting people know not to boil the water. They have plans for more billboards, including trailer mounted billboards that they can drive around Flint. They are also using donations to pay for public service announcements on television and radio. They’ve created videos on how to properly install and use water filters and teaching new parents not to use tap water to mix with baby formula. They have recruited plumbers to help replace lead-containing plumbing. This single group is making a huge difference.
Please do what you can to help with this important outreach effort. There are literally lives on the line, including the lives of babies and children.
Source: Eclecta Blog
1 month ago
1 month ago