Flexible Schedules vs. Workers’ Burdened Life
Flexible Schedules vs. Workers’ Burdened Life
Michael Saltsman’s “A Stiff Jab at Flexible Work Schedules” (op-ed, March 30) misses the mark. Policy makers don’t want...
Michael Saltsman’s “A Stiff Jab at Flexible Work Schedules” (op-ed, March 30) misses the mark. Policy makers don’t want to “dictate how businesses schedule employees’ work”—but rather ensure employees no longer have every hour of their lives dictated by increasingly unpredictable schedules.
Today, most Americans are not working nine to five. Instead, they’re in hourly jobs that demand they be constantly available for ever-changing schedules, and require working moms, students and others to regularly cancel child care, classes and other commitments. Researchers at the University of Chicago have shown us just how little flexibility workers have, finding that fully 41% of early career hourly workers receive their schedules less than a week in advance, and half have no say in their schedule. Working should not be this hard—and until recently, it wasn’t.
Ideally, businesses would make changes on their own. When a spotlight is aimed at them, they do. In the past year, major retailers including Gap and J. Crew ended on-call shifts after an inquiry from the New York attorney general and, under continued pressure from workers, Starbucks continues to strive to deliver scheduling reforms it has promised. Forward-thinking employers are starting to recognize that scheduling improvements are good for business, reducing turnover and improving productivity.
Even so, public policy is needed to set a baseline standard that all businesses can follow and that level the playing field across the economy. It is about simply catching up with a changing workforce.
By Carrie Gleason
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Fed, Eager to Show It’s Listening, Welcomes Protesters
Fed, Eager to Show It’s Listening, Welcomes Protesters
WASHINGTON — When a dozen protesters in green T-shirts showed up two years ago at the Federal Reserve’s annual...
WASHINGTON — When a dozen protesters in green T-shirts showed up two years ago at the Federal Reserve’s annual conference in Jackson Hole, Wyo., they were regarded by many participants as an amusing addition.
Two years later, they have won a place on the schedule.
The protesters, who want the Fed to extend its economic stimulus campaign, are scheduled to meet on Thursday with eight members of the central bank’s policy-making committee. At the start of a conference devoted to esoteric debates about monetary policy, officials will hear from people struggling to make ends meet.
The Fed’s effort to show that it is listening to its critics reflects the central bank’s broader struggle to find its footing in an era whose great challenge is not the strength of inflation, but the weakness of economic growth.
Officials are wrestling with the limits of monetary policy, the focus of the conference, even as they try to address simmering discontent among liberals who want stronger action and among conservatives who say the Fed has done too much.
The meeting also represents an unlikely victory for Ady Barkan, the 32-year-old lawyer who decided in 2012 that liberals should pay more attention to monetary policy. He now heads the “Fed Up” campaign, a national coalition of community and labor groups that plans to bring more than 100 protesters to Jackson Hole.
“We want to make sure that regular voices are being heard,” Mr. Barkan said in beginning the campaign two years ago. The American economy, he said, was not working for all Americans — particularly not for blacks and other minority groups.
Fed officials so far have chosen to accommodate the group by applauding its efforts at public education, not by seriously engaging its arguments that interest rates should be raised more slowly. Esther George, the president of the Federal Reserve Bank of Kansas City, which hosts the Jackson Hole conference, arranged Thursday’s meeting with the activists. She said in an interview earlier this year that the Fed must balance job growth with other issues, like financial stability.
“I am completely sympathetic,” she said of the group’s concerns.
But she cautioned that the Fed’s powers were limited. Pushing too hard to lower unemployment could lead to higher inflation, or speculative bubbles, that would force the Fed to raise interest rates more quickly. The resulting economic volatility could end up doing more harm than good.
“The Federal Reserve has become somehow the answer to many problems far beyond what we can actually address,” she said. “I wish I could fix all of it with a tool like monetary policy. But we can’t.”
Even Mr. Barkan’s supporters acknowledge the long odds. Fed Up’s budget has grown to $2 million this year, from $145,000 in 2014, mostly from Good Ventures, a nonprofit foundation created by the Facebook co-founder Dustin Moskovitz, which describes the campaign as “relatively unlikely to have an impact.”
Fed Up’s more visible success has come in pursuit of a longer-term goal: advocating for changes in the Fed’s governance that could eventually shift its decision-making.
In a report published earlier this year, Fed Up highlighted the Fed’s lack of diversity. There are no blacks or Hispanics among the 17 officials on the Fed’s policy-making committee of 12 regional bank presidents and five governors. No black or Hispanic has ever served as president of a regional reserve bank.
Moreover, the report said that whites composed 83 percent of the directors of the Fed’s 12 regional reserve banks, who select the regional presidents.
Narayana Kocherlakota, former president of the Federal Reserve Bank of Minneapolis, said that the absence of minorities was “quite troubling.”
“Those kinds of persistent absences of key demographic groups really suggest that the appointment process, there is something that can be fixed there,” he said.
Fed Up also argued that bank executives should not sit on regional Fed boards. Under current law, bankers hold three of the nine seats on each board. The regional reserve banks are owned by the commercial banks in each district, although they operate under the authority of the Fed’s board, a government agency whose members are nominated by the president and confirmed by the Senate.
In May, 127 congressional Democrats signed a letter to Janet L. Yellen, the Fed chairwoman, calling attention to the Fed’s lack of diversity and the influence of the banking industry.
On the same day, a spokesman for Hillary Clinton’s presidential campaign said in a statement that “Secretary Clinton believes that the Fed needs to be more representative of America as a whole and that common sense reforms — like getting bankers off the boards of regional Federal Reserve Banks — are long overdue.”
Two months later, the Democratic Party adopted a campaign platform that included similar language, the first time in recent decades it mentioned the Fed.
Andrew Levin, an economist at Dartmouth College, said Fed Up’s greatest chance for significant influence was not in framing the current debate about interest rates, but in changing the Fed itself. He co-wrote a report that the campaign published Monday detailing a proposal to make the Fed a fully public institution.
“Having a diverse set of policy makers — including African-Americans and Hispanics — will influence the Fed’s decision-making,” he said. “And it should. The public should have confidence that the public is well represented at the F.O.M.C. table.”
Mr. Barkan started the “Fed Up” campaign after joining the Center for Popular Democracy in 2012, a few years after graduating from Yale Law School. He had read a 2011 article by the journalist Matthew Yglesias, titled “Fed Up.” Unions and other advocacy groups were focused on minimum-wage laws. Mr. Barkan was compelled by the argument that they also should be focused on interest rates.
“Even if they move once less over the course of several years, that’s still massive,” he said earlier this year. “The number of people who have jobs because of that, or higher wages, that dwarves a $15-an-hour wage increase in a smaller city.”
The campaign has gained traction in part because the Fed is eager to show that it is listening. During the first protest two years ago, Mr. Barkan approached Ms. Yellen, who listened politely and invited him to bring a group of workers to Washington, where she met with them in November 2014.
Lael Brainard, a Fed governor who plans to attend the Thursday meeting, made a point last year of visiting the parallel conference Mr. Barkan staged on the sidelines of the Fed event. And Mr. Barkan’s group has now succeeded in persuading each of the regional reserve presidents to meet with groups of local workers.
Neel Kashkari, the new president of the Federal Reserve Bank of Minneapolis, met with Fed Up’s local affiliate, Neighborhoods Organizing for Change, this month, telling the group that he shared their concern about the persistence of higher rates of unemployment among blacks and other minority groups.
Mr. Kashkari also accepted an invitation to spend a day with one of the group’s members, Rosheeda Credit, a Minneapolis resident who described the struggles she and her boyfriend faced to cover the cost of rent and child care for their five children.
“Walking a day in somebody else’s shoes is actually — it makes the anecdotes that much more real,” Mr. Kashkari, who arrived at the bank in January, told reporters after the meeting. “It influences how I think about the problems we face.”
By BINYAMIN APPELBAUM
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IDNYC: Fuente de Dignidad para Miles
El Diario - January 30, 2015, by Ana Maria Archila - Se puede palpar la emoción este mes en las comunidades inmigrantes...
El Diario - January 30, 2015, by Ana Maria Archila - Se puede palpar la emoción este mes en las comunidades inmigrantes pues los neoyorquinos, incluidos miles de inmigrantes indocumentados deseosos de más acceso e igualdad, acudieron en masa a inscribirse para IDNYC. El éxito del programa es claro, ya que más de 12,000 residentes ya se han inscrito y más de 100,000 otros tienen cita para hacerlo.
Los beneficios de tener tal identificación son básicos, pero la tarjeta de identificación gubernamental es absolutamente necesaria para quienes de lo contrario enfrentarían muchos desafíos en el diario vivir.
Guadalupe Paleta, madre indocumentada y residente de Queens, hizo cita la semana pasada. Con identificación, podrá visitar la escuela de sus hijos sin necesidad de preocuparse. No le molesta tener que esperar unas cuantas semanas para solicitarla. "Esta identificación indica que estamos acá, que nos ven", dijo.
Para las familias inmigrantes como la de Guadalupe, el programa de identificación ofrece mucho más que una tarjeta con foto. Nos dice que, independientemente de nuestra situación, si hemos echado raíces aquí, pertenecemos aquí.
El entusiasmo por IDNYC es enorme. Ante la oportunidad de tener una tarjeta que simboliza su estatus como neoyorquinos, los inmigrantes acudieron en masa. Nuestras familias atestaron oficinas e hicieron largas filas. Fue prueba de la labor hecha por la oficina del alcalde, como también la comunidad –organizaciones de servicio y de activismo, medios de prensa y otros– para informar a los neoyorquinos sobre el programa.
Pero no todos nuestros vecinos tuvieron la sensatez necesaria para darse cuenta del valor histórico y cívico de lo sucedido. Opositores al programa no pudieron resistir la tentación de armar escándalo.
Hicieron que otros en el entorno de comentarios noticiosos cayeran en la trampa de perder la perspectiva y fueran tendenciosos en su opinión sobre el programa.
La indignación y las protestas sobre las fallas del programa provinieron de quienes nunca apoyaron IDNYC, y a muchos nos parecieron poco sinceras. Simplemente no se percataron de la verdadera noticia que se producía ante sus ojos: la ciudad de NY sirve de inspiración al incluir cada vez más a todo tipo de personas.
Sin embargo, este programa es demasiado importante para demasiados neoyorquinos como para convertirse en una serie de golpes editoriales bajos al alcalde.
A todos nos deben alentar y conmover las imágenes de familias inmigrantes que se inscriben para IDNYC. Confirman la importancia de una política municipal dinámica que facilita la inclusión de los inmigrantes.
Para ver el articulo original, haga un clic aqui.
Spa mayor seeks to ban gun, ammo sales at City Center
Spa mayor seeks to ban gun, ammo sales at City Center
The city is considering a ban on the sale of guns and ammunition at the City Center, Mayor Meg Kelly announced Saturday...
The city is considering a ban on the sale of guns and ammunition at the City Center, Mayor Meg Kelly announced Saturday in a welcoming speech to Local Progress New York.
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New Toolkit Puts Municipal ID Within Reach of Legislators Across Country
New Toolkit Puts Municipal ID Within Reach of Legislators Across Country
Today, Center for Popular Democracy is releasing a new guide to setting up municipal...
Today, Center for Popular Democracy is releasing a new guide to setting up municipal ID Building Identity: A Toolkit for Designing and Implementing a Successful Municipal ID Program, to take the fight for immigrant dignity to cities across the country.
Municipal IDs allow all residents, regardless of immigration status, gender identity, or other characteristics, to open a bank account or cash a check, see a doctor at a hospital, register their child for school, apply for public benefits, file a complaint with the police department, borrow a book from a library, vote in an election, or even collect a package from the post office. Municipal ID removes all of these barriers with a single stroke.
To mark the release of the toolkit, immigrant New Yorkers who have benefited from the municipal ID program will gather on the front steps of City Hall, NYC, at 11am to call for other cities across the country to adopt similar programs.
In addition to New York City, grassroots organization have successfully passed municipal ID programs in major cities like Newark and Hartford, improving the lives of immigrant communities and underserved populations. Center for Popular Democracy’s new toolkit will help like-minded leaders in other parts of the country create similar programs.
Ana Maria Archila, co-executive director of Center for Popular Democracy, stated: “In each city we pass municipal ID, the immediate outpouring of immigrant families eager to cement their status as members of communities is heartening. Immigrants’ history and contributions make them central parts of our communities across the country. This toolkit symbolizes the effort, partnerships, and strong bonds that will take the fight for immigrant justice to the next level in cities across the country.”
Ruth Pacheco, Make the Road New York member and Queens resident, who has two school-age children, said: “My municipal ID has opened many important doors for me, whether at my children’s school, the bank, or the library. Before, when I had to meet with my children’s teachers, they wouldn’t let me in without ID. Now the IDNYC solves that problem. Before, to open a bank account or present myself at the bank, I had to bring my passport, which was risky. Now the IDNYC solves that problem.”
“The municipal identification program—now IDNYC—is a hallmark of our City and a testament to how robustly we want to engage with New Yorkers of all experiences. This program, as we anticipated, has been particularly helpful to those who have a historic disconnect with governments of all levels. For those people, this municipal identification ogram has changed the game. The level at which people are engaging with government, and with one another in their communities is something that should be modeled and I am heartened that now, with this announcement from the Center for Popular Democracy, other cities will be able to do just that,” said Council Member Carlos Menchaca.
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www.populardemocracy.org
The Center for Popular Democracy promotes equity, opportunity, and a dynamic democracy in partnership with innovative base-building organizations, organizing networks and alliances, and progressive unions across the country. CPD builds the strength and capacity of democratic organizations to envision and advance a pro-worker, pro-immigrant, racial justice agenda.
EXCLUSIVE: City Offices Fail to Meet Law Requiring Them to Help New Yorkers Register to Vote
New York Daily News - October 21, 2014, by Erin Durkin - City agencies are failing to do their part to make voter...
New York Daily News - October 21, 2014, by Erin Durkin - City agencies are failing to do their part to make voter registration easier — even though they’re required to by law.
Legislation passed in 2000 mandates that 18 agencies give voter registration forms to visitors. But the Center for Popular Democracy found that 84% of those visitors were never offered a chance to register, according to a report to be released Tuesday.
In fact, 60% of the agencies didn’t even have forms in the office. And 95% of the clients were never asked if they wanted to register to vote.
“This is an urgent problem which is leading to the disenfranchisement of many thousands of low-income New Yorkers,” said Andrew Friedman, the group’s co-executive director.
The group found that 30% of people who visited the city offices weren’t registered to vote, higher than the national average.
Mayor de Blasio’s spokesman Phil Walzak said Hizzoner has ordered agencies to step up their compliance with the law.
Advocates say having city agencies help out with voter registration is especially important because most people nationwide sign up to vote at motor vehicle departments, but many city residents don’t drive.
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Dumpster Tapes showcases local Latinx talent at the second annual Demolición
Dumpster Tapes showcases local Latinx talent at the second annual Demolición
One of America's largest banks, JPMorgan Chase, is quietly financing the immigration detention centers that have...
One of America's largest banks, JPMorgan Chase, is quietly financing the immigration detention centers that have detained an average of 26,240 people per day through July 2017, according to a new report by the Center for Popular Democracy and Make the Road New York. Through over $100 million loans, lines of credit and bonds, Wall Street has been financially propping up CoreCivic and GeoCorp, America's two largest private immigration detention centers.
Read the full article here.
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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Dem lawmakers hear demands for ‘reparations’; but let’s call it THIS so nobody gets ‘uncomfortable’
Leaders of the Black Lives Matter group received widespread applause from a crowd of Democratic state legislators,...
Leaders of the Black Lives Matter group received widespread applause from a crowd of Democratic state legislators, Friday, for suggesting the government award the black community reparations for “systematic discrimination in law enforcement.”
“Thinking about decriminalization with reparations—the idea is we that have extracted literally millions of dollars from communities, we have destroyed families,” said Marbre Shahly-Butts, deputy director of racial justice at the Center for Popular Democracy, during her address at the State Innovation Exchange in Washington, D.C. “Mass incarceration has led to the destruction of communities across the country. We can track which communities, like we have that data.”
“And so if we’re going to be decriminalizing things like marijuana, all of the profit from that should go back to the folks we’ve extracted it from,” she continued.
The focus of state legislators should be “state budgets and then reparations,” Shahly-Butts said.
“‘Reparations’ makes people kind of uncomfortable, so we can call it ‘reinvestment’ if you want to. Use whatever language makes you happy inside,” she said.
Fellow panelist Dante Barry, executive director of the Million Hoodies Movement for Justice, also recommended some type of “reinvestment” to help black youth and said New York City would be better off investing $100 million in the black community rather than hiring more police.
“In terms of response around black youth unemployment, it gets back to this whole piece around reinvestment,” Barry said. “What would you do with $100 million? How would we better use that money to provide jobs for unemployed youth, to provide housing, to have mental health access. … It’s really about how do we rethink some of our budgetary needs and how we’re putting power behind the way that we can really incorporate reinvestment in communities.”
If there were one policy he would want state legislators to prioritize, Barry said it would be a ban on all guns on campus.
Source: Biz Pac Review
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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