The #Resistance Trump ignited will shape politics for a generation
The #Resistance Trump ignited will shape politics for a generation
Jennifer Mosbacher cried in a doctor’s office the morning after Donald Trump’s election, unable to control herself...
Jennifer Mosbacher cried in a doctor’s office the morning after Donald Trump’s election, unable to control herself during a routine physical. The 43-year-old Atlanta suburbanite had avoided politics her entire life but was overcome with shock by an outcome she never saw coming.
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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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‘We are not ready’: Arizona voters warn Election Day could be worse than primary fiasco
‘We are not ready’: Arizona voters warn Election Day could be worse than primary fiasco
PHOENIX, ARIZONA — On Arizona’s primary day this April, voters in Maricopa County waited five hours in the hot sun to...
PHOENIX, ARIZONA — On Arizona’s primary day this April, voters in Maricopa County waited five hours in the hot sun to cast a ballot, because the county slashed the number of polling places from 200 to 60. Some people gave up and left without voting; some fainted in the desert heat. Polling places ran out of ballots.
After the dust settled, angry voters, candidates, and political parties filed a slew of lawsuits against the state, leading to court settlements and a promise that no voter will have to wait longer than half an hour this fall.
“The primary fiasco was a huge wakeup call,” said Samantha Pstross with the Arizona Advocacy Network.
But elected officials and voting rights advocates fear the situation could be just as bad or worse on Tuesday.
“We are not ready for what I presume will be one of the largest turnouts in Arizona history,” Maricopa County supervisor Steve Gallardo told ThinkProgress. “Everyone is banking on a large number of vote-by-mail ballots. But this is not an ordinary election. We have a record number of new Latino voters. We see lots of excitement out there. We need to be prepared to handle this, but we’re already seeing problems.”
“We are not ready for what I presume will be one of the largest turnouts in Arizona history.”
Gallardo cited troubles that have already plagued the county during early voting, when turnout is usually much lighter than on Election Day itself.
On Friday, the final day of in-person early voting, voters in Tempe waited more than three hours to cast a ballot. Among them was Bob Davis, who arrived around 1:15 p.m. with his four-year-old daughter. Though he was told it would be a two-hour wait, he didn’t cast a ballot until nearly 5 p.m.
“I watched like 20 people leave the line who couldn’t wait,” he told ThinkProgress. “I knew the chance of them coming back and trying again was negligible. I felt really upset.”
Davis noted that there is a ballot measure before Arizona voters this year that would raise the minimum wage from just over 8 dollars an hour to 12 by the year 2020. He said he worries those the measure would impact most will not be able to have a say in its passage.
“If you make only 8.05 an hour, your ability to stand in line for four hours is minimal,” he said. “This is actual voter suppression.”
In Glendale, another Phoenix suburb, an understaffed site with insufficient equipment forced voters to wait more than two hours earlier this week.
“It’s discouraging,” Gallardo said. “No one should have to stand in long lines. It becomes a voting barrier. Some folks don’t have the opportunity to wait. Some are elderly and physically can’t stand that long, others only have a short lunch break from work when they can vote. So if you let long lines occur, you are disenfranchising voters.”
Maricopa County had 724 polling places for the 2012 general election. This year, they will have the exact same number, despite adding more than 90,000 more voters to the rolls. Many of those precincts’ polling places are located in the same building, meaning there will be only 640 separate locations.
“What is scary is what could happen on Election Day,” said Pstross. “If there are long lines, people will be disenfranchised left and right.”
Ever-changing laws fuel voter confusion
Arizona smashed its Latino voter registration record in the final weeks of the 2016 election, adding 150,000 new voters to the rolls. The state also led the nation in Latino early voting. Latino residents cast an unprecedented 13 percent of the votes, up from just 8 percent in 2008. Organizers credit Donald Trump for some of this participation spike, noting that his disparagement of immigrants and promises of mass deportations have mobilized Latinos who previously avoided electoral politics.
But as community advocacy groups like Bazta Arpaio, the Arizona Advocacy Network, LUCHA, and others hit the streets of Phoenix in the campaign’s final days, some fear an avalanche of last-minute court cases and legal changes could confuse and disenfranchise the voters they have worked so hard to engage.
This year alone, Arizona mailed out incorrect information about where to vote and mistranslated one of the ballot propositions on thousands of Spanish-language ballots. The state also allowed the final day of voter registration to fall on a federal holiday, leaving thousands of voters unable to register in time.
Then, on Friday night, a federal appeals court temporarily enjoined Arizona’s new law that made it a felony for anyone other than a relative or caretaker to pick up and mail in a voter’s absentee ballot. On Saturday morning, the U.S. Supreme Court reversed the decision and gave Arizona its blessing to enforce the ballot collection ban.
The back-and-forth left organizers scrambling.
Ben Laughlin, an organizer with the “Bazta Arpaio” campaign to unseat the controversial county sheriff Joe Arpaio, got the news of the ruling just before dispatching a small army of canvassers to knock on doors across the city.
“It causes a lot of confusion,” Laughlin told ThinkProgress. “For months we haven’t been collecting ballots because of the ban. Yesterday, we started collecting ballots. Now we’re not. It was a sweet 24 hour window.”
Bazta Arpaio blasted out this message on Friday night: “This weekend, when a volunteer comes to your door, you can have them turn in your ballot with confidence.” Less than a day later, the group had to abandon those plans.
A mother and her two sons hit the streets of West Phoenix with the Bazta Arpaio campaign. CREDIT: Alice Ollstein
Across the city, Asya Pikovsky with the Center for Popular Democracy scrambled to inform dozens of volunteers about the legal development.
“We got on the phone the second the decision came out and told every single person,” she told ThinkProgress on Saturday. “Our canvassers are following the decision to the letter.”
But other advocates expressed fears that some people could accidentally violate the newly-restored law if they did not get the news in time.
“No one should be considered a felon for helping someone else vote — especially someone who would have no other way to get to the polls,” Pstross said.
She fears even those following the law could face unlawful harassment from poll watchers, who have been instructed to follow and photograph those turning in multiple ballots.
“We’re worried that, say, someone who works at a retirement home could show up with 50 to 100 ballots,” she said. “They’re a legitimate caretaker, but even if they’re totally within the law, a crazy person could challenge and intimidate them.”
Sheriffs and vigilantes
Concerns about intimidation by poll-watchers were elevated Saturday, when a federal court declined to put a halt to plans by Trump’s campaign, the Arizona GOP, and a group run by Trump ally Roger Stone to patrol minority-heavy precincts, film those who they suspect of voter fraud, and question people exiting the polls about which candidate they supported.
“It is Plaintiff’s burden to illustrate that these activities are likely to intimidate, threaten, or coerce voters,” the court ruled. “The evidence…has failed to do so.”
But officials and voting rights advocates in Arizona are not just worried about intimidation from such volunteers — They are also sounding the alarm about the potential presence of the county sheriffs at the polls on Election Day.
The Maricopa County Recorder’s office, which administers the election, plans to call in sheriffs if there are any disputes at the polls, even though the head of the department is currently on trial for criminal contempt and racial profiling. Sheriffs have already been summoned to early voting sites, including one incident this week in which voters were upset about turned away at 4:30 p.m. because the polls were supposed to be open until 5 p.m.
“This should be an exciting time for voters — not a time of anxiety or fear.”
Voting rights advocates and elected officials said that having the same sheriffs who conducted immigration raids patrol the polls will intimidate Latino voters. Some groups have called on the Justice Department to send monitors to oversee the sheriffs’ activities, while others are demanding the County Recorder use a different law enforcement agency on Election Day.
“We have a sheriff that has divided and polarized this county and created distrust between the community and the sheriff’s office,” Gallardo said. “It’s time to distance ourselves from the sheriffs’ office and use other agencies like Phoenix Police that actually have credibility with the public. The sheriffs should not be involved in this election.”
“This should be an exciting time for voters — not a time of anxiety or fear,” added Alex Gomez, Executive Director of the Arizona Center for Empowerment. “On Election Day, the story should be about Arizonans proudly casting their ballots — not voters scared off from the polls.”
By Alice Miranda Ollstein
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Gary Cohn publicly criticizes Trump's Charlottesville response and reportedly came close to resigning over it
Gary Cohn publicly criticizes Trump's Charlottesville response and reportedly came close to resigning over it
Top White House economic advisor Gary Cohn publicly criticized President Trump’s response to the violence in...
Top White House economic advisor Gary Cohn publicly criticized President Trump’s response to the violence in Charlottesville, Va., and reportedly came close to resigning over it.
In his first public comments on the matter, Cohn told the Financial Times in an interview published Friday that the Trump administration “can and must do better in consistently and unequivocally condemning” white supremacists, neo-Nazis and the Ku Klux Klan.
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Groups launch 'people's filibuster' against GOP health bill
More than a dozen groups opposing the Senate GOP's healthcare bill will hold a "people's filibuster" for two days on...
More than a dozen groups opposing the Senate GOP's healthcare bill will hold a "people's filibuster" for two days on the lawn of the Capitol.
Activists and Democratic lawmakers will speak out against the ObamaCare repeal bill Monday and Tuesday and possibly later in the week.
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Facebook Founder Gives $20mm Donation On Hillary To Defeat Trump's "Fear And Hostility" Campaign
Facebook Founder Gives $20mm Donation On Hillary To Defeat Trump's "Fear And Hostility" Campaign
A few weeks back we noted how Bullard had questioned the intentions of ex-Facebook founder Dustin Moskovitz in funding...
A few weeks back we noted how Bullard had questioned the intentions of ex-Facebook founder Dustin Moskovitz in funding the Center for Popular Democracy's Fed Up campaign (see "Why Is Facebook Funding "Anti-Fed" Activists"). The "Fed Up" group has mounted an aggressive effort to convince the Fed to keep rates ultra low noting they favor central banking policies that "are aimed at making sure lower income households and minorities share in the recovery to the same degree as the well off."
Ironically, Moskovitz, and his inflated FaceBook shares, are among the key beneficiaries of "ultra low rates" and not so much the poor and struggling people of this country. A fact that was not lost on St. Louis Fed president James Bullard. Per our previous post:
When it comes to Fed Up, "it's Facebook money," Bullard said. "I think it's kind of a funny thing for them to fund because they want low interest rates in an era where we are awash in low interest rates, so it's kind of crazy, isn't it?"
"I think that Dustin Moskovitz should be here, maybe he can helicopter in from Sun Valley or something instead of sending all these people, if he wants low interest rates. He could just come and argue about it," Mr. Bullard said.
Just a few short weeks later we now learn that the billionaire techie, and former college roommate of Mark Zuckerberg, is set to become one of the largest donors to the Democratic Party. According to CNN, Moskovitz will donate a total of $20 million to various Democratic organizations making him the 3rd most generous donor of this election cycle. But Moskovitz, at least if taken at his word, isn't really donating to elect Hillary as much as to defeat Trump saying that he wants to teach Republicans a lesson that by "supporting this kind of candidate, they compel people to act in response."
"This decision was not easy, particularly because we have reservations about anyone using large amounts of money to influence elections," Moskovitz and his wife, Cari Tuna, wrote in a post on Medium. "We hope these efforts make it a little more likely that Secretary Clinton is able to pursue the agenda she's outlined, and serve as a signal to the Republican Party that by running this kind of campaign - one built on fear and hostility?—?and supporting this kind of candidate, they compel people to act in response."
"Cari and I have dedicated our lives to figuring out how to do the most good we can with the resources we've been given. Until now, those efforts have not included making endorsements or contributions in presidential elections," Moskovitz wrote. "The Republican Party, and Donald Trump in particular, is running on a zero-sum vision, stressing a false contest between their constituency and the rest of the world."
But perhaps Moskovitz is less concerned about Trump spreading "fear and hostility" and more concerned about his recent comments suggesting that the only thing the Fed has created with "ultra low rates" is a "strong artificial stock market." Per CNN,
"They're keeping rates down because they don't want everything else to go down," the Republican presidential nominee told Reuters on Monday.
Trump said the "only thing that is strong is the artificial stock market."
"We have a very false economy," Trump told Reuters. "At some point the rates are going to have to change."
Sounds like someone is a little worried about bubbly tech markets?
By Tyler Durden
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Activists Descend on Fed’s Jackson Hole Meeting, Amid Anxiety About Rate Rises
Liberal and conservative groups of central-bank critics plan to hold events to coincide with the Fed symposium, which...
Liberal and conservative groups of central-bank critics plan to hold events to coincide with the Fed symposium, which runs Thursday through Saturday.
The left-leaning group, called Fed Up, will be gathering in the same Jackson Lake Lodge as the Fed attendees, arguing the central bank shouldn’t raise short-term interest rates anytime soon. The right-leaning group, the American Principles Project, is holding a separate gathering nearby to discuss the effect of Fed policies on the dollar and to urge the current crop of presidential candidates to pay more attention to Fed policy issues.
Fed officials also are getting plenty of advice from other experts on the sidelines. Harvard University’s Lawrence Summers, a former Treasury secretary and one-time candidate for Fed chairman, warned in an opinion article this week that raising rates soon would be a “dangerous mistake.” Martin Feldstein, another Harvard professor, used an opinion article to blame the stock market’s current woes on past Fed policy mistakes and urge the Fed not to delay rate increases beyond September.
The Kansas City Fed conference takes place amid considerable turmoil in global financial markets. Stocks, bonds and currencies have gyrated in recent days as investors try to make sense of China’s economic slowdown and what that could mean for the U.S., the global economy and markets. The anxiety has occluded the outlook for Fed policy: Whereas market participants were recently looking to a possible mid-September Fed rate increase, it now appears the odds have diminished.
The liberal Center for Popular Democracy’s Fed Up coalition says it is planning to bring 50 or more activists to the Jackson Lake Lodge for meetings on Fed policy, economic inequality and racial disparities. The group also went to Jackson Hole last year.
Fed Up plans to hold a news conference Thursday and panel discussions with names such as, “Do Black Lives Matter to the Fed?” and “Who’s Afraid of High Wages? A History of the Inflation Bogeyman.” The group says its events are open to all and it hopes attendees at the Kansas City Fed event stop by.
Fed Up has seen successes in gaining one-on-one meetings with regional Fed bank leaders—they recently sat down with the chiefs of the Atlanta and New York Fed banks. It will bring folks to Jackson Hole who are affected by central-bank policies, but whose voices are rarely heard in the debate.
Atlanta resident Dawn O’Neill, a 48-year-old married grandmother, plans to go to Jackson Hole with the Fed Up group. Her unemployed husband struggles to find day work in the construction industry, and she works as teacher’s assistant in a day-care facility for $8.50 an hour.
“When the Fed says the economy is in recovery, and they want to raise the interest rates, I look around and I don’t see recovery,” Ms. O’Neal said. “I see lines of black men that want work, but there is no work.”
The group says that if the Fed keeps its benchmark short-term rate near zero for longer, it will generate more economic growth that creates more jobs among low-wage earners as well as higher-paid workers. The group also believes that better job growth will help benefit minorities and make discrimination harder.
“We have leaders of the Fed who don’t think slow wages and underemployment are problems,” said Ady Barkan, who leads Fed Up’s activities. “When you have leadership like that, you get policies that don’t advance the needs of working families,” he told reporters in a conference call on Monday.
Fed chiefs for years have acknowledged the painfully slow recovery of the labor market and rising income inequality. Fed Chairwoman Janet Yellen gave a speech on inequality last October that garnered her criticism from congressional Republicans who believe such matters are beyond the Fed’s official mission.
Fed officials say their easy-money policies aimed at stimulating the economy are intended to benefit all Americans, not just the wealthy. Last year, former Fed Chairman Ben Bernanke pointed to the recovery of the housing and labor markets as evidence the Fed’s efforts were helping the middle and lower classes.
Even now, Fed officials generally say raising their benchmark short-term rate target by a quarter-percentage point from near zero won’t offer much restraint to growth. The see a small move as reducing the amount of economic stimulus they are providing, akin to lightening the pressure on the accelerator rather than tapping the brake.
They believe that while inflation remains too low, the unemployment rate has fallen enough to start the process of getting short-term interest rates back to more historically normal levels. Some worry that if the Fed sticks with ultralow rates much longer, it could create financial-market bubbles that could wound the broader economy.
The Fed also will be challenged by the American Principles Project, which is holding its event near the central-bank conference and will count participants from the Heritage Foundation and the Cato Institute, both Washington think tanks. In a news release, Steven Lonegan, the group’s monetary-policy director, said, “We will challenge prevailing wisdom and show how the Federal Reserve’s policies have negatively impacted wage growth and contributed to the rising cost of living.”
Wage growth has been tepid in recent years, despite Fed officials’ hopes their easy-money policies would spur stronger gains. Inflation has fallen well short of the Fed’s 2% target for years.
The Kansas City Fed declined to comment on the activity of outside groups around its conference.
Source: iBloomberg
New York City Schools' Discriminatory and Damaging School-to-Prison Pipeline
New York City Schools' Discriminatory and Damaging School-to-Prison Pipeline
New York City schools feed young black and Latino youth into a school-to-prison pipeline by leveling criminal...
New York City schools feed young black and Latino youth into a school-to-prison pipeline by leveling criminal punishments on students for small infractions and normal youthful behavior.
Read the full article here.
Hurricane Maria vigil on track in Hartford
Hurricane Maria vigil on track in Hartford
Despite confusion over permits, police and city officials say they’re working with two local community groups to help...
Despite confusion over permits, police and city officials say they’re working with two local community groups to help them hold a march and vigil Thursday to commemorate the one-year anniversary of Hurricane Maria.
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The next labor fight is over when you work, not how much you make
Washington Post - 05-08-2015 - If there’s one labor issue that’s come to the forefront of political agendas over the...
Washington Post - 05-08-2015 - If there’s one labor issue that’s come to the forefront of political agendas over the past few years, it’s the minimum wage: Cities and states around the country are taking action to boost worker pay, as federal efforts seem doomed to fail.
But a new wave of reform is already in the works. Instead of how much you earn, it addresses when you work -- pushing back against the longstanding corporate trend toward timing shifts exactly when labor is needed, sometimes in tiny increments, or at the very last minute. That practice, nicknamed “just-in-time” scheduling, can wreak havoc on the lives of workers who can’t plan around work obligations that might pop up at any time.
Right now, community groups and unions in Washington D.C. are formulating a bill that will address the problem of schedules that can be both shifting and inflexible. The legislation hasn’t been hammered out yet, but the labor-backed group Jobs with Justice says it will likely include a requirement that employers provide workers with notice of their schedules a few weeks ahead of time, and that additional hours go to existing employees, rather than spreading them across a large workforce.
“The one thing we’re finding overwhelmingly is that people aren’t getting enough hours to make ends meet,” says Ari Schwartz, a campaign organizer at D.C. Jobs with Justice, which is now tabulating the results of a survey of hundreds of hourly workers in the city on scheduling issues. “People aren’t getting their schedules with enough time to plan childcare and the rest of the things in their lives.”
When a proposal reaches the D.C. Council in the coming months, Washington won’t be the first: Following the passage of landmark legislation in San Francisco, bills have been offered in Indiana, Maryland, Massachusetts, Minnesota, Illinois, Connecticut, California, New York, Michigan and Oregon. Along with new proposals to expand paid sick day legislation, they are a bid to give employees more control over how they spend their time.
“These scheduling reforms are getting really popular, because it makes no sense that for example you’re required to be available to work by your employer and you’re not picked for that time,” says Tsedeye Gebreselassie, a senior staff attorney at the National Employment Law Project. “People who don’t suffer these abuses already understand what it’s like to juggle work and family, so people really identify with that as being a problem.”
Carrots and sticks
Twenty years ago, schedules weren’t as much of a problem. Working in retail, especially, tended to be a solid 9 to 5 job.
But then retail hours grew longer. And then came computerized scheduling, which allowed employers to best fit staffing to demand. Here’s what that looks like in practice: Handing out schedules based on what times of day or the month you expect the most business, splitting up hours across a large workforce that’s available on a moment’s notice and sometimes sending people home if traffic is slow.
That helps companies optimize their labor costs, but it wreaks havoc on the lives of low-wage workers, who don’t know how much they’re going to make from week to week, and often can’t schedule anything else around work.
One worker, who spoke on the condition of anonymity because she is still employed there, has worked in the hot food prep section of the Whole Foods at 14th and P streets in Washington for 12 years. She liked it; the pay wasn’t bad, and the people were friendly. She worked consistently from 6 a.m. to 2 p.m., and took a second job as a nanny in the afternoons, which added around $300 a week to her income — more money to send home to her father in El Salvador, and to support her daughter in college in Tennessee.
But then, a new manager cut back hours; some people left and weren’t replaced. The schedule posted on the wall started to shift the worker’s days off, or tell her to come in from 10 a.m. to 4 p.m. instead. Usually she got a week’s notice, but once in a while she’d come to work and the schedule had already changed, so she’d have to go back home. After that happened on too many days, she had to drop the afternoon job. So once again, she was just squeaking by.
“She would come and say ‘I really need you to cover this shift,’ and it is what it is,” the worker says in Spanish, through a translator. “Lots of us have lost lots of jobs.”
It’s been better over the past few months, she says. And that’s not by accident: As public complaints surfaced about Whole Foods’ scheduling practices, the company rolled out a new system that allows employees to see their schedules for two weeks in advance and prevents managers from changing them at the last minute or scheduling “clopenings”-- both closing the store and opening it in the morning -- without an employee’s consent. The policy has been in place nationwide since early April, spokesman Michael Silverman says.
Whole Foods isn’t alone. Walmart has also introduced a system of “open shifts,” which allows workers to pick their own hours. Starbucks curbed some of its practices in the wake of a New York Times article last year that described their effect on one barista. The Gap is working with the Center for WorkLife Law at Hastings College of Law in San Francisco to set up pilot projects around the country that would measure the impact of giving employees stable schedules and more hours. Many companies haven’t taken into account how much their scheduling practices are actually costing them in the form of employee turnover, professor Joan Williams says.
“If you don’t count that cost, it disappears. The idea is to generate the kind of rigorous data that will be needed to persuade people to change their financial models."
— Professor Joan Williams, Hastings College of Law
“If you don’t count that cost, it disappears. The idea is to generate the kind of rigorous data that will be needed to persuade people to change their financial models," says Williams. "Our hypothesis is that if you provide people with more stable schedules, you’ll see lower turnover [and] absenteeism and higher worker engagement.”
In time, the business case may grow clear enough that more companies move toward stable schedules on their own. But Williams says legislative efforts are needed as well: A recent national survey found that 41 percent of early-career, hourly workers get their schedules less than a week in advance. In a survey of retail and restaurant workers in Washington, Jobs with Justice found that employers like Forever21 and Chipotle are among the worst offenders. (Forever21 did not respond to a request for comment. Chipotle says it publishes schedules four days in advance, with shifts lasting seven hours on average.)
And now, there’s legislation to benchmark against. Last year, San Francisco became the first jurisdiction to pass comprehensive scheduling reform, with a set of companion bills that require “formula retailers” (i.e., large chains) to give workers two weeks notice of their schedules, pay workers for the shifts when they’re on call and give hours to current employees instead of hiring more, among other provisions. The law went into effect in January, but won’t be enforced until July.
Meanwhile, scheduling legislation is in the works around the country. National groups like the Center for Popular Democracy and the National Womens Law Center are helping to build coalitions where scheduling reforms could prove politically palatable, in places like New York — where the union-backed Retail Action Project has been advocating for “just hours” for years — and Minnesota, where the AFL-CIO-affiliated Working America has been building support among non-union members for measures that would benefit all workers.
Scheduling legislation even exists on the federal level. A federal bill introduced in Congress last summer would require employers to make schedule accommodations for health or childcare needs, unless there is a “bona fide business reason” for denying it. Yet another bill, proposed last month, would prevent employers from firing workers for requesting a schedule change.
But it hasn’t been smooth sailing for the scheduling reform movement. A Maryland bill failed this year, in the face of employer opposition. And though there isn’t even a bill yet in Washington, businesses are voicing skepticism.
“Any time you alter how employers hire, schedule or retain their workforce, if that flexibility makes DC less attractive to businesses, than I’m concerned about that."
— Harry Wingo, president of the D.C. Chamber of Commerce
“Any time you alter how employers hire, schedule or retain their workforce, if that flexibility makes DC less attractive to businesses, than I’m concerned about that,” said Harry Wingo, president of the D.C. Chamber of Commerce. “The D.C. chamber is concerned about any restrictions on free enterprise.”
It’s perhaps more concerning to employers than even raising the minimum wage: That’s just extra cost. Scheduling, by contrast, impacts the very core of how they’ve learned to do business.
Making it real
Laws, of course, are only as good as their enforcers. And scheduling laws, with their far-reaching impact, could be particularly difficult to follow up on.
Just ask unions, which already have many of the proposed scheduling rules in their contracts. Making sure employers stick to them is a big job, even though union dues pay for far more inspectors — in the form of business agents and shop stewards — than city and state governments ever will.
“The union has this exact set of provisions in its contracts, and they are extremely important for making sure that if you have the seniority you can get the fullest work week possible,” says John Boardman, president of UNITE-HERE Local 25, which represents 6,500 mostly hotel workers in the D.C. area. “But it also takes a very, very strong enforcement mechanism in order to make these provisions of the contract viable and living.”
Jobs with Justice already knows this. A few years ago, D.C. passed laws requiring employers to pay for a minimum of 4 hours in a shift, even if a worker was sent home early, and to pay an extra hour’s worth of wages for every “split shift” (with a long break in the middle) that an employee works. In its survey, Jobs with Justice found that workers were sent home early and asked to work split shifts just as much as they were in 2010, when another survey was done, suggesting the laws hadn’t had much effect.
That’s why they’re hoping the city will put more resources into enforcement, in the form of inspectors and people to process claims. But it’s also going to have to involve a massive education campaign to make workers aware they even have these new rights.
"It is easier to enforce these things when you have a union contract and a grievance procedure, and a shop steward and union infrastructure to back that up,” says Schwartz. “But we can’t keep relying on that as our only model. Because there’s so many workers in the growing retail and restaurant sectors that need those protections, too.”
Source: The Washington Post
1 month ago
1 month ago