Commentary: Emeryville action could change working world
Commentary: Emeryville action could change working world
Like many people, when the alarm goes off, I hit snooze a few times and wish for more sleep. But what gets me out of...
Like many people, when the alarm goes off, I hit snooze a few times and wish for more sleep. But what gets me out of bed is that precious hour I have with my young son. We eat breakfast together, we race to see who can get dressed first, and then I walk him to school.
I’m lucky– as a salaried employee at an organization that values flexibility and family, I can arrange my schedule around my son if need be. But for people working low-wage hourly jobs, that kind of control over their scheduling is virtually unheard of.
Today, corporations that pay low wages rarely provide their employees with full-time work or reliable hours. Take Manuel, who works at one of Emeryville’s many retail chains. He had his hours cut from 20 a week down to four, and then nothing for two weeks — throwing his family into massive debt.
Emeryville may be the first city in the East Bay to change that, where the City Council is voting on a Fair Workweek policy on Oct. 18. This is part of a simple set of standards needed to ensure that working people can afford to stay in the East Bay region.
What is a Fair Workweek? It means employers must provide reliable, predictable hours so their employees can budget. Workers get schedules two weeks in advance so they can plan childcare, second jobs, family time, and even rest. And when more hours are available, current employees get priority so they can get closer to full-time work.
In Emeryville, the policy would only apply to large companies with more than 12 locations worldwide. These simple improvements would cost employers almost nothing if they follow the law and have a huge impact on the lives of thousands of Emeryville workers. Hundreds of thousands more working people would benefit if other East Bay cities follow suit.
Emeryville’s own Economic Development Advisory Committee – the city’s business advisory group – said even they agree that increasing stability of schedules, reducing employee turnover, and decreasing underemployment in Emeryville is important. And that’s what a Fair Workweek policy would do.
Many companies are already doing the right thing. This policy would reinforce that good behavior and target companies that are bad actors. However, global, multi-billion dollar corporations and their lobbyists are coming out against this low-cost policy, claiming it will kill the economic climate. But I wonder: how exactly would reliable schedules hurt companies like IKEA, The Gap or Home Depot?
Before the recession, big business painted doomsday scenarios saying that raising wages would force them to close shop. During the Great Recession, working people bore the brunt of tough times in the form of reduced pay, slashed benefits, and a cutback to part-time hours. And now that big business has not only recovered but is booming, companies are back to the mantra that improving standards for their workers will hurt them.
Common sense tells us that business — especially big business — is doing fine. Look at quarterly earning reports of Emeryville’s global retail chains. Sales tax revenue in Emeryville was up 2.4 percent in 2015 compared to the previous year according to the city’s Finance Department. Retail vacancies in the region are at a post-recession low of 6 percent. And of course, there are growing lines of cars and customers coming in and out of Emeryville’s shopping centers.
While business is thriving, working people have waited long enough for something so very basic: a single job that pays enough with enough hours to allow folks to meet their basic needs.
Raising the minimum wage helped struggling workers. Now we must finish the job by providing reliable, predictable hours. This economic boom shouldn’t just be a boon for shareholders. It should also lift the working people who are the backbone of our economy.
By Jennifer Lin
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Who were the women who confronted Sen. Jeff Flake about Kavanaugh vote in an elevator?
Who were the women who confronted Sen. Jeff Flake about Kavanaugh vote in an elevator?
Two women who said they were survivors of sexual assault angrily confronted Republican Sen. Jeff Flake of Arizona in an...
Two women who said they were survivors of sexual assault angrily confronted Republican Sen. Jeff Flake of Arizona in an elevator Friday morning over his decision to vote yes on Brett Kavanaugh’s nomination to the U.S. Supreme Court.
Read the article and watch the video here.
If Politicians Actually Want to Make Change, They Have to Think Like Organizers
If Politicians Actually Want to Make Change, They Have to Think Like Organizers
In 2011, after years of entrenched fighting between businesses and labor supporters, and months of negotiation in the...
In 2011, after years of entrenched fighting between businesses and labor supporters, and months of negotiation in the city council, Seattle’s paid sick-leave ordinance came down to a walk in the park. The bill’s sponsor, councilmember Nick Licata, invited his colleague Tim Burgess, the council’s stalwart fiscal conservative, for a stroll around Green Lake. At that point, few council members were willing to support the bill and Licata was nowhere close to the five-vote majority he needed.
“I figured, in some ways, the swing vote would be Burgess,” Licata explained. “Given his standing in the business community, if he supported it, then other council members would come out and support it. It would have a domino effect.”
Walking side-by-side around the park’s lakeside path, Licata learned that Burgess wanted only minor concessions. Licata brought those back to his coalition of sick-leave supporters, who agreed to most of them. The bill, which had been stuck for years in legislative limbo, began to move. Burgess voiced his support, other councilmembers followed, and Licata wrangled the votes necessary to pass one of the country’s first laws requiring all employers to provide paid sick time to workers.
Laws like this help make Seattle the progressive city it is. In the past five years alone, Seattle has become the first major city to enact a $15 minimum wage; banned the use of plastic bags; sanctioned homeless encampments on city property; helped lead the charge on statewide votes for legal marijuana and marriage equality, and more. To hear most residents tell it, this progressive streak is as inevitable as good coffee or the craggy face of Mount Ranier—the natural outcome of a city peopled by good liberals who want to do the right thing.
But, as the long fight to win paid sick leave suggests, Seattle’s progressive laws are anything but inevitable. The city’s businesses fight tooth and nail against every attempt to improve worker rights and pay, threatening an exodus to friendlier climates. And while Seattle residents say they want the city to be affordable and want to help the rapidly growing homeless population, they also show up in force to protest affordable-housing measures and proposals to open more temporary homeless encampments.
What has fueled Seattle’s progressive victories, then, isn’t some mystery potion or innate Northwestern goodness, but the same hard work that has forced progress in other cities: grassroots organizing, tenacity, and political allies like Nick Licata. For 18 years, Licata has been one of the most reliable forces inside City Hall pushing and prodding Seattle to be a more humane city.
Since his election in 1998, Licata has had his hands in every piece of progressive legislation to pass through City Hall. He fought years of serious opposition to pass the Rental Registration and Inspection Ordinance, championed paid sick leave and the $15 minimum wage, created Seattle’s first lobbyist-registration law, pushed for sanctioned homeless encampments, and much more. He also fought against public funding of sports stadiums, a bill to outlaw panhandling, and plenty of other attempts at city-sanctioned discrimination.
Throughout his time in office, Licata was doggedly consistent in both his political ideology and his commitment to progressive causes. Among his colleagues, he was often the one vote to the left of all others, but they respected his attention to detail and willingness to work with everyone. Licata’s consistency and legislative success helped him build a citywide progressive base that reelected him every time he ran. Occasionally, it even won him accolades outside his adopted city. The Nation named him Most Valuable Local Official in 2012.
Beyond advancing progressive policy, Licata’s time in office helped carve out a space for the current progressive bloc of councilmembers, including Kshama Sawant, Mike O’Brien, and Licata’s longtime legislative aide turned successor, Lisa Herbold. It is of course overly simplistic to draw a straight line from Licata to those that came after him, but his ability to stay true to his values while getting things done helped pull Seattle’s traditionally centrist electeds to the left and proved that voters support progressives.
“Nick, for so long, fostered and cultivated this progressive wing of Seattle,” said O’Brien. “One of the things I learned from Nick is you don’t need to shy away from progressive values. You can embrace them.”
Since his election in 1998, Nick Licata has had his hands in every piece of progressive legislation to pass through Seattle's City Hall.
Last December, Licata finished his final term as a city councilor—a move he was careful not to frame as retirement. He is not ending his political work, just changing the form it takes. Some of his time will be spent working with Local Progress, the nonprofit network of progressive local politicians he helped found in 2012. Some of it will be spent promoting his recently published book, Becoming A Citizen Activist, which is part memoir and part how-to guide for navigating local government. All of it is in service of Licata’s theory of the city as a tool for movement-based social and political change.
“With Congress deadlocked and state governments largely taken over by the right wing, large urban areas are the last bastions of progressive strength,” he explained. “But it’s hard to manifest that into political power. We need to start going where our strength is and building out from that.”
* * *
Licata’s attempt to seed state and national change by fomenting shifts at the local level is, in many respects, the logical conclusion of a career built on grassroots activism.
Licata was born in Cleveland in 1947, the son of traditional working-class Catholics who never graduated from high school. His turn towards progressive politics began during his college years at Bowling Green State University, where he helped found the school’s chapter of Students for Democratic Society, and solidified in 1970, when he was a graduate student at the University of Washington protesting the war.
After grad school, Licata moved into PRAG House, a commune that would serve as home base for 25 years of organizing and activism that eventually launched his political career. Like a true Renaissance lefty, he had hand in almost all the consequential battles of the age, as well as some of the less consequential ones. He published a directory of Seattle community groups and social services called the People’s Yellow Pages; helped form Coalition Against Redlining; launched an alternative weekly called the Seattle Sun; helped organize an annual 24-hour dance marathon called Give Peace A Dance to raise money for nuclear disarmament TV ads; and co-founded Citizens For More Important Things to fight public funding of new baseball and football stadiums in Seattle, among other things.
Much of Licata’s activist career was paid for by his work as an insurance broker, a kind of Wallace Stevens of the activist left. But after 15 years of this arrangement, Licata was unhappy and his bosses expected him to become a manager.
He left to run for city council.
* * *
In Licata’s first run at council, he was the underdog against Aaron Ostrom, a popular city staffer with establishment backing. Despite being outspent and running without major endorsements, Licata was able to organize his broad activist networks to show up at the polls and elect him.
“I was somewhat isolated [as a progressive]. I could tell my new colleagues thought I was going to be temporary. The first day in office I didn’t have a chair, though I think it was an oversight,” Licata said.
Nonetheless, Licata managed to prove his efficacy. Years of working in insurance gave him a keen eye for detail and in his first year in office, he found an extra $50,000 that had not been allocated in the budget.
Licata’s attempt to seed state and national change by fomenting shifts at the local level is the logical conclusion of a career built on grassroots activism.
“It’s a trite term, but I think I earned their respect,” said Licata. “Not that I was brilliant, but I dug into things more than usual.”
He also proved he knew how to work the system. Licata’s first major victory was killing Seattle’s bid to host the 2012 Olympics.
“It was almost like drowning the golden child. Even I was very supportive to start. Who doesn’t like the Olympics?”
But as he dug into the contract and read about other host cities, Licata realized Seattle would have to take on any financial liabilities from the games and likely wind up with a pile of debt.
“The people we’re supposed to serve most, not the tourists, not the people coming in, not the investors, not the businesses, but the people living here? They don’t gain. In fact a lot of them lose,” Licata said.
He started his uphill battle with his most conservative colleagues, highlighting the financial case against hosting the Olympics. He got his message out to local journalists who started covering the issue. He also hosted a public forum downtown in the go-to journalist watering hole. The room was packed with people who had come to listen to a panel of experts make the case against the Olympics (the pro side declined his invitation). He commissioned a countywide poll that showed people were against the bid when they knew about the debt. The council slowly came around and, in the end, eight of nine members signed a letter in opposition to the bid. Because no councilmember was willing to sponsor a resolution in support, the issue died.
Licata’s organizer approach to legislating and willingness to work with everyone was a recurring theme of his time in office and served him well in his proudest victories.
Getting the Rental Registration and Inspection Ordinance—a basic law that requires landlords to register rental properties so the city can make sure they’re up to code—took six years of negotiations between advocates and the Rental Housing Association.
The Paid Sick and Safe Time bill was a similarly big lift that required years of brokering negotiation between labor, activists, and businesses. Councilman O’Brien says that tenacity was an example of Licata at his best.
“He’s watching it and figuring out ‘where are my votes, who’s with me, now where do I get the next vote? I think we need to have a brown bag, we need a town hall, I need to build momentum. What are the obstacles that keep you from supporting this? Can we work on that?’” O’Brien explained.
Licata’s organizer approach to legislating and willingness to work with everyone was a recurring theme of his time in office
He continued, “The bill that came out in the end wasn’t exactly how anyone wanted it in the start, but it was great. He had the ability when he was driving something to be really aware of the politics on the floor, what changes he needed to make, how to manage that dynamic.”
Licata readily admits he can’t take sole credit for $15 Now’s success or many of the city’s big progressive victories. But he’s proud of the role he’s played as an activist on the inside connecting the fist-raised activists he came up with and the establishment whose support and votes are critical for political success.
“I’m not very good at sports analogies. But I think I’m like the midfielders in soccer. They make sure the ball gets to the striker or keeps the ball away from their own goalie. But they don’t end up on the front cover.”
Now that he’s left office, Licata wants to see if he can take his mid-fielding talents national to see if cities’ progressive momentum can combat state and national conservatism.
* * *
The idea that like-minded local politicians need to work together to bolster regional and national progressive policy is at the heart of Local Progress, the nonprofit Licata co-founded with New York City Councilman Brad Lander in 2012. They point to the minimum-wage movement as example of their success. The $15 Now effort started in Seattle then spread to other cities and gained enough momentum to get introduced at state and national levels.
The organization is young and only recently raised enough money to hire staff, but it has succeeded in recruiting 400 members in 40 states, the majority of whom are elected officials. Local Progress’ work is a mix of big-picture enthusiasm building and nitty-gritty policy work.
Licata is working part-time with Local Progress to explore how best to accomplish regional organizing. The work is rooted in a feeling that there’s no choice but to focus on cities.
Lander said, “There’s still a lot cities can do on their own through legislation and policy, as we’ve been seeing. When cities get together they can make changes in their states. Then start to make those changes nationally.”
"I think you can change the world and you have to. You just have to go about it strategically and it takes some time.” —Nick Licata
Michael Kazin, Georgetown University history professor and co-editor of Dissent magazine, agreed that ever-more-progressive city politics have helped shift the national conversation. But without a corresponding movement of national progressives activists, local politicians can only do so much.
“There has to be a left populist movement. It can’t at all dismiss the importance of race and gender and sexual orientation and environment. All that’s right. But you’re not going to win majority without having a majority,” said Kazin.
He continued, “You need a lot of young people who are excited about politics and activists, and not just at election time.”
That is, in some ways, what Licata hopes to engender with his new book. As the name implies, Becoming A Citizen Activist is Licata’s attempt to share the lessons he’s learned to help people effectively navigate city politics.
Perhaps the most important of those lessons is that success comes from barely perceptible micro-victories that build into movements and major victories in the long term.
“Everyone becomes disappointed in the gap between the ideal and the deliverable,” said Licata. “You’re not going to change the world overnight. I think you can change the world and you have to. You just have to go about it strategically and it takes some time.”
Licata’s 18 years in office and over 40 years of community activism in Seattle are certainly evidence of that. His many losses and half wins and small steps forward have added up to marked change in Seattle over time. Of course, like most cities, Seattle is still a deeply inequitable place with a growing gap between rich and poor. But Licata’s work has helped give progressives a platform from which to combat those inequities. And given that, it seems possible that bringing that same detail-focused, local approach to the national stage might eventually bring about national progressive change.
By Josh Cohen
Source
For Safer City Schools, More Counselors, Fewer Cops
Our city is facing a tough question: how do we make schools safer? New York City schools are on the precipice of...
Our city is facing a tough question: how do we make schools safer?
New York City schools are on the precipice of returning to ineffective policies and practices like more policing and metal detectors that have harmed the students who are most in need. The city could and should instead take this opportunity to move further towards school culture and climate priorities that are designed to meet the social, emotional, and mental health needs of young people.
Read the full article here.
Austin, Texas: If We Can’t Be a Sanctuary City, How about a Freedom City?
Austin, Texas: If We Can’t Be a Sanctuary City, How about a Freedom City?
The ACLU has said it supports advocacy for freedom cities. Sarah Johnson, director for Local Progress, said, “There is...
The ACLU has said it supports advocacy for freedom cities. Sarah Johnson, director for Local Progress, said, “There is an interest from all of our members in Texas and in other states across the country in really pursuing the strongest possible policies to protect immigrants at this time.”
Read the full article here.
Activists Face Rain And Security Threats As 10-Day March Against White Supremacy Continues
Activists Face Rain And Security Threats As 10-Day March Against White Supremacy Continues
Braving the rain, threats of violence and uncertainty over police permits, dozens of civil rights activists set out on...
Braving the rain, threats of violence and uncertainty over police permits, dozens of civil rights activists set out on the sixth day of their 118-mile trek from Charlottesville, Virginia, to Washington, D.C., on Saturday to protest the white supremacist ideas that inspired deadly violence in Charlottesville a few weeks ago.
The 10-day journey, which organizers from progressive and faith organizations are calling a “March to Confront White Supremacy,” began on Monday with a rally in Charlottesville’s Emancipation Park and is due to conclude this coming Wednesday with nonviolent civil disobedience in the nation’s capital.
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.' ”
Source
Why it’s hard to legislate good corporate behavior
San Francisco, the country’s premier laboratory for new Internet services, is also used to innovating in municipal...
San Francisco, the country’s premier laboratory for new Internet services, is also used to innovating in municipal regulation.
But in its latest experiment, it’s starting to find that legislating good corporate behavior isn’t as easy as pressing a button on your smartphone.
In July, the city started implementing a first-in-the-nation law aimed at curtailing the trend towards “just-in-time” scheduling, where managers call in employees to work on short notice. The new measure requires large chain retailers— such as Safeway and Walgreen’s — to publish schedules at least two weeks in advance, and to compensate employees with “predictability pay” if they make changes less than a week ahead of time. It also mandates that additional hours be offered to existing employees first before new hires are made, and that part-time workers be paid at the same rate as people who work full-time.
So far, it’s been easier to publish schedules than live up to the spirit of the law.
"The two-week notice seemed to be instituted right away, but the other stuff is lagging,” says Gordon Mar, director of San Francisco Jobs With Justice, a labor-backed group that pushed for the “Retail Workers Bill of Rights” and has been monitoring its implementation.
The sluggish response may be because fines don’t kick in until Oct. 3; the city is still hashing out the rules. But the spotty compliance so far highlights the difficulty of attempts to mandate worker-friendly practices — especially the kind that touch the most fundamental aspects of business operations, rather than those that simply require higher pay and better benefits.
San Francisco employers fought the new ordinance, but couldn’t prevent its passage. Now, they complain it’s impacting service.
“We’re hearing from members in San Francisco that it really is not working well at all,” says Ronald Fong, president of the California Grocers Association. Stores can’t always predict surges in foot traffic, which might be brought on a sunny day, leaving managers without the option to bring in more staff. That was a problem during the heat wave that swept over San Francisco this summer.
"Supplies weren’t able to get out to the shelves,” Fong says. "It just kind of snowballed, and our customers have a bad experience, or the stores lose sales.”
Some businesses don’t mind the rules in principle, but object to the red tape. "Everybody pretty much operates on a predictive schedule,” says Bill Dombrowski, president of the California Retailers Association. “But the process of implementing this, with offering the employees hours in writing and waiting three days for a response, it’s a lot of government intrusion into very minute detail.”
Also, not all industries schedule their workers in the same way. Milton Moritz is president of the National Association of Theatre Owners’ California and Nevada chapter, and says the theater business is by nature unpredictable, making the new law particularly difficult to comply with.
“We might not know until the Monday before the Friday a film shows, and even then we’re hiring, firing, scheduling people based on the business that film’s going to do,” Moritz says. “This ordinance flies in the face of all that. It really complicates the issue tremendously.”
The San Francisco ordinance hasn’t just been irritating for big companies. Some workers grumble the law discourages employers from offering extra shifts on short notice, because they would have to pay the last-minute schedule change penalty — even if workers would be happy for the chance to pick up more hours.
Rachel Deutsch, a senior staff attorney with the Center for Popular Democracy who has been helping local jurisdictions across the country craft fair-scheduling legislation, says that’s something that might change in future iterations.
"I think that’s the thing with any policy where it’s the first attempt to solve a complicated economic problem,” Deutsch says. "It’s been a learning process.”
So far, fair scheduling laws aren’t spreading as quickly as minimum wage and paid sick leave laws. A statewide bill in California failed a couple weeks ago, and no other local ordinances have passed besides San Francisco’s, though there are active campaigns in several cities including Minneapolis and Washington D.C.
Meanwhile, several companies have acted on their own to curb some of the practices that workers have found most disruptive, like on-call shifts, where workers have to be available even if they aren’t ultimately asked to work. But in some cases — like that of Starbucks, which committed to eliminating many of those practices — those voluntary changes haven’t been any more effectivethan government mandates.
Erin Hurley worked at Bath & Body Works and campaigned for an end to on-call shifts. After she left the job, parent company L Brands said it would stop the practice at Bath & Body Works as well as another of its chains, Victoria’s Secret. But Hurley says she’s heard from current workers that managers are still doing effectively the same thing, by asking employees to stay a little longer.
“On-call shifts were replaced with shift extensions,” says Hurley. “Basically what L Brands did was change the name of the practice.” Keeping people on-call is very convenient for employers, and letting it go can be easier said than done. (L Brands did not respond to a request for comment.)
Still, advocates in San Francisco think the Retail Workers Bill of Rights has already done some good, and will be more effective when the city’s enforcement kicks into high gear — just like overtime rules did, when companies got used to obeying them.
Take Michelle Flores, 21, who has worked part time at Safeway for two years to support herself while in going to college. Unpredictable schedules made that difficult: She would only know her shifts a few days beforehand, which sometimes didn’t leave her enough time to hit the books.
"I would study from midnight until 5, 6 a.m., sleep for two or three hours, and then go to the exam,” says Flores, 21, who attends San Francisco State. This year, she expects that to change. "If I know that I have a shift scheduled, I’ll just study another day,” Flores says.
Also, the law came with some funding for community organizations to make employees aware of what workers are entitled to. That has ancillary effects — like getting people interested in joining a union, which can be better equipped to make sure companies are following the rules.
“It just creates an opportunity to talk to more workers about their rights under the law, and that leads to conversations about other issues in the workplace,” says Gordon Mar, of Jobs with Justice. “And that could lead to getting organized.”
Source: Washington Post
¿Vale la pena quitarle dinero a la policía para apoyar temas como la vivienda, la educación y la salud?
¿Vale la pena quitarle dinero a la policía para apoyar temas como la vivienda, la educación y la salud?
Un nuevo informe analiza el concepto de 'desinversión de la policía'. La controversial idea es fomentada por activistas...
Un nuevo informe analiza el concepto de 'desinversión de la policía'. La controversial idea es fomentada por activistas latinos y afroestadounidenses, buscando menos discriminación y más apoyo a las minorías.
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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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