Outten & Golden: Empowering Employees in the Workplace

We Rise: Building Immigrant Working People Power

November 25th, 2015 | Richard Trumka

Richard TrumkaA year ago the president announced a series of executive actions on immigration. Today is a fitting time to honor those who compelled him to act.

Around the country, courageous working people demanded an end to the deportation regime that was tearing communities, families and workplaces apart. They shut down detention centers, turned around buses, and spoke truth to power?—?all at great personal risk. They banded together to prevent the deportation of community members and loved ones who were in removal proceedings, and they won many cases. These brave actions and the determined clamor for #Not1More deportation led to the announcement of the historic deferred action program that will allow millions of parents to live and work without fear.

Communities around the country also rejected the notion that their local law enforcement officials should serve as agents of the federal immigration enforcement machinery. They had important discussions about due process and constitutional protections. Over time, more than 300 jurisdictions enacted ordinances declaring that they would focus their resources on effective community policing and place reasonable limits on their cooperation with the U.S. Immigration and Customs Enforcement (ICE). This groundswell thoroughly discredited the Secure Communities program, a federally run program launched in 2008, and resulted in its termination in 2014.

These examples inspire us, and they also show us the playbook for how you make change in the nation’s capital— you force it from the ground up. Today as we confront legal and legislative obstruction and the rebranding of failed enforcement policies, the question we should all be asking is what do we push for next?

For the labor movement, the answer is simple. We know that every worker in our country has rights, and we want each worker to be able to exercise those rights, regardless of immigration status.

While this may sound like a simple idea, we are a long way from that reality now. The sad truth is that employers routinely hire undocumented workers with a wink and a nod and then fire them when they seek to organize a union or complain about unpaid wages or unsafe working conditions. And when new immigrants muster the courage to stand in a picket line, join a boycott, or negotiate for fair compensation, employers are still able to retaliate in ways that can set deportation proceedings in motion.

This is just not right; it’s an #Injury2All and the wages and standards for all working people in our country suffer as a result of these efforts to keep immigrant workers scared and silent. Here in Washington, we have been talking for years to Congress and the administration about the need to fix these problems, but we have yet to see the concrete changes that our nation’s workers so urgently need.

So we see this anniversary as an important opportunity to sound a new call to action. We intend to take our demands for basic worker protections to every community and every immigration office in the country. Our unions and allies will raise workers’ cases from many sectors of our economy and make clear that we cannot reasonably expect to end wage theft and exploitation without protecting those workers with the courage to take a stand.

From Chicago to Los Angeles to Austin and everywhere in between, our movement reaffirms what we have long understood, that an injury to one worker is an injury to all. Our federal agencies have the discretion to provide concrete protections to workers who exercise their most fundamental rights, but it is up to us to make them act.

Polite conversations in Washington aren’t working. These changes will only come if we demand them, from the ground up. Working people are ready for this fight, and it will be coming soon to a community near you.

We will keep pushing forward to demand what is just. Please join us.

This blog was originally posted on Daily Kos on November 20, 2015. Reprinted with permission.

About the Author: Richard L. Trumka was elected AFL-CIO president in September 2009. He served as AFL-CIO secretary-treasurer since 1995.


Heat kills California farmworkers, but the state won't always admit it

November 23rd, 2015 | Laura Clawson

LauraClawsonAgricultural workers have fewer job protections than most other workers even as they do physically grueling labor for low pay. It’s a vicious circle—most of the people who work in the fields come from vulnerable groups, and the low wages and lack of protections keep them vulnerable. California’s heat is one significant source of illness and even death for farmworkers. But you might not know that from the state’s official statistics:

While the agency investigated 55 agriculture deaths between 2008 and 2014, it categorized six as heat related, according to data obtained by The Desert Sun. Of the 209 farmworker illnesses investigated in the same period, Cal/OSHA confirmed 97 as heat related.

Farmworker fatalities peaked at 15 in 2014. However, Cal/OSHA found that none of those fatalities were heat related. At least 13 of those farmworkers did not belong to a union, including a man who died in 109-degree heat after picking lemons Sept. 2 in a Mecca field. […]

Although California passed the groundbreaking Heat Illness Prevention act in 2005, Cal/OSHA confirms only 13 farmworkers have died in the decade since then from heat-related deaths. The confirmed deaths represent just a fraction of the total, according to the United Farm Workers union’s recently settled lawsuit, which pegs the number of deaths due to heat in just the six years from 2005-2011 at more than double the 10-year number claimed by Cal/OSHA.

Similarly, the state investigated 209 possibly heat-related illnesses between 2008 and 2014, but only confirmed 97 of them as officially heat-related. Even in cases where, gosh, the worker was definitely sick (or dead) after working in hot weather, and had the symptoms of heat-related illness, Cal/OSHA’s standards are sometimes just too high. And if an illness or death wasn’t officially related to heat, the employer doesn’t get cited for it. Funny how that works.

But despite the low number of illnesses and deaths officially attributed to heat, we do know that, in California, the agriculture industry has more heat-related illnesses and deaths than any other industry involving outdoor work, like construction. Which gets us back to the weak legal protections for agriculture workers.

This blog was originally posted on Daily Kos on November 20, 2015. Reprinted with permission.

About the Author: Laura Clawson has been a Daily Kos contributing editor since December 2006  and Labor editor since 2011.


Strangers Raise Money For Walmart Worker Fired For Picking Up Cans

November 22nd, 2015 | Alan Pyke

AlanPyke_108x108When a parking lot attendant dared to recycle trash he picked up outside an upstate New York Walmart, the store fired him. Now generous strangers are trying to help cushion his sudden fall.

Thomas Smith, 52, had been earning $9 an hour at an upstate New York Walmart for less than three months when his manager terminated him over the cans. Smith was in charge of rounding up shopping carts from the lot outside the store, and started collecting trash from the lot while making his rounds. After storing up cans for a couple months, he recycled them in the store’s machines in early November. He got $5.10 for them.

Then he got fired. His manager told Smith his actions were “tantamount to theft of Walmart property,” the Albany Times Union reports, and said he would have to repay the $5.10 or lose his job. Smith, who commuted an hour by bus from Albany for the job, returned to the store two days later with the cash. But he’d already been fired.

“I didn’t know you couldn’t take empties left behind. They were garbage. I didn’t even get a chance to explain myself,” Smith told the paper. He also said his manager told him that a coworker who’d been caught stealing cash from a store register was allowed to keep her job because she repaid the theft and “because she has five kids.”

That thief was white. Smith collected trash while black.

The store manager who made the decision refused to speak with the Times-Union, and a Walmart spokesman told the paper it does not comment on personnel matters. After the story got picked up by local TV news, a company representative claimed Smith had admitted to stealing from inside the store itself. “They certainly didn’t indicate that both when I talked to them and our attorney talked to them,” Alice Green of the Center for Law and Justice said of that claim. Smith says he wrote out a statement for managers acknowledging he’d recycled the cans and no more.

Smith’s story has prompted strangers to send money through the crowdfunding site GoFundMe. So far the effort has collected more than $2,200 – an amount Smith would’ve had to work more than six weeks at full-time hours to earn.

While going viral for his sudden termination from a low-wage job has provided some short-term help, Smith will likely still have a hard time getting back on his feet. He was paroled in May after more than a dozen years in prison for armed robbery. He’d spent four months homeless after his release before finding housing through a charitable group. The Walmart job would have been one of his first, if not his very first, opportunities since his release for earning a living and achieving a degree of economic independence.

Formerly incarcerated people face immense hurdles to re-entering society and the workforce. Trust is hard to come by. Many job applications feature a check-box requiring applicants to volunteer information about their criminal history, which generally ruins their chances of even getting an interview.

The rejection naturally encourages desperate people to return to criminal activity for an income, as Glenn Martin, who now runs a non-profit that works with the formerly incarcerated and wasturned away from 50 different jobs in the month after his own release from prison, has described. Activists like Martin say efforts to reform the criminal justice and prison systems should include “ban the box” measures to restrict how hiring managers can ask about criminal histories – something President Obama recently did for federal hiring practices – and a revamp of education programs behind bars.

Since being fired, Smith has gotten plugged in with a legal aid group in Albany that is helping him recover his footing and that may eventually help him sue Walmart over his treatment. For now, though, he’s more worried about how he’s going to buy Christmas presents for his two teenage children.

This blog was originally posted on Think Progress on November 20, 2015. Reprinted with permission.

About the Author: Alan Pyke is the Deputy Economic Policy Editor for ThinkProgress.org. Before coming to ThinkProgress, he was a blogger and researcher with a focus on economic policy and political advertising at Media Matters for America, American Bridge 21st Century Foundation, and PoliticalCorrection.org. He previously worked as an organizer on various political campaigns from New Hampshire to Georgia to Missouri. His writing on music and film has appeared on TinyMixTapes, IndieWire’s Press Play, and TheGrio, among other sites.


An Economy That Works For Everyone Starts With Women

November 21st, 2015 | Terrance Heath

Terrance HeathAccording to a new report from the Economic Policy Institute, creating an economy that works for everyone starts with creating an economy that works for women.

There’s good news and bad news. The good news is that the gap between women’s earnings and men’s earnings has closed a little. The bad news is the narrowing of the gender wage gap is not due to women’s gains in the workplace, but to declining wages for men and growing inequality overall.


According to a recent report from the Economic Policy Institute (EPI), eliminating the gap between men’s and women’s wages would amount to a 70% raise for women.


Consider economic impact of eliminating the gender pay gap. Women are the primary breadwinners in at least 40 percent of American households. Consider what eliminating the gender pay gap would mean for these women.

  • Nearly 60 percent of women would earn more if working women were paid the same as men the same age doing similar work.
  • The poverty rate for working women would be cut in half; the poverty rate for working single mothers would fall by nearly half.
  • The US Economy would produce an extra $447.6 billion, if women received equal pay.

Like a “rising tide,” lifting these women lifts the households that depend upon their earnings, and boosts the economy. An economy that works for women, then, works for American families, too, bringing us closer to an economy that works for all. To that end EPI has introduced the “Women’s Economic Agenda,” a 12-point policy agenda that will “give low- and moderate-wage workers more economic leverage, change the rules so that a growing economy benefits hardworking Americans, and maximize women’s economic security.”

The benefits for women are clear. As I wrote in, “We Must Fight Poverty With Justice,” it’s no coincidence that women’s risk of poverty jumps drastically between the ages of  25 and 34, when their poverty rate is 6.9 times higher than men’s, or that their poverty risk doesn’t begin to come down until age 40. Women are at a higher risk of poverty during their peak reproductive years, when they begin juggling the responsibilities of work and family, and lose out on pay that’s already less than what men earn.

However, the benefits of the agenda aren’t exclusive to women. In fact, none of its 12 points are applied exclusively to women. Men, women, and children would benefit from increased wages, guaranteed family leave and paid sick leave, accessible child care, and all of the other agenda items. When the economy works for women on these 12 issues, it’s more likely to work for us all.

This blog was originally posted on Our Future on November 18, 2015. Reprinted with permission.

About the Author: Terrance Heath is the Online Producer at Campaign for America’s Future. He has consulted on blogging and social media consultant for a number of organizations and agencies. He is a prominent activist on LGBT and HIV/AIDS issues.


When Temp Workers Die While Being Taken to the Job, Who’s Responsible?

November 19th, 2015 | Spencer Woodman

in these timesOn September 24, just after 3 PM, a 36-year-old Haitian immigrant named Marianie Sanon was sitting on a particleboard bench in the back of a van overcrowded with 22 other Haitian temp workers on their way to the night shift at a factory in Evansville, Indiana. She noticed that the van driver seemed to be driving dangerously fast down Interstate 69. Sanon had recently moved from Miami to Washington, Indiana, on the hope of landing a good job at the local branch of a temp agency called ServiceXpress. This would have been her fourth day temping at a plant operated by AmeriQual, an Evansville, Indiana-based manufacturer of prepackaged military food for the Department of Defense.

The last thing Sanon remembers of the van ride was watching the driver—a 30-year-old man named James Allen who helped his father run a van service that he called “Haitian Transportation”—attempt a high-speed, slalom-like maneuver to get around a truck.

Three days later, Sanon emerged from a coma in a hospital in Evansville, Indiana. She had suffered severe head trauma, had several fractured vertebrae, a bone in her left arm had been shattered and she still had shards of glass still imbedded in her body.

The accident had left two of her fellow passengers dead. As it tumbled across the interstate, the van disintegrated, ejecting Sanon onto the pavement and sending more than a dozen other survivors to the hospital. As she lay in her hospital bed and gathered information about her co-workers, Sanon says she began to wonder why she had heard nothing from the temp agency—ServiceXpress, a subsidiary of Delaware-based Service General—that deployed her, or from AmerQual itself. Not only had there been no offer of help, but not a single person from either firm had checked in, called, visited or sent a letter, Sanon says.

Sanon called ServiceXpress and spoke with a manager. “She said she was sorry for what happened to me,” Sanon told me, “but that she cannot do anything for me.”

Sanon soon received a letter from ServiceXpress.

Dear Employee,

We thank you for your time that you have been with ServiceXpress; we want to help in some way from the traumatic experience that you have been through. We hope this gift card and food basket can help you get back on your feet. We want to wish you the best regards in everything you do.

Thank you,

ServiceXpress Staff

Aside from the $50 Walmart credit, Sanon says that she soon received a paycheck from ServiceXpress that came to $71.00. (She says she never received the food basket referenced in the letter and has heard nothing from AmeriQual.) Meanwhile, Sanon, who was airlifted from the crash site, began receiving the first of her medical bills (many more are on their way), which quickly amounted, she says, to roughly $105,000.

Out of work and unable to pay rent on her apartment, Sanon soon became homeless. She currently sleeps in a women’s shelter in downtown Evansville.

The subcontractor maze

Steven Chancellor is the Chairman of AmeriQual, according to Bloomberg. He has an ardent passion for big-game hunting on African safari trips and has even used his wealth and influence to lobby the Botswanan government to lift its ban on lion hunting. Chancellor has also proven an energetic Republican activist, hosting a high-profile fundraiser for Mitt Romney in 2012. Before that, he reportedly held a Republican fundraiser in 2004 election of President George W. Bush who, from the White House, assisted Chancellor’s crusade against Botswana’s lion hunting ban.

Immediately after the I-69 van crash, AmeriQual expressed sympathy for the victims but also made clear that it had enlisted the workers through ServiceXpress, which sent the temps to the factory for $11 per hour. Yet ServiceXpress, in turn, emphasized that the van’s driver worked for a different business. James Allen, the van’s driver, was recently arrested for his role in the van crash and Neil Chapman, Sanon’s attorney, says Allen likely has little in assets for the crash victims to draw from. (AmeriQual declined to provide comment for this story.)

Since the Great Recession, the temporary staffing industry has boomed, and temp employment has accounted for significant portions of rebounding job growth. Temps—who are employed by agencies and whose labor is simply rented out by third-party businesses—have become seen as some of America’s most vulnerable workers. Labor advocates say that, in treating workers as replaceable units of labor, the temp industry can overlook workers’ most basic human needs.  Through the layering of contractors and subcontractors, many corporations who rely on temps have effectively shielded themselves from numerous forms of liability for temps they retain through third-party agencies.

Labor advocates across the country have identified the safety of vans that transport temp workers to job sites as a key issue. In 2013, ProPublica published a diagram, drawn by a temp worker, of an overcrowded van said to be a typical feature of the New Jersey temp economy. Workers in New Jersey I spoke with this week say that they are still being transported in woefully overcrowded conditions.

“The problems with the vans from the agencies is that they pack them in over capacity,” a Spanish-speaking temp worker in northern New Jersey told me through a translator and labor organizer named Louis Kimmel, the executive director of New Labor. “Logically when it’s over capacity and no one has seatbelts on, for example—and sometimes drivers might be driving when they’re still drunk—we’re putting ourselves at risk just by getting into a full van like that.”

Sanon herself expressed surprise at the lack of responsibility assumed by AmeriQual and ServiceXpress after the crash. “I was like, how am in the hospital and why am I not hearing from anyone?” Sanon said. “I’m very strong, but really, I need help. I cannot do this by myself.”

“A heroic effort”

Bamdad Bahar, the president of ServiceXpress, said that his office in Indiana did more than just send Walmart cards and food baskets. “[O]ur team there provided round the clock support for the employees, including taking family members to and from the various hospitals,” Bahar said in an email. “It was truly a heroic effort.” Bahar said that he had taken out life insurance plans that would provide the families of each deceased worker with a $5,000 payment.

Bahar also reiterated that his company has nothing to do with the accident. “I mentioned we provided maximum support feasible. This was NOT a workmans comp case, and was NOT an industrial accident. The driver and van company are NOT part of our company, and we are NOT responsible for the accident, the blown tire etc.” He added that he is looking into filing a libel suit against the local newspaper in Indiana, the Evansville Courier & Press, for its coverage of the accident. “There is really NO need to refer to us in relation to the accident,” Bahar said in a subsequent email. “I shut my operation in Indiana because of all this negative press.”

After the accident, Jacques Estime, who is involved in Washington, Indiana’s Haitian community, launched a fundraiser for the victims of the I-69 rollover crash. After securing enough money to pay for the funerals of the deceased, Estime said he split the leftover money 17 ways among the injured victims, who will each receive a check from Estime for $196.95.

In late September, shortly after the van crash, AmeriQual announced in a Facebook post that it would launch a donation drive among its full-time employees to compensate the injured temps. Yet Sanon has heard nothing about AmerQual’s fundraiser. It is unclear if the company gathered a single donation. Estime said the ServiceXpress had donated one thousand dollars to a funeral fund.

Estime told me that the victims are coping with an array of physical and psychological injuries. “Some of them are badly hurt, some of them need therapy,” Jacques told me. “Some haven’t been sleeping well. They’ve been having horrible nightmares. All they see are people dying.”

In late October, a Gibson County prosecutor reportedly filed 19 criminal charges against the van’s driver, James Allen, who had tested positive for marijuana during a blood test taken just after the crash. The charges against Allen range from “causing death while operating a vehicle under the influence of a controlled substance” to “causing serious bodily injury while operating under the influence,” according to the Evansville Courier & Press.

Last week, Sanon’s attorney, Neil Chapman, filed a suit against not only James Allen and his father, Robert, who owns the van, but also against Ameriqual and ServiceXpress. The civil complaint seeks to dispute any notion that the Allens’ transit business operated with autonomy from Xpress and AmeriQual, and asserts that the three businesses were operating as a joint venture. “A principle motivating factor for Ameriqual to choose ServiceXpress was because it offered a competitive advantage of other temporary agencies: transportation of the Haitian employees free-of charge as a part of its advertised, integrated incentive package to its factory clients.”

Sanon told me that, before the accident, she still owed $50 to a man she had paid $200 to bring her from Miami to Washington, Indiana. Although the AmeriQual wage was modest, it was the best she could find, she said, and she had hoped to use the earnings to become debt-free. With medical bills that she estimates total over $100,000, that goal now seems impossible.

“I’m struggling for my life right now,” Sanon said. “I cannot do this by myself.”

This blog was originally posted on Our Future on November 18, 2015. Reprinted with permission.

About the AuthorSpencer Woodman is a journalist based in New York. He has written on labor for The Nation and The Guardian. You can follow him on Twitter at @spencerwoodman and reach him via email at [email protected]


IKEA Workers in Massachusetts Walk Out on One Day Strike Amidst Drive to Unionize

November 18th, 2015 | Chris Brooks


in these times

Yesterday morning in Stoughton, Massachusetts, 14 IKEA workers walked out on a one-day strike—the first ever in the furniture giant’s U.S. stores.

“I’m fighting for my rights,” said striker Veronica Cabral, a 36-year-old single mother and immigrant from Cape Verde. “I want better for me, my family, and my co-workers.”

The union would consist of the 32 people who work in the “Goods Flow In” department, where workers receive shipments and stock the store. Last week they delivered a petition demanding union recognition, signed by 75 percent of the department.

They would form a so-called “micro-bargaining unit,” affiliated with the Food and Commercial Workers (UFCW)—following in the footsteps of retail workers at Target and Macy’s who have formed small bargaining units since a 2011 National Labor Relations Board decision, Specialty Healthcare, opened the door.

“It’s been a long fight. Three years ago we started with the Teamsters and we had 70 percent since then,” said Chris DeAngelo, 45, who’s worked at the store for eight years. “What changed is that we can have a micro-unit now.”

Ultimately, DeAngelo said, “our plan is to unionize the whole store. But it is difficult with the different shifts and different parts of the store. We are working up to getting everyone else.”

Fears and reprisals

The same day the workers delivered their petition, Democratic presidential candidates Martin O’Malley and Bernie Sanders sent letters to IKEA U.S. President Lars Peterson, urging the company to recognize the union.

Sanders castigated the company for “blatant intimidation coupled with subtle yet effective psychological warfare against workers who wish to unionize.”

“We had a ‘code of conduct’ training that seemed routine until we were asked to go around the room and talk about our union sympathies,” said machine operator Shawn Morrison, 28. “That was routine, just a part of the training, until someone called it out. Another time the store manager called us up to the H.R. office. He dropped union literature on the table and asked us how we felt about it.”

“IKEA has team leaders on the floor trying to scare everyone about what will happen if there is a union,” Cabral said. “They tell us we will be fired.” She’s been urging her co-workers not to get scared off.

But managers have begun targeting pro-union employees for arbitrary discipline—which made the petition and strike urgent, workers said.

“We couldn’t wait any longer. We had to make some sort of decision,” DeAngelo said. “We know that we all have targets painted on us, especially those of us who have been there longer and are making more than the new recruits.

“This store has been open 10 years and I have been there eight, and there has been no improvement. There is all this tension, all this instability, all this insecurity. You never know when the other shoe is about to drop.”

At the end of their shift November 14, workers in the Goods Flow In department were called together to hear the store manager and head of H.R. give the company’s official response to their petition.

The letter from IKEA management said that “by recognizing the UFCW as the representative, we would be taking away the chance for each individual co-worker to make a choice” and that a secret-ballot election supervised by the Labor Board would be “more consistent with the approach we have taken in our U.S. distribution centers.”

Workers were livid. “Their excuse for denying the petition is ridiculous and disrespectful to the 75 percent of people who signed their names,” DeAngelo said. “That is why we are going on strike. It is a slap in the face. It is absolutely disgusting.”

The American model

IKEA, a Swedish company headquartered in the Netherlands, touts its commitment to social responsibility and worker rights. In Europe its retail workers are overwhelmingly unionized.

But like pro-union workers in Volkswagen’s Chattanooga, Tennessee, plant, the Stoughton IKEA workers are realizing that their employer is not so much a socially responsible European company doing business in the U.S. as an American-style company that just happens to be headquartered in Europe.

“The American Model—that is what they are calling it,” said DeAngelo. He points to IKEA’s hiring of the notorious anti-union law firm Jackson Lewis to bust the organizing campaign. “A truly socially responsible company wouldn’t do that.”

Morrison traveled to Milan, Italy, last month to attend the IKEA Global Alliance meeting, which brings together unions representing the company’s retail and warehouse workers from all over the world.

“One of the things that our European co-workers felt was that the company was shifting more and more towards the American model and that their labor unions would be in danger,” he said.

“In Europe they kind of believe that the United States does not want unions,” Morrison said. “Europe has gone such a long time thinking that the U.S. is just a barren wasteland of union activity, but we are showing them that that is not true.”

This article was originally printed on InTheseTimes.org on November 17, 2015.  Reprinted with permission.

About the Author: Chris Brooks is a graduate student in the Labor Studies program at the University of Massachusetts, Amherst, and an organizer living in Chattanooga.


Childcare Workers Need a Living Wage

November 17th, 2015 | Dawn O'Neal

seiuWhen a group of young fast food workers decided to lift their voices on the job and join together in the demand for better wages, no one believed anything tangible would come from it. Two months ago, those same workers won $15/hr.

Their action and bravery sparked a global movement known as the Fight for 15, and as a childcare worker who cares for other children while barely making enough to care for myself, I am proud to be in the Fight For 15. We deserve to be able to take care of our families just as well as we take care of the children in the classroom.

Enough is enough.

Nearly half of all workers across the country make less than $15 an hour – workers in fast food, home care, child care, airports and universities. We are uniting with low wage workers throughout the country because poverty wages must end.

We are in the streets because the cost of living continues to increase while wages remain stagnant. About one in seven childcare workers lives below the official poverty line. In many regions, preschool and childcare workers earn a fraction of what’s required for a minimally decent standard of living.

I have raised four great kids as a childcare worker by picking and choosing which bills to pay. I have over 15 years of experience and still only earn $8.50 an hour. One day I would like to move up and lead my own classroom but that’s not possible with my CDA (Child Development Associate Credential. There is no room for the expense of additional classes in my tight budget.

11 million Americans have won raises since the first fast food strike. We are winning because we are united in the fight for a society we want: one where we can give our families a good life, support our communities, and leave a more safe and stable world for future generations. I am all in on this fight and you should be too.

This article was originally printed on SEIU in November, 2015.  Reprinted with permission.


Economists React to October Jobs Report

November 16th, 2015 | Jackie Tortora

Jackie TortoraOctober provided good news for the economy. The economy added 271,000 jobs, according to the U.S. Bureau of Labor Statistics, a big increase over September’s number of 137,000 jobs. The unemployment rate also fell fractionally from 5% to 5.1%.

Average hourly private-sector earnings were up 9 cents, which, if sustained, will finally start producing real wage gains for ordinary working Americans.

In response to the October jobs report, AFL-CIO Chief Economist William E. Spriggs said:

While this month’s numbers are good, job growth has yet to deliver sustained wage gains that working people need to lead better lives. This means we face the deeper challenge of fashioning policy changes to create the institutional structure for shared prosperity; aggressive, progressive solutions, not corporate driven trade deals. Unfortunately, while our economy remains fragile, the now public TPP text proves our fears of just how damaging it could be to our economy. The fight for full employment and rising wages starts with rejecting this bad deal and embracing economic policies that put people and families first.

 AFL-CIO Senior Economic Policy Adviser Thomas Palley added:

This report is strong, which is good news. But the report also reveals the contradictions in our economy. Good news for Main Street is interpreted as bad news by Wall Street. The challenge for the Federal Reserve, and the standard by which it will be judged, is to ensure this type of news becomes ‘normal’ and not a one month exception that is used to justify hitting the brakes.

This blog originally appeared at AFL-CIO on November 10, 2015. Reprinted with permission.

About the Author: Jackie Tortora is the blog editor and social media manager at the AFL-CIO.


Is Pregnancy Discrimination On The Rise?

November 14th, 2015 | Branigan Robertson

BraniganRobertsonA woman’s pregnancy is supposed to be a reason to celebrate – baby showers, nursery decorating, and 3D ultrasounds. When you’re pregnant the last thing you should have to worry about is your job. Unfortunately, pregnancy discrimination seems to be on the rise in American workplaces. Employment lawyers like me seem to be getting more and more phone calls from women claiming that they were fired because of their pregnancy.

What is Pregnancy Discrimination?

In 2013 I got a phone call from a woman who said that she got fired after she delivered a stillborn baby. I almost fell out of my chair. The company fired her the day she returned from maternity leave. After filing the case we discovered that the company made the decision to terminate her after she informed the owners that her baby had passed. We also found out that after making the decision to terminate her, the company hired an auditor to come in and “audit” her department to find that she was performing poorly. However, documentary evidence showed that she was a great employee. The case failed to settle and proceeded to trial. The jury found that the company discriminated against her because of her pregnancy and awarded her substantial punitive damages.

While this was an unusual case, it highlights the opposite of how a company should act. A company should never make a decision to fire a woman because she is pregnant, because she is having complications, or because she is planning on taking a maternity leave. While that may seem like common sense in today litigious environment, I am continuously surprised how often expecting women are fired for suspicious reasons.

A Rise in Pregnancy Related Lawsuits

My firm receives hundreds of phone calls each year from prospective clients. Over the last year or so, we’ve noticed a lot more calls from women who believe they were fired or passed over for a promotion because of they became pregnant or had a pregnancy related disability. We’re not the only ones who have noticed this. More and more lawsuits are being filed and federal and state legislatures are enacting or trying to enact more laws to protect women.

Why are their more lawsuits? It may be because more women are career driven today than in the past. Human Resources MBA has a great info graphic discussing this. Inevitably, this topic also leads lawyers to talk more about gender discrimination (which is also unlawful under Federal and State law). Regardless of the reason, lawyers are trying to help their clients in whatever situation they happen to find themselves in.

What Should You Do If You Are a Victim of Pregnancy Discrimination

A lot of pregnant women who are still employed call my firm because they are starting to sense that their manager is upset with them. “What should I do?” “Should I go to HR?” “Should I complain?” “Can I go on maternity leave early?” All of these questions are valid but each and every situation is different. Further complicating the issue is that each state has different laws on point. For example, in California there are a multitude of laws that could apply to a woman’s situation: Pregnancy Disability Leave, the Fair Employment & Housing Act, the Family Medical Leave Act, the California Family Rights Act, the Labor Code, State Disability Insurance, etc.

I first recommend that you spend some time doing basic online research. Look up your respective state’s labor department and see if there are any online resources. You should also speak with HR if your company has competent HR professionals. If you feel like the situation is worsening I recommend that you call a lawyer. Many employment lawyers like me who represent individuals will do a free consultation over the phone.

Hopefully you are never in this situation. A woman’s pregnancy should be celebrated and a time of great excitement. Although pregnancy discrimination seems to be on the rise, collectively we can fight against it by informing each other of the laws that protect women. So please do your research and don’t be afraid to call a lawyer!

If you have additional questions concerning pregnancy discrimination, visit WorkplaceFairness and see their pages on parental leave and pregnancy discrimination. If you need help finding a lawyer, visit their attorney database here.

About the Author: Branigan Robertson is an employment attorney in Irvine, California. He is a member of the California Bar and the California Employment Lawyers Association. He exclusively represents CA employees in lawsuits against employers and focuses his practice on pregnancy discrimination and wrongful termination. Visit his law firm’s website for more information.


Disabled Workers Face Discrimination, but it's not Inevitable

November 13th, 2015 | Laura Clawson

LauraClawsonGosh, why are people with disabilities so much less likely to be employed than people without disabilities (34 percent to 74 percent in 2013)? One reason is what researchers from Rutgers and Syracuse universities discovered when they sent out resumes for fake job applicants who either had a spinal cord injury, Asperger’s syndrome, or did not mention a disability: applicants who mentioned a disability heard back from employers 26 percent less often than applicants who didn’t mention a disability, and it was actually worse for more experienced applicants.

You know how Republicans are always railing against laws that would prohibit employers from discriminating and the like? Maybe that’s because such laws work:

The study showed that the Americans With Disabilities Act, the 1990 federal law banning discrimination against those with disabilities, appeared to reduce bias. The lack of interest in disabled workers — and especially in the rate at which they were called back for an interview — was most pronounced in workplaces with fewer than 15 employees, the study found. Businesses that small are not covered by the federal law. At publicly traded companies, which may be more concerned about their reputations and more sensitive to charges of discrimination, evidence of discrimination on the basis of disability seemed largely to disappear. The same was true at firms that receive federal contracts, which are required by the government to make a special effort to hire disabled workers.

This is why we need stronger laws and more enforcement, not Republicans blocking progress because hey, we already have laws that kinda sorta cover that.

This blog was originally posted on Daily Kos on November 7, 2015. Reprinted with permission.

About the Author: Laura Clawson has been a Daily Kos contributing editor since December 2006  and Labor editor since 2011.


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