Outten & Golden: Empowering Employees in the Workplace

Uber ignored its diversity problem. Now it’s paying for it in spades.

February 22nd, 2017 | Lauren Williams

Uber is under fire after a former engineer made headlines for publishing a detailed account of her experiences with sexual harassment—and Uber executives not addressing it. The timing seems particularly awful for Uber, which just lost 200,000 customers for the way it handled President Donald Trump’s immigration ban. But Uber has been one of the few holdouts not tackling the problems of diversity and inclusion that ail much of Silicon Valley. Now, the company has to pay for it.

Uber CEO Travis Kalanick quickly responded to former engineer Susan Fowler’s claims that her supervisor made sexual advances toward her, and that the behavior went unchecked when she reported it to human resources. Kalanick called sexual harassment “abhorrent” on Twitter and then sent a memo to employees Monday announcing that the company was assembling a legal investigation into Fowler’s claims, spearheaded by former U.S. Attorney General Eric Holder.

Fowler’s post seems to have triggered an about-face in Uber’s approach to claims of the company’s wrongdoing, unearthing a new company mission to root out “injustice.”

“I believe in creating a workplace where a deep sense of justice underpins everything we do,” Kalanick wrote in his memo to employees. “It is my number one priority that we come through this a better organization, where we live our values and fight for and support those who experience injustice.”

Kalanick’s justice-focused position also promised to look into the “many questions about the gender diversity of Uber’s technology teams.”

But the toxic culture Fowler described at Uber isn’t news. While Kalanick has previously denounced drivers’ acts of violence against women, the CEO has also made misogynistic comments. In a GQ profile, Kalanick referred to the company as “Boober” to denote how his success has helped his sex life.

During Uber’s rise, there have been sexist ad campaigns and executives suggesting the company should “dig” into a journalist’s personal life for criticizing Uber’s culture. Uber brushed off criticism that the company was violating customers’ privacy with its “God View” capabilities, and fought the unionization of and granting employee-status and fair pay for drivers?—?many of whom are immigrants and people of color.

So while it’s not brand new that Uber suffers diversity issues, the sexual harassment allegations could push the ride-sharing app to be more transparent. In the past, Uber has been one of the few tech companies that hasn’t released a diversity report, refusing to acknowledge requests for more transparency.

In January, Rev. Jesse Jackson and the Rainbow/PUSH Coalition, which pressured Google to be the first tech giant to release its diversity report, urged Kalanick to reveal Uber’s demographic breakdown of employees, leadership, and new hires. Uber refused Jackson’s and the coalition’s request for 2015 data last year.

But following Fowler’s blog post, Uber might change course. Kalanick revealed in his memo to employees that the company’s number of female technical employees hasn’t budged.

“If you look across our engineering, product management, and scientist roles, 15.1% of employees are women and this has not changed substantively in the last year,” he wrote. “[Human resources head Liane Hornsey] and I will be working to publish a broader diversity report for the company in the coming months.”

But if Kalanick is dedicated to ridding the company of “injustices,” there’s a lot of material to work with.

This post appeared originally in Think Progress on February 21, 2017. Reprinted with permission.

Lauren C. Williams is the tech reporter for ThinkProgress. She writes about the intersection of technology, culture, civil liberties, and policy. In her past lives, Lauren wrote about health care, crime, and dabbled in politics. She is a native Washingtonian with a master’s in journalism from the University of Maryland and a bachelor’s of science in dietetics from the University of Delaware.

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Donald Trump is too busy showboating to do the hard work of creating jobs and rebuilding America

February 21st, 2017 | Laura Clawson

Donald Trump isn’t getting stuff done because Donald Trump doesn’t know what he’s doing—or even what he would need to do to get stuff done.

Take infrastructure. Jonathan Cohn lays out the differences between how Barack Obama put together a major infrastructure package and got it passed despite Republicans refusing to work with him, while Trump has failed on infrastructure despite some Democrats being willing to work with him.

Newsflash: Obama put work into his plans, and had a big staff of experts meeting and researching and trying to figure out what would work. Whereas:

During the presidential campaign, Trump mocked Hillary Clinton for her wonkishness: “She’s got people that sit in cubicles writing policy all day,” he said during one interview. “It’s just a waste of paper.” At one point, Trump’s own policy advisers quit because nobody was paying them or taking them seriously.

Trump was too busy proposing—in broad, flashy terms—an infrastructure plan that could have been popular and good for the economy. You know, a Democratic-style one, involving spending lots of money to fix or build bridges and schools and hospitals, and creating jobs doing just that. But:

In a December interview with The New York Times, Trump confessed that he was still figuring out exactly what he wanted to do ? and that he hadn’t realized FDR-style infrastructure building might alienate conservatives. “That’s not a very Republican thing ? I didn’t even know that, frankly.”

So once Trump realized that today’s Republicans are opposed to rebuilding America’s bridges and schools and hospitals, he came out with an infrastructure plan that was a giveaway to big business. But even then, he wasn’t really going to put any work into it—not when he could be tweeting attacks on the media and signing horrible executive orders.

This article originally appeared at DailyKOS.com on February 21, 2017. Reprinted with permission.

Laura Clawson is a Daily Kos contributing editor since December 2006. Labor editor since 2011.

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The People Fired Puzder

February 20th, 2017 | Libero Della Piana

Andy Puzder, President Trump’s pick to run the Labor Department, didn’t really bow out. He was fired.

But even though Trump made the phrase “you’re fired” his motto, he didn’t force Puzder out. We did. Working people sent him the pink slip.

When Trump was inaugurated less than one month ago, he figured he could dictate his policies and ram his appointments through the Republican-run Congress. Being the least popular president elected since polls began recording public sentiments apparently didn’t faze him.

Trump loaded his proposed cabinet with billionaires, cronies and crooks, goading his opponents.

One of the Worst

Of all the unqualified and inappropriate crew of cabinet nominees, Puzder was one of the worst. As the CEO of the parent company of the Hardee’s and Carl’s Jr. fast-food chains, he has both personal and political beliefs that clash with public values. He opposes raising the minimum wage or requiring that restaurants pay servers the same minimum wage as other workers earn and he routinely violated labor laws at his own restaurants. He behaves in a sexist way and defends the sexist behavior of his subordinates. And yet had he become the next Labor secretary, he would have been required to enforce the labor laws he flouts.

It’s no surprise that low-wage workers and the labor movement found Puzder unacceptable. Ahead of his scheduled Senate hearings, thousands of workers — including people who work at Puzder’s own restaurants — protested the nominee in front of Hardee’s and Carl’s Jr. restaurants from coast to coast.

Puzder has also enraged women and advocates over his use of sexualized images of women in Carl’s Jr. ads. In his own words: “We believe in putting hot models in our commercials, because ugly ones don’t sell burgers.”

Saru Jayaraman, Executive Director of Restaurant Opportunities Centers (ROC) United, said on Democracy Now!,

You’ve seen these ads of Carl’s Jr. restaurants in which they have nearly naked women holding up burgers in front of their breasts or lying on the floor eating a burger or feeding burgers to each other in naked positions. And then you look at the data from our report and other reports showing that young women, often very young women, 16-, 17-, 18-year-old girls, were harassed, grabbed, assaulted in various ways, as I said, told by customers, “Why aren’t you dressed like the girls in the ads?”

(ROC United is an affiliate of People’s Action.)

In Trouble from the Beginning

Puzder’s nomination was in trouble from the beginning. His hearing was postponed at least four times because the nominee failed to provide required paperwork to the Senate Health, Education, Labor and Pensions (HELP) Committee.

What eventually forced Trump to demand Puzder’s withdrawal was the growing opposition to Puzder’s nomination among some GOP senators. Those Republicans were angered, not by his sexism and abuse of working people, but his hiring of an undocumented woman to clean his home. Politico reports that some close Trump advisor’s didn’t fully back Puzder’s nomination because he supported moderate immigration reform.

Puzder’s anti-worker behavior should disturb every American. Over the past few years, amid rising inequality, the plight of low-wage workers has become a central issue in economic debates. There’s broad support for increasing the minimum wage nationally to begin to address the stagnation of real wages. In state after state, voters have approved ballot initiatives that boosted the minimum wage within their borders, and in Seattle, Los Angeles and now New York State, voters have embraced a pay floor of at least $15 per hour.

Opposition to Puzder generated an organized barrage of calls to senators and the White House, petitions, protests and more. The repeated delays of his confirmation hearing might have hurt Puzder as well. Senate Republicans tried to rush all the cabinet confirmations because they knew due diligence and scrutiny would expose the questionable records of Trump’s team. As the delay dragged on,  more and more revelations, like the damning tape of his ex-wife appearing in disguise on the Oprah Winfrey show describing how Puzder physically abused her, came to light. (She later retracted the charges and said she regretted her Oprah appearance.)

No Accident

It’s no accident that Puzder bowed out just two days after National Security Adviser Gen. Mike T. Flynn’s resignation. The Trump administration’s confidence is shaken. GOP unanimity is broken. Just last week, Trump’s Education Secretary, Betsy DeVos, couldn’t be confirmed without Vice-President Mike Pence’s tie-breaking vote when two Republicans voted against it.

Thousands of local protests as part of the #ResistTrumpTuesdsays campaign and in response to the outrageous immigration orders have fueled public rage against the administration and its supporters. Boycotts of Uber, Disney, Tesla and other corporations cooperating with Trump’s economic agenda have also alarmed business leaders.

Plus, the past two weeks have GOP senators feeling the heat as their constituents have showed up at town halls meetings and Senate offices demanding opposition to dismantling Obamacare and Trump’s crooked cabinet.

All of that pressure brought on Puzder’s demise. The people sent him packing.

Within a day of Puzder’s bowing out, Trump named Alexander Acosta, dean of Florida International University College of Law, as his new nominee for Labor secretary. Acosta is sure to also get strong scrutiny from people who work for a living and their advocates.

The people have begun to slow the momentum of the Trump/GOP anti-people agenda. And the resistance to their agenda has only just begun.

This post originally appeared on ourfuture.org on February 16, 2017. Reprinted with Permission.

Libero Della Piana is the Director of Digital Organizing at People’s Action. Follow him on twitter @ldellapiana.

 

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What’s Happening to Your Health Care: 3 Things to Know Right Now

February 17th, 2017 | Shaun O'Brien

There is definitely lots of talk about how President Donald Trump and Congress are planning to make major changes to Americans’ health benefits. That’s because Trump and Republican leaders in Congress have said that repealing the Affordable Care Act is one of their top priorities. Although it is not clear when they will act or exactly what they will do, here are three things to know right now:

1. Your health benefits are at risk, no matter where you get them:

  • Medicare: A straight-up repeal of the ACA would eliminate some Medicare benefits by reinstating the full Medicare prescription drug donut hole and taking away free preventive care. House Speaker Paul Ryan (R-Wis.) is still pushing his plan to turn Medicare into a voucher system, meaning benefits would no longer be guaranteed and health costs for seniors and people with disabilities would go up dramatically.
  • Workplace Health Benefits: Kevin Brady (R-Texas), the powerful chairman of the tax writing committee in the U.S. House of Representatives, wants to tax part of the cost of workplace health benefits by including the cost in working people’s taxable income. So does the person Trump hired to be in charge of health care, Health and Human Services Secretary Tom Price. If you get your health benefits on the job, this will raise your taxes and lead to even higher deductibles and co-pays. Some employers could even cancel their health plans in response.
  • Health Insurance You Buy Yourself: Most media coverage is focused on what impact repeal of the ACA will have on the approximately 10 million people who now buy individual health coverage through the ACA’s health insurance marketplaces, often with the help of federal tax credits. A straight-up repeal of the ACA would not just take away the tax credits that help people buy health insurance. Full repeal also would eliminate the ACA’s protections that require insurance companies to treat people fairly, to give them meaningful insurance without tricks and traps, and not to discriminate against anyone because they have a pre-existing condition or even because of their gender.
  • Medicaid: Medicaid is the health plan run by states with significant federal funding that enables 74 million people to get the medical care they need. One-in-three kids in the United States get their health coverage from Medicaid or the Children’s Health Insurance Plan. Millions of seniors and people of all ages with disabilities also count on Medicaid for nursing home care and the long-term supports and services that allow them to live independently in their homes and communities. A straight-up repeal of the ACA would take health coverage away from some 11 million people who now have benefits because the ACA allowed states to expand Medicaid. Trump and Republican leaders in Congress also want to cut Medicaid for everyone who receives it by imposing new limited caps on what the federal government will contribute, even if the cost of health care keeps going up much faster than prices in the rest of the economy. That will shift costs onto states and likely force cuts in benefits.

2. People are speaking up, and that’s having an impact on Washington: Lots of people are showing up to meet with their members of Congress about health care and to let them know just how important it is to them personally. Many people are asking their members of Congress tough questions. For example, check out this article about a Tennessee high school teacher who attended a town hall and watch the video showing her tough question for Rep. Diane Black (R-Tenn.), Meet the Teacher Whose Powerful, Christian Defense of Obamacare Made a GOP Town Hall Go Viral. The hard questions and strong show of concern from voters are affecting what’s going on in Congress. What once was a mad dash to repeal the ACA right away has slowed to a crawl for the moment, and there now is a split among Republicans in Congress. While many congressional Republicans still want to repeal the ACA immediately regardless of whether they have a replacement, at least a few are saying they want to figure out what the impact will be on real people and how they might address the harm that will do.

3. We’re still waiting to hear what the plan for repealing and replacing the ACA is: In mid-January, Trump said he had a plan that was finished except for some finishing touches and that he was just waiting for Price to be confirmed by the Senate as his HHS secretary. Price was confirmed last Friday, so maybe we will see his plan soon. Congressional Republicans are still trying to figure out what their plan should be. Some Republicans want to go ahead with repeal of the ACA now and figure out whether and how they might replace it later.

This blog originally appeared in aflcio.org on February 16, 2017.  Reprinted with permission.

Shaun O’Brien works for AFL-CIO.  His interests include retirement security and health care. Follow him on twitter @ShaunOBrien30.

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BREAKING: Iowa Lawmakers Pass Sweeping Anti-Union Bill

February 17th, 2017 | David Goodner

DES MOINES, Iowa – Lawmakers in Iowa have voted to dismantle the state’s 40-year-old collective bargaining law, dramatically weakening the power of public sector labor unions and leaving some 185,000 public workers unable to bargain over benefits, healthcare, vacations, retirement, and nearly all workplace issues outside of wages.

Iowa is a right-to-work state, and the new law would prevent voluntary union dues from being deducted from a public employee’s paycheck. It would also require regular recertification votes. Police officers, firefighters and transit workers are exempt from most of the bill’s provisions.

Republican lawmakers introduced their union-busting bill on February 7 and fast-tracked it through the legislative process. Both the House and Senate, which are controlled by the GOP, approved the bill Thursday, passing the most sweeping and impactful changes to Iowa law in decades. Gov. Terry Branstad is expected to sign the bill soon.

During the 10-day stretch before lawmakers voted, Iowa saw its largest labor mobilization in years, with thousands of union members standing up, speaking out and taking action. The weekend before Valentine’s Day, workers and their families packed legislative forums and town hall meetings in districts across the state. Teachers and their allies rallied and marched at the state Capitol.

A union rally and public hearing Monday drew scores of demonstrators so dense that the Iowa Capitol was packed shoulder-to-shoulder on every floor. Firefighters wore their iconic helmets. Nurses showed up after their shifts in scrubs. Workers continued to pour into the Capitol for hours after the event started, with lines of people spilling out of the statehouse entrances. More than 4,600 people went through the Capitol security checkpoints, Radio Iowa reported. Thousands more Iowans flooded statehouse switchboards and lawmakers’ emails.

Minority Democrats in both chambers managed to briefly slow down the bill’s passage, extending debate over three days of marathon sessions and raising important questions about outside influence by corporate interests like the Koch Brothers, ALEC and Americans for Prosperity.

“We’re talking about people’s lives, their kids, and their homes,” said Candace Acord, an AFSCME member and community-based corrections officer from Iowa City. “I don’t understand what the problem is here when we just want health insurance for our families.”

“My main concern is insurance may now become so unattainable due to the cost that I may not be able to afford healthcare for me and my family,” said Lynette Halsted, an SEIU member and emergency room nurse at the University of Iowa Hospitals and Clinics. “Staffing ratios are no longer permissible subjects of bargaining, but evidence-based practice shows that the more patients a nurse has the worse the outcome can be for patients.”

The nonpartisan Iowa Policy Project weighed in with a report on the impacts of the new law, stating it will:

“exacerbate existing trends—low and stagnating wages, growing uncertainty about access to affordable health care, and increasing income inequality—that are already accelerating downward mobility for many Iowa households. And these effects are likely to disproportionately harm rural communities, low-income workers, and to threaten the quality of the health care, public safety, and public education systems upon which all Iowans depend.”

Thousands of people also submitted written comments opposing the union-busting bill.

Carrie Dodd, a junior high English teacher from rural Madrid, wrote: “My husband and I both work in school districts and we will be financially devastated if we lose our insurance, receive lower pay, and have to work more for less.”

T.J. Foley, a senior at Valley High School in Des Moines, wrote: “Union power is key to effective teachers, and effective teachers mean Iowa’s students are successful and our future as a state is secure.”

The recent demonstrations highlighted the power, however diminished, that labor still has to educate, organize, and mobilize workers and their families, and the critical role unions play in bringing every day, regular people into social justice movements.

But the future of organized labor is now more uncertain than ever, and the path forward is unclear. Many workers at the demonstrations said they believe the next step is to re-elect Democrats into the majority in 2018. That task will be even more difficult now that Iowa’s public sector unions have been severely weakened, arguably the real purpose of the new law.

There is also no guarantee a Democratic majority would restore collective bargaining rights. Democrats controlled the Iowa Senate in 2013, and collaborated with a Republican governor and House Republicans to pass the largest corporate property tax cuts in state history, cuts which caused a budget shortfall that Republicans are now using to justify their attacks on labor. Unions were unable to expand their collective bargaining rights even when Democrats held a trifecta of political power in 2008.

But workers aren’t giving up.

“We will resist and persist in the face of these neoliberal attacks,” said Naoki Izvmo, a teaching assistant and UE-COGS member at the University of Iowa. “Workers are the true source of power in society, not the law.”

This blog originally appeared at Inthesetimes.com on February 16, 2017. Reprinted with permission.

David Goodner is a writer, organizer and Catholic Worker from Iowa City. Follow him on twitter @davidgoodner.

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Workplace Fairness Applauds the Withdrawal of Andrew Puzder’s Nomination for Labor Secretary

February 15th, 2017 | Paula Brantner

Along with hundreds of workers rights organizations and millions of workers (whether they realized it or not!) Workplace Fairness is applauding the withdrawal this afternoon of Andrew Puzder’s nomination as Secretary of Labor. Puzder announced the following this afternoon (February 15):

“After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor. I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America’s workers and businesses back on a path to sustainable prosperity. I want thank President Trump for his nomination. I also thank my family and my many supporters—employees, businesses, friends and people who have voiced their praise and hopeful optimism for the policies and new thinking I would have brought to America as Secretary of Labor. While I won’t be serving in the administration, I fully support the President and his highly qualified team.”

Puzder could not have been a worse fit for the position he aspired to hold, as throughout his career, he has made his hostility to pro-worker policies abundantly clear. We can all (at least temporarily, until we see the next nominee) breathe a sigh of relief that Puzder will not be making policy decisions at the Department of Labor which will roll back workplace protections and risk workers’ lives. This stunning defeat would not have been possible but for all the working people around the country who banded together and said NO! to someone who was clearly unfit for the job.

Puzder’s withdrawal comes on the eve of his planned February 15 confirmation hearing before the Senate’s Health, Education, Labor & Pensions (HELP) Committee – the first step toward confirmation that any Labor Secretary nominee will have to face. Once Puzder was nominated, groups familiar with his anti-worker views began assembling a record of his appalling views towards and treatment of his own employees at CKE Restaurants, Inc., the parent company of Hardee’s and Carl’s Jr. fast food restaurants. It wasn’t that hard to do.

Even in an industry known for its low pay, overtime violations, sexual harassment, and health and safety concerns, CKE stood out from the rest, with about 60 percent of the U.S. Department of Labor’s investigations into CKE restaurants turned up at least one violation of the Fair Labor Standards Act. Female CKE employees reported sexual harassment at a rate 150% higher than other fast food establishments.

Puzder’s response was to blame his franchisees, yet the amount of control CKE exercised over its franchisees in virtually every respect but employment policies was clearly an effort to avoid legal liability. CKE’s official response:  “We’d like to offer a reminder that CKE Restaurants is nearly 95 percent franchised. Each of these 2,769 franchise stores are run independently and solely responsible for their employees, management and adherence to regulations and labor practices.” It’s very convenient for CKE to disavow all liability when it comes to adhering to employment laws, when it exerts control over virtually every other aspect of its operations.

Puzder has also been very vocal about his contempt for his own workforce and active in an industry group that lobbied hard against legal protection for workers. In 2011, he was quoted, when speaking about the Hardee’s workforce, as saying “you’re hiring the best of the worst. You know, it’s kind of the bottom of the pool. And at Hardee’s it was so bad, we were hiring the worst of the worst and hoping they would stay.” He also once mused about replacing his workers with robots, in a March 2016 interview with Business Insider. Of automated replacements to real live workers, he said “They’re always polite, they always upsell, they never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex, or race discrimination case.”

A place I frequent – which employs only real live humans – has a sign with this statement. This seems appropriate for the CKE workforce as well, except that some of these things are very predictable when you violate the law and mistreat workers.

If all that Puzder had working against him was his anti-worker hostility, in all honesty, he probably would have been easily confirmed. After all, Betsy DeVos was just approved as Secretary of Education despite her documented history of hostility to public education and lack of any experience working in the education field. At least Puzder had some experience with labor and employment laws, if only to violate them and constantly decry their enforcement. But between ethics concerns over how he would divest his CKE Restaurant holdings, his recent admission that he had hired an undocumented worker and not paid her payroll taxes while claiming he thought she had a legal working status, and allegations of domestic violence raised by his ex-wife during their divorce and custody proceedings, Puzder’s nomination was ultimately doomed.

Workplace Fairness was part of a coalition of over 100 groups nationwide in opposition to the Puzder nomination. The coalition, led by the National Employment Law Project and Jobs with Justice, ensured that Puzder’s record of extreme hostility to the rights of workers it would be his job to protect came to light and that workers who would be most impacted by Puzder’s views were equipped with the ability to speak out in response.  A rally planned in opposition to Puzder before his planned February 15 hearing is now a victory celebration.

We will have to wait and see who the next Labor Secretary nominee will be. Will it be someone with views as extreme as Puzder’s, but without such a paper trail? Or will an Administration that has claimed to support the rights of working people actually nominate someone who believes in those rights? Time will tell, but today we celebrate a hard-fought victory by workers’ advocates to prevent the #AntiLaborSecretary from taking office.

Paula Brantner recently stepped down as Executive Director of Workplace Fairness after serving in that position since 2008. She served as the Workplace Program Director from 2003 to 2007, writing legal content for the Webby-nominated site www.workplacefairness.org. Paula was the Program Director for Working America, the community affiliate of the AFL-CIO, and the Working America Education Fund, from 2007-2008. From 1997-2001, she was the senior staff attorney at the National Employment Lawyers Association (NELA), heading NELA’s amicus, legislative/policy, and judicial nominations programs. An employment lawyer for over 23 years, Brantner has degrees from UC-Hastings College of the Law and Michigan State University’s James Madison College. She continues to advise the organization on website strategy and content and oversee WF’s 0.1.2.3 Content Licensing for Legal Websites program through her business PB Work Solutions, LLC.

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Trump’s Labor pick hasn’t even had a hearing yet and his confirmation is in serious jeopardy

February 15th, 2017 | Casey Quinlan

The fight against President Donald Trump’s pick for secretary of the U.S. Department of Labor, fast food CEO Andy Puzder, is shaping up to be as intense as opposition to Betsy DeVos’ nomination for education secretary. Puzder’s long delayed confirmation hearing is set for Thursday, and a few Republican senators are already signaling they may vote against him.

Sen. Susan Collins (R-ME), Sen. Lisa Murskowski (R-AK), Sen. Tim Scott (R-SC), and Johnny Isakson (R-GA) are withholding their support of his nomination. Sen. Elizabeth Warren (D-MA) made it clear through a 28-page letter with 83 questions for Puzder that she will ensure his confirmation process will be a knock-down, drag-out fight. Other prominent Democrats have spoken out against his record as an employer, and Senate Minority Leader Chuck Schumer (D-NY) has called on President Trump to withdraw Puzder’s nomination.

DeVos ultimately squeaked through a Senate floor debate, but only after an unprecedented tie-breaking vote from Vice President Mike Pence. For weeks before that vote, thousands of people flooded Senate offices with calls against her nomination, and teachers and their allies protested.

Two Republican senators, Sen. Collins and Sen. Murkowski, who now represent half of the Republican senators withholding support for Puzder, voted against her confirmation. Now that twice as many Republicans have already voiced apprehension regarding Puzder, his chances of being confirmed appear even lower.

In her letter, Warren mentioned his “record of prolific labor law abuses and discrimination suits” and “a sneering contempt for the workers in your stores, and a vehement opposition to the laws you will be charged with enforcing.”

Puzder’s CKE Restaurants, which owns fast food restaurants such as Hardee’s and Carl’s Jr., has been the subject of class action lawsuits over the denial of overtime pay as well as lawsuits accusing the company of discrimination. Workers also allege that they were fired for protesting as part of the Fight for 15 campaign.

ROC United, a restaurant employee advocacy group, released a report last month showing that many of the over 500 workers surveyed experienced sexual harassment and unsafe conditions working at CKE restaurants. Sixty-six percent of female CKE employees said they had experienced sexual harassment at work, compared to 40 percent of women who reported such incidents across the entire industry. Puzder has also opposed a $15 per hour minimum wage.

Puzder’s nomination has also been plagued with reports of domestic abuse against his first wife, Lisa Fierstein. On Tuesday, a Missouri judge will rule on whether to unseal records from Puzder’s 1987 divorce, just two days before the nominee’s confirmation hearing. Republican and Democratic senators have also received a tape from the Oprah Winfrey Network that shows a 1990 episode titled, “High-Class Battered Women,” in which Fierstein appeared to discuss the alleged domestic abuse. Fierstein has since retracted the domestic abuse allegations.

Collins has seen the tape, according to Bloomberg, and said, “I am reviewing the other information that has come to light and I’m sure all of this has been explored thoroughly.”

Like the teachers unions that opposed DeVos, which often work with the Fight for $15 campaign, labor groups also have the power to galvanize opposition to Puzder. Last Thursday, thousands of workers protested against his nomination across the U.S., a spokesman for the Fight for 15 campaign told The New York Times. Some of the protesters demonstrated at Carl’s Jr. and Hardee’s locations.

The passionate response to DeVos’ nomination, and eventually confirmation, may also be owed to the broad appeal of protecting public school funding, since plenty of middle class Americans of all political stripes send their kids to public schools or know someone who is a teacher. There is a possibility that a broad swath of Americans would similarly oppose a nominee for labor secretary whose record suggests that he will trample on labor protections.

This blog originally appeared at Thinkprogress.org on February 14, 2017. Reprinted with permission.

Casey Quinlan is an education reporter for ThinkProgress. Previously, she was an editor for U.S. News and World Report. She has covered investing, education crime, LGBT issues, and politics for publications such as the NY Daily News, The Crime Report, The Legislative Gazette, Autostraddle, City Limits, The Atlantic and The Toast.

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Working People and Their Unions Rally to Support Members Affected by Travel Ban

February 14th, 2017 | Virginia Myers

“I was fortunate enough to have the support of a union, and I was a member of a union. And I think in this situation, I’m convinced more than ever how important the unions are. And I just wanted to mention that I know here in New York there are so many students from private universities who have been trying to and fighting to get their right to have a union, and the administration of the universities are denying them this right.” – Saira Rafiee

Faculty, staff and students studying and teaching in the United States have been scrambling since Donald Trump barred entry into the country for foreign nationals from seven majority-Muslim countries. Although the executive order has been temporarily blocked by court order, the matter remains a moving target as the White House challenges the rulings — and the legitimacy — of the courts.

The AFT has many members who have been and could be shut out of the country or prevented from traveling under the Jan. 27 executive order. For example, Saira Rafiee (pictured), a doctoral student of political science at the Graduate Center, City University of New York and member of the Professional Staff Congress/AFT Local 2334, was among those who were blocked from entry during the chaotic initial week of implementation. While attempting to return from vacation in Iran to visit her family during winter break, she was detained for 18 hours in Abu Dhabi before being sent back to Tehran.

Despite the uncertainty about her own future, Rafiee conveyed on Facebook that her main concern was for others, including a student in the United States who had to cancel a last visit with a sister who has cancer in Iran. Her sister has since died. There also are students doing fieldwork for dissertations that have taken years to research; whether they will be able to return to their work is undetermined. “These stories are not even close in painfulness and horror of those who are fleeing war and disastrous situations in their home countries,” wrote Rafiee, whose CUNY colleagues rallied to #GetSairaHome at the Brooklyn courthouse Jan. 30.

Read Rafiee’s Jan. 29 Facebook post:

Rafiee returned to the United States Feb. 4 to a rousing welcome from CUNY student activists, lawyers from CUNY’s Citizenship Now program, family members and others who had worked to make her return possible. “Union support matters,” said PSC President Barbara Bowen. “Hundreds of PSC members responded to the union’s call for messages urging action on Saira’s case, helping to focus public attention on her case. Collective action worked.”

If reinstated, the executive order would temporarily ban entry to the United States for all citizens of Iran, Iraq, Libya, Somali, Sudan, Syria and Yemen. The ban is widely seen as an attempt to ban Muslims from the U.S., a religious ban that would be constitutionally prohibited. Acting U.S. Attorney General Sally Yates was fired for refusing to enforce the ban, which she determined was illegal. Courts have challenged the new policy, but border agents reportedly ignored court orders. Details of enforcement have been confusing at best.

In addition to the turmoil academics and other travelers have experienced, another aspect of the order would suspend all refugee admittance for 120 days and turn away desperate families seeking safe haven from war and violence. These refugees already have gone through extensive, often years-long approval processes, yet these families risk being sent back to refugee camps.

The AFT is distributing information and resources on these executive orders and offering some legal advice for foreign nationals from the affected nations.

Rafiee wrote:

The first quote above from Saira Rafiee was provided via an interview with Democracy Now.

This blog originally appeared in aflcio.org on February 10, 2017.  Reprinted with permission.

Virginia Myers is a writer/editor for the American Federation of Teachers (AFT).

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Make American Jobs

February 13th, 2017 | Leo Gerard

President Donald Trump had Harley-Davidson executives and employees over to lunch at the White House last week and reiterated his promise to end wrong-headed trade policies that enable foreign countries to eat American workers’ lunch.

Trump reassured the Harley workers from the United Steelworkers (USW) union and the International Association of Machinists (IAM) that he would renegotiate NAFTA and other trade deals.

“A lot of people [have been] taking advantage of us, a lot of countries [have been] taking advantage of us, really terribly taking advantage of us,” he said as news cameras clicked. “We have to be treated fairly.”

No promise could be more heartening to workers as corporations like Carrier and Rexnord continue to move jobs to Mexico. No news could be better in the same week that the Economic Policy Institute (EPI) released research showing that since 2001, the United States’ massive trade deficit with China cost 3.4 million Americans their jobs.

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Workers, families and communities have suffered as trade and tax policy over the past quarter century encouraged corporations to off-shore factories and jobs. Flipping that philosophy to favor American workers and domestic manufacturing is exactly what labor organizations like the USW have long fought for. If Trump actually achieves that, all Americans will benefit.

In the meantime, Rexnord Corp. has finalized plans to uproot its bearings manufacturing machines in Indianapolis, transport the equipment to Mexico and throw 300 skilled and dedicated workers, members of my union, the USW, into the street. Terminations begin Feb. 13.

Automation did not take these workers’ jobs. The lure of dirt-cheap wages in Mexico and tax breaks awarded for the costs of moving jobs and machinery stole them.

Trump talked to the Harley workers and executives about changing tax policy. Ending all special tax deals and loopholes that corporations like Rexnord and Carrier use for shuttering American factories and shipping them to other countries would be a good first step. U.S. policy shouldn’t reward corporations like Rexnord and Carrier that profit from exploiting the international wage race to the bottom and the wretched environmental regulation of emerging nations.

Harley-Gerard-OurFuture

Caption: Photo by Vlad/Flickr

The next logical step would be establishing consequences for those corporations — like requiring them to pay substantial economic penalties if they want access to the U.S. market for their once-domestic and now foreign-made products.

In addition, American policy must be —  just as Trump promised in his campaign — to stop trade law violators who are trampling all over American workers.

The EPI study detailed the devastation caused by the worst violator — China. American workers and companies can compete on a level playing field with any counterpart in the world. But the EPI study shows just how much American workers and their employers suffer when the United States fails to strictly enforce international trade law.

Of the 3.4 million jobs lost between 2001 and 2015 because of the U.S. trade deficit with China, EPI found that nearly three-quarters of them, 2.6 million, were manufacturing jobs. Every state and every congressional district was hit. These are jobs fabricating computer and electronic parts, textiles, apparel and furniture.

Manufacturing jobs such as these provide family-supporting wages and benefits such as health insurance and pensions. As these jobs went overseas, American workers’ income stagnated while those at the top — executives, 1 percenters and corporate stockholders — benefited.

As the rich got richer, the EPI researchers found, all non-college educated workers lost a total of $180 billion a year in income.

When the United States agreed to allow China into the World Trade Organization (WTO) in 2001, former President Bill Clinton said the access that the deal provided American companies to the gigantic Chinese market would create jobs. Promises, promises.

It’s possible no one guessed just how massively China would violate the trade rules it agreed to abide by under the WTO pact. Numerous investigations by the Department of Commerce have found China improperly subsidizes its exports by providing artificially cheap loans, free land, and discounted raw materials and utilities. To keep its workers employed, China helps finance overproduction in industries like steel and aluminum, then dumps the excess at below-market prices in the United States, bankrupting mills and factories here.

China pirates innovation, software and technology from foreign producers. To steal trade secrets, its military hacked into the computers of American corporations and the USW. In addition, China has manipulated the value of its currency so that its exports are artificially cheap and imports from the United States are artificially expensive.

Even if the scale of violation was underestimated, when it occurred, the American government had a responsibility to take action, to file trade cases, to take issues before the WTO, to negotiate to bring China in line with international standards and protect American jobs and preserve domestic manufacturing, which is crucial to national defense.

Precious little of that occurred. The trade deficit with China exploded, obliterating American jobs — a quarter million on average every year since China joined the WTO in 2001. China exports to the United States its overproduced aluminum, steel and other commodities, but also its unemployment.

After that lunch, Trump thanked Harley-Davidson for assembling its iconic motorcycles in America. He extended his hand in aid, saying, “We are going to help you, too. We are going to make it really great for business, not just for you, but for everybody. We are going to be competitive with anybody in the world.”

American workers and domestic manufacturers already are competitive. What they need is a government that doesn’t require them to compete with a handicap so huge that it’s like asking Evel Knievel to jump his Harley-Davidson XR 750 over 19 cars without a ramp. What they need is tough action against corporations that renounce their birthplace for profit and against flagrant, job-stealing trade violators like China.

This post originally appeared on ourfuture.org on February 7, 2017. Reprinted with Permission.

Leo Gerard is the president of the United Steelworkers International union, part of the AFL-CIO. Gerard, the second Canadian to lead the union, started working at Inco’s nickel smelter in Sudbury, Ontario at age 18. For more information about Gerard, visit usw.org.

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Groundbreaking Bill in Illinois Would Give Temp Workers Equal Pay and Rights as Direct Hires

February 13th, 2017 | Jeff Schuhrke

Sweeping legislation introduced in the Illinois state legislature last month would dramatically improve pay, benefits and working conditions for almost a million of the state’s temp workers toiling in factories, warehouses and offices.

The Responsible Job Creation Act, sponsored by State Rep. Carol Ammons, aims to transform the largely unregulated temporary staffing industry by introducing more than 30 new worker protections, including pay equity with direct hires, enhanced safety provisions, anti-discrimination measures and protection from retaliation.

The innovative law is being pushed by the worker centers Chicago Workers’ Collaborative (CWC) and Warehouse Workers for Justice (WWJ), which say it would restore the temp industry to its original purpose of filling short-term, seasonal labor needs and recruiting new employees into direct-hire jobs.

Across Illinois, there are nearly 850,000 temp workers every year. Nationally, temp jobs are at record highs, with more than 12 million people flowing through the industry per year.

“Instead of temps just replacing people who are sick or coming during periods of higher production, they’re actually becoming a permanent staffing option,” says CWC executive director Tim Bell. “There’s nothing ‘temporary’ about it.”

Mark Meinster, executive director of WWJ, says there has been “an explosion” of temp workers in recent decades, especially in manufacturing and warehousing. “Those sectors are part of large, global production networks where you see hyper competition and an intense drive to lower costs. Companies can drive down labor costs by using temp agencies.”

CWC activist Freddy Amador worked at Cornfields Inc., in Waukegan, for five years. He tells In These Times the company’s direct hires start off making at least $16 an hour, but later get raises amounting to $21 an hour. As a temp, however, Amador was only making $11 an hour after five years on the job.

“As a temp worker, you don’t have vacation days, sick days, paid holidays”—all of which are available to direct hires, Amador says.

In These Times reached out to Cornfields to comment on this story. It did not immediately respond.

“Once a company is using a temp agency, it no longer has to worry about health insurance, pension liability, workers’ comp, payroll and human resources costs,” Meinster explains. “It also doesn’t have to worry about liability for workplace accidents, wage theft, or discrimination because, effectively under the law, the temp agency is the employer of record.”

This arrangement drives down standards at blue-collar workplaces, Bell says. “The company itself doesn’t have to worry about safety conditions because these workers aren’t going to cost them any money if they’re injured.”

“The safety for temp workers is really bad,” Amador says. “Temp agencies send people to do a job, but nobody trains them. Sometimes temp workers are using equipment they don’t know how to use, and they’re just guessing how to use it. I’ve seen many accidents.”

Under the new bill, temps like Amador would receive the same pay, benefits and protections as direct hires.

“This is landmark legislation,” Bell says. “There’s nothing like it in the United States.”

Last year, the Center for Investigative Reporting found a pattern of systemic racial and gender discrimination in the temp industry nationwide. Industry whistleblowers allege that African-American workers are routinely passed over for jobs in favor of Latinos, who employers consider to be more exploitable.

Discrimination can be hard to prove because staffing agencies aren’t required to record or report the demographics of who comes in looking for work. As Bell explains, applications often aren’t even filled out in the temp industry, but rather “someone just shows up to go to a job.”

The new bill would require temp agencies to be more transparent about their hiring practices by recording the race, gender and ethnicity of applicants and reporting that information to the state.

Furthermore, the bill includes an anti-retaliation provision that says if temp workers are fired or disciplined after asserting their legal rights, the burden is on the company and temp agency to prove that it was not done in retaliation.

“There’s this fundamental imbalance in the labor market that leads to a whole range of abuses and then non-enforcement of basic labor rights,” Meinster explains. “The changes we’re proposing in this bill get at addressing that structural issue.”

To craft the bill and get it introduced, CWC and WWJ received research and communications support from Raise the Floor Alliance, a coalition of eight Chicago worker centers. The Illinois AFL-CIO, National Economic and Social Rights Initiative, National Employment Law Project, Latino Policy Forum and Rainbow Push Coalition are among the legislation’s other supporters.

Though the Illinois government is still paralyzed by an unprecedented budget stalemate between the Republican governor and Democratic legislature, organizers are optimistic about the bill’s prospects.

“There’s potential for huge movement around this bill,” Bell says, citing the popularity of the presidential campaigns of Bernie Sanders and Donald Trump, which both touched on the theme of economic insecurity. While Trump focuses on jobs fleeing the country, Bell notes that “jobs here in this country have been downgraded.”

“We need to be talking about job quality, not only ‘more jobs.’ Both are important,” Meinster says. He believes existing temp jobs “could and should be good, permanent, full-time, direct-hire, living wage jobs with stability, respect and benefits.”

The author has worked with WWJ in the past on issues related to the temp industry.

This blog originally appeared at Inthesetimes.com on February 9, 2017. Reprinted with permission.

Jeff Schuhrke is a Working In These Times contributor based in Chicago. He has a Master’s in Labor Studies from UMass Amherst and is currently pursuing a Ph.D. in labor history at the University of Illinois at Chicago. He was a summer 2013 editorial intern at In These Times. Follow him on Twitter: @JeffSchuhrke.

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