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Archive for April, 2017

Thousands of Piece Rate Workers in California’s Salon Industry Are Likely Owed Unpaid Wages

Thursday, April 20th, 2017

Salon owners in California who pay employees on commission are subject to liability for failing to pay all wages due.  Under California law, “commissions” are a form of wages applicable only to an employee who sells a product or service, not to an employee who makes a product or provides a service to the employer’s customers.  Keyes Motors v. DLSE 197 Cal.App.3d 557 (1987). Salon employees in California whose job is to cut and/or color hair, must therefore be paid on an hourly basis, a piece rate basis, or a combination of those.  Salon technicians who have been paid on a typical net commission basis are likely due unpaid wages and statutory penalties.

Piece Rate Wages for Hair Stylists and Colorists

California Assembly Bill 1513 (AB 1513) went into law on January 1, 2016, adding section 226.2 to the California Labor Code to address compensation for piece rate work.  Piece rate workers are paid according to the number of units they complete.  Piece rate units might be defined by the numbers of widgets assembled by a factory worker, the number of cars washed by a car washer or the number of haircuts given by a barber or cosmetologist.

AB 1513 did not create new wage obligations, but instead codified the legal obligations described in two important appellate decisions that addressed the wages of piece rate workers back in 2013: Gonzales v. Downtown LA Motors, 215 Cal. App. 4th 36 (2013) and Bluford v. Safeway, Inc., 216 Cal. App. 4th 864 (2013).

In Gonzales, the court held that mechanics who worked on a piece rate basis must be paid for their non-productive time (time during a shift when the worker was not actively engaged in compensable work). An employer, the court explained, cannot average the wages worked by an employee to show that the employee received at least minimum wage for all hours she was under the employer’s control.  The employer must pay no less than the applicable minimum wage for every minute an employee is under its control, including time when no compensable work is being performed under a piece rate system.

In Bluford, the court held that piece rate workers must also be paid separately for rest periods because rest periods under California law are deemed on-the-clock, compensable work time.  If a piece rate worker is only paid by the unit, then she is not being compensated for rest periods in accordance with California law.

So, although AB 1513 did not modify the duties described in the Gonzales and Bluford cases, it provided employers a “safe-harbor” period during which the employer could take steps to limit its liability to certain types of claims or lawsuits arising out of its misclassification of technicians as commissioned employees.  To take advantage of the safe harbor protections, however, the employer was required to:  (1) notify the California Department of Industrial Relations no later than July 1, 2016 that it would pay wages due to employees who had not been compensated for non-productive time or rest periods (back to July 1, 2012); and (2) make the wage payments no later than December 15, 2016.  Many piece rate employers failed to take advantage of these safeguards. A list of employers who notified the DIR of their intention to participate in the safe harbor provision can be found at the DIR website.

Labor Code § 226.2, the product of AB 1513, places specific duties on employers of piece rate workers including:

(a) For employees compensated on a piece-rate basis during a pay period, the following shall apply for that pay period:

(1) Employees shall be compensated for rest and recovery periods and other nonproductive time separate from any piece-rate compensation.

(2) The itemized statement required by subdivision (a) of Section 226 shall, in addition to the other items specified in that subdivision, separately state the following, to which the provisions of Section 226 shall also be applicable:

(A) The total hours of compensable rest and recovery periods, the rate of compensation, and the gross wages paid for those periods during the pay period.

(B) Except for employers paying compensation for other nonproductive time in accordance with paragraph (7), the total hours of other nonproductive time, as determined under paragraph (5), the rate of compensation, and the gross wages paid for that time during the pay period.

(3)          (A) Employees: shall be compensated for rest and recovery periods at a regular hourly rate that is no less than the higher of

(i) An average hourly rate determined by dividing the total compensation for the workweek, exclusive of compensation for rest and recovery periods and any premium compensation for overtime, by the total hours worked during the workweek, exclusive of rest and recovery periods.

(ii) The applicable minimum wage.

(B) For employers who pay on a semimonthly basis, employees shall be compensated at least at the applicable minimum wage rate for the rest and recovery periods together with other wages for the payroll period during which the rest and recovery periods occurred. Any additional compensation required for those employees pursuant to clause (i) of subparagraph (A) is payable no later than the payday for the next regular payroll period.

These statutory mandates codify the wage rights set out in Gonzales and Bluford.  Given the common salon industry practice of paying stylists and colorists as commissioned employee, it is likely that thousands of salon employees in California have been underpaid during the past four years.

Salon Class Action

In early 2016 Kitchin Legal filed a class action lawsuit (on behalf of 231 employees) against five jointly-owned Northern California hair salons.  The case is based on the salons’ alleged failure to abide by a wide range of California employment laws, including Labor Code § 226.2.  After months of negotiations and the exchange of thousands of lines of employee data, our clients entered into a proposed class-wide settlement valued at over $1 million.  We are now in the process of seeking court approval for the class action settlement.

Top Rated San Francisco Salon

In late 2016 Kitchin Legal filed an individual lawsuit on behalf of a stylist against one of the top ranked hair salons in San Francisco. [The lawsuit is based on the salon’s alleged violations of several California wage and hour laws, including Labor Code § 226.2.]  The salon owner, who either was ignorant of the law, or chose to ignore his legal duties, is facing a six-figure wage claim, one of the largest components of which is based on the allegation that our client was improperly paid as a commissioned employee.

Risk and Consequences

For Salon Owners

Nearly every year California passes new legislation or enacts new regulations pertaining to the duties of employers to their workers. Employers who do not have a sophisticated human resources professional on staff or a competent employment attorney on retainer to help them keep abreast of these changes can become particularly vulnerable to employment-related claims.

An employer who decides to risk non-compliance with any aspect of California’s employment laws can face significant financial consequences, including a class action lawsuit by a group of employees.  The worst decision a salon owner can make is to remain ignorant of California labor laws or to ignore its legal obligations hoping its employees will not challenge its illegal practices through a lawsuit.

The best decision a salon owner can make at any time is to have a skilled California employment attorney review its policies and practices for compliance with California labor laws, including in particular, Labor Code § 226.2.

For Salon Employees

The biggest risk facing an employee whose compensation rights have been violated is delay.  All of these claims are governed by specific statutes of limitations.  Employees can generally seek recovery of unpaid wages for up to four years (under California’s unfair completion laws).  Once the statute of limitations runs on a claim, it is gone forever, however.   Salon employees who have been paid as commissioned employees and who have not been paid separately for non-productive time and rest periods should talk with an employment attorney right away.

Patrick R. Kitchin is the founder of Kitchin Legal APC, a San Francisco, California employment law firm. He has represented tens of thousands of employees in both individual and class action cases involving violations of California and federal labor laws since founding his firm in 1999. According to retail experts and the media, his wage and hour class actions against Polo Ralph Lauren, Gap, Banana Republic, and Chico’s led to substantial changes in the retail industry’s labor practices in California. Patrick is a graduate of The University of Michigan Law School and is personally and professionally committed to the protection of workers’ rights everywhere.

Leaked Trump administration plan to close Chicago EPA office puts 1,000 jobs at risk

Wednesday, April 19th, 2017

President Donald Trump’s proposed cutbacks to the Environmental Protection Agency may include the closure of the agency’s regional office in Chicago, a move that could undermine the agency’s ability to monitor pollution in the Great Lakes and curtail its ability to implement enforcement actions against coal-fired power plant owners in the six-state region.

The workforce for the Chicago Region 5 office would be consolidated with the EPA office in Kansas, the Chicago Sun-Times reported, citing anonymous sources. Trump’s budget chief Mick Mulvaney singled out the EPA as a target for budget cuts and the agency, under the leadership of former Oklahoma attorney general Scott Pruitt, was tasked with choosing two regional office for closure by June 15. The identity of the other regional office has yet to be disclosed.

“This decision doesn’t make sense from an efficiency standpoint. Instead, this decision makes sense from an ideological standpoint,” Nicole Cantello, the head of the union representing agency employees in the region, told ThinkProgress. She received leaked information about the possible closure of the regional office and believes it accurately represents the intentions of the Trump administration.

Cantello, who also works as a lawyer in the EPA Region 5 office, added: “If you wanted to drive a stake through the heart of EPA enforcement and EPA’s ability to protect the country, this would be one way of doing it.”

News about the Trump administration’s plans to close the Chicago EPA office leaked the same week the agency discovered a potentially carcinogenic chemical had spilled from a U.S. Steel facility in Indiana into a tributary of Lake Michigan. U.S. Steel reported last Tuesday that it leaked an unknown amount of wastewater containing hexavalent chromium into a waterway in Portage, Indiana, within 100 yards of the lake.

The Region 5 office oversees environmental protection in six states surrounding the Great Lakes: Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. “It would be devastating to environmental protection in Region 5, the office that is the steward of the Great Lakes,” Cantello insisted.

A bipartisan group of lawmakers from the region are pushing back against the Trump administration’s proposal to eliminate the Great Lakes Restoration Initiative. In a March 30 letter to House appropriations committee leaders, the members of Congress explained the initiative “is showing real and measurable results, but there is still a great deal of work to do.”

EPA employees and environmental activists gather in Chicago on Feb. 6, 2017, to protest Scott Pruitt’s nomination as EPA administrator. CREDIT: AP Photo/Carla K. Johnson

Consolidating the two regions would make EPA Region 7, located in Kansas City, Kansas, the largest regional office in the nation, covering 10 states. Region 5 has expertise in dealing with the states in the upper Midwest and a deep knowledge of Great Lakes protection. “That expertise would be completely lost,” Cantello said.

Region 5 has only 500 employees, while Region 7 employs 1,000 staffers. “You could imagine how 500 people would be able to handle all the issues going on in 10 states,” she said. “It would be virtually impossible. Therefore, it would put people’s lives at stake. For the people who live in the six states, there won’t be an environmental cop on the beat.”

Under the administration’s plan, 3,000 EPA employees nationwide would lose their jobs. Closing the Chicago office, and eliminating its 1,000 positions, would help accomplish that goal. Whether any employees would be transferred to the Kansas office is unknown. But the EPA regional office in Kansas does not have adequate space to accommodate hundreds of new employees, Cantello said.

Rep. Dan Kildee (D-MI), whose congressional district includes the city of Flint, called reports of the proposed closure of EPA’s Chicago a “misguided” move that would jeopardize federal resources to help Flint recover from its water crisis.

“If true, the closure of the EPA’s Region 5 office —which serves Michigan and other states in the Great Lakes region—is very concerning,” Kildee said in an emailed statement. “EPA efforts to protect the Great Lakes through the successful Great Lakes Restoration Initiative are also critical to reduce pollution run-off and combat the threat of invasive species like Asian carp.”

EPA employees rallied in early February against the impending confirmation Pruitt as EPA Administrator, in what was the first protest by federal workers against the Trump administration. Roughly 300 people—a third of whom work for the agency—took to the street outside the agency’s Chicago regional office.

With the latest leaked information about the possible closure of the Region 5 office, Cantello said her union plans to work with members of Congress from the six states to fight back against the closure of the Chicago office.

The Trump administration plans to focus on regional offices for job cuts, not the EPA’s headquarters in Washington, D.C. Along with Chicago, employees housed in other regional offices are fighting back against the administration’s plans to gut the agency. In the EPA Region 3 office, the mood “is fear, dread,” Marie Owens Powell, an EPA enforcement officer and a local union leader, told National Public Radio’s Morning Edition.

The Philadelphia office employees hope they can persuade their representatives to save the EPA and convince friends and family to speak out in defense of the agency’s work, the union leader said. A recent poll by Quinnipiac University showed a large majority of U.S. voters oppose cutting EPA’s budget.

The proposed budget cuts are like nothing Cantello has seen in her 27-year career at the EPA. “I’ve been through many presidential transitions and have never seen this type of animosity toward our staff and animosity toward our mission,” she said. “George W. Bush, even though there were some things around the edges he wanted to do that were from a conservative bent, generally supported our mission.”

The Trump administration wants to let the states take over many of the duties of the EPA. “This idea that the states do the same work of the folks in the region is a fallacy supported by some Republicans but is not something that is a reality on the ground,” Cantello said. “The notion that there is duplication between what we do and what the states do is not reflected in reality. All the enforcement we do is requested by the states because they can’t do the work we do.”

In the six-state Midwest region, where coal-fired power plant capacity retains a sizable share of the electric power generating mix, the EPA Region 5 office has pending cases against coal plants for violations. “We don’t know if we will be allowed to follow through with those cases,” she explained. “We already have some cases on the docket against coal-fired power plants. We may not be able to get the cuts in environmental pollution that we would get under a regular course of business.”

This article was originally posted at Thinkprogress.org on April 17, 2017. Reprinted with permission.

Mark Hand is a climate reporter for Think Progress. Contact him at mhand@americanprogress.org.

The Plan Behind a Chicago Project to Lift Up Working People

Tuesday, April 18th, 2017

Manufacturing jobs have been on a steady decline for several years because of trade deals, technological advancements and economic recessions. Despite this, manufacturing remains one of the most important sectors of the U.S. economy, employing more than 12 million workers, or about 9% of the total U.S. employment.

American cities continue to spend billions each year to buy major equipment, such as buses and railcars for public transportation systems. This spending has the potential to support tens of thousands of good manufacturing jobs. According to the Institute for Women’s Policy Research, there will be 533,000 good middle-skill manufacturing jobs available over the next decade.

Jobs to Move America is working with labor, business, community and governmental groups around the country to ensure money spent on building transportation infrastructure is also used to promote equity and bring manufacturing jobs back to the United States. The organization also is advocating for workforce development and training programs that prepare working people for high-skilled careers that will help them succeed in the 21st-century economy.

Jobs to Move America and community partners recently managed to ensure a project in Chicago will create good jobs and long-term economic opportunities for the community. JMA worked with the Chicago Federation of Labor, the city of Chicago and the Chicago Transit Authority for four years to ensure that the U.S. Employment Plan was included as part of the CTA’s latest $1.3 billion project, which will supply up to 846 new railcars and replace about half of the CTA’s current fleet. The employment plan is a toolbox of policy resources transit agencies can include as part of their request for proposals to encourage bus and rail manufacturers to train and create good high-skilled U.S. jobs in communities that need it most.

The company that won the contract, CRRC Sifang America committed to building a new $100 million unionized facility on Chicago’s South Side, the first in 36 years. The company will spend $7.2 million to train 300 factory and construction workers. Additionally, CRRC has signed on to a community benefits agreement guaranteeing support for South Side residents and is part of a workforce-labor-business consortium that received a $4 million Department of Labor grant to develop an apprenticeship and training program, and a pipeline into manufacturing jobs in Chicago.

The work of JMA with labor and community partners leveraged a robust manufacturing jobs program that will strengthen the middle class, stimulate increased investment in new domestic manufacturing facilities, and create opportunities for low-income communities. Most importantly, the Chicago work has set a precedent for the rest of the country, lifting up standards and creating a model for how communities and business can and should work together.

The idea behind JMA’s work is simple. There is a need to reframe the discussion about good jobs and economic prosperity away from a “cheapest is best” approach to a broader discussion about the economic impact of using taxpayer dollars to create good jobs, especially for those historically excluded from the manufacturing sector, like women and people of color.

Take, for instance, Kristian Mendoza in the Los Angeles area, a veteran who was struggling to find a good-paying job after his service. He was forced to commute to a job an hour-and-a-half each way from his home. The job paid so little he could barely afford the gas to get there and did not have the resources to take care of his two young children.

Because of the work of the JMA coalition in Los Angeles, a U.S. Employment Plan was implemented in a project of the Los Angeles County Metropolitan Transportation Authority. Part of the agreement is a community-labor partnership with Kinkisharyo, the company that won that bid. The company committed to hiring and exploring skills training for disadvantaged U.S. workers. To date, the company has exceeded its commitments, employing some 400 workers, most of whom are people of color in a unionized factory.

Mendoza is one of the 400. After struggling for years, he has been able to move out of his family’s home and into a place close to the Kinkisharyo factory.

The JMA team is now working on multiple projects across the country, monitoring the industry for upcoming opportunities to maximize public transportation dollars and ensure there are more success stories like Mendoza’s.

This blog was originally posted on aflcio.org on April 12, 2017. Reprinted with permission.

Alaa Milbes is the Senior Communications Specialist for Jobs to Move America. Prior to joining JMA, Alaa served as Oxfam’s Media Officer in Jordan for the Syria crisis response on a short-term assignment, where she worked on a number of media strategies and campaigns meant to raise awareness about Syrian refugees. Alaa also did communications work for the United Nations Relief and Works Agency for Palestine refugees, covering 5 regional offices in Jordan, Lebanon, Syria, and the occupied Palestinian territory.

 

Texas has a new plan to discriminate against LGBT people

Monday, April 17th, 2017

Texas’ anti-transgender bill has seemingly stalled, but inspired by North Carolina, Republican state lawmakers have a new plan to expand discrimination against LGBT people.

Last month, Texas seemed on track to follow in the footsteps of North Carolina’s HB2 and pass its own bill, SB6, mandating anti-transgender discrimination across the entire state. Lt. Gov. Dan Patrick (R) launched a massive misinformation campaign to scare up support of the bathroom bill, and the Senate passed it, terrifying the trans kids and families who testified against it. The bill was blocked in the House by various House Republican leaders who indicated they believed it was unnecessary.

But now, those House Republicans have introduced a new bill that looks awfully familiar.

Unlike the various complicated aspects of SB6, HB 2899 does only one thing: ban cities from passing nondiscrimination protections. To that end, it also would nullify any municipal nondiscrimination ordinances already in place.

This approach strongly resembles the “compromise” bill North Carolina lawmakers recently passed to replace HB2, which banned cities and school districts from passing any ordinance “regulating private employment practices or regulating public accommodations” until December 1, 2020.

These both, in turn, follow the example set by Tennessee and Arkansas—which have “preemption” laws that prohibit cities from protecting any class from discrimination that isn’t already protected under state law, which amounts to a de facto ban on LGBT protections. North Carolina’s law sloppily allows protections that already exist to remain in place, but Texas takes the approach a step further. By banning and nullifying all nondiscrimination ordinances, HB 2899 would prohibit cities from doing anything to address discrimination on the local level.

HB 2899 would effectively be a statewide license to discriminate against LGBT people. By regulating schools, it would also have severe consequences for LGBT students, who could not be protected from bullying. Trans students could not be guaranteed the right to use the restrooms and other facilities that match their gender identity.

Given the NCAA and NBA were convinced to abandon their boycotts of North Carolina over its replacement law, it seems likely that Texas lawmakers expect their new plan will similarly be safer from economic backlash. This is despite the fact that many cities and states are maintaining their bans on publicly-funded travel to North Carolina.

House State Affairs Committee Chairman Byron Cook (R), who blocked the Senate anti-trans bill, called HB 2899 “the right kind of balance” between “privacy”—i.e. discrimination against transgender people—and avoiding “a chilling effect on business.”

Cook’s committee will consider the new bill next Wednesday.

This article was originally posted at Thinkprogress.org on April 14, 2017. Reprinted with permission.

Zack Ford is the LGBT Editor at ThinkProgress.org. Gay, Atheist, Pianist, Unapologetic “Social Justice Warrior.” Contact him at zford@thinkprogress.org. Follow him on Twitter at @ZackFord.

Republicans launch their crusade for elder poverty with repeal of automatic retirement accounts

Friday, April 14th, 2017

America is headed for a retirement crisis—too many people have no significant retirement savings and no pension and will have to rely almost entirely on Social Security benefits that Republicans are constantly trying to cut. You know that the Republican-controlled Congress isn’t going to do anything to fix it, so it’s fallen to cities, towns, and states to try to do something to prevent the disaster we can see approaching us in slow motion. But now, that same Republican-controlled Congress and Donald Trump have teamed up to roll back the ability of cities and towns to protect their future retirees, Bryce Covert reports:

… state and local governments have started setting up auto-IRA savings accounts for private sector workers. Unless a worker opted out, he would get automatically enrolled in such an account, allowing him to save some of his money for retirement.

But there was a question as to whether these accounts ran afoul of federal law. So in August of last year, President Obama finalized a rule that cleared the way for the establishment of these plans and clarified that they wouldn’t conflict with strict rules that apply to pension and retirement plans. That allowed cities and states to move forward.

Under the Congressional Review Act, Congress recently voted to undo Obama’s protections for cities and counties that set up these accounts. On Thursday, Trump put his signature on it, making it official.

States could be next, because why stop at screwing some workers when you could do so much more damage? Combine this with the eternal Republican plans to gut Social Security, and the United States could truly be a nation of senior citizens faced with the choice of working until they drop dead on the job or living on one can of cat food a day.

This article originally appeared at DailyKOS.com on April 14, 2017. Reprinted with permission.

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

The Trump Economy Myth and Job-Killing Policies

Thursday, April 13th, 2017

Making America Great Again; every time a U.S. company hires a hundred people, or even a dozen, President Trump’s support network blasts out the message that this is what he’s doing. Now they’re crowing that unemployment fell to 4.5 percent in March, even though many say this number underrepresents how many people are actually out of work.

Only 98,000 jobs were actually gained in the month, about half of what economists had expected. And even if these new jobs are something to crow about, it’s not as if they have anything to do with Trump.

Propaganda is one thing, but Trump’s actual policies will hurt job and wage growth once they kick in.

Obama Momentum

Remember when President Obama had been in office a few months, and the fiscal year 2009 deficit was reported to be $1.4 trillion? Right-wing propaganda outlets showed charts drawn to convey that the 2009 budget deficit was his fault.

The 2009 fiscal year budget ran from October 1, 2008 to September 30, 2009. Obama’s first budget year began the following month. The 2009 budget deficit wasn’t an “Obama deficit,” is was a Bush deficit. Obama did not have time to do anything. For the same reasons, the 2017 economy, and any health it has, is still Obama’s.

In fact, when Obama DID do something this is what happened:

That job reversal was the result of actual policies put in place by Obama, not Republican propaganda.

Propaganda, Not Policies

Like almost everything Republican, the Trump administration is almost entirely about propaganda, not actual, rubber-meets-road policy. Healthcare is the best example of this. After years of propaganda opposition to Obamacare, Republicans had no actual coherent, alternative policy plan to put forward, and were unable to come up with one when the opportunity came for them to do it. The actual policies they finally came up with would have caused 24 million Americans to lose their healthcare.

Propaganda might achieve a propaganda goal, policies get actual things done.

As of today, there is no real Trump economic policy in place. He has submitted a ridiculously extreme budget proposal. He has proposed to “study” trade. He has no real “trillion-dollar” infrastructure plan – his budget proposal actually cuts infrastructure spending – and his tax “reform” plan does nothing more than give corporations and wealthy people huge breaks.

Actual Trump Policies Undercut Jobs And Wages

Trump’s actual policies will undercut job and wage growth. Right off the bat, Trump’s budget proposal would eliminate as many 200,000 federal jobs.

Trump is trying to reverse the “overtime rule” that increases the salary threshold for receiving overtime pay from $23,660 per year to $47,476. This rule is a big deal and would mean that would immediately boost the pay of 12.5 million workers, if Trump allows it to go into effect. Even with the rule the percent of workers who are eligible for overtime pay would still be lower than it was in 1975.

Trump’s executive orders also undercut job and wage growth. He has removed protections against wage theft and rights violations by federal contractors, affecting one in five workers.

Another example of actual Trump policies affecting jobs is in the energy sector. Calling climate change a “hoax,” Trump wants to promote oil and coal jobs at the expense of wind and solar jobs. But the U.S. solar power industry now employs more workers than coal, oil and natural gas combined. He wants to gut the auto fuel economy rules, undercutting opportunities for renewable-fuel companies like Tesla to innovate.

Stocks Up But Trump Economy Is A Myth

The stock market has risen under Trump; Tomahawk missile-maker Raytheon stock just went way up. Cruise missile strikes aside, bumps like these aren’t based on economic fundamentals or sound projections, but instead on the expectation of windfalls for corporations and the already-wealthy stock-owning investor class through the huge tax cuts Trump has promised.

But beyond momentary market gains,  the idea of a booming Trump economy is a myth – at least for people who work. There are no actual policies, existing or on the horizon, aimed at actually boosting jobs and wages. Only bluster. In fact, Trump has said we need to reduce American wages to the point where we can be “competitive” with Mexico and China. Yes, he said that.

His executive orders so far undercut jobs and wages. His budget eliminates jobs. His dramatic cuts in the things government does to make our lives and economy better — education, scientific research, regulation, etc. — will eat the seed corn of our future prosperity.

Trump does not offer real policy, only the propaganda of the moment, to be reversed at the next moment if convenient.

This post originally appeared on ourfuture.org on April 10, 2017. Reprinted with Permission.

Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the US.

Nestlé’s Makes the Very Best? Georgia Workers Vote To Unionize

Wednesday, April 12th, 2017

Your Nesquik may now be shipped by union workers, thanks to a powder-thin union election at a distribution center just south of Atlanta.

Workers at Nestlé’s facility in McDonough, Georgia, voted 49-46 Wednesday in favor of representation by the Retail, Wholesale and Department Store Union (RWDSU), said labor organizer Greg Scandrett. The campaign was tough, so the victory is sweet.

“They [Nestlé] fought this from Day 1. They brought in people from HR from all around the country,” Scandrett said.

He expects negotiations around a first contract will be difficult.

The workers at Nestlé’s distribution center are at one of the choke points of a global logistics chain that produces billions in profits for the Swiss company. Nestlé spokeswoman Liz Caselli-Mechael tells In These Times that the company has more than 400 factories in 86 different countries. It employs 330,000 people globally, she says, with about 51,000 of those workers in the United States.

Caselli-Mechael did not immediately respond to a request to comment on the union election.

The distribution center in McDonough handles many different Nestlé products. Nesquik, the wildly popular chocolate milk powder, and candy are the most famous, but baby formula is also handled there, Scandrett said. The work site is at a key railroad intersection with Interstate 85, so much of Nestlé’s profits from the southeastern United States flow through the facility, he said.

According to Scandrett, management-labor relations on the shop floor are not good. Many workers feel disrespected by the managers. Favoritism in assignments and promotions is a huge complaint, he says. And racial tensions, with the vast majority of black workers pitted against the overwhelmingly white managers, are high, Scandrett says.

Hourly pay is not a big issue, according to Scandrett. Pay starts out at around $17 an hour, but there is little room for growth, with pay topping out at around $19 an hour, he says.

Labor relations at Nestlé’s operating units have been a perennial source of dismay at the IUF, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations. IUF’s special Nestlé organizing center reports on problems with the company in countries like Turkey, South Korea and Finland.

“It’s not really about the pay. It’s about how you are treated. Nobody should have to stand for being disrespected all the time,” Scandrett said.

This blog originally appeared at Inthesetimes.com on April 7, 2017. Reprinted with permission.

Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA’s Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper’s New York City headquarters and in the Washington, D.C. bureau.

98,000 Jobs Added to the Economy in March, Unemployment Is 4.5%

Tuesday, April 11th, 2017

The U.S. economy added 98,000 jobs in March and the unemployment rate declined to 4.5%, according to figures released this morning by the U.S. Bureau of Labor Statistics.

While the job growth was tepid in March, and the revisions for the numbers for January and February are weaker than earlier reported, the economy is continuing close to the trend of job growth that started under President Barack Obama. If we continue the trend of job growth over the past seven years he established, the economy will add another 25 million jobs in eight years. Oddly, the claim President Donald Trump has made is that he will create 25 million jobs.

Still, wage growth needs time to recover as does the share of workers employed so household incomes can recover to their 1999 peak. With modest job gains in March, the Federal Open Market Committee of the Federal Reserve that sets monetary policy needs to pause ahead of its proposed interest rate hike in June. The higher interest rates are meant to signal a return to normal, but we are not there, yet.

The biggest gains were in professional and business services (+56,000) and in mining (+11,000), while retail trade lost jobs (-30,000). Other sectors of note include health care (+14,000) and financial services (+9,000). According to BLS, construction employment saw little change in March (+6,000).

Employment in other major industries, including manufacturing, wholesale trade, transportation and warehousing, leisure and hospitality, and government, showed little or no change over the month.

Among the demographic groups of working people, the unemployment rates for adult women (4.0%), white people (3.9%) and Hispanic people (5.1%) declined in March. The jobless rates for adult men (4.3%), teenagers (13.7%), black people (8.0%) and Asian people (3.3%) showed little or no change.

This blog was originally posted on aflcio.org on April 7, 2017. Reprinted with permission.

This week in the war on workers: Republicans attack minimum wage wins, but state news isn't all bad

Monday, April 10th, 2017

Lawmakers are saying “screw the will of the voters” in response to ballot votes to raise the minimum wage in several places across the country, Josh Eidelson reports:

Voters took to the polls in November and approved big hikes in four states’ minimum wages: Washington State, Colorado, Maine and Arizona.

But the increases may not actually take effect as voters intended because elected representatives — mostly Republicans — are moving to rein them in. In Washington, where voters opted for a $13.50 an hour minimum wage by 2020, and Maine, where it was set to rise to $12 that year, state legislators have proposed a battery of bills to water down the increases. The city council in Flagstaff, Arizona has done the same to a local initiative that would have boosted the wage floor to $12 this year, sooner than the statewide increase.

The news is better in Maryland, where both the state House and Senate have passed a paid sick leave bill with veto-proof majorities:

The bill passed by the General Assembly requires employers with 15 or more workers to provide five days of paid sick leave. It does not offer tax incentives to help offset the cost.

The House agreed to accept a change in the legislation made in the Senate that cut the number of sick days per year that employers must offer from seven to five.

That would make eight states with paid sick leave laws, all of them coming since Connecticut kicked it off in 2011.

This article originally appeared at DailyKOS.com on April 8, 2017. Reprinted with permission.

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

Dairy workers call on Ben and Jerry’s to give them better hours and fair wages

Friday, April 7th, 2017

This week, dairy workers are using an annual ice cream giveaway day by Ben and Jerry’s to bring awareness to the long, hard hours and low wages that many in the industry face.

In the state of Vermont and across the country, dairy workers and supporters of migrant farmworkers rallied outside the ice cream company’s storefronts on Tuesday to call attention to what they say are human rights abuses in the dairy supply chain.

Migrant workers called on Ben and Jerry’s—a company known for its progressive values—to implement the “Milk with Dignity” program as part of an agreement the company signed in 2015 to ensure that the cooperatives supplying the milk would improve the quality of life for migrant workers, such as providing a weekly day off, improving health and safety conditions, and alleviating overcrowded housing issues, among other labor conditions.

Two years out, Ben and Jerry’s has yet to implement the initiative despite sourcing its milk from cooperatives that may not care about the abuses of dairy workers. The ice cream company also placed partial blame on the advocacy group Migrant Justice for being slow to finalize the draft agreement.

“We’ve been working diligently with them since then on the details of how to successfully operationalize the program, which still needs finalizing,” a recent Ben and Jerry’s statement read. “We strongly support the goals of Milk with Dignity and believe that a worker led program is the best way to protect the rights and dignity of the workers on Vermont’s dairy farms. We remain committed to the agreement we signed and are continuing to work towards a successful conclusion with Migrant Justice.”

Thelma Gomez, a Migrant Justice member, is one of many Vermont dairy workers who want to see better conditions for people in their industry. Her husband, who works on a dairy farm that sells to the St. Albans Cooperative Creamery, which Ben and Jerry’s buys from, has worked seven days a week for the past two years because he doesn’t have any days off from work. As a result, he has missed out on crucial life milestones of their twin three-year-old daughters.

Gomez’s husband is far from alone. According to a 2014 survey of 172 dairy farmworkers across the state of Vermont, 40 percent of workers said they didn’t get weekly days off. Another 40 percent said they weren’t paid the Vermont state minimum wage; farmworkers aren’t covered by federal and most states’ wage laws. And 30 percent of workers reported overcrowded housing.

The dairy industry has come to rely on undocumented immigrant labor partly because Americans don’t want to do the work, but also because agricultural visas only cover seasonal work, which excludes the year-round dairy work process. As a result, some of the 1,500 immigrant dairy workforce in Vermont are exploited by employers to conduct harsh labor.

“These are undocumented workers who are filling this labor need because farms in Vermont have had to grow and consolidate in order to deal with the fluctuating prices in the industry,” Will Lambeck, a staff member with the Migrant Justice, told ThinkProgress. “[Farms] are growing but they’re still relying on cheap labor to get the job done, relying on workers who will work 60, 70, 80 hours a week without breaks, without days off, for what’s often pay below minimum wage.”

“Those are, by and large, undocumented workers,” Lambeck added.

Advocate Enrique “Kike” Balcazar (pronounced “Kee-kay”), a 24-year-old Mexican immigrant, helped establish the “Milk with Dignity” program at Migrant Justice because he wanted to change the 60-to-80 hour work weeks that he regularly faced. Most recently, he made national news after the U.S. Immigration and Customs Enforcement (ICE) agency detained him as he was leaving the Migrant Justice office. Balcazar has since been released on bail and is now awaiting a hearing before an immigration judge.

Though Lambeck would not comment on Balcazar’s immigration status, he believes ICE agents may have targeted Balcazar because he is a prominent organizer and frequently shows up for immigrant rights events.

The Trump administration’s harsh immigration policies have broadened enforcement priorities and empowered ICE agents to cast a wider net. Lambeck said he believes that the recent detention of Balcazar along with two other Vermont dairy workers was an intentional tactic to force immigrants to continue feeling “persecuted” and “precarious.”

“What ICE and the federal government wants, isn’t to deport every single immigrant in the country because they know that this country needs the labor of immigrant workers,” Lambeck said. “What the motivation of these sorts of attacks is and the federal policy behind them, is to create a class of that are so persecuted and so precarious in their status in this country that they accept conditions that they otherwise would not.”

This blog was originally posted on ThinkProgress on April 4, 2017. Reprinted with permission.

Esther Yu-Hsi Lee is the Immigration Reporter for ThinkProgress. She received her B.A. in Psychology and Middle East and Islamic Studies and a M.A. in Psychology from New York University. A Deferred Action for Childhood Arrivals (DACA) beneficiary, Esther is passionate about immigration issues from all sides of the debate. She is also a White House Champion of Change recipient. Esther is originally from Los Angeles, CA. Contact her at EYLEE@thinkprogress.org.

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