Outten & Golden: Empowering Employees in the Workplace

Archive for the ‘accountability’ Category

ANOTHER Walmart Made in America Infographic Needed Some Work, So We Fixed It

Friday, July 10th, 2015

elizabeth brotherton_bunchWe’re calling Walmart out on its misleading public relations push.

Welp, they’re at it again!

Walmart kicks off its annual U.S. Manufacturing Summit in Arkansas on Tuesday, highlighting “progress” in its 10-year commitment to purchase $250 billion in American-made goods. For the second year in a row, the retail giant has unveiled a handy infographic touting the progress its made thus far.

And just like last year, we decided to take their infographic and add some much needed context. See, when you start to dig just a little bit, you find that Walmart’s committment is pretty misleading.

Looking for more details on our data? Click here.

Want more? We’ve included last year’s blog post and infographic below.


From 2014: The web filter at the Alliance for American Manufacturing (AAM) caught a big ol’ piece of chaff this week, in the form of a release from Walmart. America’s largest retailer has announced plans to purchase $250 billion worth of American-made goods over the next decade. It decided to share the good news of its sudden economic patriotism via an infographic, which is heavy on the fancy font but light on context.

So AAM took a stab at filling that context in, via an infographic of its own. Sure, Walmart is spending a big chunk of change on American-made products. But the company regularly moves gigantic gobs of money around, so is it spending any more on America than usual? And where are the rest of the goods on its shelves coming from? Does Walmart deserve a round of applause (that it started itself) for cozying up to the Made in America movement? See below:

Want to dig a little deeper into Walmart data? Read our fact sheet here.

 

This blog was originally posted on American Manufacturing on July 7, 2015. Reprinted with permission.

 

About the Author: The author’s name is Elizabeth Brotherton-Bunch. As Digital Media Director, Beth helps spread the word about smart public policies that guide the creation of American manufacturing jobs. In this role, she is tasked with helping grow AAM’s social media presence, implementing online advocacy campaigns and overseeing communications with an active online community of supporters. Prior to joining AAM, Beth was charged with content development, branding and promotion at the nonprofit organization Netcentric Campaigns. She created and edited content such as action alerts, campaign emails, newsletters, guest articles and social media for many Netcentric projects. Beth worked on behalf of multiple clients, including the Robert Wood Johnson Foundation, American Heart Association and Robert W. Deutsch Foundation. Beth began her career as a reporter, which included a nearly six year stint at the Capitol Hill newspaper Roll Call. She authored the popular gossip column “Heard on the Hill” and covered key players in the Capitol Hill community, such as the Architect of the Capitol and Capitol Police. Her work also has appeared in publications including the Orange County Register, Press-Enterprise, TakePart, MomsRising and Almanac of the Unelected. A Golden State native, Beth holds bachelor’s degrees in political science and journalism from the University of Southern California. She lives in Alexandria, Va., with her husband and rescue dog. You can follow Beth on Twitter at @ebrotherton.

“Just Cause”: Isn’t It Time For All Workers to Have Some Job Security?

Tuesday, January 22nd, 2013
randwilsonDuring World War Two, employers were prohibited from raising wages because of wartime Wage and Price controls.  With labor in short supply, employers and union leaders sought ways around the government limits and agreed to new health insurance benefits as an alternative to increased compensation. Thus was born our odd system of employer-based health insurance.  
 
That seemed like a good idea at the time because union leaders could achieve through collective bargaining what had been elusive through government reform: health security for their members.
 
Over the next thirty years or so, health insurance benefits expanded.  As more and more workers were covered by private insurance plans provided through their employers, the urgency of winning broad political reforms diminished and labor backing to win universal coverage faded. Our failure to expand the health benefits achieved through collective bargaining to the entire working class eventually left union members in a vulnerable position. At a certain point, union health benefits for the relatively few union members were far more generous than what most workers had. Faced with out-of control health costs employers sought to make cuts and throughout the 90s and 2000s union members increasingly were not able to defend them.
 
The final result is the very mixed result of ObamaCare, a plan that is sadly not universal and now is actually being used by employers to attack so-called “Cadillac Plans.”
 
“The United States is alone among industrialized countries in allowing at-will employees to be terminated for arbitrary reasons.”
 
That lesson shouldn’t be lost as we face what I predict will be the next collective bargaining battleground: the job security provisions of union contracts, including the “just cause” clause.
 
Instead of waiting for such an attack, we should seize the opportunity to champion passage of “Just Cause” standards into state laws. It’s a labor law reform proposal that will appeal to all workers while putting employers on the defensive.
 
It’s long overdue. The United States is alone among industrialized countries in allowing at-will employees to be terminated for arbitrary reasons. Governments such as France, Germany, Japan and the United Kingdom require employers to have a “just cause” to dismiss non-probationary employees. Just cause appeals to basic fairness, just as due process does in court.
 
Just cause marks the dividing line between employees with job security and “at-will” employees. At-will employees have no job security: they can be fired for a mistake, an argument with a supervisor, a critical comment about the enterprise or management, taking a sick day, a complaint about working conditions or pay, or involvement in outside political campaigns* – all activities that just-cause covered workers can take part in without worry.
 
One state has passed a law.  The Montana Wrongful Discharge from Employment Act was passed in 1987. Applicable to non-union non-probationary employees,
it prohibits discharges without good cause, allows workers to sue for up to four years of back pay, and provides a method for workers to recover attorneys’ fees. Despite fear-mongering by opponents, the Big Sky state’s robust economic growth has not been affected. Statutes in Puerto Rico and the Virgin Islands also prohibit termination without “good cause.”
 
Winning “just cause” legislation would certainly not be easy. But building a movement to win it offers union leaders and activists an opportunity to champion an issue that would benefit all workers and also help union growth. Short of state or federal legislation, local unions, CLCs (Central Labor Councils) and workers’ centers could seek to enforce a just cause standard through workers’ rights boards and / or community pressure.
 
A “just cause” campaign would potentially engage working people at many different levels. One can imagine communities declaring certain areas, “Just Cause Zones” and fighting to enforce it as a community standard with employers. Other supporters could be involved using the proposed legislation as a “litmus test” for labor support in electoral campaigns. Still others could be involved in holding hearings on the importance of achieving a “Just Cause” standard and lobbying for passage with city councils and state legislatures.
 
If “just cause” campaigns succeed, workers will have more security to participate in union campaigns. Union leaders and organizers will be able to make the point that they are experts at enforcing just cause protections and can provide representation at hearings etc.
 
Even if campaigns for just cause do not succeed, millions of non-union workers will learn about the concept (especially if campaigns are based on ballot referendums) and the increased security it could bring to their lives. By popularizing the “Just Cause” concept, more workers may respond by thinking, “If we can’t get this important protection through the legislature, let’s get it by forming a union!”
 
Meanwhile, if employers do seek to roll back the just cause articles in our contracts, union members won’t be in the same position we were with the attacks on health care. Instead, we will have laid important groundwork to win broad public support and the employers’ attack can be parried, perhaps even used to strengthen the broad campaign.
 
Imagine the labor movement leading a campaign to win Just Cause protections for all workers. The sooner we get started the better!
 
 
Readers interested in learning more about the Just Cause standard should read Robert Schwartz‘s new book, “Just Cause: A union guide to winning discipline cases.” The book lays out seven tests that are the guiding principles for discipline and discharge in most union workplaces. With reform, those same standards could apply to everyone. More info go to Work Rights Press.
 
 
This article was originally posted on Union Review on January 8, 2013. Reprinted with Permission.
 
ABOUT THE AUTHOR: Rand Wilson has worked as a union organizer and labor communicator for more than twenty five years and is  currently an organizer with SEIU Local 888 in Boston. Wilson was the founding director of Massachusetts Jobs with Justice.  Active in electoral politics, he ran for state Auditor in a campaign to win cross-endorsement (or fusion) voting reform and establish a Massachusetts Working Families Party.  He is President of the Center for Labor Education and Research, and is on the board of directors of the ICA Group, the Local Enterprise Assistance Fund and the Center for the Study of Public Policy. 

Oh Great, More CEOs Telling Us We Need to Cut Social Security and Medicare Benefits

Friday, January 18th, 2013

Jackie TortoraAs if we didn’t already have enough on our plates (having to fend off attacks from the “Fix the Debt” CEOs), now there’s another group of CEOs, the Business Roundtable, telling us we need to “modernize,” a.k.a. cut, Social Security and Medicare benefits by raising the eligibility ages and reducing cost-of-living adjustments (COLAs). How helpful. 

R.J. Eskow took on the Business Roundtable in his latest blog, How Extreme Is the Business Roundtable? Check Out Its Attack on the Elderly.

Yesterday, Gary Loveman, CEO of Caesars Entertainment Corp. and head of the Roundtable’s “health and retirement committee,” told Politico that “[a]ny effort to address the country’s fiscal problems has to have as a centerpiece reform of its principal entitlement programs.”

Added Loveman: “None of us [CEOs]—very few of us—are ideologically driven. We’re pragmatists….”

“I am encouraged by how relatively easy these remedies really are,” said Loveman. “… (and) they have a tremendously sanguine effect on the government’s fiscal health.”

That’s true. It is pretty easy. Just kick in a few rich people’s doors, seize their belongings…oh, wait. That’s the other extremist scenario. Loveman’s is the one where people who have paid for Social Security and Medicare coverage throughout their working lives must give some of their benefits up—for him and his friends.

These CEOs are the same people cutting back on pensions and retiree health benefits. Now they want working people to have even more economic insecurity in retirement by cutting the few benefits that keep seniors afloat. 

Raising the Social Security retirement age is especially damaging. Not only is it a benefit cut, workers 55 and older have the longest bouts of unemployment. The average time unemployed is nearly a year (51.3 weeks, compared to 34.3 weeks for workers younger than 55).  

Eskow points out that 8.9% of American seniors already live in poverty, while 5.4% are on the edge. The average Social Security recipient collects $1,164 per month.

Anyone who claims they can cut those benefits by 3%—and use those meager benefits to end elder poverty—is selling snake oil.

Snake oil indeed. There’s nothing more cynical than calling devastating cuts to vital lifelines “modernization proposals.” Working people know the difference. 

This post was originally posted on AFL-CIO on 1/17/2013. Reprinted with Permission.

About the Author: Jackie Tortora is the blog editor and social media manager at the AFL-CIO. Interviewing union musicians was her introduction to the labor movement. Her first job after graduating college was in Syracuse, New York, where she wrote and edited the International Musician, the monthly magazine for the American Federation of Musicians (AFM). Protecting Social Security and Medicare from benefit cuts brought me to Washington, D.C., where she spent two years as a new media coordinator at the National Committee to Preserve Social Security and Medicare. She came to the AFL-CIO in the summer of 2012, just in time to re-elect President Barack Obama. When she’s not tweeting about America’s unions, it’s likely she’s watching Syracuse basketball and football. 

"This is Not Just a Steelworker Issue"

Wednesday, January 16th, 2013
berry craigShowing solidarity with our union brothers and sisters is a great way for us to ring in the New Year, says Jim Key, vice president at large of Steelworkers Local 550 in Paducah, Ky.
Key, also his local’s legislative and political chairman, is asking union members and union supporters nationwide to take a minute to put their John Hancock on a White House cyber-petition against corporations that file for bankruptcy “to circumvent their liabilities for workers’ pensions and post-retirement health care benefits.”
The link to the petition is http://wh.gov/Reqy.
Added Key: “The stark reality is that many unions will likely be facing the same thing in the very near future.”
The future is now, says Chris MacLarion, vice president of USW Local 9477 in Baltimore. One of his members, Eric Schindler, started the petition, using their former employer, RG Steel, as an example of corporate greed run amok.
The petition, addressed to the Obama administration, explains that in March 2011, RG Steel, LLC, entered into a contract with the USW. But in June 2012, the company filed for chapter 11 bankruptcy.
While in bankruptcy proceedings, RG Steel asked to be permitted to pay $20 million in bonuses to 10 “key managers” to help the company “secure a buyer,” the petition also says. “…After the buyer was named these managers were to be paid their salaries and other monies” including funds to purchase health insurance.
“Meanwhile the 2000+ Union workers were laid off and unemployed,” the petition says. “Their medical benefits were stopped September 1 of 2012. Unfortunately the insurance provider was issued an order to stop paying claims two weeks before the end date.” Union members also lost “other monies promised in the contract that was voided.”
The petition urges, “stop companies from rewarding bad behavior. Make them abide by the contract.”
MacLarion says his local represented about 1,850 USW members in RG’s Baltimore mill — the former Sparrow’s Point Bethlehem Steel works — and approximately 150 more in amalgamated units that serviced the factory.
“RG Steel’s demise has left all of them without jobs, while the management group made a grab at $20 million in bonuses,” he said. “While that grab at the money proved futile, as the judge rejected their attempt, they nonetheless were able to secure another set of bonuses and pay under a second motion.”
Added MacLarion: “While this was a much smaller amount it is still appalling that the same people that ran the company into the ground were able to take payments of three-quarters of $1 million. That money would have been better served paying the medical bills that our members were stuck holding the tab for.”
MacLarion says he and the members of his union liken the RG Steel bonus grab to paying the captain of the Titanic a bonus for hitting the iceberg while managing to keep his ship afloat for almost three hours afterwards.
MacLarion says RG’s actions also devastated USW members in the company’s Warren, Ohio, and Wheeling, W.Va., mills.  “They were part of the bankruptcy. All in all, I’d say roughly 5,000- plus USW members lost out in the RG Steel bankruptcy.”
Meanwhile, Key has gained the support of the Paducah-based Western Kentucky Area Council, AFL-CIO, which represents AFL-CIO affiliated unions in the Bluegrass State’s 13 westernmost counties. Key is a recently-elected council trustee.
“We all need to sign this petition,” said Jeff Wiggins, council president and president of Steelworkers Local 9447 in nearby Calvert City, Ky. “This is not just a Steelworker issue. This is an issue that affects all union members, retirees and members still working, and our families.
“It’s happening all over the country. You work hard for a company all of your life, retire with dignity and the company ends up trying to cheat you of what should be rightfully yours. It’s greed, pure and simple.”
This article was originally posted by Union Review on January 10, 2013. Reprinted with Permission.
About the Author: Berry Craig is recording secretary for the Paducah-based Western Kentucky AFL-CIO Area Council and a professor of history at West Kentucky Community and Technical College, is a former daily newspaper and Associated Press columnist and currently a member of AFT Local 1360.

Unemployment: Why Won’t Congress Talk About It!?

Tuesday, January 15th, 2013

Change to WinAn interesting look at the unemployment rate. “What is currently a temporary long-term unemployment problem runs the risk of morphing into a permanent and costly increase in the unemployment rate” unless Congress takes action to create jobs. 

Why the Unemployment Rate Is So High – New York Times

Unemployment claims have increased slightly. “The Labor Department says applications rose 4,000 to a seasonally adjusted 371,000, the most in five weeks.”

Unemployment claims rise slightly in latest week – USA Today

“We need to avoid a lost generation of young people who will be playing economic catch-up their whole lives. We cannot stop pressing our leaders to help struggling poor and middle-class Americans.”

Crowdsourcing our economic recovery – CNN 

Even though the economy is improving, we need to do more to ensure the long term unemployed get back on their feet. Long term unemployment makes it harder and harder to provide for one’s family, and causes dramatic increases in mental illness. It’s time Washington gets busy putting people back to work. 

Long-Term Unemployed Winning Jobs Or Giving Up? – Huffington Post

This article was originally posted by ChangeToWin on January 11, 2013. Reprinted with Permission.

About the Author: Change to Win is an organization created by over 5.5 million workers – if corporations can join together to hire an army of lobbyists, working and middle class Americans must also band together and restore balance by making sure we have a strong voice and a seat at the table again.

(Colleen Gartner is an intern at Workplace Fairness.)

NLRB's Recent Significant Decisions

Thursday, January 3rd, 2013

The NLRB in the past few weeks made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.

The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.

Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.

Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.

Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.

Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.

United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.

WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.

This post was originally posted on LawMemo on December 21, 2012. Reprinted with Permission.

About the Author: Ross Runkel is the President and Editor of Law Memo. Ross Runkel spoke at the Washington State Bar CLE on Alternative Dispute Resolution on Arbitration: 9th Circuit and Supreme Court Update and Commentary, on September 26, 2008. He was also the lead-off speaker at the Texas District & County Attorneys Association Civil Law Seminar on Recent Trends in National Employment Law, May 16, 2007. Finally, Ross Runkel spoke at the State Bar of Texas Labor & Employment Law Section Annual Update & Skills Conference, on October 7, 2006. 

Workplace Advice: My Fair Share

Wednesday, January 2nd, 2013

DavidMy Fair Share is a cross-post from Working America’s Dear David workplace advice column. David knows you deserve to be treated fairly on the job and he’s available to answer your questions, whether it is co-workers making off-handed comments that you should retire or you feel like your job’s long hours are causing stress.

Question:

What can you do about not being paid a fair wage for the work you do? I make a lot of money for the company I work for feeding a robot up to 4,000 packages per hour. How do I get some of the money I make for the company through high production paid to me?

—Marty, Indiana

Answer:

“We make it, they take it.” If the last 40 years have anything to teach us, it’s that if we leave it up to them, too many bosses don’t feel like they need to share fairly—if they even share at all. Check this out. It used to be that as worker productivity increased, so did a worker’s wages. But sometime in the 1970s that stopped being the case. Today, even as most workers are struggling in a stagnant economy, big banks and corporations are posting record profits. If you’re feeling squeezed, it’s not your fault.

 As long as you’re being paid at least the minimum wage, there’s no legal requirement that a wage be “fair.” So who should get to decide what’s “fair”? You already know what can happen when the boss gets to be the decider—so the key is not to leave it only to your boss! And to act collectively.

It starts by you getting together with at least one other person at your workplace who feels the same way you do. Do this first—there are certain legal protections that kick in for you once this has happened. Meet up someplace outside of work, and compare notes. Who else can you talk to who would stand with you? Make a list, get folks together again and ask others what improvements they’d like to see at their workplace. This has been said before, but these are all important first steps. Together you may decide that you are ready to take something up with your boss right away. Or you could decide that you will be more successful negotiating if you first form a union. This process might take some time, and it’s worth it to move cautiously. Whatever you decide—you are stronger acting as a group than if you act alone. 

This post was originally posted on AFL-CIO NOW on December 30, 2012. Reprinted with Permission. 

About the Author: David at Working America focuses on answering submitted questions about workplace fairness and workplace rights around the country. Working America is headquartered in Washington, D.C. and is the fastest-growing organization for working people in the country. At 3 million strong and growing, Working America uses their strength in numbers to educate each other, mobilize and win real victories to improve working people’s lives.

Tribune Emerges Today from 4-year Bankruptcy, with Intent to Sell All Newspapers, TV Stations

Wednesday, January 2nd, 2013

Warren Buffett or civic-minded local investors in L.A., Chicago, Baltimore or other Tribune cities might be unable to purchase the papers individually, unless or until they were broken up by a subsequent owner. 

The newspaper sale has been anticipated for months, but Tribune was expected to keep and grow its broadcast business, so the offloading of those properties.

 As the Tribune company ends a four-year period of bankruptcy today, it plans to sell all of its media properties, according to a report by Robert Channick.

Tribune Co. owns 23 television stations, including WGN-Ch. 9, WGN America, eight daily newspapers and other media assets, all of which the reorganization plan valued at $4.5 billion after cash distributions and new financing. Eventually, all the assets are expected to be sold, according to the new owners.

A financial analysis this year estimated the broadcast assets are worth $2.85 billion; a stake in the Food Network and Internet companies including CareerBuilder is worth $2.26 billion; and the company’s newspapers are worth $623 million.
Multiple newspaper owners have expressed interest in Tribune’s papers.

Kushner also told the AP, “he expects the Tribune’s new owners would sell the newspapers in a single package.” In that case, buyers like Ws would be a surprise.

The sale of the broadcast properties could make News Corp. a more likely buyer (it might even be an incentive for them to buy the less lucrative newspapers), as they already own TV stations in some of the same markets, and the FCC is moving toward relaxing cross-ownership rules.

Tribune CEO Eddy Hartenstein will remain in that role for the next few weeks until the new board appoints a new CEO, most likely former broadcast executive Peter Ligouri.

This post was originally posted by Broadcast Union News on December 31, 2012. Reprinted with Permission.

About the Author: Robert Daraio is a Local Representative at The Newspaper Guild of New York, CWA Local 31003. He lives in New York.

Employers: Be Careful What You Wish For - Your Motion to Compel Arbitration Can Lead to Expensive, Class-Wide Arbitration

Thursday, December 27th, 2012

In the wake of ATT Mobility v. Concepcion and Stolt-Nielsen v. AnimalFeeds,* many employers have sought to enact new arbitration agreements or to enforce arbitration provisions in older agreements to eliminate their employees’ ability to come together when seeking to vindicate their rights to enforce statutory protections for workers. Employers should be careful what they wish for, in seeking to compel arbitration. They may indeed wind up in arbitration – but unable to strike class allegations, and required to pay the full and exorbitant costs of class-wide arbitration. 

In a case on which Bryan Schwartz Law serves as local counsel for Richard J. Burch of Bruckner Burch, in Houston, Texas, the employer is now feeling the danger of a Stolt-Nielsen-based strategy seeking to compel individual arbitration in a putative, wage-hour class action. In the Laughlin v. VMWare case, in which VMWare employees assert they were misclassified as exempt employees and denied overtime and other compensation to which they were entitled, the company moved to compel arbitration based on an agreement which did not specifically provide for class-wide arbitration. 

Judge Edward Davila of the Northern District of California struck some of the more offensive provisions of the arbitration agreement under Armendariz v. Foundation Health Psychcare Services (2000) 24 Cal.4th 83, such as a provision which would have required Plaintiff to share the costs of arbitration. However, Judge Davila found these unlawful provisions severable (i.e., refused to kill the whole arbitration agreement). Perhaps most importantly, though, Judge Davila referred to the arbitrator the decision on the Stolt-Nielsen argument – namely, as argued by VMWare, the notion that class-wide arbitration cannot proceed where the parties’ arbitration agreement did not expressly consent to class arbitration. His initial decision from early 2012 is available here: 

http://www.bryanschwartzlaw.com/VMWare.pdf

In arbitration, AAA arbitrator LaMothe then rejected the employer’s Stolt-Nielsen motion to strike class allegations, notwithstanding the fact that the agreement did not expressly give permission to bring class allegations, finding the parties’ agreement intended to encompass all claims by Plaintiff Laughlin, including her class claims. The AAA order is available here: 

http://www.bryanschwartzlaw.com/Laughlin.pdf

In the last 18 months, numerous other arbitrators from JAMS, AAA, and other nationwide arbitration services have likewise denied motions to strike class allegations, employing similar reasoning. 

On review, Judge Davila confirmed the arbitrator’s partial final clause construction award allowing class allegations to proceed, meaning – in light of all the foregoing – that VMWare will now be forced to arbitrate a putative class action, and will be forced to bear all of the costs of doing so: 

http://www.bryanschwartzlaw.com/VMWare-12-20-12.pdf

Be careful what you wish for, employers. You may find that sometimes, allowing employees their day in court is better than the alternative. 

DISCLAIMER: Nothing in this article is intended to form an attorney-client relationship with the reader. You must have a signed representation agreement with the firm to be a client. 

*See our numerous prior blog posts relating to the subject of arbitration class waivers in light of Concepcion andStolt-Nielsen, including: http://bryanschwartzlaw.blogspot.com/2012/09/california-supreme-court-grants-review.html

http://bryanschwartzlaw.blogspot.com/2012/09/wage-and-hour-class-actions-sky-is.html;

http://bryanschwartzlaw.blogspot.com/2012/01/landmark-decision-by-national-labor.html

http://bryanschwartzlaw.blogspot.com/2011/05/civil-rights-lawyer-and-employee.html.

This post was originally posted on December 26, 2012 on Bryan Schwartz Law. Reprinted with Permission.

About the Author: Bryan Schwartz is an Oakland, CA-based attorney specializing in civil rights and employment law.

As New Jobs Return, Employers Slash Wages

Wednesday, December 26th, 2012
New data has shown that while a majority of jobs eliminated during the downturn were in what we describe as the middle range of wages, the great majority of jobs added as the economy improves were low paying jobs, reported Katherine Rampell in the business section of the New York Times on Friday, August 31, 2012. This was documented in a study done by the National Employment Law Project.
 The study by Annette Bernhardt examined 366 occupations followed by the Labor Department. Bernhardt separated them into three equal groups by wages, with each representing a third of American employment in 2008.
     The middle third consisted of jobs like construction, manufacturing, and information. These jobs paid median hourly wages of $13.84 to $21.13. Over 60% of these jobs were lost during the recession. When the middle third jobs returned, they represented only 22% of total employment growth.
      In the category of higher wage occupations, those that had a median wage of $21.14 to $54.55 reflected only 19% of job losses. However, when growth in the economy began, only 20% of new jobs were the result of the upturn. This was only a 1% increase which doesn’t even cover new entrants into the labor force.
     Low wage jobs with median hourly wages of $7.69 to $13.83 accounted for 21% of job losses during the downturn. The startling fact is that low wage jobs now constitute 58% of all job growth. The jobs with the fastest growth were retail sales at a median wage of $10.97 per hour. At this salary, workers would be eligible for food stamps.
      Each category has grown by more than 300,000 workers since June 2009. Many of these new paying jobs were taken by recent high school and college graduates who were previously unemployed. Others were taken by older workers who formerly had jobs that paid much more, who were desperate.
     Mid-wage and middle class jobs have been disappearing at a rapid rate. Some of this is due to automation, but the bulk of the job loss is the result of employers taking millions of jobs overseas to low wage paying countries.
     At the same time, corporations and their Republican robots are passing so called “Right to Work” legislation which further erodes the wage structure. The labor movement, the trade unions, and their progressive allies are the only institutions that can bring back middle class livable wages.
This post was originally posted on Union Review on December 19, 2012. Reprinted with Permission.
 
About the Author: Seymour Slavin is an Independent Nonprofit Organization Management Professional at Union Review.
Your Rights Job Survival The Issues Features Resources About This Blog