Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Acosta’

One Last Time: OSHA Extends Recordkeeping Reporting Deadline

Friday, November 24th, 2017

After multiple delays, OSHA has finally announced that employers who are required to keep OSHA injury and illness records must send summary information in to the agency by December 15, fifteen days after the deadline announced last June, when the agency proposed to delay the reporting deadline from July 1 to December 1.

The rollout has been plagued by numerous delays. First OSHA delayed until August 1 in putting up the website which was supposed to be up by the end of February.  Then there came false accusations of a data breach, and finally a delay in issuing the final change in the required submission deadline.

When the regulation was issued last year, OSHA stated that the data would be published on the web. “Public disclosure of work injury data will encourage employers to increase their efforts to prevent work-related injuries and illnesses,” OSHA announced when the regulation was issued in May 2016.  The Trump administration has not disclosed its intentions about publicizing the data, although there is legal precedent for requiring the agency to publish the data on OSHA’s website.

Other parts of the “electronic” recordkeeping regulation are being challenged in court and are under reconsideration by OSHA. The agency also announced today that OSHA is currently reviewing the other provisions of its final rule to Improve Tracking of Workplace Injuries and Illnesses, and intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions of that rule in 2018.”

Some in the business community don’t like requirements that more detailed information on injuries and illnesses be sent to OSHA starting next year, or that OSHA has prohibited employers from retaliating against workers for reporting injuries.  At last week’s Congressional hearing, Secretary of Labor Acosta falsely stated that the regulation “was asking for some information that was very detailed and that identifies individuals.”

OSHA also noted that seven state plans, California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming, have not yet adopted the regulations. States are supposed to adopt all new OSHA standards and regulations within 6 months of federal OSHA’s issuance.

This blog was originally published at Confined Space on November 22, 2017. Reprinted with permission. 

About the Author: Jordan Barab was Deputy Assistant Secretary of Labor at OSHA from 2009 to 2017, and spent 16 years running the safety and health program at the American Federation of State, County and Municipal Employees (AFSCME).

Trump has bad news for millions of workers in line for overtime pay under Obama

Friday, July 28th, 2017

Donald Trump’s major life goal at this point seems to be rolling back everything good President Barack Obama did for the country and its people—and now he’s coming for your overtime pay. Obama had sought to raise the overtime eligibility threshold to include millions more workers, a change that was supposed to go into effect in December but was blocked at the last minute by a judge. Now, of course—of course—Mr. Populist is rolling back Obama’s expansion. Trump’s Labor Department announced Tuesday that it would be doing something to the overtime eligibility threshold, but it’s not clear what, and they’re definitely not going to be raising the threshold to $47,000 like Obama proposed.

In the final days of the Obama administration, the Labor Department had appealed the judge’s decision blocking implementation of the raise, and Trump’s Labor Department agreed in court that it has the power to set the eligibility threshold. But Labor Secretary Alexander Acosta plans to use that power in a very different way than Tom Perez did under Obama:

On Tuesday, the department said in light of the pending appeal, it decided to issue a request for comments rather than skip immediately to rescinding or revising the rule.

The agency asked for input on whether the current threshold of $23,660 set in 2004 should be updated for inflation, and whether there should be multiple levels based on region, employer size, industry or other factors. […]

The department also asked employers to explain how they prepared for the rule to take effect and whether it has had an outsize impact on small businesses and particular industries.

The department said it was considering eliminating the salary threshold, leaving overtime eligibility to be based on workers’ job duties.

Mind you, the Obama administration already had a lengthy comment period and took 300,000 comments. But we know the Trump regime will be listening to comments from one set of people in particular: bosses who want to exploit their workers.

This blog was originally published at DailyKos by Laura Clawson on July 26, 2017. Reprinted with permission.

About the Author: Laura Clawson is labor editor at DailyKos.

Tell the Labor Department Not to Repeal the Persuader Rule

Monday, June 19th, 2017

The Labor Department issued a proposal on Monday that would rescind the union-buster transparency rule, officially known as the persuader rule, designed to increase disclosure requirements for consultants and attorneys hired by companies to try to persuade working people against coming together in a union. The rule was supposed to go into effect last year, but a court issued an injunction last June to prevent implementation. Now the Trump Labor Department wants to eliminate it.

We wrote about this rule last year. Repealing the union-buster transparency rule is little more than the administration doing the bidding of wealthy corporations and eliminating common-sense rules that would give important information to working people who are having roadblocks thrown their way while trying to form a union.

AFL-CIO spokesman Josh Goldstein said:

The persuader rule means corporate CEOs can no longer hide the shady groups they hire to take away the freedoms of working people. Repealing this common-sense rule is simply another giveaway to wealthy corporations. Corporate CEOs may not like people knowing who they’re paying to script their union-busting, but working people do.

If the rule is repealed, union-busters will be able to operate in the shadows as they work to take away our freedom to join together on the job. Working people deserve to know whether these shady firms are trying to influence them. The administration seems to disagree.

A 60-day public comment period opened Monday. Click on this link to leave a comment and tell the Labor Department that we should be doing more to ensure the freedom of working people to join together in a union, not less. Copy and paste the suggested text below if you need help getting started:

“Working people deserve to know who is trying to block their freedom from joining together and forming a union on the job. Corporations spend big money on shadowy, outside firms that use fear tactics to intimidate and discourage people from coming together to make a better life on the job. I support a strong and robust persuader rule. Do not eliminate the persuader rule.”

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist.  Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.  Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History.  His writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.

HELP Committee Should Ask Acosta for Commitments to the DOL Mission

Tuesday, March 21st, 2017

Ahead of Wednesday’s confirmation hearing for Alexander Acosta as Secretary of Labor, workers and workers’ advocates have been vocal about their concerns with his appointment. Workplace Fairness, the Leadership Conference on Civil and Human Rights, and Senator Elizabeth Warren, among others, are seeking assurances from Mr. Acosta about how he intends to protect workers and carry out the mission of the Department of Labor.

While we haven’t seen the level of outrage with the Acosta nomination that we saw with former nominee Andrew Puzder, Mr. Acosta still has a lot to answer for, and his relative lack of a record on workers’ rights issues is cause for concern. Will he protect against political influence and work to uphold the Department’s mission to promote worker welfare and assure workers’ benefits and rights?  Or will he toe the line of the Trump administration, fail to aggressively pursue investigations and litigation, and leave American workers out in the cold?

Transparency

Earlier this month, Workplace Fairness sent a position statement to the Senate HELP committee in charge of the confirmation hearing. Workplace Fairness focuses generally on advocating for workers’ rights, and more specifically on ensuring that America workers have access to comprehensive, easy to understand, information about their legal rights and remedies in the workplace. Workplace Fairness made clear that in light of recent issues with information going missing from government websites, Mr. Acosta should commit to ensuring that DOL continually provides transparency about his intentions going forward, and provides comprehensive information to the public about our rights in the workplace and how to enforce them.

Politicized hiring

Another issue sparking a call for assurances from Acosta is the potential for politicized hiring at the Department of Labor. The Trump administration is actively promoting an anti-worker agenda, from appointing a cabinet full of millionaires, to cutting the budget for programs that help workers, and working to repeal the Affordable Care Act which will dramatically impact all workers’ health benefits, even those insured through their employers. It is vital that the Secretary of Labor guard against politicized hiring that would turn the Department into an ally of the current administration rather than an agency committed to protecting workers. Acosta will most certainly have to answer questions about the 2008 report from the Office of the Inspector General which implicated him in politicized hiring at the Department of Justice when he was an Assistant Attorney General. The report found that he failed to properly supervise his deputy assistant who was clearly engaged in politicized hiring, in violation of civil service laws. He will need to explain to the HELP Committee how he intends to ensure that this type of hiring doesn’t happen at the Department of Labor. The Leadership Conference on Civil and Human Right recently issued a statement (joined by Workplace Fairness and 86 other organizations) specifically asking how Acosta would prevent political interference with the Office of Federal Contract Compliance, the Wage and Hour Division, and the Bureau of Labor Statistics as they carry out their missions to enforce rules and laws like the Fair Labor Standards Act and the Overtime Rule, and report vital statistics and information to the  American public.

Budget cuts

Senator Elizabeth Warren also raised grave concerns about a variety of issues, including politicized hiring and budget cuts at the DOL in her 23-page letter to Acosta, asking him to respond by March 27.  Senator Warren asks Acosta to detail how he intends to continue the work of investigating and litigating labor law violations under Trump’s proposed 21% cut to the DOL budget. She says

“I am also concerned about how you will respond to President Trump’s plan to cut more than 20% of DOL’s budget-the third biggest cut to any agency after the State Department and the Environmental Protection Agency…These draconian cuts will hobble your ability to run core parts of the agency, including the divisions that investigate and enforce the federal health and safety standards that keep workers safe on the job and the federal wage and hour laws that ensure that workers are paid fairly.”

The cut would bring the DOL budget to its lowest level since the 1970’s, according to the New York Times.

The upshot

It is expected that Acosta will be confirmed, as confirmation only requires a simple majority vote, and the Republicans have 52 seats in the Senate. Democrats and workers’ rights advocates hope to use this confirmation hearing as an opportunity to get some important assurances and commitments from Acosta on the record.

Many workers’ rights groups and other organizations, like the Economic Policy Institute, with its Perkins Project, are poised to pay close attention to what the Department does in the coming years, and to hold the Secretary of Labor accountable for the promises he makes. And as always, Workplace Fairness will continue to maintain free, up-to-date, comprehensive, easy to read information for the public about what their rights are in the workplace, and how to enforce them. These efforts will become even more critical in the days ahead as government agencies are forced to eliminate staff positions and enforcement activities, and potentially lessen their commitment to protecting the rights of workers.

SHANNON RUSZ has been associated with Workplace Fairness since 2009. Since 2014 she has worked as Content Manager for Workplacefairness.org, and most recently has taken on the role of Acting Executive Director of Workplace Fairness. Shannon is an attorney practicing in the Annapolis, Maryland area. She received her undergraduate degree from Virginia Commonwealth University and her Law degree from The George Washington University Law School.

Despite Some Union Support, Trump’s New Labor Pick Would Be Terrible for Workers

Tuesday, March 14th, 2017

President Donald Trump’s new pick to head the Labor Department is getting an early boost from a “divide-and-conquer” strategy against labor unions and their allies, even before his qualifications and background as a civil servant are scrutinized in a Senate confirmation hearing.

The nomination of R. Alexander Acosta was announced by Trump less than 24 hours after the president’s first choice for the job, hamburger-chain executive Andrew Puzder, dropped out of consideration. Puzder faced mounting Senate opposition, even from some conservative Republicans, because of disclosures that he had personally broken labor law by hiring an undocumented household servant, and also that he had been accused of spousal abuse many years ago.

Labor unions and Democratic Party leaders in Washington, D.C., had maintained a unified front against the Puzder nomination but that unity dissolved almost immediately with the announcement of Acosta’s nomination February 16. His first confirmation hearing, which was scheduled for this week, has been moved to March 22.

The first endorsement came from the International Union of Operating Engineers, followed by one from the International Association of Fire Fighters and then the Laborers International Union of North America (LIUNA) got on board. AFL-CIO President Richard Trumka even offered lukewarm praise, telling MSNBC News: “Well, we’re going to vet him, but he does have a history of enforcing the laws that protect workers, which is a real plus, whereas Puzder had a history of violating the rules.”

Acosta, 48, is currently dean at the Florida International University’s law school, a position he has held since 2009. A Harvard-trained lawyer, he held several appointed positions in the administration of George W. Bush. Before that, he was a labor lawyer at the giant law firm Kirkland & Ellis LLP, known for representing large multinational corporations.

Pro-labor Democrats in the Senate have been conspicuously quiet on Acosta’s nomination—at least thus far. Sen. Elizabeth Warren, a Democrat from Massachusetts, for example, was an outspoken opponent of Puzder but spokeswoman Alexis Krieg tells In These Times that the senator has no comment on Acosta.

Not so shy is Erik Loomis, assistant professor of history at the University of Rhode Island and a labor commentator at the progressive blog Lawyers, Guns & Money. He said:

“The selection of Alexander Acosta should provide no comfort for those who worked to reject Andy Puzder. Acosta has a lifetime of anti-union and anti-worker positions. Appointed to the National Labor Relations Board by George W. Bush, Acosta consistently decided with employers during his term. His support of Ohio’s attempt to suppress black voting in 2004 is deeply disturbing. That the AFL-CIO seems to think Acosta is as good as they are going to get under Trump is depressing, but perhaps realistic.”

William B. Gould IV, a law professor at Stanford University, agrees with Loomis’ analysis of Acosta’s tenure at the National Labor Relations Board (NLRB). He says Acosta had “a short, and for the most part uninspiring record” at the NLRB. Acosta served at the board for just eight months in 2003, a time when anti-union Republicans were in control.

Gould, a former NLRB chairman during the President Bill Clinton administration, cites several cases as examples of Acosta’s anti-worker positions:

  • Alexandria Clinic, P.A., 339 NLRB No. 162 (2003). Acosta voted that hospital strikers could be legally fired because they delayed the beginning of an otherwise legal job action by several hours.
  • Curwood Inc., a division of Bemis Company Inc., 339 NLRB No. 148 (2003). Acosta voted to ignore otherwise illegal threats made by the employer against workers trying to form a union. He also sanctioned otherwise illegal promises of new benefits to workers who would vote against the union.
  • Beverly Health, 339 NLRB No.161 (2003). Acosta voted against a corporate remedy in spite of the fact that the company had been found guilty of extensive misconduct on other occasions. His vote was in the minority.

“Curiously, one opinion of Acosta’s, while laudable and appropriate, will give him problems with the anti-immigrants,” among conservative Republicans, Gould adds.

In the case of Double D Construction, 339 NLRB No.48 (2003), Acosta stated that a worker who used a false social security number should not be considered guilty of committing a crime. Such misrepresentations are just part of the workday reality for undocumented workers, Acosta argued. This was the correct decision, according to Gould, but will likely be viewed differently by Republicans favoring a hard line against immigrants.

Equally problematic for worker rights advocates is Acosta’s tenure at the Department of Justice, where Acosta held appointed positions starting in 2003, says Saru Jayaraman, co-director of the pro-worker Restaurant Opportunities Center United.

There are at least two “troubling” episodes in Acosta’s Department of Justice career, Jayaraman says. First, Acosta is on record supporting efforts to restrict voting rights for African Americans in Ohio in 2004. In that case, Acosta was accused of exerting political pressure to help suppress voter turnout. “Voting rights are essential to labor rights, so I see this as important,” Jayaraman says.

So does the Lawyers’ Committee for Civil Rights Under Law, an advocacy group that has been fighting attempts to restrict voting laws. Committee President Kristen Clarke stated:

Mr. Acosta led the Civil Rights Division at a time that was marked by stark politicization, and other improper hiring and personnel decisions that were fully laid to bare in a 2008 report issued by the Office of Inspector General (OIG). The OIG found that actions taken during Mr. Acosta’s tenure violated Justice Department policy and federal law. Political and ideological affiliations were used as a litmus test to evaluate job candidates and career attorneys, wreaking havoc on the work of the Division. This egregious conduct played out under Mr. Acosta’s watch and undermined the integrity of the Civil Rights Division. It is hard to believe that Mr. Acosta would now be nominated to lead a federal agency tasked with promoting lawful hiring practices and safe workplaces.

A second troubling incident was a plea deal that Acosta negotiated while he was the U.S. Attorney for the Southern District of Florida in 2005, Jayaraman says. In that case, a man accused of having sex with underage girls and soliciting prostitution received a light sentence, apparently because the man was a wealthy businessman who could afford expensive lawyers, she claims.

“This was a sexual predator. This is very relevant to workers in the restaurant sector because sexual harassment and sexual abuse in the restaurant industry is just rampant,” Jayaraman tells In These Times. “Acosta does not take the issue seriously.”

But in the final analysis, “it doesn’t matter whether it’s Puzder or this guy (Acosta). The agenda is the same … The secretary of labor doesn’t set the policy, the president does,” says Jayaraman.

Loomis concurs.

He says: “Trump’s selections, both Puzder and Acosta, are inherently anti-worker. But so is Donald Trump, despite the unusual level of support he received from union members.”

This blog originally appeared at Inthesetimes.com on March 13, 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.

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