Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘DACA’

With All Eyes on DACA, the Trump Administration Is Quietly Killing Overtime Protections

Thursday, September 7th, 2017

On September 5, the administration of Donald Trump formally announced that they won’t try to save Obama’s overtime rule, effectively killing a potential raise for millions of Americans. This disturbing development has largely slipped under the radar during a busy news week, marked by Trump’s scrapping of the Deferred Action for Childhood Arrivals (DACA) program.

Twenty-one states and a number of business groups sued the Obama administration last September, after the Department of Labor (DOL) announced the new rule, accusing the former president of overreach.

That lawsuit led to Amos Mazzant, a federal Obama-appointed judge in Texas, putting the rule on hold last November, shortly before it was set to become law. On August 31, Mazzant struck the rule down, and—less than a week later—Trump’s Department of Justice (DOJ) declined to challenge the District Court’s decision. In a court filing, a DOJ lawyer said that the administration would not appeal.

The Obama administration’s rule would have raised the overtime salary threshold considerably. The threshold hadn’t been increased by any administration to adequately reflect wage growth or inflation, which means that many workers only see overtime pay if they make less than about $23,660 a year. Obama had scheduled that number to be bumped up to about $47,476 after reviewing 300,000 comments on the subject.

“The overtime rule is about making sure middle-class jobs pay middle-class wages,” former Labor Secretary Tom Perez told reporters on a call after the rule was announced in May 2016. “Some will see more money in their pockets … Some will get more time with their family … and everybody will receive clarity on where they stand, so that they can stand up for their rights.”

While the overtime rule faced predictable opposition from Republicans and business groups, it also received backlash from some liberal advocacy organizations. In May 2016, U.S. PIRG, the popular federation of non-profit organizations, released a statement criticizing Obama’s decision. “Organizations like ours rely on small donations from individuals to pay the bills. We can’t expect those individuals to double the amount they donate,” said the group.

Critics of the statement pointed out that U.S. PIRG’s opposition suggests they have employees not being paid for overtime despite their low wages. The group was slammed by progressives for supporting a regressive policy when it benefited their economic interests.

The DOL claimed that the rule would mean a pay increase for about 4.2 million Americans, but the Economic Policy Institute (EPI) contends that the DOL’s figure is far too low. According to EPI, the DOL’s analysis fails to take the impact of George W. Bush’s overtime policies into account and relies heavily on statistics that were generated before he took power. EPI estimates that, because of changes to employee classifications in 2004, roughly 6 million workers had their right to overtime destroyed.

The EPI’s study of the overtime rule determined that about 12.5 million workers would have been impacted if it had been implemented. A wide range of workers would have potentially seen a pay increase, including 6.4 million women, 1.5 million African Americans and 2.0 million Latinos, the EPI concludes.

“Once again, the Trump administration has sided with corporate interests over workers, in this case, siding with business groups who care more about corporate profits than about allowing working people earn overtime pay,” Heidi Shierholz, who leads the EPI’s Perkins Project on Worker Rights and Wages, told In These Times.

The Trump administration’s move might be disappointing for workers’ rights advocates, but it’s hardly surprising. As a presidential candidate in 2016, Trump vowed to kill the overtime rule if elected. “We have to address the issues of over-taxation and overregulation and the lack of access to credit markets to get our small business owners thriving again,” he said in an interview. “Rolling back the overtime regulation is just one example of the many regulations that need to be addressed to do that.”

While many pundits have focused on Trump’s unrelenting series of failures and scandals, his administration has quietly waged a fairly successful war on labor. In addition to nixing one of Obama’s most notable policy achievements, the Trump administration is also poised to stack the National Labor Relations Board with a pro-business majority, has proposed major cuts to the Labor Department and has rolled back safety protections for workers.

Last month, Bloomberg reported that Trump’s Labor Department had created an office specifically designed to reconsider government regulations. The office will be run by Nathan Mehrens, the anti-union lawyer who is also in charge of the department’s policy shop.

Trump geared much of his campaign rhetoric toward the U.S. worker, vowing to dismantle exploitative trade agreements and bring back jobs. However, his administration has simply emboldened the anti-labor forces that have dictated economic policy for decades.

This blog was originally published at In These Times on September 7, 2017. Reprinted with permission. 

About the Author: Michael Arria covers labor and social movements. Follow him on Twitter: @michaelarria

How Ending DACA Hurts All Low-Wage Workers

Tuesday, September 5th, 2017

This morning Attorney General Jeff Sessions announced that the Trump administration will “wind down,” and in six months, end Deferred Action for Childhood Arrivals (DACA), a Department of Homeland Security initiative put in place in 2012 that temporarily deferred the deportation of approximately 800,000 young immigrants who were brought to the United States as children. DACA has been an unqualified success and has benefited not only the DACA recipients themselves, but also the country and the economy.

The young immigrants who met the requirements and passed the necessary background checks for DACA were promised by the federal government that they would not be removed from the United States for two years at a time, as long as they kept applying to renew, kept a clean criminal record, and were either enrolled in school or graduated, or serving in the military or honorably discharged. Because of these requirements, we know that nearly all of the recipients are deeply integrated into their local American communities and labor markets.

Along with protection from removal, DACA recipients are entitled to receive an employment authorization document (EAD), allowing them to be employed in the United States legally, along with certain other benefits. More than 100 legal experts and 20 state attorneys general have recently argued that DACA is a lawful use of the executive branch’s prosecutorial discretion, and as I have written before, the granting of an EAD to deferred action recipients is clearly authorized by statute. Together this means that eliminating DACA is entirely a political decision and not a legal one. The impact of this political decision is significant: 800,000 young immigrants—many of whom have never known another country except when they were small children—will become instantly deportable and lose the ability to work legally and contribute to the United States, and will be effectively left without labor rights and employment law protections in the workplace.

To call this decision tragic is an understatement. Not only is it inhumane—after President Trump promised to treat DACA recipients with “heart”—but the evidence is clear that DACA has positively benefited the U.S. labor market. The vast majority of DACA recipients are employed, 87 percent, and on average DACA recipients saw their wages increase by 42 percent after receiving an EAD. Those gains—and the higher tax revenue to the federal and state and local governments that have accompanied it and benefited public coffers—are now in jeopardy.

President Trump has also repeatedly voiced his desire to help improve working conditions for American workers, but by ending DACA he is harming the U.S. citizens and lawful permanent residents who are employed alongside DACA recipients. Once DACA recipients lose their work authorization, they will effectively be unable to complain when they are paid below the minimum wage, aren’t paid for overtime hours, or when their employer subjects them to unsafe conditions at the workplace. All immigrant workers who are unauthorized are often too afraid to speak out when employers take advantage of them, because they know their bosses can threaten them with deportation and use their immigration status to retaliate against them. The impact of this is not theoretical: research has shown that unauthorized immigrants suffer much higher rates of wage theft than U.S. citizens. The reasonable fear unauthorized workers feel keeps them docile and quiet, which in turn diminishes the bargaining power of Americans who work alongside unauthorized workers. Ending DACA and forcing these young workers out of the formal, regulated labor market, thus making them easily exploitable, will not help American workers, it will do the opposite.

Ending DACA will destroy the educational and employment prospects of 800,000 young immigrants who did nothing wrong, while at the same time hurting the wages and labor standards of American workers. If President Trump were serious about improving labor standards for working people, he would reconsider and reverse his decision.

 This blog originally appeared at In These Times on September 5, 2017. Reprinted with permission.
About the Author: Daniel Costa has been director of immigration law and policy research since 2013, having joined EPI in 2010 as an immigration policy analyst. An attorney, his current areas of research include a wide range of labor migration issues, including the management of temporary foreign worker programs, both high- and less-skilled migration, immigrant workers’ rights, and forced migration, including refugee and asylum issues and the global migration crisis.

In Their Own Words: Why Immigrant Worker Protections Must Be Extended

Wednesday, August 16th, 2017

A primary goal of the labor movement is to make every job in our country a good job. To do that, we must and we will stand with every worker in the fight for basic rights and dignity on the job. More than 1 million working people are in danger of having their work permits stripped away if the Trump administration ends the Temporary Protected Status and Deferred Action for Childhood Arrivals programs. This is unacceptable. We will fight for and with them just as they have fought for and with all of us.

The DACA and TPS programs help working people and they help the country. Here are just a few stories of union members whose lives have been changed because of these programs. Please send us your story of how DACA and TPS made your life better and helped you exercise your basic rights and find dignity on the job.

Reyna Sorto, Painters and Allied Trades (IUPAT) member:

Employers exploit immigrant workers because they think our fear will keep us silent from speaking out against abuses, even though TPS is not permanent, it does provide a level of protection that can give a worker strength to speak truth to power and denounce exploitative working conditions.

Karen Reyes, DACAmented teacher in Austin, Texas, and member of AFT:

DACA made me visible. It made me realize that those opportunities that I thought were not for me—were now possible. DACA made it possible for me to be able to find a job in teaching. It made it possible to be able to earn money to be help out my mom while she went through numerous health issues. DACA made it possible for me to teach children who are deaf and hard of hearing. DACA made me find my voice and made me be able to live without fear. We must #DefendDACA because after living here for 26 years—I am here to stay.

Gerdine Vessagne, housekeeper in Miami Beach, Florida:

TPS has allowed me to provide for my five children, including two back home and three born here. But this isn’t just about me. Over 50,000 Haitian nationals working in the U.S. have this protected status. We are the engine of Florida’s hospitality industry, much of which greatly depends on our labor.

Cecilia Luis, housekeeper in Orlando, Florida.:

I know a lot of people here that don’t eat or sleep because they’re worried they’ll be sent back to Haiti. It’s not as easy to leave when you’re sending money to your family to help them survive. My God knows everything, and I’m asking him to speak to their hearts so they don’t do this. A lot of people will suffer.

Areli Zarate, DACAmented teacher in Austin, Texas:

DACA allowed me the opportunity to come out of the shadows and lose the fear of deportation. I have a social security number and work permit which gives me the opportunity to follow my dream and teach. I am about to begin my fourth year of teaching with a big heart filled with love and passion for my profession. I am dedicated to my students and it’s hard to see myself doing something else. Yet, every time I have to renew my DACA I am reminded that my status is temporary. I am currently pending a decision on my renewal and I am praying to God that I will be allowed to teach for another two years until my next renewal.

Maria Elena Durazo, UNITE HERE General Vice President for Immigration, Civil Rights and Diversity, spoke for many working people in the hospitality industry:

The American hospitality industry runs because of the women and men on DACA and TPS working in it. These immigrants prove their value to this country every day, and many have been living in and contributing to America for more than a decade. These men and women have deep roots in this country, and are longtime employees, spouses, parents, neighbors and community members. Losing DACA and TPS would destroy both their families and the hotel industry that is built on their work. We must extend TPS and protect DACA—for our sisters and brothers working under them, for their families and for the health of the American economy.

These stories make it clear that the ability to exploit any worker undermines standards for all working people. Increasing the pool of vulnerable workers in our country directly threatens the labor movement’s mission of raising wages and improving working conditions. We call on our nation’s leaders to reverse the destructive course we are on and take these immediate steps to reduce the fear in our workplaces:

  • Defend DACA and protect this vital young workforce;
  • Continue TPS for all affected countries; and
  • Protect labor rights by preventing immigration enforcement from interfering with other important roles of government.

The words of AFL-CIO President Richard Trumka sum it up:

DACA and TPS holders are members of our families, our unions and our communities who have made positive contributions to our society for many years. We will not allow them to lose their rights and status. We will stand with them in the fight to defend these programs as a necessary part of our long-term struggle to ensure that all working people have rights at work and the freedom to negotiate together for fair pay and conditions.

We call on the Trump administration to demonstrate a genuine commitment to lifting up the wages, rights and standards of all working people by acting to defend and extend vital DACA and TPS protections.

This blog was originally published at AFLCIO.org on August 16, 2017. Reprinted with permission.

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.

Thanks to Obama, immigrants are getting better jobs

Tuesday, October 18th, 2016

The vast majority of undocumented immigrants who have been given the temporary ability to legally work in the United States are currently employed or attending school—helping them make “significant contributions” to various labor markets—according to a national survey released Tuesday by immigrant advocacy groups.

The survey took a look at 1,308 people who received legal work authorization and deportation relief through the Deferred Action for Childhood Arrivals (DACA) initiative, an 2012 executive action from the Obama administration aimed at assisting undocumented immigrants who grew up here in the United States.

According to the report, 95 percent of survey respondents are currently employed or enrolled in school. And nearly two-thirds of them reported receiving better pay under DACA, with almost half saying they found a job that “better fits my education and training.” Others said they now have a job with better working conditions.

The report also found that DACA recipients have gone into industries like educational and health services, nonprofit work, wholesale and retail trade, and professional and business services. Close to 6 percent of respondents started their own businesses—twice as high as the entrepreneur rate among the general American public.

The impact of DACA recipients on the U.S. economy has been enormous. Average hourly wages for DACA recipients have gone up by 42 percent, roughly an increase from $9.83 per hour to $13.96 per hour, according to the survey. More than half of all respondents said they recently purchased their first car, while 12 percent purchased their first home.

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Sigifredo Pizana Hernandez, of Grand Rapids, Michigan, attends the “Rally for Citizenship” on Capitol Hill in Washington, Wednesday, April 10, 2013, where tens of thousands of immigrants and their supporters are expected to rally for immigration reform. CREDIT: AP Photo/Jacquelyn Martin

“These large purchases [of vehicles] matter for state revenue, as most states collect between 3 percent and 6 percent of the purchase price in sales tax, along with additional registration and title fees,” study authors wrote. “The added revenue for states comes in addition to the safety benefits of having more licensed and insured drivers on the roads.”

The survey was conducted by UC San Diego Professor Tom Wong, the advocacy group National Immigration Law Center (NILC), the immigrant rights group United We Dream, and the think tank Center for American Progress. (Disclosure: ThinkProgress is an editorially independent website housed within the Center for American Progress.)

This survey echoes findings from a similar report conducted last year, which found that DACA recipients were able to get jobs that better matched their skills and that paid them better wages.

This research helps present a clearer understanding about the impact of the DACA initiative, which from its inception has received sharp criticism from Republicans who say the policy is a show of President Obama’s “executive amnesty overreach.” In fact, Obama’s actions are legal and based on a decades-old legal precedent for the executive branch to exercise prosecutorial discretion for some immigrants who have “non-priority enforcement status.”

About 741,546 undocumented immigrants have benefited under DACA as of mid-September, according to the latest U.S. Citizenship and Immigration Services (USCIS) data.

However, GOP presidential nominee Donald Trump—who typically refers to immigrants in disparaging terms and has promised to build a wall between the United States and Mexico—has indicated that he would dismantle the DACA initiative altogether if he becomes president.

This blog was originally posted on ThinkProgress on October 18, 2016. 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.

Supreme Court Should Approve Policies that Will Provide Much-needed Relief to Immigrant Working Families

Wednesday, January 20th, 2016

Richard L. TrumkaWe applaud the Supreme Court’s decision to take up the DAPA and expanded DACA case, which will have profound consequences for our immigrant brothers and sisters who live and work every day under a cloud of fear, as well as for the state of racial and economic justice in our country. We are confident the court will reverse the decision of the 5th U.S. Circuit Court of Appeals and allow the Deferred Action for Parents of Americans and expanded Deferred Action for Childhood Arrivals policies to go into effect, affording millions of people the opportunity to apply for work authorization and temporary protection from deportation. We encourage the Department of Homeland Security to take all steps necessary to ensure these much-needed policies can be implemented as soon as possible after the court issues its decision this summer.

At a time when working people feel increasingly disposable and deportable, when corporations are allowed to profit from the mass imprisonment of people of color, when our government is rounding up refugee families from their beds at night, and when we are confronting at so many levels the racial bias deeply entrenched in our laws and their enforcement, the outcome of this case will have a significant impact on the direction our nation takes moving forward.

At heart, the question the Supreme Court will consider is whether our immigration enforcement regime will be allowed to take modest steps to begin to protect and empower hardworking people, or whether it will continue to serve as a tool to exclude and oppress.

Much is at stake in this case, but working people do not need a court ruling to tell them what is just. In the face of criminalization, exploitation and base attempts to sow division, we will continue to work in every community in the country to build what we believe is the only true antidote: solidarity.

This blog originally appeared in aflcio.org on January 19, 2016. Reprinted with permission.

Richard Trumka is the president of AFL-CIO, the largest organization of labor unions in the country.  He is an outspoken advocate for social and economic justice.  Trumka heads the labor movement’s efforts to create an economy based broadly on shared prosperity and to hold government and employers accountable to working families.

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