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Posts Tagged ‘Department of Defense’

L.A. Port Strike Today Over Federal Contractor Wage Theft

Thursday, November 3rd, 2016

dave.johnson

 

“An order that creates a culture of legal compliance could have a transformative impact on American industry.” George Faraday, Legal and Policy Director at Good Jobs Nation

 

Truck drivers and warehouse workers working for federal contractors at the Port of Los Angeles are striking for 48 hours to draw attention to wage theft and other violations. These workers work for companies that contract with the federal Department of Defense. They say they have been misclassified as “independent contractors”, had their wages stolen and have been retaliated against for exercising the right to organize.

The workers are doing this because President Obama’s Fair Pay & Safe Workplaces Executive Order protecting low-wage workers on federal contracts from wage theft and other labor law violations takes effect today. Contractors are supposed to start reporting whether they are found in violation of wage theft and other labor laws and regulations. Later the government can use this information in the decision process for awarding contracts.

On a press call discussing today’s strike, Jaime Martinez, a port worker, explained that he has worked for K&R, a federal contractor, for 19 years. “We are on strike today for issues including respect and and wage theft. We earn very low wages, with no benefits and no workers compensation because we are classified as independent contractors.”

Obama’s Fair Pay and Safe Workplaces Executive Order

July’s post, Obama’s ‘Fair Pay and Safe Workplaces Executive Order’ explained,

President Obama’s executive order cracks down on federal contractors who break hiring, health and safety, and wage laws. It also prohibits employers from requiring mandatory arbitration agreements with employees of federal contractors, in order that workers can get their day in an actual court instead of being forced to appear in front of an arbitrator picked and paid for by the company when there is a dispute involving the Civil Rights Act or related to sexual assault or harassment.

Specifically, the new rules require companies that bid on federal contracts to disclose wage and hour, safety and health, collective bargaining, family and medical leave, and civil rights violations from the prior three years. Federal contractor hiring officers are to take serious violations into account before awarding contracts. These officers will be issued guidelines on whether certain violations “rise to the level of a lack of integrity or business ethics.”

This Is A Big Deal

According to Good Jobs Nation this will affect a large number of workers around the country,

  • A U.S. Senate investigation revealed that federal contractors were responsible for nearly one-third of the largest U.S. Department of Labor penalties for wage theft and other legal violations;
  • A report by the National Employment Law Project found that 1 in 3 low-wage federal contract workers are victims of wage theft; and
  • An analysis by the Government Accountability Office showed that known legal violators have continued to receive lucrative federal contracts because of lax government oversight and enforcement.

“Creates A Culture Of Legal Compliance”

Companies with federal government contracts employ 1 in 4 American workers. Thanks to this executive order they will have to demonstrate a record of labor law compliance, including wage and hour and health and safety laws. On the press call discussing today’s strike Good Jobs Nation’s Legal and Policy Director George Faraday said, “An order that creates a culture of legal compliance could have a transformative impact on American industry.”

Fair Pay Hotline And Website

Also today, Good Jobs Nation is launching the first-ever national legal hotline – 1-844-PAY-FAIR – for federal contract workers to report law-breaking. Information is also available at goodjobsnation.org/payfair,

If you are a worker on a federal contract and you believe that are not receiving the pay and benefits owed to you under federal laws – like the Service Contract Act or the Davis Bacon Act – contact Good Jobs Legal Defense at 1-844-PAY-FAIR or click below.

This post originally appeared on ourfuture.org on October 25, 2016. 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.

 

This week in the war on workers: New Balance presses the Pentagon to move on US-made sneakers

Wednesday, July 15th, 2015

Laura ClawsonBuying American-made products is a good way to support jobs. If you’re looking for American-made shoes, New Balance is one of your major options. And the shoe company is pushing the U.S. military on that:

Massachusetts-based shoe company New Balance says that the military is dragging its feet on a promise it made to outfit soldiers with American-made shoes.  The promise came in April of 2014 when the military announced it would honor the Berry Amendment, a 1941 law requiring the Department of Defense (DoD) to give priority to American goods.  The Department of Defense had previously argued that sneakers were not part of the official uniform and therefore not subject to the Berry amendment.More than a year later it seems little progress has been made. New Balance claims retaliation while the military claims the transition is moving at an acceptable speed. Other apparel companies who have done business with the DoD have come to the military’s defense using the backhanded compliment that they really do move that slow.

(That second paragraph seems like it belongs in a “this week in weak defenses” round up.) Sneakers by New Balance are undergoing an extensive testing process now; Saucony says it’s working on a sneaker that might ultimately be used by the military.

This blog was originally posted on Daily Kos on July 11, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura has been a Daily Kos contributing editor since December 2006 and Labor editor since 2011.

Department of Defense Expands Ban on Forced Arbitration for Servicemembers

Tuesday, September 30th, 2014

ellen tavernaToday the Department of Defense (DoD) issued a new proposed rule expanding important protections to servicemembers and their families from predatory lending. The new rule closes the loopholes in the Military Lending Act (MLA) that allowed many financial services to fall outside the scope and protections of the law and put servicemembers at financial risk.

In 2006, the DoD reported to Congress that “…predatory lending undermines military readiness, harms the morale of troops and their families, and adds to the cost of fielding an all-volunteer fighting force.” In response in large part to the DoD report, the MLA, bipartisan legislation passed by Congress and signed by George W. Bush in 2007, capped interest rates at 36 percent and applied other key consumer protections to certain forms of credit.

One very important consumer protection of the MLA includes a ban on forced arbitration clauses. Forced arbitration clauses are buried in the fine print of financial contracts and require servicemembers to resolve disputes with companies in a private system, outside of court. Arbitrators are not required to follow the law, and there is no public review to make sure the arbitrator got it right. In its 2006 reposrt, the DoD states that “Servicemembers should retain full legal recourse again unscrupulous lenders. Loan contracts to Service members should not include mandatory arbitration clauses or onerous notice provisions, and should not require the Service member to waive his or her right of recourse, such as the right to participate in a plaintiff class.”

Unfortunately, the MLA only covers a narrow subset of payday loans, auto title loans and refund anticipation loans and unscrupulous business often founds ways around the law. We applaud the DoD’s new proposed rule to expand the current military financial protections and the ban on forced arbitration to a wide range of high-cost loans made to active-duty servicemembers and their dependents.

We hope the Consumer Financial Protection Bureau (CFPB) follows the lead of the DoD to protect all consumers – both military and civilian.  The CFPB is required by the Dodd-Frank Act to study the use of forced arbitration and is authorized to issue a rule to limit or ban forced arbitration in all consumer contracts for financial services and products under its jurisdiction.  We encourage the CFPB to write a strong rule to eliminate forced arbitration clauses for the benefit of all consumers.

This blog originally appeared in Fair Arbitration Now on September 26, 2014. Reprinted with permission. http://www.fairarbitrationnow.org/department-of-defense-expands-ban-on-forced-arbitration-for-servicemembers/

About the author: Ellen Taverna is the Legislative Director at the National Association of Consumer Advocates. As NACA’s Legislative Director, Ellen identifies and monitors key legislative issues related to consumer justice and consumer financial services issues, organizes and coordinates NACA’s membership to promote these issues, attends various coalitions with other communities who share our agenda, communicates with members of Congress, and builds Hill and Administration contacts on specific legislative and regulatory issues. The issues that she focuses on include, but are not limited to, homeownership/foreclosure prevention, debt collection, payday lending and ensuring the regulatory implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act

 

Franken's Anti-Rape Amendment Survives

Thursday, December 17th, 2009

Image: Sam SteinAn amendment that would prevent the government from working with contractors who deny victims of sexual assault the right to bring their case in court has survived attempts to dull its impact and seems poised to become law.

The Senate Committee on Appropriation passed, on Tuesday, a defense appropriations bill that included the “anti-rape” amendment introduced by Sen. Al Franken (D-Minn.). The legislation was intended to address and prevent a recurrence of the assault and rape that Jamie Leigh Jones, a defense contractor for the company KBR, alleged was committed by her fellow employees. But the amendment became a subject of debate after the Department of Defense, Republicans in the Senate, and even the committee chairman, Sen. Dan Inouye (D-Hawaii) raised concerns that it would leave contractors over exposed to lawsuits.

Photo: Huffington Post

Photo: Huffington Post

The final product, in the end, proved remarkably strong. According to a Franken aide, the substance of the language “is unchanged.” Under the amendment the government would not be able to do business with companies that deny court hearings for victims of either assault, false imprisonment, intentional infliction of emotional distress or negligent hiring practice. The controversial Title VII provision, which would allow victims of assault to sue the employers of the alleged perpetrator and not just the perpetrator himself or herself, remains in the bill. Meanwhile, the threshold at which companies will be subjected to the legislation is set at those who have contracts totaling $1 million or more.

All told, the legislation would affect all major and many minor contractors, forcing them to choose between allowing litigation for their employees or forfeiting the hundreds of millions in dollars that are doled out annually in contracts by the federal government.

The Franken amendment includes a national security waiver, meaning that the Department of Defense could circumvent the law if it is deemed dangerous to U.S. safety. But, for that to happen, the Secretary of Defense would have to “personally explain why the waiver was used to Congress and at that point make it public,” the Franken aide explained.

“I came to Washington to stand up for folks like Jamie Leigh, and stand up to the powerful interests that too often silence their voices,” Sen. Franken said in a statement. “I was gratified to see so many of my colleagues in Congress and so many national civil rights leaders join in this effort. The Jamie Leigh Jones amendment is on its way to becoming law thanks to their work, the work of Chairman Inouye, and the work of the White House. I’m pleased that together, we were able to find a solution that allows victims of assault and discrimination their rightful day in court.”

The amendment was initially added to the defense appropriations bill on October 21, 2009 by a 68 to 30 vote. Despite wide support for the measure (and ridicule for the 30 Republicans who opposed it) both the Obama administration’s Department of Defense and Chairman Inouye raised concerns while the legislation was being considered in conference committee. Attempts to strip it of the Title VII provision were met with public outcry, which a Senate source familiar with the negotiations says was partially responsible for its ultimate passage.

“The public support surprised a lot of senators and not just the chairman,” said the source. “The White House was working with Franken’s office to find language that would be enforceable… and I think by the time those talks began everyone was on board, including Chairman Inouye.”

*This article was originally published in the Huffington Post on December 16, 2009. Reprinted with permission from the author.

About the Author: Sam Stein is a Political Reporter at the Huffington Post, based in Washington, D.C. Previously he has worked for Newsweek magazine, the New York Daily News and the investigative journalism group Center for Public Integrity. He has a masters from the Columbia University Graduate School of Journalism and is a graduate of Dartmouth College. Sam can be reached at stein@huffingtonpost.com.

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