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Posts Tagged ‘Department of Labor’

Trump’s Labor pick hasn’t even had a hearing yet and his confirmation is in serious jeopardy

Wednesday, February 15th, 2017

The fight against President Donald Trump’s pick for secretary of the U.S. Department of Labor, fast food CEO Andy Puzder, is shaping up to be as intense as opposition to Betsy DeVos’ nomination for education secretary. Puzder’s long delayed confirmation hearing is set for Thursday, and a few Republican senators are already signaling they may vote against him.

Sen. Susan Collins (R-ME), Sen. Lisa Murskowski (R-AK), Sen. Tim Scott (R-SC), and Johnny Isakson (R-GA) are withholding their support of his nomination. Sen. Elizabeth Warren (D-MA) made it clear through a 28-page letter with 83 questions for Puzder that she will ensure his confirmation process will be a knock-down, drag-out fight. Other prominent Democrats have spoken out against his record as an employer, and Senate Minority Leader Chuck Schumer (D-NY) has called on President Trump to withdraw Puzder’s nomination.

DeVos ultimately squeaked through a Senate floor debate, but only after an unprecedented tie-breaking vote from Vice President Mike Pence. For weeks before that vote, thousands of people flooded Senate offices with calls against her nomination, and teachers and their allies protested.

Two Republican senators, Sen. Collins and Sen. Murkowski, who now represent half of the Republican senators withholding support for Puzder, voted against her confirmation. Now that twice as many Republicans have already voiced apprehension regarding Puzder, his chances of being confirmed appear even lower.

In her letter, Warren mentioned his “record of prolific labor law abuses and discrimination suits” and “a sneering contempt for the workers in your stores, and a vehement opposition to the laws you will be charged with enforcing.”

Puzder’s CKE Restaurants, which owns fast food restaurants such as Hardee’s and Carl’s Jr., has been the subject of class action lawsuits over the denial of overtime pay as well as lawsuits accusing the company of discrimination. Workers also allege that they were fired for protesting as part of the Fight for 15 campaign.

ROC United, a restaurant employee advocacy group, released a report last month showing that many of the over 500 workers surveyed experienced sexual harassment and unsafe conditions working at CKE restaurants. Sixty-six percent of female CKE employees said they had experienced sexual harassment at work, compared to 40 percent of women who reported such incidents across the entire industry. Puzder has also opposed a $15 per hour minimum wage.

Puzder’s nomination has also been plagued with reports of domestic abuse against his first wife, Lisa Fierstein. On Tuesday, a Missouri judge will rule on whether to unseal records from Puzder’s 1987 divorce, just two days before the nominee’s confirmation hearing. Republican and Democratic senators have also received a tape from the Oprah Winfrey Network that shows a 1990 episode titled, “High-Class Battered Women,” in which Fierstein appeared to discuss the alleged domestic abuse. Fierstein has since retracted the domestic abuse allegations.

Collins has seen the tape, according to Bloomberg, and said, “I am reviewing the other information that has come to light and I’m sure all of this has been explored thoroughly.”

Like the teachers unions that opposed DeVos, which often work with the Fight for $15 campaign, labor groups also have the power to galvanize opposition to Puzder. Last Thursday, thousands of workers protested against his nomination across the U.S., a spokesman for the Fight for 15 campaign told The New York Times. Some of the protesters demonstrated at Carl’s Jr. and Hardee’s locations.

The passionate response to DeVos’ nomination, and eventually confirmation, may also be owed to the broad appeal of protecting public school funding, since plenty of middle class Americans of all political stripes send their kids to public schools or know someone who is a teacher. There is a possibility that a broad swath of Americans would similarly oppose a nominee for labor secretary whose record suggests that he will trample on labor protections.

This blog originally appeared at Thinkprogress.org on February 14, 2017. Reprinted with permission.

Casey Quinlan is an education reporter for ThinkProgress. Previously, she was an editor for U.S. News and World Report. She has covered investing, education crime, LGBT issues, and politics for publications such as the NY Daily News, The Crime Report, The Legislative Gazette, Autostraddle, City Limits, The Atlantic and The Toast.

Social Media is a Danger Zone for the Healthcare Industry

Thursday, February 2nd, 2017

Social media can cause big problems for healthcare workers and their employers. Because of HIPAA rules and other concerns, posting something as seemingly harmless as a selfie with a patient could ruin careers, or worse. Healthcare professionals do form bonds and friendships with some of their patients and because social media has become a place where people share details of their lives and their friends’ lives, it is understandable that a healthcare worker might slip up and post something that he or she shouldn’t. Understandable, but not excusable.

Blurred Lines

Healthcare workers are advised of HIPAA rules and know that information about their patients is confidential, but that hasn’t stopped some healthcare workers from getting into trouble for their social media posts. For example, when a police officer was brought into an emergency room and the staff was unable to save him, some posted their condolences on Facebook, complete with the name of the deceased officer. To make matters worse, the officer’s family had yet to be notified.

Certainly, the ER staffers were reacting to the heartbreak of losing a patient and doing what felt natural in the moment—sharing thoughts and feelings on social media. They were acting out of kindness.

Intent Doesn’t Matter

A post that is meant to be kind is still not OK. The bottom line is this: sharing any information about a patient is a HIPAA violation even if the social media account has the highest possible privacy settings (which are never 100% reliable), and even if the post is mourning the loss of a patient.

As Ed Bennett, director of Web strategy at University of Maryland Medical System points out, “We already have guidelines; social media is simply another form of communication. It’s no different from e-mail or talking to someone in an elevator. The safe advice is to assume anything you put out on a social media site has the potential to be public.”

What About Free Speech?

A recent social media conduct survey found that 41.2% of Americans believe that getting fired because of a social media post is an infringement of their First Amendment rights. In the private sector, it’s usually not.

The First Amendment affords Americans the right to free speech, which means they can express themselves without interference or constraint by the government. The First Amendment does not protect employees from private sector disciplinary action.

Healthcare professionals can get fired for a post, even one that does not violate HIPAA laws, as a Philadelphia hospital employee learned when she posted a racially-charged rant on social media. Word spread (because social media is not private!), someone started a change.org petition to demand that the hospital fire the employee (for a post that had nothing to do with her job) and the worker was fired.

Headaches All Around

An inappropriate social media post can become a major headache for everyone involved. According to the AMA:

Criminal penalties for a violation of HIPAA are directly applicable to covered entities—including health plans, health care clearinghouses, health care providers who transmit claims in electronic form, and Medicare prescription drug card sponsors. Individuals such as directors, employees, or officers of the covered entity, where the covered entity is not an individual, may also be directly criminally liable under HIPAA in accordance with principles of “corporate criminal liability.”

HIPAA was enacted in 1996 and social media didn’t begin to hit its stride until Facebook opened to the public in 2006. Since employers are liable, and HIPAA doesn’t explicitly address social media, many deem it prudent to have a very clear social media policy. As a healthcare employee, you should be aware of your employer’s policies, which may go above and beyond HIPAA.

Conclusion

The healthcare provider/client relationship is like no other. Healthcare professionals know the most personal details about their patients, and they care about their patients, yet they’re expected to maintain a professional relationship.

According to the US Department of Labor, “Employment of healthcare occupations is projected to grow 19 percent from 2014 to 2024, much faster than the average for all occupations, adding about 2.3 million new jobs. Healthcare occupations will add more jobs than any other group of occupations.” Workers of the future who have grown up with social media and habitually post random moments of their days on Snapchat or Instagram will have to learn to curb that behavior if they intend to get a job in the healthcare field—and keep it.

 

Ellen Gipko is a marketing analyst for white label SEO firm HubShout, and a writer specializing in the topics of social media and digital marketing. She has contributed content to Social Media Today, Search Engine Watch, Search Engine Journal and other industry websites.

New Congress on Track to Block Long-Sought Workplace and Public Health Protections

Wednesday, February 1st, 2017

An estimated 10,000 Americans die from asbestos-caused diseases each year, a figure that’s considered conservative. Asbestos is no longer mined in the United States but it still exists in products here, perpetuating exposure, especially for workers in construction and other heavy industries. In June 2016, after years of debate, the country’s major chemical regulation law was updated for the first time in 40 years, removing a major obstacle to banning asbestos.

Exposure to beryllium, a metal used in aerospace, defense, and communications industry manufacturing, to which about 62,000 U.S. workers are exposed annually, can cause a severe, chronic lung disease. On January 6, the Occupational Health and Safety Administration (OSHA) issued a rule—more than 15 years in the making—that dramatically lowers allowable workplace exposure to beryllium. OSHA says this will prevent 94 premature deaths and prevent 46 new cases of beryllium-related disease per year.

On April 17, 2013, an explosion and fire at the West Fertilizer Company plant in West, Texas, killed 15 people and injured hundreds. In late December—after a four-year process involving public, business, governments and non-profit input—the Environmental Protection Agency (EPA) issued a rule designed to prevent such accidents, improve community response to and preparedness for such disasters.

Those three examples are among the occupational and public health protective policies finalized by the Obama administration now jeopardized by antiregulatory legislation already passed by the 115th Congress. It remains to be seen if this legislation will become law and actually used. But, says University of Texas School of Law professor Thomas McGarity, the likely outcome is “that this will make people sick and unsafe.”

“Landscape is grim as it is”

In addition to having the ability to pass antiregulatory legislation, Congress has at its disposal the Congressional Review Act (CRA). Passed in 1996 by the Newt Gingrich-led House, it allows Congress to overturn a regulation passed during the last 60 legislative working days of an outgoing administration. What’s more, it prevents the creation of a substantially similar regulation. It’s only been used once, in 2001, to overturn the ergonomics regulation passed by OSHA under President Bill Clinton.

Add to this the Midnight Rules Relief Act, passed by the House on January 4. It amends the CRA, allowing Congress to overturn multiple regulations promulgated during the previous administration’s last six months, rather than individually as the CRA requires. “This allows the House to pick and choose rules that industry doesn’t like and do it all at once,” McGarity explains.

Also already passed by the House is the Regulatory Accountability Act. It includes a provision that could threaten the change made to the Toxic Substances Control Act (TSCA) eliminating the provision that prevented the EPA from banning asbestos. As Natural Resources Defense Council director of government affairs, David Goldston explains, “This bill has a provision that says notwithstanding any other provision of law, costs and benefits have to be considered when writing a rule.” Goldston calls this phrase “dangerous,” as it means putting economic costs to industry ahead of costs to human health as TSCA previously required—a requirement the revised bill eliminated.

And, as if these laws weren’t enough to threaten existing regulations, there’s the REINS Act (Regulations from the Executive In Need of Scrutiny Act), also already passed by the House. This law essentially says that an agency rule can’t go into effect unless Congress approves it. Or, as University of Maryland Carey School of Law professor Rena Steinzor explained in the American Prospect, “In a drastic power grab, the House has approved a measure that would strip executive agencies of the authority to issue significant new regulations.”

“If the REINS Act becomes law, then Congressional inaction will supersede previous Congressional action on fundamental bedrock popular health, safety and environmental protection laws,” says Public Citizen regulatory policy advocate Amit Narang.

He also points out that if the administration of Donald Trump declines to defend regulations now under legal challenge, they could also be undone. Among the rules now being challenged is OSHA’s long sought updated restriction on occupational silica exposure.

“The landscape is grim as it is,” says Emily Gardner, worker health and safety advocate at the non-profit citizens’ rights advocacy group Public Citizen, referring to OSHA’s limited resources. “There are nearly 5,000 workers dying on the job every year and OSHA’s not able to respond to threats as they’re happening.” Now, she says, “I’m looking at a Congress that would nearly paralyze rulemaking.”

“Designed to smash the system not reform it”

These laws effectively knock the foundation out from under how agencies like OSHA, the Department of Labor and EPA go about creating the network of regulations needed to implement the intent of laws that protect workplace and public health.

“This is designed to smash the system not reform it,” says Goldston of this antiregulatory legislation.

Not surprisingly, the historically pro-big business U.S. Chamber of Commerce supports antiregulatory legislation, as does the American Chemistry Council and National Association of Manufacturers. On the other hand, it’s opposed by American Sustainable Business Council, which represents more than 250,000 business owners and says the regulations these laws aim to undo are needed to support healthy, thriving workplaces and the economy.

Apart from the CRA, all of this legislation still needs to pass the Senate and be signed by the president to become law. But with a Republicans in the majority and Trump in the White House, vetoes seem highly unlikely.

This article originally appeared at Inthesetimes.com on January 27, 2017. Reprinted with permission.

Elizabeth Grossman is the author of Chasing Molecules: Poisonous Products, Human Health, and the Promise of Green Chemistry, High Tech Trash: Digital Devices, Hidden Toxics, and Human Health, and other books. Her work has appeared in a variety of publications including Scientific American, Yale e360, Environmental Health Perspectives, Mother Jones, Ensia, Time, Civil Eats, The Guardian, The Washington Post, Salon and The Nation.

Five Groups of Americans Who’ll Get Shafted Under Trump’s Hiring Freeze

Monday, January 30th, 2017

RichardEskowDonald Trump, in what’s been hyped as an “unprecedented” move, has instituted a freeze on the hiring of federal employees. Hyperbole aside (it’s hardly unprecedented, since Ronald Reagan did the same thing on his first day in office), one thing is already clear: this will hurt a lot of people.

Trump’s order exempts military personnel, along with any position that a department or agency head “deems necessary to meet national security or public safety responsibilities.” That offers a fair degree of latitude when it comes to filling positions in certain areas.

But Trump’s appointees aren’t likely to ask for “national security or public safety” exemptions for the many government jobs that help people in ways Republicans despise. So who stands to lose the most under this hiring freeze?

1. Social Security Recipients

Trump and his advisors seem to have had Social Security in mind when they included this language:

“This hiring freeze applies to all executive departments and agencies regardless of the sources of their operational and programmatic funding …” (Emphasis mine.)

While there may be other reasons for this verbiage, it effectively targets Social Security, which is entirely self-funded through the contributions of working Americans and their employers.

Social Security is forbidden by law from contributing to the deficit. It has very low administrative overhead and is remarkably cost-efficient when compared to pension programs in the private sector.

That hasn’t prevented Republicans in Congress from taking a meat cleaver to Social Security’s administrative budget. That has led to increased delays in processing disability applications, longer travel times for recipients as more offices are closed, and longer wait times on the phone and in person.

Social Security pays benefits to retired Americans, disabled Americans, veterans, and children – all of whom will be hurt by these cuts.

2. Working People

The Department of Labor, especially the Occupational Health and Safety Administration (OSHA), ensures that working Americans are safe on the job. It’s a huge task: Nearly 2.9 million Americans were injured on the job in 2015, according to OSHA data, and another 145,000 experienced a work-related illness. 4,836 people died from work-related injuries in 2016. (These numbers count only reported injuries, illnesses, and deaths; not all are reported.)

OSHA’s employees study injury and illness patterns, communicate safety practices and rules, and inspect workplaces to make sure that the rules are being followed. This hiring freeze will lead to fewer such studies, communications, and inspections. That means working Americans will pay a price — in injury, illness, and death.

3. Veterans

Some 500,000 veterans have waited more than a month to receive medical care from the Veterans Administration. Nevertheless, White House spokesperson Sean Spicer confirmed that Trump’s hiring freeze will affect thousands of open positions at the VA, including positions for doctors and nurses. The nation’s veterans will pay for this freeze, in prolonged illness, injury, and pain – or worse.

Vets will pay in another way, too. Vets make up roughly one-third of the federal workforce, which means they will be disproportionately harmed by this hiring freeze. So will women and minorities, both of whom have a significant presence among federal workers – greater than in the workforce as a whole.

4. Small Businesses and Workers All Across the Country

Contrary to what many people believe, federal employees are work in offices all across the country. The goods and services purchased by each federal worker provide jobs and growth for their local economies. Cuts in the federal workforce will therefore cause economic damage all of the states where federal jobs are located.

According to the latest report on the subject from the Office of Management and Budget, states with the largest numbers of Federal employees are: California, with 150,000 jobs; Virginia, with 143,000 jobs; Washington DC, with 133,000 jobs; and, Texas, with 130,000 jobs.

That’s right: Texas.

Other states with large numbers of Federal employees include Maryland, Florida, and Georgia.

Demand for goods and services will fall with the federal workforce. So will demand for workers, which means that wages will rise more slowly (if at all). This hiring freeze will affect small businesses and working people in states like Texas and all across the country.

5. Everybody Else.

The “public safety” argument could also be used to exempt employees of the Environmental Protection Agency from the hiring freeze. But Trump has nominated Scott Pruitt, a longtime foe of environmental regulation who has sided with some genuinely noxious polluters, to run the EPA.

As Oklahoma’s Attorney General, Pruitt has sued the EPA 14 times. “In 13 of those cases,” the New York Times reports, “the co-parties included companies that had contributed money to Mr. Pruitt or to Pruitt-affiliated political campaign committees.”

In other words, Pruitt is dirty. It’s unlikely he’ll seek a “public safety” exemption for the inspectors that identify industrial polluters and bring them to justice. So another group that will suffer under this freeze, without getting too cute about it, is pretty much anybody who drinks water or breathes air. That covers just about everybody.

And that’s just the beginning.

This is not an all-inclusive list. We’ve left out tourists, for example, who’ll pay the price for staffing cuts at the nation’s monuments and national parks. But the overall impact of Trump’s hiring freeze is clear: it shows a reckless disregard for the health, safety, and well-being of the American people.

(And that’s not even counting his plan to end the Affordable Care Act. Physicians Steffie Woolhandler and David Emmelstein estimate that this will result in 43,000 deaths every year. And they’re not Democratic partisans or ACA apologists; they’ve been fighting for single-payer healthcare for years.)

Given these implications – and the thousands of jobs affected at the VA alone – it was surprising to read, in Politico, that “Trump’s move, by itself, doesn’t actually do much.”

That’s true, in one way. The 10,000 to 20,000 jobs affected by this freeze pale in comparison to the federal government’s total workforce of 2.2 million.

But Trump’s just getting started. His memo instructs the Director of the Office of Management and Budget to come up with a broader long-term plan for reducing the federal workforce through attrition. And Trump’s choice for that job, Rep. Mick Mulvaney, is a far-right Republican who’s been fighting to cut the federal government for years.

This freeze is a bad idea, but there will be more where this came from.

This article originally appeared at Ourfuture.org on January 26, 2017. Reprinted with permission.

Richard Eskow is a Senior Fellow with the Campaign for America’s Future and the host of The Zero Hour, a weekly program of news, interviews, and commentary on We Act Radio The Zero Hour is syndicated nationally and is available as a podcast on iTunes. Richard has been a consultant, public policy advisor, and health executive in health financing and social insurance. He was cited as one of “fifty of the world’s leading futurologists” in “The Rough Guide to the Future,” which highlighted his long-range forecasts on health care, evolution, technology, and economic equality. Richard’s writing has been published in print and online. He has also been anthologized three times in book form for “Best Buddhist Writing of the Year.”

Worker advocates are getting under labor nominee Andy Puzder's thin, thin skin

Friday, January 20th, 2017

Donald Trump proposes to put fast food CEO Andy Puzder in charge of the Department of Labor, where he could bring his program of wage theft, automation, and sexism to workers nationwide. Unions and worker advocacy groups are not so enthusiastic about this proposal, and one of the ways they’ve tried to register their concern is by tweeting at Puzder. This has revealed something new, interesting, and pathetic about the wealthy, powerful, outspoken political nominee: he has incredibly thin skin. Puzder has been steadily blocking his critics on Twitter:

The Hardees and Carl’s Jr. CEO has blocked the Twitter accounts of at least five labor advocacy groups. This week, he even blocked one of the country’s most prominent union leaders, Mary Kay Henry of the 2-million member Service Employees International Union.

“Yes, the Twitter news is true. A sentence I can’t believe I’m writing,” an SEIU spokesperson told BuzzFeed News on Tuesday evening. The union is the second-largest in the country, and has been the main backer of the Fight For $15 movement to raise wages in the fast food industry.

As a veteran fast food leader opposed to wage hikes, Puzder’s beef with Henry and the SEIU seems clear. But he’s handing out the blocks more liberally than that. The cabinet nominee has also blocked the National Employment Law Project, the Economic Policy Institute, MoveOn.org, the Fight for $15, and the Leadership Conference on Civil and Human Rights — all organizations that advocate on behalf of workers, especially low-wage workers and workers of color.

These groups are sober, policy-focused, and polite. As NELP’s Judy Conti told Buzzfeed, “We’re not name-calling. There are no ad hominem attacks.” But Puzder apparently can’t even face being tweeted at about New York Times coverage of himself, at least if it’s a progressive think tank doing the tweeting.

Just think: a labor secretary who doesn’t want to hear from pro-worker groups.

This article originally appeared at DailyKOS.com on January 18, 2017. Reprinted with permission.

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

Trump’s pick for Labor Secretary is a big ‘screw you’ to the Fight for $15

Thursday, December 8th, 2016

In an otherwise grim period for the U.S. labor movement, the fast food industry has been a hot spot for organizing activity. For the past four years, the union-backed Fight for 15 movement and allied groups have staged a series of nationwide, day-long strikes and protests in support of higher wages and unionization for fast food workers.

Fast food workers have yet to gain any significant union representation. But thanks in large part to the movement’s efforts, states and cities across the country have passed minimum wage laws raising pay for millions of people.

And now, if President-elect Donald Trump has his way, an enemy of the Fight for $15 movement will lead the U.S. Labor Department.

On Thursday, Trump revealed that he had nominated Andrew Puzder, CEO of CKE Restaurants, to be Labor Secretary. CKE Restaurants is the parent company of Hardee’s and Carl’s Jr., two fast food companies that have been targeted by Fight for 15. Puzder himself is on record as an opponent of raising the minimum wage, and has said that he would like to try automating service more service jobs in response to wage hikes.

CKE Restaurants CEO Andrew Puzder, center, departs Trump Tower in New York, Wednesday, Dec. 7, 2016. CREDIT: AP Photo/Andrew Harnik

Unsurprisingly, the fast food lobby was delighted with Trump’s decision to elevate Puzder. International Franchise Association President and CEO Robert Cresanti called Puzder “an exceptional choice to lead the Labor Department” in a statement responding to the news.

Cresanti also offered up a wishlist for Puzder’s early days in office. The Obama Labor Department issue a rule (currently held up in federal court) that would dramatically expand the number of workers eligible for overtime pay. The department has also fought to expand joint-employer liability, meaning that multinational corporations such as McDonald’s may be held legally accountable for labor law violations committed at their franchised locations.

“We are hopeful that, if confirmed by the Senate, a top priority [for Puzder] will be rolling back the damaging effects caused by the expansion of joint employer liability to America’s 733,000 franchise businesses, and the too-far, too-fast increase in the overtime threshold that was recently put on hold by a Texas judge,” said Cresanti.

The progressive National Employment Law Project, on the other hand, described Puzder’s nomination as a “sucker-punch in the gut to all the men and women of good faith who believe in the mission of the U.S. Labor Department.”

“The job of the labor secretary is NOT to strengthen the power of corporations to reap record profits by squeezing every last drop out of their low-wage workforce—and threatening to replace them with machines if they ask for wages they can support their families on,” said NELP Executive Director Christine Owens. “While Mr. Puzder’s qualifications may fit the bill for the latter, those qualifications are anathema to what a secretary of labor should stand for.”

As Labor Secretary, Puzder would head up the main government agency charged with investigating claims of wage theft. A 2016 Bloomberg analysis of Labor Department data found that Hardee’s and Carl’s Jr. restaurants were themselves frequent violators of the law.

CREDIT: Bloomberg BNA

That may be why Fight for 15 organizing director told the American Prospect two weeks ago that appointing Puzder as Labor Secretary would be “like putting Bernie Madoff in charge of the treasury.”

This blog originally appeared in ThinkProgress.org on December 8, 2016. Reprinted with permission.

Ned Resnikoff is a senior editor at @thinkprogress.He was previously a reporter for for International Business Times, Al Jazeera America, and msnbc. Follow him on twitter @resnikoff.

This week in the war on workers: What happens if Obama's overtime expansion is reversed?

Monday, November 21st, 2016

LauraClawson

President Obama’s expansion of overtime pay goes into effect on December 1. But what happens if it gets rolled back in 2017? Here are some of the Department of Labor’s takeaways from a Congressional Budget Office report:

  1. CBO finds that reversing the rule would strip nearly 4 million workers of overtime protections. According to the report, there are nearly 4 million workers whose employers will be required to pay them overtime when they work more than 40 hours a week when the rule goes into effect.
  2. CBO finds that reversing the rule would reduce workers’ earnings while increasing the hours they work. The report finds that if the rule is reversed, the total annual earnings of all affected workers would decrease by more than $500 million in 2017. Further, these workers would earn less money while working more hours.
  3. At a time when income inequality is already of great concern, CBO finds that reversing the rule would primarily benefit people with high incomes. If the rule were reversed, affected workers, most of whom have moderate incomes, would experience a loss in earnings. These losses would be accompanied by an increase in firms’ profits, of which the vast majority (CBO estimates 85 percent) would accrue to people in the top income quintile.
  4. CBO finds that reversing the rule would not create or save jobs. The report finds no significant impact on the number of jobs in the economy.

Nearly 4 million workers.

This article originally appeared at DailyKOS.com on November 19, 2016. Reprinted with permission.

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

Think It’s Tough for Labor Now? Just Wait Until Trump Takes Office in January

Friday, November 18th, 2016

photo_321703[1]In 63 days, organized labor is going to find itself in a new political reality, which it seems totally unprepared for. Donald Trump will be president; the Republicans will control the House and Senate and one of Trump’s first tasks will be to nominate a new Supreme Court justice. Though Trump was tight-lipped about specific policy proposals, his campaign and the current constitution of the Republican party do not bode well for labor.

Trump’s actions will largely fall into one of four categories: judicial, legislative, executive and at the level of federal agencies. Each potential move will take various levels of cooperation from other branches of government and varying amounts of time to complete.

On Day 1 of his new administration, President Trump can simply rescind many of Barack Obama’s executive orders that benefited large groups of workers. Chief among these were EO 13673, which required prospective federal contractors to disclose violations of state and federal labor laws, and helped protect employees of contractors from wage theft and mandatory arbitration of a variety of employment claims. Similarly, EO 13494 made contractor expenses associated with union busting non-allowable, thereby helping to ensure that workers can exercise their labor rights.

At the agency level, Trump will have the opportunity to fill vacancies on the five-person National Labor Relations Board (NLRB), effectively turning what has been one of the most pro-worker boards in recent memory into one that is more concerned with employers’ interests. The NLRB is one of the more politicized federal agencies, and it is not uncommon for a new NLRB to overturn a previous board’s rulings. A conservative board would put into jeopardy recent gains, including the requirement of joint employers to bargain with workers, the rights of graduate students to form unions, the rights of adjuncts at religious colleges to form unions and the protections from class action waivers in employment arbitration agreements, which effectively block access to justice for too many.

Similarly, Trump can immediately dismiss the entire Federal Service Impasses Panel (FSIP) and appoint his own members. The FSIP is a little-known federal agency that functions like a mini-NLRB to resolve disputes between unionized federal employees and the government.

Donald Trump may be able to not only roll back many of Barack Obama’s accomplishments, but also change the face of labor law for decades to come. (AFL-CIO/ Facebook)

Donald Trump may be able to not only roll back many of Barack Obama’s accomplishments, but also change the face of labor law for decades to come. (AFL-CIO/ Facebook)

At the legislative level, various anti-worker bills sit ready for a GOP-led push. Perhaps chief among them is the National Right to Work Act, which would place every private sector employee (including airline and railway employees currently under the Railway Labor Act) under right-to-work. Right-to-work is the misleading law that prohibits unions from requiring that workers represented by the union pay their fair share. Such a bill was introduced last year by Sen. Rand Paul, and it had 29 co-sponsors, including Senate Majority Leader Mitch McConnell. Trump announced on the campaign trail that his “position on right-to-work is 100 percent,” so this will likely be an area where he has common cause with the GOP-controlled Congress.

At the judicial level, there is also a strong possibility that we will see a sequel to the Friedrichs case at the Supreme Court. Friedrichs was widely anticipated to bar fair share fees and place all public sector employees under right-to-work, but ended in a deadlock after Justice Antonin Scalia’s death. It is likely that any Supreme Court justice that Trump chooses will be as critical of fair share fees as Justices Samuel Alito and John Roberts, and would provide a critical fifth vote in changing long-standing precedent regarding the allowance of such fees. Groups like the National Right to Work Committee and Center for Individual Rights often have cases in the pipeline that could be pushed to the Supreme Court when the opportunity arises.

Similarly, at the judicial level, Trump will likely have his Department of Labor drop appeals to court decisions that enjoined or overturned pro-worker rules, such as the rule requiring union-busters to disclose when they are involved in an organizing campaign. Dropping the appeals would be an easy route to kill the rules, rather than going through a more time consuming rulemaking process to rescind them.

All indications are that labor has been caught unprepared for a President Trump and a GOP-controlled Congress and Supreme Court. With such broad control over every branch of government, Trump may be able to not only roll back many of Obama’s accomplishments, but also change the face of labor law for decades to come.

This post originally appeared on inthesetimes.com on November 17, 2016.  Reprinted with permission.

Moshe Z. Marvit is an attorney and fellow with The Century Foundation and the co-author (with Richard Kahlenberg) of the book Why Labor Organizing Should be a Civil Right.

House Republicans Have A Temper Tantrum Over Rule That Bans Financial Advisers From Scamming Retirees

Monday, May 2nd, 2016

Bryce CovertThe Department of Labor (DOL) has finalized rules that require financial advisers who help people make investments for retirement to put their clients’ interests ahead of their own. But House Republicans aren’t letting the rule go into effect without a fight.

On Thursday, the House voted on a resolution that would effectively block the new rules, which require advisers to adhere to a “fiduciary standard,” that passed along strict party lines, with 234 Republicans voting yes and 183 Democrats voting no. Republicans claim that the rule will make investment advice more expensive, with Rep. Phil Roe (R-TN), a sponsor of the legislation, saying it would “protect access to affordable retirement advice.” They’ve also characterized the rules as government overreach, with House Speaker Paul Ryan (R-WI) calling them “Obamacare for financial planning.”

Their position mirrors that of the financial industry, which has fought the rules with claims about the impact they could have on their businesses that Sen. Elizabeth Warren (D-MA) has questioned as being disingenuous. Ahead of the House vote on the resolution, eight big financial industry trade groups sent a letter to lawmakers urging them to vote in favor of the resolution.

The vote, however, is a largely symbolic move. For the resolution to have any power, it would have to be taken up and passed by the Senate, and President Obama would have to sign it. But he’s already threatened to veto the measure. DOL Secretary Thomas Perez called Thursday’s vote “a waste of time.”

Before the new standard, advisers were only required to give “suitable” advice, which left the door open for them to steer clients into products that made the advisers more money but weren’t the best option. That practice was costing Americans an estimated$17 billion a year in conflicted advice, according to the White House. Some people say their finances, particularly their chances of retiring comfortably, have been destroyed by bad advice and that they would have simply been better off without it.

Americans have little wiggle room for losing money when it comes to saving enough for retirement. Pensions, which guarantee payments in old age, have beenoverwhelmingly replaced with 401(k)s, which require individual workers to make smart investment choices in order to have enough to live off of when they stop working. And by and large workers aren’t putting enough aside. The gap between what they should have saved up and what they’ve actually put away is $6.6 trillion. Meanwhile, about 60 percent of working age people have no retirement savings at all.

This blog originally appeared on Thinkprogress.org on April 29, 2016. Reprinted with permission.

Bryce Covert Bryce Covert is the Economic Policy Editor for ThinkProgress. Her writing has appeared in the New York Times, The New York Daily News, New York Magazine, Slate, The New Republic, and others. She has appeared on ABC, CBS, MSNBC, and other outlets.

The Makers of Those Cheesy Anti-Union Movies Will Soon Be More Transparent, Thanks to a New Labor Department Rule

Thursday, March 24th, 2016

The Makers of Those Cheesy Anti-Union Movies Will Soon Be More Transparent Thanks to a New DOL Rule

You’ve probably watched one before.

An anti-union video so painfully corny, you probably had to turn it off after a few seconds.

Anti-union videos—like this one from Target—fliers and other materials are the bread and butter of consulting firms who specialize in “union avoidance.” A nefarious industry that steps in for employers and attempts to squelch workinJackie Tortorag people’s right to a union voice on the job.

 Thanks to a new transparency rule released by the Department of Labor called the “persuader rule,” these firms are no longer allowed anonymity. Employees deserve to know whether these third-party union busters are being employed to influence their decision about forming a union with their co-workers.

Making these union busters more transparent is only fair. While unions are required to file lengthy annual LM-2 financial disclosure reports that detail all receipts and expenditures, the LM-20 form that management consultants will be required to file is two pages, much of which simply requires checking boxes.

Mike Lo Vuolo, a former American Airlines passenger agent, and his co-workers tried three times to form a union at American Airlines with the Communications Workers of America (CWA), under the company’s previous management. In 2012, despite having filed for bankruptcy, American Airlines spent hundreds of thousands of dollars on the law firm Sheppard Mullin. Mike recalls high-gloss fliers, video cassettes and DVDs used to discourage and scare employees during organizing drives.

AFL-CIO President Richard Trumka weighed in on the new rule:

It takes great courage for working people to come together to form a union. Working men and women deserve to know who their employer is hiring and exactly how much they are spending to discourage workers from forming a union.

This blog originally appeared at aflcio.org on March 23, 2016.  Reprinted with permission.
Jackie Tortora is the blog editor and social media manager at AFL-CIO.
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