Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Department of Labor’

You do not have a constitutional right to be extremely sexist at work

Tuesday, August 8th, 2017

A male software engineer at Google, James Damore, wrote a 10-page memo in opposition to hiring practices that consider racial and gender diversity in tech, arguing that women were unable to do the same kind of work as their male peers. Days after it was circulated throughout the company and leaked to the press, he was fired.

Now many journalists, activists, and even politicians are arguing that he was unfairly punished for expressing his ideas, with some going so far as to say the employee was banished for “thought crimes.”

In this case, Damore’s thoughts were that women were biologically unsuited for advancement in tech in a number of ways and that women deserved their current status. In his anti-diversity screed, the software engineer decided to list personality traits that he says women have more of. Here is one:

Neuroticism (higher anxiety, lower stress tolerance).This may contribute to the higher levels of anxiety women report on Googlegeist and to the lower number of women in high stress jobs.

He also wrote that women have “higher agreeableness” and “extraversion expressed as gregariousness rather than assertiveness,” and that this is why women tend to have a harder time negotiating salary. He does not acknowledge that research shows again and again there is a social cost for women who negotiate for higher salaries.

In addition to saying that women will always have these specific qualities that prevent them from advancing in their careers, he flat out writes, “We need to stop assuming that gender gaps imply sexism.”

He also wrote, “However, to achieve a more equal gender and race representation, Google has created several discriminatory practices.” He listed mentoring, programs, and classes “only for people with a certain gender or race.”

Men from all sides of the political spectrum weighed in to argue that he should not have been fired.

U.S. Senator John Cornyn (R-TX) tweeted out a National Review article with the headline, “Google Fires Employee Who Dared Challenge its Ideological Echo Chamber.” Julian Assange condemned the decision as “censorship.” Tim Miller, co-founder of the America Rising PAC, said Damore is being banished for “thought crimes.” Jeet Heer, senior editor at The New Republic, said the engineer should not have been fired for his ideas.

The engineer’s decision to write a 10-page memo, which he clearly spent a good deal of time writing, and then share that memo, is an action, however, not merely a thought.

In a Medium post, Yonatan Zunger, a former Google employee, explained why the memo was enough to create a hostile workplace environment and thus warranted termination.

Do you understand that at this point, I could not in good conscience assign anyone to work with you? I certainly couldn’t assign any women to deal with this, a good number of the people you might have to work with may simply punch you in the face, and even if there were a group of like-minded individuals I could put you with, nobody would be able to collaborate with them. You have just created a textbook hostile workplace environment.

Research shows that frequent and less intense but unchallenged sexist discrimination and organizational climates were similarly harmful to women’s well-being as more overt but less frequent acts of sexism, like sexual coercion. Heer suggested demotion as an alternative to firing but no matter his position, Damore would have some power over his co-workers since Google’s performance review process allows peer reviewers to give feedback on job performance. This includes employees who are junior to them.

Viewed this way, the decision to fire Damore was not censorship. It was a decision to protect women from a hostile workplace environment. Google prioritized the well-being of its workers and the company’s overall success over one man’s career.

Like most of the tech industry, Google employees are predominantly white men. In April, the Department of Labor accused the organization of “extreme” gender pay discrimination and pointed to evidence of “systemic compensation disparities.” Diversity statistics the company released last month revealed that 69 percent of its employees are male and 31 percent are female, but when it comes to technical roles, only 19 percent of the positions are held by women.

This blog was originally published at ThinkProgress.org on August 8, 2017. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress. She covers economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

If Trump Has His Way, You’ll Certainly Miss This Agency You Probably Don’t Even Know Exists

Wednesday, June 28th, 2017

The Trump Administration has released its proposed budget for the 2018 fiscal year. Who’s set to lose big if this budget comes to fruition? Women—specifically working women and their families.

The only federal agency devoted to women’s economic security—the Department of Labor’s Women’s Bureau—is on the chopping block. The agency, which currently has a budget of only $11 million (just one percent of the DoL’s total budget), would see a 76 percent cut in its funds for the next fiscal year under the proposed budget.

Despite making up only 1 percent of the Department’s current budget and having only a 50-person staff, the Bureau serves in several crucial roles—simultaneously conducting research, crafting policy and convening relevant stakeholders (from unions to small businesses) in meaningful discussions about how to best support working women. The Women’s Bureau’s priorities have changed with the times—focusing on working conditions for women in the 1920s and 30s, and helping to pass the monumental Equal Pay Act in the early 1960s. (President Kennedy signed the Equal Pay Act in 1963, making pay discrimination on the basis of sex illegal. However, because of loopholes in the 54-year-old law, the wage gap persists.) Throughout its nearly 100-year history, however, the agency has remained a powerful advocate for working women and families. Recent efforts have included advocating for paid family leave, trying to make well-paying trades jobs available to women and supporting women veterans as they re-enter civilian life.

Eliminating or underfunding the Women’s Bureau would be a huge setback for working women across the nation. Take the issue of paid family leave, for example. In recent years, the Bureau awarded over $3 million in Paid Leave Analysis grants to cities and states interested in creating and growing their own paid leave programs while federal action stalls. With the funding provided by the Women’s Bureau, states and localities have developed comprehensive understandings of what their own paid leave programs might look like. In Vermont, where the Commission on the Status of Women received a Paid Leave Analysis grant in 2015, state lawmakers are now on track to pass a strong paid family leave policy.

So why is the Trump Administration considering cutting such a low-cost, high-impact agency? Some suspect it’s at the suggestion of the conservative Heritage Foundation’s 2017 budget proposal, which calls the Women’s Bureau “redundant” because “today, women make up half of the workforce.”

What this justification conveniently leaves out is that despite important gains in recent decades, too many women, particularly women of color, are still stuck in low-paying, undervalued jobs, being paid less than their male counterparts and taking on a disproportionate amount of unpaid labor at home. It also leaves out the fact that those previously-mentioned important gains are largely the result of targeted efforts led by government agencies like the Women’s Bureau. Eliminating the agencies responsible for immense strides in preserving civil rights is, to quote the brilliant Ruth Bader Ginsburg, “like throwing away your umbrella in a rainstorm because you are not getting wet.” Instead of punishing an agency for its accomplishments, the Trump Administration should give the Women’s Bureau the resources it needs to tackle the problems remaining for working women.

Donald Trump is happy to engage in shiny photo-ops and feel-good listening sessions about women’s empowerment, but when it comes to doing concrete work to support the one government agency tasked with supporting women’s economic empowerment, this administration is nowhere to be found. If this government actually cares about women at all—that is, cares about more than good press and tidy, Instagrammable quotes—it should step up to defend this agency and its 97-year history. The working women of America deserve better.

This blog was originally published by the Make it Work Campaign on June 21, 2017. Reprinted with permission.

About the Author: Maitreyi Anantharaman is a policy and research intern for the Make it Work Campaign, a communications intern for Workplace Fairness and an undergraduate public policy student at the University of Michigan.

This week in the war on workers: Trump's top attacks on workers ... so far

Monday, April 24th, 2017

 

The Economic Policy Institute’s Perkins Project “tracks actions by the administration, Congress, and the courts that affect people’s wages and their rights at work,” and as we get to the end of Donald Trump’s first 100 days, they’ve provided a list of the top 10 things he and congressional Republicans have done to working people. Here’s a sample:

 

  1. Protecting Wall Street profits that siphon billions of dollars from retirement savers. At President Trump’s behest, the Department of Labor has delayed a rule requiring that financial professionals recommend retirement investment products that serve their clients’ best interests. The “fiduciary rule” aims to stop the losses savers incur when steered into products that earn advisers commissions and fees. The rule was supposed to go into effect April 10. For every seven days that the rule is delayed, retirement savers lose $431 million over the next 30 years. The 60-day delay will cost workers saving for retirement $3.7 billion over 30 years.
  2. Letting employers hide fatal injuries that happen on their watch. The Senate approved a resolution making it harder to hold employers accountable when they subject workers to dangerous conditions. The March 22 resolution blocks a rule requiring that employers keep accurate logs of workplace injuries and illnesses for five years. This time frame captures not just individual injuries but track records of unsafe conditions. President Trump said he would sign the resolution. If he does, employers can fail to maintain—or falsify—their injury and illness logs, making them less likely to suffer the consequences when workers are injured or killed. Blocking this rule also means that employers, OSHA, and workers cannot use what they learn from past mistakes to prevent future tragedies. If the rule is overturned, more workers will be injured, and responsible employers will be penalized.
  3. Allowing potentially billions of taxpayer dollars to go to private contractors who violate health and safety protections or fail to pay workers. The federal government pays contractors hundreds of billions of dollars every year to do everything from manufacturing military aircraft to serving food in our national parks. The Fair Pay and Safe Workplaces rule required that companies vying for these lucrative contracts disclose previous workplace violations, and that those violations be considered when awarding federal contracts. The rule was needed, as major federal contractors were found to be regularly engaging in illegal practices that harm workers financially and endanger their health and safety. On March 27, President Trump killed this rule by signing a congressional resolution blocking it. This will hurt workers and contractors who play by the rules, while benefitting only those contractors with records of cutting corners.

This article originally appeared at DailyKOS.com on April 22, 2017. Reprinted with permission.

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

The Plan Behind a Chicago Project to Lift Up Working People

Tuesday, April 18th, 2017

Manufacturing jobs have been on a steady decline for several years because of trade deals, technological advancements and economic recessions. Despite this, manufacturing remains one of the most important sectors of the U.S. economy, employing more than 12 million workers, or about 9% of the total U.S. employment.

American cities continue to spend billions each year to buy major equipment, such as buses and railcars for public transportation systems. This spending has the potential to support tens of thousands of good manufacturing jobs. According to the Institute for Women’s Policy Research, there will be 533,000 good middle-skill manufacturing jobs available over the next decade.

Jobs to Move America is working with labor, business, community and governmental groups around the country to ensure money spent on building transportation infrastructure is also used to promote equity and bring manufacturing jobs back to the United States. The organization also is advocating for workforce development and training programs that prepare working people for high-skilled careers that will help them succeed in the 21st-century economy.

Jobs to Move America and community partners recently managed to ensure a project in Chicago will create good jobs and long-term economic opportunities for the community. JMA worked with the Chicago Federation of Labor, the city of Chicago and the Chicago Transit Authority for four years to ensure that the U.S. Employment Plan was included as part of the CTA’s latest $1.3 billion project, which will supply up to 846 new railcars and replace about half of the CTA’s current fleet. The employment plan is a toolbox of policy resources transit agencies can include as part of their request for proposals to encourage bus and rail manufacturers to train and create good high-skilled U.S. jobs in communities that need it most.

The company that won the contract, CRRC Sifang America committed to building a new $100 million unionized facility on Chicago’s South Side, the first in 36 years. The company will spend $7.2 million to train 300 factory and construction workers. Additionally, CRRC has signed on to a community benefits agreement guaranteeing support for South Side residents and is part of a workforce-labor-business consortium that received a $4 million Department of Labor grant to develop an apprenticeship and training program, and a pipeline into manufacturing jobs in Chicago.

The work of JMA with labor and community partners leveraged a robust manufacturing jobs program that will strengthen the middle class, stimulate increased investment in new domestic manufacturing facilities, and create opportunities for low-income communities. Most importantly, the Chicago work has set a precedent for the rest of the country, lifting up standards and creating a model for how communities and business can and should work together.

The idea behind JMA’s work is simple. There is a need to reframe the discussion about good jobs and economic prosperity away from a “cheapest is best” approach to a broader discussion about the economic impact of using taxpayer dollars to create good jobs, especially for those historically excluded from the manufacturing sector, like women and people of color.

Take, for instance, Kristian Mendoza in the Los Angeles area, a veteran who was struggling to find a good-paying job after his service. He was forced to commute to a job an hour-and-a-half each way from his home. The job paid so little he could barely afford the gas to get there and did not have the resources to take care of his two young children.

Because of the work of the JMA coalition in Los Angeles, a U.S. Employment Plan was implemented in a project of the Los Angeles County Metropolitan Transportation Authority. Part of the agreement is a community-labor partnership with Kinkisharyo, the company that won that bid. The company committed to hiring and exploring skills training for disadvantaged U.S. workers. To date, the company has exceeded its commitments, employing some 400 workers, most of whom are people of color in a unionized factory.

Mendoza is one of the 400. After struggling for years, he has been able to move out of his family’s home and into a place close to the Kinkisharyo factory.

The JMA team is now working on multiple projects across the country, monitoring the industry for upcoming opportunities to maximize public transportation dollars and ensure there are more success stories like Mendoza’s.

This blog was originally posted on aflcio.org on April 12, 2017. Reprinted with permission.

Alaa Milbes is the Senior Communications Specialist for Jobs to Move America. Prior to joining JMA, Alaa served as Oxfam’s Media Officer in Jordan for the Syria crisis response on a short-term assignment, where she worked on a number of media strategies and campaigns meant to raise awareness about Syrian refugees. Alaa also did communications work for the United Nations Relief and Works Agency for Palestine refugees, covering 5 regional offices in Jordan, Lebanon, Syria, and the occupied Palestinian territory.

 

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.

What Slashing the Labor Department Budget by 21 Percent Would Mean

Friday, March 17th, 2017

The Trump administration’s “budget blueprint” would devastate worker safety, job training programs and legal services essential to low-income workers. Its cuts include a 21 percent, or $2.5 billion, reduction in the Department of Labor’s budget.

The budget would reduce funding for or eliminate programs that provide job training to low-income workers, unemployed seniors, disadvantaged youth and for state-based job training grants. It eliminates the Occupational Safety and Health Administration’s (OSHA) training grants as well as the independent Chemical Safety Board. Also targeted for elimination is the Legal Services Corporation, which provides legal assistance to low-income Americans.

“Cutting these programs is cutting the safety net for the most vulnerable workers, those striving for the middle class,” said Matt Shudtz, executive director at the Center for Progressive Reform. “This budget would eliminate training programs for them, the kind of things people need to move up in the world. It is very anti-worker and anti- the most vulnerable workers.”

Judy Conti, National Employment Law Project (NELP) federal advocacy coordinator, didn’t mince words.

“This budget will mean more illness, injury and death on the job,” she said Thursday, the day the proposed budget was released.

Targeting programs that prevent injury and illness

The White House budget proposal justifies its enormous cuts to the Department of Labor by saying it focuses on the agency’s “highest priority functions and disinvests in activities that are duplicative, unnecessary, unproven or ineffective.”

The budget would close Job Corps centers that serve “disadvantaged youth,” eliminate the Senior Community Service Employment Program, decrease federal funding for state and local job training grants—shifting more financial responsibility to employers and state and local governments. The budget would also eliminate certain grants to the Office of Disability Employment Policy, which helps people with disabilities stay in the job market.

Also slated for elimination are OSHA’s Susan Harwood training grants that have provided more than 2.1 million workers, especially underserved and low-literacy workers in high-hazard industries, with health and safety training since 1978. These trainings are designed to multiply their effects by “training trainers” so that both workers and employers learn how to prevent and respond to workplace hazards. They’ve trained healthcare workers on pandemic hazards, helped construction workers avoid devastating accidents, and workers in food processing and landscaping prevent ergonomic injuries. The program also helps workers for whom English is not their first language obtain essential safety training.

“The cuts to OSHA training grants will hurt workers and small employers,” said David Michaels, former assistant secretary of labor for OSHA. “Training is a proven, and in fact necessary method to prevent worker injuries and illnesses. OSHA’s training grants are very cost effective, reaching large numbers of workers and small employers who would otherwise not be trained in injury and illness prevention.”

“Everyone, labor and management, believes that a workforce educated in safety and health is essential to saving lives and preventing occupational disease. That is the purpose of the Harwood grants,” said Michael Wright, director of health, safety and environment at United Steelworkers.

The White House says eliminating these grants will save $11 million, a miniscule fraction of the $639 billion the Trump administration is requesting for the Department of Defense.

“No words to describe how cruel it is”

Eliminating the Chemical Safety Board (CSB) would mean no independent federal agency dedicated to investing devastating industrial accidents such as the Deepwater Horizon disaster, the West Fertilizer plant explosion, Freedom Industries chemical release in Charleston, West Virginia, and the Chevron refinery fire in Richmond, California. Those are among the hundreds of cases CSB has investigated over the past 20 years or so.

“Our recommendations have resulted in banned natural gas blows in Connecticut, an improved fire code in New York City, and increased public safety at oil and gas sites across the State of Mississippi. The CSB has been able to accomplish all of this with a small and limited budget. The American public are safer today as a result of the work of the dedicated and professional staff of the CSB,” said CSB chairperson Vanessa Allen Sutherland in a statement.

“The cost of even one such accident would be more than the CSB’s budget over its entire history. And that calculation is only economic. The human cost of a catastrophic accident would be enormous,” said Wright. “The CSB’s work has saved the lives of workers in chemical plants and oil refineries, residents who could be caught in a toxic cloud, even students in high school chemistry labs.”

The budget proposal also jeopardizes essential legal support for low-wage workers. While not dedicated to employment issues, the Legal Services Corporation provides vital services to low-wage workers, including on issues related to workers’ compensation and other job benefits.

“Gutting the Legal Services Corporation,” said NELP’s Conti, “there are no words to describe how cruel it is, especially considering grossly underfunded the agency is.”

“The government should be investing in workers, their families, and communities, but instead this budget drastically cuts the programs meant to uplift them,” said Emily Gardner, worker health and safety advocate at Public Citizen.

The White House calls the budget proposal a “Budget Blueprint to make American Great Again.” On a call with reporters, Mick Mulvaney, director of the Office of Management and Budget, “this is the ‘America First’ budget” and said it was written “using the president’s own words” to turn “those policies into numbers.”

“This is not so much a budget as an ideological statement,” said David Golston, government affairs director at the Natural Resources Defense Council.

This article originally appeared at Inthesetimes.com on February 17, 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.

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.

Labor Department goes silent on workplace safety enforcement under Trump

Monday, March 6th, 2017

In November, the U.S. Occupational Safety and Health Administration announced fines against businesses with workers who were killed when they were pulled into a wood chipper, burned in a refinery fire and crushed in collapsing grain bins and construction trenches. In all, OSHA issued 33 enforcement news releases that month, and over 50 more from Dec. 1 until just before Inauguration Day on Jan. 20.

But since then, OSHA hasn’t issued a single news release about penalties or other enforcement actions by federal authorities. The same goes for a second Department of Labor division, Wage and Hour, which in previous weeks had announced the recovery of back wages for peanut processors in Georgia, hotel staffers in New York City, commercial painters in Texas and cafeteria workers at the U.S. Senate building.

This doesn’t mean that enforcement has stopped, but publicizing when bad bosses get fined is a way the Labor Department has gotten the word out—and potentially scared other employers away from similar abuses:

As a result, according to Barab’s ex-boss and former OSHA chief David Michaels, “Failure to publicize OSHA’s activities means many employers will not think to abate their hazards and more workers will be hurt.”

Maybe once Donald Trump gets a labor secretary in place and fills other key roles, the Labor Department will again tell the world about the fines companies face for endangering their workers. But we sure can’t take it for granted.

This article originally appeared at DailyKOS.com on March 4, 2017. Reprinted with permission.

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

The People Fired Puzder

Monday, February 20th, 2017

Andy Puzder, President Trump’s pick to run the Labor Department, didn’t really bow out. He was fired.

But even though Trump made the phrase “you’re fired” his motto, he didn’t force Puzder out. We did. Working people sent him the pink slip.

When Trump was inaugurated less than one month ago, he figured he could dictate his policies and ram his appointments through the Republican-run Congress. Being the least popular president elected since polls began recording public sentiments apparently didn’t faze him.

Trump loaded his proposed cabinet with billionaires, cronies and crooks, goading his opponents.

One of the Worst

Of all the unqualified and inappropriate crew of cabinet nominees, Puzder was one of the worst. As the CEO of the parent company of the Hardee’s and Carl’s Jr. fast-food chains, he has both personal and political beliefs that clash with public values. He opposes raising the minimum wage or requiring that restaurants pay servers the same minimum wage as other workers earn and he routinely violated labor laws at his own restaurants. He behaves in a sexist way and defends the sexist behavior of his subordinates. And yet had he become the next Labor secretary, he would have been required to enforce the labor laws he flouts.

It’s no surprise that low-wage workers and the labor movement found Puzder unacceptable. Ahead of his scheduled Senate hearings, thousands of workers — including people who work at Puzder’s own restaurants — protested the nominee in front of Hardee’s and Carl’s Jr. restaurants from coast to coast.

Puzder has also enraged women and advocates over his use of sexualized images of women in Carl’s Jr. ads. In his own words: “We believe in putting hot models in our commercials, because ugly ones don’t sell burgers.”

Saru Jayaraman, Executive Director of Restaurant Opportunities Centers (ROC) United, said on Democracy Now!,

You’ve seen these ads of Carl’s Jr. restaurants in which they have nearly naked women holding up burgers in front of their breasts or lying on the floor eating a burger or feeding burgers to each other in naked positions. And then you look at the data from our report and other reports showing that young women, often very young women, 16-, 17-, 18-year-old girls, were harassed, grabbed, assaulted in various ways, as I said, told by customers, “Why aren’t you dressed like the girls in the ads?”

(ROC United is an affiliate of People’s Action.)

In Trouble from the Beginning

Puzder’s nomination was in trouble from the beginning. His hearing was postponed at least four times because the nominee failed to provide required paperwork to the Senate Health, Education, Labor and Pensions (HELP) Committee.

What eventually forced Trump to demand Puzder’s withdrawal was the growing opposition to Puzder’s nomination among some GOP senators. Those Republicans were angered, not by his sexism and abuse of working people, but his hiring of an undocumented woman to clean his home. Politico reports that some close Trump advisor’s didn’t fully back Puzder’s nomination because he supported moderate immigration reform.

Puzder’s anti-worker behavior should disturb every American. Over the past few years, amid rising inequality, the plight of low-wage workers has become a central issue in economic debates. There’s broad support for increasing the minimum wage nationally to begin to address the stagnation of real wages. In state after state, voters have approved ballot initiatives that boosted the minimum wage within their borders, and in Seattle, Los Angeles and now New York State, voters have embraced a pay floor of at least $15 per hour.

Opposition to Puzder generated an organized barrage of calls to senators and the White House, petitions, protests and more. The repeated delays of his confirmation hearing might have hurt Puzder as well. Senate Republicans tried to rush all the cabinet confirmations because they knew due diligence and scrutiny would expose the questionable records of Trump’s team. As the delay dragged on,  more and more revelations, like the damning tape of his ex-wife appearing in disguise on the Oprah Winfrey show describing how Puzder physically abused her, came to light. (She later retracted the charges and said she regretted her Oprah appearance.)

No Accident

It’s no accident that Puzder bowed out just two days after National Security Adviser Gen. Mike T. Flynn’s resignation. The Trump administration’s confidence is shaken. GOP unanimity is broken. Just last week, Trump’s Education Secretary, Betsy DeVos, couldn’t be confirmed without Vice-President Mike Pence’s tie-breaking vote when two Republicans voted against it.

Thousands of local protests as part of the #ResistTrumpTuesdsays campaign and in response to the outrageous immigration orders have fueled public rage against the administration and its supporters. Boycotts of Uber, Disney, Tesla and other corporations cooperating with Trump’s economic agenda have also alarmed business leaders.

Plus, the past two weeks have GOP senators feeling the heat as their constituents have showed up at town halls meetings and Senate offices demanding opposition to dismantling Obamacare and Trump’s crooked cabinet.

All of that pressure brought on Puzder’s demise. The people sent him packing.

Within a day of Puzder’s bowing out, Trump named Alexander Acosta, dean of Florida International University College of Law, as his new nominee for Labor secretary. Acosta is sure to also get strong scrutiny from people who work for a living and their advocates.

The people have begun to slow the momentum of the Trump/GOP anti-people agenda. And the resistance to their agenda has only just begun.

This post originally appeared on ourfuture.org on February 16, 2017. Reprinted with Permission.

Libero Della Piana is the Director of Digital Organizing at People’s Action. Follow him on twitter @ldellapiana.

 

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.

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