Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Fair Pay’

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

Thursday, November 3rd, 2016

dave.johnson

 

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

 

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

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

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

Obama’s Fair Pay and Safe Workplaces Executive Order

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

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

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

This Is A Big Deal

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

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

“Creates A Culture Of Legal Compliance”

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

Fair Pay Hotline And Website

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

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

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

Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the US.

 

Labor Department Issues Final ‘Fair Pay And Safe Workplaces’ Rules

Tuesday, August 30th, 2016

dave.johnson
The Department of Labor (DOL) has released the final rules for implementing President Obama’s two-year-old Fair Pay And Safe Workplaces executive order.

The July 2014 post, Obama’s ‘Fair Pay and Safe Workplaces Executive Order’, explained the order:Executive-order-contractors-SEIU-300x300

Saying that “taxpayer dollars should not reward corporations that break the law,” President Obama on Thursday issued another executive order designed to help low-wage workers.

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

Specifically, the new rules require companies that bid on federal contracts to disclose wage and hour, safety and health, collective bargaining, family and medical leave, and civil rights violations from the prior three years. Federal contractor hiring officers are to take serious violations into account before awarding contracts.

Hold Companies Accountable

Ohio Sen. Sherrod Brown, the sponsor of the Wage Theft Prevention and Wage Recovery Actto combat wage theft and require employers to provide timely paychecks, issued a statement tying the new rule to the plight of Senate cafeteria workers who work for contractor Restaurant Associates,

“We’ve seen what happens when federal contractors like Restaurant Associates don’t treat our workers fairly – employees are deprived of wages and protections that all our workers deserve,” said Brown. “This executive order will hold companies like Restaurant Associates and anyone who does business with the federal government accountable and improve the lives of millions of Americans who work for federal government contractors. I’m pleased the Department of Labor issued this guidance so we can improve oversight of contractors.”

AFL-CIO President Richard Trumka issued this statement:

The AFL-CIO applauds the Administration for moving forward with regulations and guidance implementing the Fair Pay and Safe Workplaces Executive Order. This measure will make our contracting system more fair and accountable, which is good for working families, law-abiding employers, and communities. Companies that receive taxpayer-funded contracts should obey the law and respect their employees’ rights, and with today’s actions, the Administration has taken an important step in moving that common-sense principle forward.

The Teamsters issued a statement celebrating the final rules, titled, “Teamsters Voice Support For Fair Pay And Safe Workplaces Executive Order“:

“The Teamsters Union fully supports President Obama’s Fair Pay and Safe Workplaces Executive Order,” said Teamsters General President Jim Hoffa. “It will not only protect the millions of workers that are employed by federal contractors, but it will ensure that taxpayer money is not being handed to companies that blatantly violate labor and workplace laws.”

The executive order will put in place regulations that will address key issues workers are faced with on the job at federal contractors including wage theft, safety violations and discrimination. The union passed a resolution supporting the Fair Pay and Safe Workplaces Executive Order at its International Convention this past June:

“Be it resolved at this 29th International Convention that the Teamsters are committed to fighting for full implementation of the Fair Pay and Safe Workplaces Executive Order and for the fundamental principle that employers who receive federal taxpayers’ money should comply with federal labor law.”

“Will Hamstring Employers And Contractors”

The Daily Caller story, “Obama Issues Order That Will Hamstring Employers And Contractors“, provides the Republican view, saying that actually having to pay employees and comply with the law, not cheat them, will “hamstring” businesses:

The rule was blasted by employers, who asserted that it would result in fewer qualified bids for federal contracts. The Associated Builders and Contractors told The Wall Street Journal the rules, “will result in needless delays and litigation, crippling the contract award process.”

Three House Republican lawmakers with the Committee on Education and the Workforce criticized the rule, saying that, “unfortunately, this administration would rather spend time and resources creating new layers of bureaucracy instead of using its existing authority to enforce current protections.” Chairman John Kline of Minnesota, along with Reps. Tim Walberg of Michigan and Phil Roe of Tennessee, went on to say that, “This redundant, unnecessary, and unworkable regulatory scheme isn’t about protecting the rights of workers. It’s about growing government and promoting a culture of union favoritism.”

This post originally appeared on ourfuture.org on August 25, 2016. Reprinted with Permission.

Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the US.

Academic Labor Unrest Spreads to Maryland Colleges

Monday, March 24th, 2014

Bruce VailBALTIMORE – Part-time professors at the historic Maryland Institute College of Art are joining a growing movement of academic workers around the country who want a union to help them with fundamental issues of fair pay and decent job conditions.

A committee of part-time faculty—also known as adjuncts—filed a petition on March 7 with the National Labor Relations Board seeking an election to establish Gaithersburg, Md.-based Service Employees International Union Local 500 as its collective bargaining agent. Joshua Smith, one of the committee’s leaders, tells In These Times that the adjuncts hope to move to an election within just a few weeks.

And instructors at other institutions in the region see the move to unionize as highly necessary. “This is an exciting development. Adjuncts really need a union to protect them from the abuses of a system they are unable to change. At the moment, they have no voice … There can be no sense of community, scholarly or academic, when adjunct faculty are not included in decision-making as to curriculum or policy,” says Peggy Beauvois, a part-time instructor in the College of Education at the nearby Loyola University Maryland, which does not employ unionized faculty.

“We simply can not meet the needs of students when we must have two—and sometimes three—adjunct positions to even begin to support ourselves. I’ve heard stories about adjuncts who can’t afford an apartment and are living out of the back seat of their cars,” she adds.

Smith estimates there are about 200 adjuncts at MICA, who teach about 45 percent of the school’s courses; overall, he says, the campus environment is a positive one. “We do enjoy working at MICA and it’s a great place to teach,” he says.

But that’s not enough to outweigh the worries about survival and consistent employment that being an adjunct entails, he points out. “Of course compensation and benefits are big issues, but job security is probably the biggest concern,” he says. “You can have been an adjunct for ten years, but you still don’t know whether you will have a class to teach next semester.”

The big question awaiting the adjuncts at MICA is whether the school’s administrators will actively oppose unionization, Smith says. A best-case scenario would see the college bosses adopt a neutral position, as they did at Georgetown University, where Local 500 ran a successful part-time faculty organizing campaign in 2013. Alternatively, higher-ups could take a more antagonistic approach similar to those of Boston’s Northeastern University, where administrators hired the notorious union-busting firm Jackson Lewis last year to stifle organizing. For the moment, though, MICA public relations director Jessica Weglein Goldstein says the school has “no comment” on its position of adjunct unionization.

Smith, however, remains optimistic. The part-time professor, who has taught art history in Baltimore for four years, believes the union will prevail easily in an election. The organizing committee has been active on MICA’s campus since 2011, he says, and has worked to gather support both within the adjunct population and outside of it. For example, members of the committee formally asked full-time professors to remain neutral in an election campaign—a presentation Smith deemed to be effective.

In general, the unionization of adjuncts “is long overdue,” says Michelle Tokarczyk, Vice President of the Maryland Conference of the American Association of University Professors (AAUP). There is very little unionization of college staff in the state thus far, she says, but the movement has a broad base of approval from many in the higher education community.

Though MICA is a private institution, labor allies in Maryland hope that its faculty’s efforts will work in conjunction with another campaign focused on community colleges throughout the state. A coalition of unions comprised of the Maryland State Education Association (MSEA), SEIU Local 500 and the American Federation of State, County and Municipal Employees (AFSCME) is currently working to push legislation through the state house in Annapolis that would ease organizing at community colleges. Given the lack of labor laws specifically covering community college employees, the coalition is advocating for a bill that would provide a statewide legal framework for those workers when they unionize in the future.

Prospects for passage of the bill are good, reports Sean Johnson, an MSEA official, although it does not appear that state legislature is inclined to act quickly. Organizers have garnered support from key state representatives, however, and Gov. Martin O’Malley has pledged to sign the bill if it passes. Right now, a number of community college presidents are opposing the bill, but labor lobbyists in Annapolis believe that opposition can be overcome, Johnson says.

If the bill is passed, the three unions hope to organize some 19,000 employees at 16 community college campuses: MSEA would seek to unionize the regular full-time faculty, Local 500 would agitate among the adjuncts and AFSCME is interested in the other college staff. “Our coalition has been successful in the past,” Johnson says, in reference to unionization of more than 1,000 academic workers at suburban Washington, D.C. Montgomery College in 2008, “and we think it will be successful again.”

The urgency of organizing academic workers—especially part-time ones—is starting to be recognized on a national scale, says Local 500 organizer Kevin Pietrick. Indeed, on the same day the Baltimore art college instructors filed for an election, so did adjuncts at Washington, D.C.’s Howard University. Similar organizing efforts are underway in several other states, he says.

And in Baltimore, a successful campaign at MICA may potentially pave the way for other colleges in the area.

Beauvois wishes the MICA adjuncts well and hopes that union movement picks up steam in the academic community. “As it is now, [working as an adjunct] is not a living wage,” she says. “It’s a hobby, or volunteer work, but you can’t make a living.”

UPDATE: Maryland Institute College of Art confirmed on March 24 that it had agreed to a National Labor Relations Board-supervised election for the part-time instructors seeking union representation. The election, to be conducted with mail-in ballots, will commence April 10, and will conclude with the counting of completed ballots April 29.

The bargaining unit will include about 350 employees.

This article was originally printed on Working In These Times on March 20, 2o14.  Reprinted with permission.

About the Author: 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.

Giant Supervalu Grocery Chain Sues Small Workers Center

Tuesday, August 2nd, 2011

R.M. ArrietaOrganizers say a lawsuit filed by a Minnesota grocery store chain against a worker center is nothing more than an attempt to bankrupt and silence them. Supervalu’s suit is a culmination of activity over 18 months in which workers have been calling for fair pay and better working conditions.

In May, In These Times reported that workers, frustrated with lack of response from representatives at Supervalu, parent company of Cub Foods, went on a 12-day hunger strike. That strike ended when several state lawmakers attempted to get executives at the retail chain giant to meet for talks and called on the group to end the fast.

Supervalu executives reportedly refused to meet with the workers and filed acivil lawsuit July 18 requesting damages against the small nonprofit workers center that supported the action: Trabajadores Unidos en Lucha (CTUL).

The chain also filed a temporary injunction imposed by a judge and, among other things, ordered CTUL to post the suit on its website and Facebook page and on any Twitter feeds and link the order in any email, web postings or Twitter feeds concerning any planned actions against Cub Foods.

“We did not want to file a suit against CTUL, but because of their aggressive protests taking place in our stores we had no choice,” said Mike Siemienas, a spokesman at Supervalu, Inc. told In These Times.

Attorneys representing CTUL have filed a motion to dismiss the charges.

“We find it hard to believe the lawsuit was because of that. We believe it is aimed at trying to bankrupt us and silence us,” said CTUL spokeswoman Veronica Mendez, who has also been named in the suit.

The workers are calling for job safety and a “Code of Conduct.”

Several state representatives including Congressman Keith Ellison, State Senator Patricia Torres-Ray ELCA Bishop Craig Johnson, Rep. Jim Davnie, and Minneapolis City Council Member Gary Schiff are backing the workers. The Minneapolis City Council signed a resolution in support.

CTUL stated that it believes the lawsuit is in retaliation for the nonprofit calling on the help of the government to help resolve the labor dispute.

“Cub Foods should be commended for donating to food pantries and helping tornado victims. But the core of good corporate citizenship is not charitable giving; it’s treating your workers with respect and dignity. These workers have asked for little more than to meet and discuss their pay and work rules, and they have been rebuffed,” Congressman Ellison said in a statement.

Supervalu is one of the 100 richest corporations in the world – making more than $40 million in profits last year. For the quarter ending June 18, itreported a profit of $74 million, according to the Wall Street Journal.

Meanwhile, over the past 10 years, working conditions for cleaners have deteriorated. Many cleaners who once earned between $10-11 an hour now earn $7-8 an hour. The cleaning crew has shrunk from four to two, according to Mendez.

Cub Foods says it’s not responsible for the poor treatment of workers because they are subcontracted out to a cleaning company, Carlson Building Maintenance, whom Cub says is responsible for their workers. Said Siemienas, “It is a common practice for retailers to use third-party services to clean their floors. We ensure that our contractors follow all laws and labor laws.”

However, this practice allows retail companies take the lowest bid, pitting maintenance companies against each other. To keep the costs low, these companies do what they can to cut corners.

Mendez explains that Carlsen has told workers they do not have the money because they are not getting more money from Supervalu and that in fact, the price of the contract is going down.

“Carlsen doesn’t have ability to pay workers what they need to be paid. It’s clear to us that if there’s going to be real change, it has got to come from Supervalu.”

SHAREHOLDER MEETING

This week, workers and faith leaders went to a recent Supervalu shareholder meeting in Edina, Minn. Pastors Grant Stevensen and the Rev. John Gutterman got in, and asked the company to do the right thing.

Stated CTUL member Lucila Dominguez, who was one of the people who took part in the hunger strike in May.

This problem will not change until large retail chains like Cub Foods agree to ensure fair wages and working conditions for workers who clean their stores regardless of which contractor they use.

Said Mendez, “They’ve made lots of claims as to why they wanted this lawsuit, when all we wanted to do was sit and talk.”

This article originally appeared on the Working In These Times blog on July 29, 2011. Reprinted with permission.

About the Author: R.M. Arrieta was born and raised in Los Angeles. She has worked at three daily newspapers and two television stations and is a former editor of the Bay Area’s independent community bilingual biweekly El Tecolote. She currently lives in San Francisco, where she is a freelance journalist writing for a variety of outlets. She can be reached at rmarrieta@inthesetimes.com.

Lily Ledbetter's Fair Pay Fight Continues

Thursday, July 9th, 2009

In a recent Letter to the Editor in the New York Times, Lilly Ledbetter reminded all of us that Congress still has some unfinished business when it comes to ensuring fair pay for women. Specifically, she mentioned the importance of passing the Paycheck Fairness Act – a bill that aims to strengthen current laws against wage discrimination and provides tools to enable the federal government more proactively address it.

It’s an unfortunate reality that pay discrimination persists nearly half a century after the Equal Pay Act outlawed the practice. When women aren’t paid what they are owed, they suffer and so do their families – in income, benefits and retirement security.

Lilly’s determination and fortitude is an inspiration for all of us to continue fighting for pay equity. As Lilly herself has said so many times before, this fight is about ensuring that our daughters and granddaughters will get a better deal. She has traveled far and wide to spread this message, and to make sure no one forgets that women are still falling 22 cents short of equality (http://www.nwlc.org/fairpay/statefacts.html)

 
Fatima Goss Graves: Fatima Goss Graves is Senior Counsel for Education and Employment at the National Women’s Law Center. She focuses on gender equity in education, including the advancement of women and girls in fields that are nontraditional for their gender, affirmative action, sexual harassment and athletics. Prior to joining NWLC, she worked as an appellate and trial litigator at Mayer, Brown, Rowe, & Maw LLP. She began her career as a law clerk on the U.S. Court of Appeals for the Seventh Circuit. She is a graduate of Yale Law School and the University of California at Los Angeles.

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