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Posts Tagged ‘Illinois’

A Trailblazing New Law in Illinois Will Dramatically Expand Temp Workers’ Rights

Tuesday, October 10th, 2017

Beginning next summer, a sweeping new law will take effect in Illinois, ending many of the routine injustices suffered by the state’s nearly 850,000 temp employees who often work under miserable conditions.

The Responsible Job Creation Act, or HB690, represents the most ambitious attempt to date by any state to regulate the growing temporary staffing industry. Introduced in January, the bill gained bipartisan support in the Illinois General Assembly and was signed into law by Republican Gov. Bruce Rauner in late September. The law will take effect June 1, 2018.

The legislation, which addresses job insecurity, hiring discrimination and workplace safety, was championed by the Chicago Workers’ Collaborative (CWC) and Warehouse Workers for Justice (WWJ), as well as the Illinois AFL-CIO and Raise the Floor Alliance, a coalition of eight Chicago worker centers.

The law will require staffing agencies to make an effort to place temp workers into permanent positions as they become available—a step forward in the fight to end “perma-temping.” To address racial bias in hiring, the new law requires temporary staffing agencies record and report the race and gender of all job applicants to the Illinois Department of Labor. And in an effort to reduce the workplace injuries that temps frequently suffer, agencies will also now have to notify workers about the kinds of equipment, training and protective clothing required to perform a job.

State Rep. Carol Ammons—a Democrat from Champaign-Urbana who supported Bernie Sanders’ presidential campaign—was the bill’s chief sponsor. Activists credit her with getting the bill to the governor’s desk.

“Legislators don’t always get down into the deep part of the process, but this was so personal to me,” Ammons tells In These Times. After her son told her about the problems he had experienced as a temp worker in another state, she began looking into the temp industry in Illinois and became convinced that it needed reform.

“HB690 won support from both Democrats and Republicans, who heard the voices of workers who came to Springfield to educate us about the temp industry,” state Sen. Iris Martinez, a Democrat who joined Ammons in backing the bill, said at a press conference last Thursday. “When you have two strong women of color leading the charge on this kind of bill, things get done.”

Bakari Whitfield, a WWJ activist, says the most important aspect of HB690 for him is “the opportunity to get a built-in permanent job, as opposed to a seasonal temp job.” Whitfield has been a temp worker for over ten years in a warehouses outside of Joliet. “It’s just a revolving door,” he says. “They hire you and fire you around the same time every year. Every six months you have to go get another job,”

The transparency provisions come in response to a pattern of systemic racial and gender discrimination in the temp industry. In Illinois, whistleblowers have alleged that African-American temp workers are routinely passed over for jobs in favor of Latinos, whom employers consider easier to exploit on the job.

A previous Illinois bill that would have required temp agencies to report the demographics of job applicants, SB47, was killed in 2015 after temp industry lobbyists spread misinformation and fostered divisions between Latino and black lawmakers, as reported by the Center for Investigative Reporting.

According to Ammons, lobbyists similarly tried to sink HB690 this year. A community organizer before entering politics, Ammons says she relied on conversations and personal relationships with fellow lawmakers to counter the industry lobby and advance the bill.

Months before even introducing the bill, “I started talking to legislators about what was happening in the industry and what was happening to the workers,” Ammons explains. “We started really pushing our legislators in a way that maybe they had not experienced from another legislator, asking them to take the moral high ground on the issue. They realized we weren’t going to let it go and decided they had to work with us.”

The Responsible Job Creation Act also requires staffing agencies to bear the costs of background checks, drug tests and credit reports for job applicants—costs workers currently have to incur themselves.

CWC activist Freddy Amador, who worked as a temp for five years at a factory in Waukegan, told In These Times that he’s had to pay up to $95 in such fees for a single job application. “You pay and sometimes you’re not even going to get the job,” he says.

“Working folks should never have to be penalized with these fees just to apply for a job,” Ammons said at Thursday’s press conference. “The temp agencies are a business, so they are to bear the costs associated with doing business, not the workers.”

HB690 also requires staffing agencies to provide workers with transportation back from a job site if they were given a ride. Under the current system, temp workers are frequently left stranded with no way to get home.

Ammons has promised to track how the law is being enforced, including whether temp agencies are actually placing temps into permanent positions, but admits there’s still more work to be done. In particular, Ammons hopes to pass a trailer bill that would end the practice of staffing agencies paying temp workers through credit or debit cards, which carry fees.

“That’s double taxation on the worker. They should be able to get a paper check,” Ammons says.

“We now have to ensure there is enforcement [of HB690], not that we create a law and forget about it,” Martinez insists. She has encouraged the temp worker leaders with CWC and WWJ to hold legislators accountable. “It’s up to you to let us know that the law is being acted out responsibly, and if not, don’t be afraid of coming back to us and making sure that we do the right thing.”

This article was originally published at In These Times on October 4, 2017. Reprinted with permission.

About the Author: Jeff Schuhrke is a Working In These Times contributor based in Chicago. He has a Master’s in Labor Studies from UMass Amherst and is currently pursuing a Ph.D. in labor history at the University of Illinois at Chicago. He was a summer 2013 editorial intern at In These Times. Follow him on Twitter: @JeffSchuhrke.

Groundbreaking Bill in Illinois Would Give Temp Workers Equal Pay and Rights as Direct Hires

Monday, February 13th, 2017

Sweeping legislation introduced in the Illinois state legislature last month would dramatically improve pay, benefits and working conditions for almost a million of the state’s temp workers toiling in factories, warehouses and offices.

The Responsible Job Creation Act, sponsored by State Rep. Carol Ammons, aims to transform the largely unregulated temporary staffing industry by introducing more than 30 new worker protections, including pay equity with direct hires, enhanced safety provisions, anti-discrimination measures and protection from retaliation.

The innovative law is being pushed by the worker centers Chicago Workers’ Collaborative (CWC) and Warehouse Workers for Justice (WWJ), which say it would restore the temp industry to its original purpose of filling short-term, seasonal labor needs and recruiting new employees into direct-hire jobs.

Across Illinois, there are nearly 850,000 temp workers every year. Nationally, temp jobs are at record highs, with more than 12 million people flowing through the industry per year.

“Instead of temps just replacing people who are sick or coming during periods of higher production, they’re actually becoming a permanent staffing option,” says CWC executive director Tim Bell. “There’s nothing ‘temporary’ about it.”

Mark Meinster, executive director of WWJ, says there has been “an explosion” of temp workers in recent decades, especially in manufacturing and warehousing. “Those sectors are part of large, global production networks where you see hyper competition and an intense drive to lower costs. Companies can drive down labor costs by using temp agencies.”

CWC activist Freddy Amador worked at Cornfields Inc., in Waukegan, for five years. He tells In These Times the company’s direct hires start off making at least $16 an hour, but later get raises amounting to $21 an hour. As a temp, however, Amador was only making $11 an hour after five years on the job.

“As a temp worker, you don’t have vacation days, sick days, paid holidays”—all of which are available to direct hires, Amador says.

In These Times reached out to Cornfields to comment on this story. It did not immediately respond.

“Once a company is using a temp agency, it no longer has to worry about health insurance, pension liability, workers’ comp, payroll and human resources costs,” Meinster explains. “It also doesn’t have to worry about liability for workplace accidents, wage theft, or discrimination because, effectively under the law, the temp agency is the employer of record.”

This arrangement drives down standards at blue-collar workplaces, Bell says. “The company itself doesn’t have to worry about safety conditions because these workers aren’t going to cost them any money if they’re injured.”

“The safety for temp workers is really bad,” Amador says. “Temp agencies send people to do a job, but nobody trains them. Sometimes temp workers are using equipment they don’t know how to use, and they’re just guessing how to use it. I’ve seen many accidents.”

Under the new bill, temps like Amador would receive the same pay, benefits and protections as direct hires.

“This is landmark legislation,” Bell says. “There’s nothing like it in the United States.”

Last year, the Center for Investigative Reporting found a pattern of systemic racial and gender discrimination in the temp industry nationwide. Industry whistleblowers allege that African-American workers are routinely passed over for jobs in favor of Latinos, who employers consider to be more exploitable.

Discrimination can be hard to prove because staffing agencies aren’t required to record or report the demographics of who comes in looking for work. As Bell explains, applications often aren’t even filled out in the temp industry, but rather “someone just shows up to go to a job.”

The new bill would require temp agencies to be more transparent about their hiring practices by recording the race, gender and ethnicity of applicants and reporting that information to the state.

Furthermore, the bill includes an anti-retaliation provision that says if temp workers are fired or disciplined after asserting their legal rights, the burden is on the company and temp agency to prove that it was not done in retaliation.

“There’s this fundamental imbalance in the labor market that leads to a whole range of abuses and then non-enforcement of basic labor rights,” Meinster explains. “The changes we’re proposing in this bill get at addressing that structural issue.”

To craft the bill and get it introduced, CWC and WWJ received research and communications support from Raise the Floor Alliance, a coalition of eight Chicago worker centers. The Illinois AFL-CIO, National Economic and Social Rights Initiative, National Employment Law Project, Latino Policy Forum and Rainbow Push Coalition are among the legislation’s other supporters.

Though the Illinois government is still paralyzed by an unprecedented budget stalemate between the Republican governor and Democratic legislature, organizers are optimistic about the bill’s prospects.

“There’s potential for huge movement around this bill,” Bell says, citing the popularity of the presidential campaigns of Bernie Sanders and Donald Trump, which both touched on the theme of economic insecurity. While Trump focuses on jobs fleeing the country, Bell notes that “jobs here in this country have been downgraded.”

“We need to be talking about job quality, not only ‘more jobs.’ Both are important,” Meinster says. He believes existing temp jobs “could and should be good, permanent, full-time, direct-hire, living wage jobs with stability, respect and benefits.”

The author has worked with WWJ in the past on issues related to the temp industry.

This blog originally appeared at Inthesetimes.com on February 9, 2017. Reprinted with permission.

Jeff Schuhrke is a Working In These Times contributor based in Chicago. He has a Master’s in Labor Studies from UMass Amherst and is currently pursuing a Ph.D. in labor history at the University of Illinois at Chicago. He was a summer 2013 editorial intern at In These Times. Follow him on Twitter: @JeffSchuhrke.

Nannies And Housekeepers In Illinois Just Won A Major Victory

Tuesday, May 17th, 2016

Bryce CovertMagdalena Zylinska has been working in people’s homes for most of the last two decades since she came to the United States from Poland. She spent some time as a nanny and a caregiver, but since 1997, she’s been a full-time housekeeper.

But it wasn’t until she took classes with Arise Chicago, a worker organization, in 2013 that she realized how few protections she had on the job. Domestic workers across the country aren’t protected by basic workplace regulations like requirements that they be paid minimum wage, given days off, or be free from harassment.

She’d already had some brushes with these challenges. On one job cleaning up a house after a construction company came in and did work, she says the contractor refused to pay her $1,000 she was owed. “There were really no regulations,” she said, and it would have been too costly and complicated to go to court seeking her money. “It’s really not worth it for us to spend the time and money and taking days off to go after that.” On top of that, employers will regularly hire her for one set of duties at a particular rate and then pack on more and more responsibilities without more pay.

So three years ago, Zylinska decided to do something about it and get involved with the fight to pass a Domestic Workers Bill of Rights in Illionis, similar to those on the books in California, Hawaii, Massachusetts, New York, and Oregon. She traveled to the state capitol in Springfield and even as far as Washington, D.C. in pursuit of expanded rights.

And this week she and her fellow domestic workers tasted victory. The bill of rights they had been trying to move forward passed the state’s Senate and has already passed the House, so it will soon head to Gov. Bruce Rauner’s (R) desk.

The bill, if it gets signed into law, will guarantee domestic workers — including housekeepers like Zylinska as well as nannies and home care workers — the right to make minimum wage, be paid for all hours they work, get one day off a week, and be protected from sexual harassment at work. A 2012 survey of domestic workers across the country found that a quarter were paid less than minimum wage, leaving many in tough financial circumstances — 20 percent had to go without food because they couldn’t afford any. A third said they worked long hours without breaks while 85 percent said they didn’t get overtime pay. And 20 percent said they have faced threats, insults, or verbal abuse. But nearly all of those who experienced problems at work didn’t complain for fear of risking their jobs.

It’s still unclear whether Rauner will sign the bill, and his office did not respond to a request for comment. But those at the National Domestic Workers Alliance, who were also involved in fighting for the bill, are optimistic given that it unanimously passed the Senate with bipartisan support. “As an organization, we feel confident that the Governor will see the value of singing the bill into a law,” said a spokesperson for the organization.

Zylinska is also feeling confident. “I think they realize that domestic workers make all the work possible and they’re very crucial to the economy,” she said. “I just hope the governor really will see that it’s really necessary for us to be protected.”

“We only want to be recognized as domestic workers, workers that have basic protection,” she added. “All we want is respect.”

This blog originally appeared at Thinkprogress.org on May 12, 2016. Reprinted with permission.

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.

In Illinois, Wage Thieves Will Pay

Wednesday, August 4th, 2010

Image: James ParksIllinois employers who shortchange or don’t pay their employees will face felony charges for repeat offenses and, in all cases, will be forced to pay back wages plus interest and fines under a new law signed by Gov. Pat Quinn (D) last week.

The new law, which experts say is the toughest anti-wage theft law in the country, goes into effect Jan. 1, 2011. It also gives workers more rights to ensure they are paid what they earn.

Chris Williams, executive director of the Working Hands Legal Clinic in Chicago, which led the effort to pass the law, told the Associated Press the law particularly benefits those who are most vulnerable: low-wage, temporary and immigrant workers. Low-wage workers are often paid in cash, making record-keeping difficult, and some undocumented workers fear retaliation if they speak up.

Such laws passed in Illinois and other states are important because they help generate momentum for a national policy, says Ted Smukler, public policy director at Interfaith Worker Justice (IWJ). If the law is administered the right way, it would help workers get justice quicker than the current system, he said.

IWJ, under the leadership of executive director Kim Bobo, has been in the forefront of efforts to stop wage theft. IWJ is organizing a National Day of Action on wage theft on Nov. 18, to increase awareness of the issue and ways workers and communities have fought back. If your worker center, local union or worker advocacy group would like to organize an event on Nov.18 and coordinate with IWJ, contact Smukler at tsmukler@iwj.org.

The new law gives the state Department of Labor more oversight in dealing with the more than 10,000 wage theft claims it receives each year. The department will have authority to directly adjudicate claims of $3,000 or less.

The Illinois law is part of a growing national focus on stemming the epidemic of wage theft. In April, U.S. Labor Secretary Hilda Solis unveiled a new campaign to inform workers about their pay rights and to put a stop to wage theft.

Earlier this year, the Miami- Dade County Commission approved a country-wide wage theft ordinance. Several states, including  New York, Washington State, Massachusetts and New Mexico, have toughened penalties for employers who steal workers wages, Smukler said.

A recent study found that low-wage workers in New York City, Chicago and Los Angeles are routinely denied proper overtime pay and often are paid less than minimum wage.

About the Author: James Parks had his first encounter with unions at Gannett’s newspaper in Cincinnati when his colleagues in the newsroom tried to organize a unit of The Newspaper Guild. He saw firsthand how companies pull out all the stops to prevent workers from forming a union. He is a journalist by trade, and worked for newspapers in five different states before joining the AFL-CIO staff in 1990. He has also been a seminary student, drug counselor, community organizer, event planner, adjunct college professor and county bureaucrat. His proudest career moment, though, was when he served, along with other union members and staff, as an official observer for South Africa’s first multiracial elections. Author photo by Joe Kekeris

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