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Posts Tagged ‘labor secretary’

Calls Increase for Trump Labor Sec. Alexander Acosta To Resign

Friday, February 22nd, 2019

A U.S. District judge ruled Thursday that U.S. Labor Secretary Alexander Acosta committed a crime in 2007 when, as a U.S. prosecutor at the time, he secretly gave a lenient plea deal to a politically-connected billionaire accused of sex trafficking underage girls.

In a case brought by victims of billionaire and Trump associate Jeffrey Epstein, Judge Kenneth Marra found that Acosta and other federal prosecutors violated the Crime Victims’ Rights Act by brokering a plea deal with Epstein, allowing him to serve only 13 months in a county jail for his crimes, and then sealing the agreement.

The ruling came nearly three months after the Miami Herald‘s explosive report on the plea deal, which prompted the Justice Department to begin an investigation into the prosecutors’ conduct.

Marra’s decision led to renewed calls for Acosta—who was appointed by President Donald Trump and who as head of the Labor Department is responsible for combating sex trafficking—to resign.

By sealing Epstein’s plea agreement, Acosta stole from more than 30 of Epstein’s victims—some of whom were as young as 13 when they were recruited by his paid employees and then coerced into sex acts by him—the chance to attend Epstein’s sentencing and demand a harsher punishment.

“While the government spent untold hours negotiating the terms and implications of the [agreement] with Epstein’s attorneys, scant information was shared with victims,” Marra found.

“The government-aligned themselves with Epstein, working against his victims, for 11 years,” Brad Edwards, the attorney representing the women who survived Epstein’s abuse, told the Herald. “Yes, this is a huge victory, but to make his victims suffer for 11 years, this should not have happened. Instead of admitting what they did, and doing the right thing, they spent 11 years fighting these girls.”

Epstein’s victims and the U.S. government now have 15 days to come to a resolution following Marra’s ruling.

This article was published in In These Times on February 22, 2019. Reprinted with permission. 

About the Author: Julia Conley is a Maine-based staff writer for Common Dreams.

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.

Workplace Fairness Applauds the Withdrawal of Andrew Puzder’s Nomination for Labor Secretary

Wednesday, February 15th, 2017

Along with hundreds of workers rights organizations and millions of workers (whether they realized it or not!) Workplace Fairness is applauding the withdrawal this afternoon of Andrew Puzder’s nomination as Secretary of Labor. Puzder announced the following this afternoon (February 15):

“After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor. I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America’s workers and businesses back on a path to sustainable prosperity. I want thank President Trump for his nomination. I also thank my family and my many supporters—employees, businesses, friends and people who have voiced their praise and hopeful optimism for the policies and new thinking I would have brought to America as Secretary of Labor. While I won’t be serving in the administration, I fully support the President and his highly qualified team.”

Puzder could not have been a worse fit for the position he aspired to hold, as throughout his career, he has made his hostility to pro-worker policies abundantly clear. We can all (at least temporarily, until we see the next nominee) breathe a sigh of relief that Puzder will not be making policy decisions at the Department of Labor which will roll back workplace protections and risk workers’ lives. This stunning defeat would not have been possible but for all the working people around the country who banded together and said NO! to someone who was clearly unfit for the job.

Puzder’s withdrawal comes on the eve of his planned February 15 confirmation hearing before the Senate’s Health, Education, Labor & Pensions (HELP) Committee – the first step toward confirmation that any Labor Secretary nominee will have to face. Once Puzder was nominated, groups familiar with his anti-worker views began assembling a record of his appalling views towards and treatment of his own employees at CKE Restaurants, Inc., the parent company of Hardee’s and Carl’s Jr. fast food restaurants. It wasn’t that hard to do.

Even in an industry known for its low pay, overtime violations, sexual harassment, and health and safety concerns, CKE stood out from the rest, with about 60 percent of the U.S. Department of Labor’s investigations into CKE restaurants turned up at least one violation of the Fair Labor Standards Act. Female CKE employees reported sexual harassment at a rate 150% higher than other fast food establishments.

Puzder’s response was to blame his franchisees, yet the amount of control CKE exercised over its franchisees in virtually every respect but employment policies was clearly an effort to avoid legal liability. CKE’s official response:  “We’d like to offer a reminder that CKE Restaurants is nearly 95 percent franchised. Each of these 2,769 franchise stores are run independently and solely responsible for their employees, management and adherence to regulations and labor practices.” It’s very convenient for CKE to disavow all liability when it comes to adhering to employment laws, when it exerts control over virtually every other aspect of its operations.

Puzder has also been very vocal about his contempt for his own workforce and active in an industry group that lobbied hard against legal protection for workers. In 2011, he was quoted, when speaking about the Hardee’s workforce, as saying “you’re hiring the best of the worst. You know, it’s kind of the bottom of the pool. And at Hardee’s it was so bad, we were hiring the worst of the worst and hoping they would stay.” He also once mused about replacing his workers with robots, in a March 2016 interview with Business Insider. Of automated replacements to real live workers, he said “They’re always polite, they always upsell, they never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex, or race discrimination case.”

A place I frequent – which employs only real live humans – has a sign with this statement. This seems appropriate for the CKE workforce as well, except that some of these things are very predictable when you violate the law and mistreat workers.

If all that Puzder had working against him was his anti-worker hostility, in all honesty, he probably would have been easily confirmed. After all, Betsy DeVos was just approved as Secretary of Education despite her documented history of hostility to public education and lack of any experience working in the education field. At least Puzder had some experience with labor and employment laws, if only to violate them and constantly decry their enforcement. But between ethics concerns over how he would divest his CKE Restaurant holdings, his recent admission that he had hired an undocumented worker and not paid her payroll taxes while claiming he thought she had a legal working status, and allegations of domestic violence raised by his ex-wife during their divorce and custody proceedings, Puzder’s nomination was ultimately doomed.

Workplace Fairness was part of a coalition of over 100 groups nationwide in opposition to the Puzder nomination. The coalition, led by the National Employment Law Project and Jobs with Justice, ensured that Puzder’s record of extreme hostility to the rights of workers it would be his job to protect came to light and that workers who would be most impacted by Puzder’s views were equipped with the ability to speak out in response.  A rally planned in opposition to Puzder before his planned February 15 hearing is now a victory celebration.

We will have to wait and see who the next Labor Secretary nominee will be. Will it be someone with views as extreme as Puzder’s, but without such a paper trail? Or will an Administration that has claimed to support the rights of working people actually nominate someone who believes in those rights? Time will tell, but today we celebrate a hard-fought victory by workers’ advocates to prevent the #AntiLaborSecretary from taking office.

Paula Brantner recently stepped down as Executive Director of Workplace Fairness after serving in that position since 2008. She served as the Workplace Program Director from 2003 to 2007, writing legal content for the Webby-nominated site www.workplacefairness.org. Paula was the Program Director for Working America, the community affiliate of the AFL-CIO, and the Working America Education Fund, from 2007-2008. From 1997-2001, she was the senior staff attorney at the National Employment Lawyers Association (NELA), heading NELA’s amicus, legislative/policy, and judicial nominations programs. An employment lawyer for over 23 years, Brantner has degrees from UC-Hastings College of the Law and Michigan State University’s James Madison College. She continues to advise the organization on website strategy and content and oversee WF’s 0.1.2.3 Content Licensing for Legal Websites program through her business PB Work Solutions, LLC.

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.

Workers Say Trump’s Labor Secretary Nominee Is a Habitual Violator of Labor Law

Tuesday, January 17th, 2017

Andrew Puzder, Donald Trump’s nominee for labor secretary, is uniquely unqualified for that job. As secretary, he’d be charged with enforcing health and safety, overtime and other labor laws. But as CEO of CKE Restaurants, the parent company of Hardee’s and Carl’s Jr., he’s made his considerable fortune from violating these very same laws, according to a report by the Restaurant Opportunities Centers (ROC) United released this week.

ROC, which advocates for restaurant workers nationwide, surveyed 564 CKE workers, 76 percent of them women. In discussing the results of the survey, it’s important to note that while ROC surveyed a large number of workers, the respondents are people who chose to fill out a survey distributed by a workers’ rights organization, which they learned about through their social media networks. Still, ROC reported “unprecedented” interest in the survey among workers at CKE and their eagerness to be part of the study, and the experiences they reported, are striking reminders that by tapping Puzder, Trump has made clear that his administration will be a dystopian nightmare for U.S. workers.

A recent national survey among non-managerial women working in fast food found that 40 percent of such women have experienced sexual harassment on the job. Under Puzder, the problem could worsen: A whopping 66 percent of female CKE workers ROC surveyed had faced sexual harassment. Harassment came from supervisors, co-workers or—most often—customers, and took the form of sexual comments, groping, unwanted sexual texts and pressure for dates.

CKE is known for its sexist advertising, which depicts women in skimpy bikinis devouring cheeseburgers. And, certainly, imagery contributes to the culture, but when harassment is as pervasive as it appears to be at CKE, there are usually more structural problems at play. Companies in which women are harassed are generally places in which women—indeed, workers in general—are not valued or respected, and in which workers lack any institutional means to stand up for their rights.

In such companies, women are often not paid and promoted fairly. And, as one might expect, nearly one in five of the CKE workers ROC surveyed said he or she had faced discrimination at work, most commonly on the basis of gender, age or race.

Of the CKE employees who participated in the ROC survey, nearly one-third said they did not get meal breaks that are mandated by law; around one-fourth had been illegally forced to work off the clock or had timecards altered; almost one-third had been illegally deprived of overtime pay.

The ROC survey also found widespread health and safety violations. Nearly one-third of those surveyed said they had become sick or injured on the job. Workers described an environment of slippery floors, frequent grease burns and many said they had to do dangerous tasks—like cleaning a hood over a hot char broiler, for instance—without proper protective equipment.

Appointing Puzder as labor secretary is like inviting Tony Soprano to serve as attorney general. Let’s hope this enemy of working people will face humiliation and defeat when his confirmation goes before the Senate. His hearing, originally set for next Tuesday, may now be postponed until February. That delay would give labor—meaning anyone who works for a living—more time to mobilize against him. Let’s get started.

This post originally appeared on inthesetimes.com on January 13, 2017.  Reprinted with permission.

Liza Featherstone is a journalist and author of Selling Women Short: The Landmark Battle for Workers’ Rights at Wal-Mart and False Choices: The Faux Feminism of Hillary Rodham Clinton. 

McConnell blasts labor nominee Perez as a 'crusading ideologue'

Wednesday, May 8th, 2013

Laura ClawsonBased on what Senate Minority Leader Mitch McConnell was saying on the Senate floor Wednesday morning, it sounds like he’s a no on President Obama’s nomination of Thomas Perez for labor secretary, and like we’re going to see yet another filibuster:

“He is a committed ideologue who appears willing, quite frankly, to say or do anything to achieve his ideological ends,” McConnell said on the floor. “His willingness, time and again, to bend or ignore the law and to misstate the facts in order to advance his far-left ideology lead me and others to conclude that he’d continue to do so if he were confirmed to another, and much more consequential, position of public trust.”Foreshadowing a filibuster of Perez, the minority leader, who is up for reelection next year, pounded earlier remarks by the nominee saying it’s sometimes necessary to “push the envolope” when federal law is “muddled.”

“Taken together,” McConnell said, “all of this paints the picture, for me at least, not of a passionate liberal who sees himself as patiently operating within the system and through the democratic process to advance a particular set of strongly held beliefs, but a crusading ideologue whose conviction about his own rightness on the issues leads him to believe the law does not apply to him. Unbound by the rules that apply to everyone else, Mr. Perez seems to view himself as free to employ whatever means at his disposal, legal or otherwise, to achieve his ideological goals.”

Previously, Republican senators have said they object to Perez because he testified after the fact about a decision he wasn’t involved in and which two investigations have said was appropriate, but which allows Republicans to link Perez’s name with the New Black Panther Party so they’re going to keep talking about it despite it being a non-story with which he was not involved anyway. Also, Sen. Tom Coburn is upset about a requirement that some doctors provide translators for patients who don’t speak English, and Republicans claim that Perez misled senior officials and covered up his motivation in a housing discrimination case in which he in fact consulted with a series of senior officials before taking action.

Basically, Perez is an Obama nominee who’s tough and effective in service of vulnerable people, not those in power. Being an Obama nominee is reason enough for many Republican senators to oppose him. But being tough and effective for people who aren’t rich or powerful? That’s really not to be tolerated.

This article was originally posted on the Daily Kos on May 8, 2013. Reprinted with Permission.

About the Author: Laura Clawson is an editor at the Daily Kos.

Labor Secretary Solis Resigns

Thursday, January 10th, 2013

BREAKING-Labor-Secretary-Solis-Resigns_blogpostimageU.S. Labor Secretary Hilda Solis resigned today.

AFL-CIO President Richard Trumka said Solis “brought urgently needed change to the Department of Labor, putting the U.S. government firmly on the side of working families.”

Under Secretary Solis, the Labor Department became a place of safety and support for workers. Secretary Solis’s Department of Labor talks tough and acts tough on enforcement, workplace safety, wage and hour violations and so many other vital services. Secretary Solis never lost sight of her own working-class roots, and she always put the values of working families at the center of everything she did. We hope that her successor will continue to be a powerful voice both within the Obama administration and across the country for all of America’s workers.

In a statement, Solis said:

This afternoon, I submitted my resignation to President Obama. Growing up in a large Mexican-American family in La Puente, California, I never imagined that I would have the opportunity to serve in a president’s Cabinet, let alone in the service of such an incredible leader.

Because President Obama took very bold action, millions of Americans are back to work.  There is still much to do, but we are well on the road to recovery, and middle class Americans know the president is on their side.

Together we have achieved extraordinary things and I am so proud of our work on behalf of the nation’s working families.

This post was originally posted by AFL-CIO NOW on January 9, 2012. Reprinted with Permission.

About the Author: Donna Jablonski is the AFL-CIO’s deputy director of public affairs for publications, Web and broadcast. Prior to joining the AFL-CIO in 1997, she served as publications director at the nonprofit Children’s Defense Fund for 12 years. She began my career as a newspaper reporter in Southwest Florida, and since have written, edited and managed production of advocacy materials— including newsletters, books, brochures, booklets, fliers, calendars, websites, posters and direct response mail and e-mail—to support economic and social justice campaigns. In June 2001, she received a B.A. in Labor Studies from the National Labor College.

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