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Posts Tagged ‘labor’

A Day in the Life of a Day Laborer

Friday, June 16th, 2017

Come sunrise, the men fill the street corner, among them Luis, quietly sitting by himself, nurturing hopes for work today.

There was no work yesterday, nothing the day before and nothing for weeks.

Still, the 50-year-old Guatemalan, who didn’t want his last name used, waits in the growing heat, saying he has no other choice.

He waits even though he hates day labor work, because he says it is sometimes dangerous, barely enough to live on, and some of the men on the street corner have bullied and hurt him on the job.

The factory where he worked for almost a decade shut down a few years ago, he can’t find any work as a caregiver, and, he says, the factories aren’t hiring or they are shutting down.

He says he has papers to show he is a legal resident in the United States, but he suspects that many of the men standing around him don’t have that status.

That’s not the case for Carlos Sanchez, 70, and Gustavo Almaraz, 28, who are standing nearby. Carlos says he is Puerto Rican and Gustavo says he was born in the United States.

But they say that many workers lack papers and so they suffer. Often, the contractors who hire the men off the street corner “automatically think you don’t have papers,” explains Almaraz. And that’s a problem, because they want to take advantage of you. “Some of the people here (doing the hiring) are mean,” he adds.

The two also say they know how to take care of themselves.

Sanchez says he knows how to do a lot of jobs and how to deal with people, starting out decades ago as a migrant worker earning 35 cents an hour. And Almaraz says he has picked up enough skills that he can virtually take every job offered on the street corner.

“It’s all on you,” Almaraz explains. “You see a car coming in and you have to go up and say, ‘Hey boss, what do you need?’”

The secret is finding a good boss and somebody who needs you for a long time, he says. It also involves knowing, he says, when to walk away from someone who abuses you. “I had a good-paying job with an electrician, but he started to become disrespectful. He started to yell and insult me.”

Almaraz says he won’t work for less than $15 an hour, but surveys indicate laborers often earn minimum wages or less, and sometimes nothing. “Nobody can live on less than $100 a day,” Almaraz says.

Near them is a 65-year-old Mexican: a short, stocky, balding man, who says he has been doing day labor ever since coming to the United States without papers 12 years ago.

He hasn’t been able to find work and so he says he will take less than the others. “Sometimes they don’t pay. It’s very difficult. There is no work and everything is expensive,” he says in Spanish.

Time passes, and the men disappear from the street corner. Some are off to work, getting into the trucks and vans that pick them up.

As soon as someone pulls up onto the gasoline station’s street corner, the men rush them, huddling by the vehicle’s windows, bargaining furiously as they tout their skills. And some just wander off.

Not Luis. He sits waiting. Some jobs he won’t take.  “I have friends who were injured doing roofing, and they went home (to Guatemala) handicapped,” he says.

Not too long ago, he took a moving job with another worker. It was supposed to be an easy three-hour job. But the items they moved were so heavy, he sat at home for three days afterward, his hands shaking.

“A lot of people will do this work. They don’t speak the language so they have to. But I don’t have to,” he says.

He waits along with more than 100,000 others who gather daily on dozens of street corners across the United States, according to figures from 2006. It is a world, where workers are often cheated out of their wages, injured on the job and then left without medical care, according to a 2006 survey. Where workers who complain often suffer retaliation by employers who fire them, suspend them, or threaten to call immigration officials.

As the hours pass, Luis huddles in the scorching sunlight, watching out for anybody looking for a worker and a job he can do.

Most of the men are gone, but not him.

This article originally appeared at Inthesetimes.com on June 15, 2017. Reprinted with permission.
About the Author: Stephen Franklin, former labor and workplace reporter for the Chicago Tribune, was until recently the ethnic media project director with Public Narrative in Chicago. He is the author of Three Strikes: Labor’s Heartland Losses and What They Mean for Working Americans (2002), and has reported throughout the United States and the Middle East. He can be reached via e-mail at freedomwrites@hotmail.com.

This is Why Labor Should Care About Virginia’s Gubernatorial Primary

Wednesday, June 14th, 2017

Last year, I wrote about the open shop referendum in Virginia, calling it the most important election for the labor movement in 2016. While Virginia has been a “right-to-work” state since 1947, supporters of the referendum argued that a constitutional amendment was necessary to prevent Democratic Attorney General Mark Herring or future Democratic legislative majorities from overturning the statute.

In a year where the election of an anti-labor president coincided with votes in Alabama and South Dakota that affirmed the open shop, Virginia gave labor its brightest victory: Almost 54 percent of voters across the Commonwealth rejected the constitutional amendment. And the “no” vote was spread out across the Commonwealth, with places as disparate politically as urban Arlington and rural Accomack voting against the measure, which was bitterly opposed by Virginia’s labor movement.

Much like the open shop referendum last year, this year’s gubernatorial election in Virginia is significant for labor. It’s a chance to contest the open shop in a region that has long seemed closed to any pro-labor advances on the issue. The primary vote is set for Tuesday and the labor movement would do well to make its presence felt.

Spread of the open shop

Politically, the open shop has been something of a settled matter in most of the South.

One of the first open shop statutes passed in Florida in 1944. As Gilbert Gall recounts in his Labor Studies Journal article, leaders of the American Federation of Labor (AFL) were slow to respond to the calls from its state affiliates for assistance in defeating the measure:

“…..President Green affirmed that the AFL wanted to help, but, he added, ‘it is expected that the Florida labor movement will do its part.’ He then chastised (Florida labor leader W.E.) Sullivan for the recent defeat of a liberal Florida Congressman, stating that he could not ‘understand why labor in Florida did not make a better showing.’ If it had, Green argued, it would have had ‘a tremendous moral effect’ against the coming Right to Work amendment, though exactly how he did not say.”

Floridians would go on to approve the measure with about 55 percent of the vote. While the open shop would end up spreading to places like Nebraska, South Dakota and Iowa over the next three years, it was the South where the concept really took hold. By the end of the 1950s, nearly all of the southern states would have right-to-work legislation on the books.

A chance for change

Given that history, it may not come as much of a surprise that the political support for Virginia’s status as an open shop state has been bipartisan. The current governor, Terry McAuliffe, gave a speech to business leaders pledging his full-throated support for the law during his 2013 gubernatorial run and has stated that he would not seek to change it as governor.

This brings us to the Democratic gubernatorial primary this year, which features a race between Lt. Gov. Ralph Northam and former U.S. Rep. Tom Perriello.

Northam, a former state senator and erstwhile potential party-switcher, began the race as the favorite after Herring decided to forgo a run for governor and seek re-election as attorney general. He lined up the endorsement of McAuliffe as well as a fundraising advantage of about half a million dollars. Perriello, who upset arch-conservative U.S. Rep. Virgil Goode in the 2008 congressional election, has closed the gap by turning the election into a referendum on Donald Trump.

But here’s the reason why this election is so important to labor: Perriello has taken a strong stance against the open shop. In an article outlining his campaign’s “Plan For Working Families”, Perriello states that:

“Too often, workers in Virginia don’t get the protections they need to earn their rightful pay and maintain consistent hours. Wage theft, the denial of benefits, and reduced bargaining powers are all side effects of a long, sustained attack on workers’ rights in Virginia. Workers do better when they have strong unions, and the decline in union membership is a major reason why wages have effectively flat-lined since the 1970s. That’s why I oppose so-called ‘right to work’ laws that kneecap unions from helping workers bargain for higher wages.”

He has defended this stance in gubernatorial debates as well, noting that he would fight for a repeal of the law even though it is unlikely to pass through a General Assembly that is dominated by Republicans. Northam, on the other hand, has called for Democrats to focus on other labor issues such as sick leave and an increased minimum wage instead of “pick(ing) fights that we perhaps can’t win right now.”

Sick leave and a minimum wage increase are important, for sure, but without a strong labor movement, it is hard to get the popular groundswell needed to prod legislators to make positive moves on those issues, either. Democrats should be united in their opposition to a policy that drains resources from labor unions and seeks to undermine the growth and stability of the movement as a whole.

Another major victory for the labor movement in Virginia could have major implications for the AFL-CIO’s strategy in the South further down the line. We should ensure that such a big opportunity is not missed.

This article was originally published on Inthesetimes.com on June 12, 2017. Reprinted with permission.

About the Author: Douglas Williams is a doctoral student in political science at Wayne State University in Detroit, where his research centers around public policy, disadvantaged communities and the labor movement. He blogs at The South Lawn.

Hints of Progress for Labor in the United States

Friday, June 9th, 2017

With Donald Trump sitting in the White House and right-wing Republicans controlling Congress, there is not much for labor to cheer about on the American national political scene. In addition, the overall prospect for union organizing does not look very good. Republicans are pursuing policies at both the national and state level to further erode union membership. But with all the bad news, there have been some important victories at the state and local levels that can perhaps lay the groundwork for gains nationally in future years.

The most important of these battles has been the drive for an increase in the minimum wage. The national minimum wage has been set at $7.25 an hour since 2009. In the intervening eight years, inflation has reduced its purchasing power by almost 17%. Measured by purchasing power, the current national minimum wage is more than 25% below its 1968 peak. That is a substantial decline in living standards for the country’s lowest-paid workers.

However, the situation is even worse if we compare the minimum wage to productivity. From 1938, when a national minimum wage was first put in place, until 1968, it was raised in step with the average wage, which in turn tracked economy-wide productivity growth. If the minimum wage had continued to track productivity growth in the years since 1968, it would be almost $20 an hour today, more than two and a half times its current level. That would put it near the current median wage for men and close to the 60th percentile wage for women. This is a striking statement on how unevenly the gains from growth have been shared over the last half century.

The Obama administration tried unsuccessfully to make up some of this lost ground during his presidency. While it may have been possible in his first two years when the Democrats controlled Congress, higher priority was given to the stimulus, health care reform and financial reform. Once the Republicans regained control in 2010, increases in the minimum wage were off the table. Needless to say, it is unlikely (although not impossible) that the Trump administration will take the lead in pushing for a higher minimum wage any time soon.

Although the situation looks bleak nationally, there have been many successful efforts to increase the minimum wage in states and cities across the country in recent years. This effort has been led by unions, most importantly the Service Employees International Union (SEIU), whose “Fight for $15” campaign is pushing to make $15 an hour the nationwide minimum. The drive gained momentum with its endorsement by Bernie Sanders in his remarkable campaign for the Democratic presidential nomination last year. While Sanders was of course defeated for the nomination, his push for a $15 an hour minimum wage won the support of many voters. It is now a mainstream position within the national Democratic Party.

However, the action for the near term is at the state and local levels, where there have been many successes. There are now 29 states that have a minimum wage higher than the national minimum. The leader in this effort is California, which is now scheduled to have a $15 an hour minimum wage as of January 2022. With over 12% of the US population living there, this is a big deal. Washington State is not far behind, with the minimum wage scheduled to reach $13.50 an hour in January 2020. New York State’s minimum wage will rise to $12.50 an hour at the end of 2020 and will be indexed to inflation in subsequent years.

Several cities have also jumped ahead with higher minimum wages. San Francisco and Seattle, two centers of the tech economy, both are set to reach $15 an hour for city minimums by 2020. Many other cities, including New York, Chicago and St. Louis have also set minimum wages considerably higher than the federal and state levels.

What has been most impressive about these efforts to secure higher minimum wages is the widespread support they enjoy. This is not just an issue that appeals to the dwindling number of union members and progressive sympathizers. Polls consistently show that higher minimum wages have the support of people across the political spectrum. Even Republicans support raising the minimum wage, and often by a large margin.

As a result of this support, minimum wage drives have generally succeeded in ballot initiatives when state legislatures or local city councils were not willing to support higher minimums. The last minimum wage increase in Florida was put in place by a ballot initiative that passed in 2004, even as the state voted for George W. Bush for president. Missouri, which has not voted for a Democratic presidential candidate in this century, approved a ballot initiative for a higher minimum wage in 2006. South Dakota, Nebraska and Arkansas, all solidly Republican states, approved ballot initiatives for higher minimum wages in 2014. In short, this is an issue where the public clearly supports the progressive position.

These increases in state and local minimum wages have meant substantial improvements in the living standards of the affected populations. In many cases, families are earning 20-30% more than they would if the minimum wage had been left at the federal minimum.

In addition, several states, including California, have also put in place measures to give workers some amount of paid family leave and sick days. While workers in Europe have long taken such benefits for granted, most workers in the United States cannot count on receiving paid time off. This is especially true for less-educated and lower-paid workers. In fact, employers in most states do not have to grant unpaid time off and can fire a worker for taking a sick day for themselves or to care for a sick child. So the movement towards requiring paid time off is quite significant for many workers.

This progress should be noted when thinking about the political situation and the plight of working people in the United States, but there are also two important qualifications that need to be added. The first is that there are clearly limits to how far it is possible to go with minimum wage increases before the job losses offset the benefits. Recent research has shown that modest increases can be put in place with few or no job losses, but everyone recognizes that at some point higher minimum wages will lead to substantial job loss. A higher minimum wage relative to economy-wide productivity was feasible in the past because the US had a whole range of more labor-friendly policies in place. In the absence of these supporting policies, we cannot expect the lowest-paid workers to get the same share of the pie as they did half a century ago.

The other important qualification is the obvious one: higher minimum wages do not increase union membership. The SEIU, the AFL-CIO and the member unions that have supported the drive for a higher minimum wage have done so in the best tradition of enlightened unionism. They recognize that a higher minimum wage can benefit a substantial portion of their membership, since it sets a higher base from which they can negotiate upward. Of course, it is also a policy that benefits the working class as a whole. For this reason, unions collectively have devoted considerable resources to advancing the drive to raise the minimum wage.

However, this has put a real strain on their budgets at a time when anti-union efforts are reducing the number of dues-paying members in both the public and private sectors. This will make it more difficult to sustain the momentum for raising minimum wages and mandating employer benefits. For this reason, the good news on the minimum wage must be tempered. It is a rare bright spot for labor in the United States in the last decade, but it will be a struggle to sustain the momentum in the years ahead.

This blog was originally published at CEPR.net on June 7, 2017. Reprinted with permission.

About the Author:  Dean Baker co-founded CEPR in 1999. His areas of research include housing and macroeconomics, intellectual property, Social Security, Medicare and European labor markets. He is the author of several books, including Rigged: How Globalization and the Rules of the Modern Economy Were Structured to Make the Rich Richer. His blog, “Beat the Press,” provides commentary on economic reporting. He received his B.A. from Swarthmore College and his Ph.D. in Economics from the University of Michigan

Veteran Organizer Gives Inside Look at the First $15 Minimum Wage Campaign

Tuesday, June 6th, 2017

Back in 2011, as the Occupy Wall Street movement was still spreading through the country, a smaller standoff was unfolding at Sea-Tac, the international airport in the small, eponymous town between Seattle and Tacoma that serves both cities. Along with some of her coworkers, Zainab Aweis, a Somali Muslim shuttle driver for Hertz car rental, was on her way to take a break for prayer, when her manager stepped in front of the doorway.

“If you guys pray, you go home,” the manager said.

As devout Muslims, Aweis and her fellow staff were dedicated to praying five times a day. Because it only takes a few minutes, their employer had previously treated the prayers like smoke breaks—nothing to worry about. Suddenly, the workers were forced to choose between their faith and their jobs.

“I like the job,” Aweis thought, “but if I can’t pray, I don’t see the benefit.”

As she and others continued to pray, managers started suspending each Muslim worker who prayed on the clock, totaling 34.

The ensuing battle marked a flashpoint in what would eventually be the first successful $15 minimum wage campaign in the country. The story of these Hertz workers, and the many others who came together to improve their working conditions, is recounted in Beyond $15: Immigrant Workers, Faith Activists, and the Revival of the Labor Movement, a new book by Jonathan Rosenblum, a leading organizer of the campaign.

As the labor movement finds itself in a state of crisis, Beyond $15 is both a timely history of a bold campaign’s unlikely victory and an inspiring call for a flexible, progressive and power-building vision of labor organizing.

The decades-long decline of union power and the recent rise of anti-union legislation have made organizing workers in even the best of conditions an uphill battle. At Sea-Tac, one might have thought it impossible. While organizing even a single workplace is a challenge, Rosenblum and others were hoping to organize many. Decades of restructuring and union busting in the airline industry meant that many low-wage workers at Sea-Tac worked for various contractors rather than the airlines themselves. Though many of the employees worked alongside each other and shared grievances, they did not necessarily have the same boss.

Worse than that, Sea-Tac airport workers weren’t guaranteed most federal rights to union activity because those rights do not fully cover contractors or transportation workers. Due to an antiquated law called the Railway Labor Act (RLA), airport workers are all but prohibited from striking and so-called disruptive activity in the workplace. And, if all of that wasn’t bad enough, many of the workers wanted nothing to do with a union. Some had already had bad experiences with unions and did not trust them, while others were refugees who wanted no part in anything that might attract the government’s attention.

That Rosenblum and his colleagues were able to achieve victory under such circumstances, alone, makes Beyond $15 an instructive read. The book’s detailed portraits of organizers, workers and their actions are a testament to bold and creative maneuvers, which were executed so well that they made a seemingly invincible corporation feel threatened by a united front of cabin cleaners and shuttle drivers. Rosenblum’s coalition of faith leaders and a team of worker organizers, closely tied to the community, led picket drives on luggage carts, co-opted shareholder meetings with defiant prayers and songs, made a successful bid to demand union recognition and launched a citywide ballot initiative that narrowly beat its concerted conservative opposition (and I mean narrowly–the initiative passed by 77 votes, a 1 percent margin).

But more than just a collection of war stories, Rosenblum’s purpose in Beyond $15 is to persuade other advocates to follow his lead. The book uses Sea-Tac’s success to argue for a “social movement union” approach to organizing that grounds labor advocacy in moral terms, challenges the existing economic and political order and broadens the definition of union organizing to include a wide swath of community groups and faith leaders rather than union members alone.

“Today’s expectation among most union leaders …. is that the organization providing the most dollars and staff get to call the shots,” Rosenblum writes. “But community allies bring other assets, like relationships, credibility, or cultural competence, which can’t be measured monetarily but are just as vital.”

To be sure, Rosenblum’s vision for labor organizing is not exactly new. Many progressive union leaders, particularly younger ones, would find his recommended principles obvious. Even the most powerful and ostensibly hierarchical union leaders would likely agree with many of his points. And while this kind of progressive vision is important, there are practical conundrums that cannot be resolved by Rosenblum’s call to “aim higher, reach wider, build deeper”—namely, a history of industrial segmentation, automation and the large number of workers in sectors where traditional models of union organizing simply aren’t feasible. Even when union heads fully prioritize grassroots organizing, coalition building and collaborating with faith leaders, as AFL-CIO head John Sweeney did in the 1990s, this strategy is not a panacea.

With Republican control of every branch of government, the rising popularity of “right-to-work” legislation and the increasing number of preemption bills that allow conservative states to nullify laws like the one passed at Sea-Tac, these challenges are only multiplying. It’s with that in mind that Beyond $15 may be exactly the inspirational fodder that organizers need. There may not be an easy fix for the tensions between grassroots organizing and newer forms of worker advocacy, but Rosenblum can attest that the problem need not be resolved to plod ahead. As he shows in his book, progressive organizing and coalition building can work alongside ballot initiatives and big unions, and victories can still be won—now.

 This article was originally published at Inthesetimes.com on June 2, 2017. Reprinted with permission. 
About the Author: Jonathan Timm is a freelance reporter who specializes in labor and gender issues. Follow him on Twitter @jdrtimm.

Civil Rights and Labor: Two Movements, One Goal

Tuesday, May 30th, 2017

“A community is democratic only when the humblest and weakest person can enjoy the highest civil, economic and social rights that the biggest and most powerful possess.”

— A. Philip Randolph
One of our most celebrated labor leaders, A. Philip Randolph, an organizer of the 1963 March on Washington, knew the connection between the labor movement and the civil rights movement was key to a truly inclusive democracy. He stood for access at the ballot box as well as to economic security—ideally through a good job with decent benefits and a union. Today, we find ourselves back in a place where our civil, economic, political and social rights are under constant attack. The violence we see against black youth—the heart-wrenching killing of Trayvon Martin, the homicide of Jordan Davis–the passage of “right to work” laws in states like Michigan, Missouri and Iowa that have deeply racist and divisive roots, and the constant attack on immigrant communities by the current administration affirm we still have work to do.

As trade unionists, labor leaders, parents and civil rights activists, we have dedicated our time, talent and resources to advancing the agenda for people who are simply working for a better life. We believe there has never been a more critical point in our nation’s history when it is so crucial for us to reconnect deeply the movement for working people with the movement for civil and human rights. We cannot forget that the March on Washington was about freedom, economic equity and good jobs. The intersection of human rights, civil rights and workers’ rights has always been a part of our struggles for independent power both here and abroad. We must continue to uplift those movements in an intersectional way to ensure we are able to win justice at the workplace and the ballot box to make a difference for those we serve.

This summer, one of the oldest and largest civil and human rights organizations, the NAACP, will come to the city of Baltimore for its annual convention. The NAACP has stood as a coalition partner to the labor movement since 1909. There are many organizations we as a movement value and partner with through shared program and the NAACP remains one of those core allies, despite the shifts that happen in the world around us. We have great leadership within both the labor movement and the NAACP. We have seen how powerful it is when leaders like AFT’s Lorretta Johnson stand shoulder to shoulder with the Rev. William Barber, leader of the NAACP North Carolina State Conference. We know our journey together must continue as we fight to assure that “the humblest and weakest person can enjoy the highest civil, economic and social rights that the biggest and most powerful possess.”

We must expand our vision by creating solidarity without borders so that working people will be treated with the respect we are due. Thus our history and our very purpose demand that we be in the forefront of the struggle to assure first-class citizenship to all people, of all colors, and all creeds without regard to sex, sexual orientation or gender identity. Our struggles are one; our hopes are one; our dreams are one. The past is not dead, it’s not even past.

This blog was originally published at AFL-CIO on May 25, 2017. Reprinted with permission.

About the Authors: James Settles Jr., also known as Jimmy, serves as a vice president and member of the Executive Board at the UAW. He is a national board member and Labor Committee vice-chair of the NAACP. Robin Williams serves as the national vice president of the United Food and Commercial Workers (UFCW). She is a national board member and Labor Committee vice-chair of the NAACP. Richard Womack Sr. is the emeritus assistant to the AFL-CIO president and former director of the AFL-CIO Civil, Human and Women’s Rights Department. He is a national board member and Labor Committee chair of the NAACP.

This week in the war on workers: Teacher pay is falling behind

Tuesday, August 16th, 2016

Laura ClawsonOh, those overpaid teachers:

  • Average weekly wages (inflation adjusted) of public-sector teachers decreased $30 per week from 1996 to 2015, from $1,122 to $1,092 (in 2015 dollars). In contrast, weekly wages of all college graduates rose from $1,292 to $1,416 over this period.
  • For all public-sector teachers, the relative wage gap (regression adjusted for education, experience, and other factors) has grown substantially since the mid-1990s: It was ?1.8 percent in 1994 and grew to a record ?17.0 percent in 2015.

Pay is just one symptom of a broader problem in how teachers are valued, though. Increasingly—promoted by standardized testing-driven education and the corporate education policy movement—teachers aren’t respected as professionals, as experts on what goes on in their classrooms. That shows up in pay levels but it also shows up in anti-teacher rhetoric and in curricula that force them to paint by numbers rather than exercising independent judgment.

  • Richard Trumka has done a wide-ranging interview with Bloomberg’s Josh Eidelson. There’s lots there, including this on how to see union density rise again:

We went from being totally embedded in the community to being isolated and hunkering down and trying to hold on to what we had. Now we’re back, embedded in the community. And when we’re embedded in the community, unionism starts to flourish and grow, and you can’t be assailed, because you can’t assail the entire community and still survive. Scott Walker, who gives Wisconsin’s surplus away to corporations, now has a deficit and says, “See these workers? It’s their fault.” He won’t be able to get away with that, because we’re so ingrained in the community.

Pablo worked in the fields of Virginia for 18 years. Then in 2009, he was sent to work in North Carolina, an experience he will never forget. “The grower was violent,” he recalls, “he screamed at us, and everyone was afraid of him.” It was common knowledge that the grower kept a gun in his truck, and while he never openly threatened anyone with it, the message was clear: do your work and don’t complain.

This article originally appeared at DailyKOS.com on August 13, 2016. Reprinted with permission.

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

This week in the war on workers: Five million workers a step closer to overtime pay

Tuesday, March 22nd, 2016

President Obama’s long-awaited increase in overtime pay eligibility has taken the next step to being a reality—a reality that would mean five million American workers would get overtime pay if they worked extra hours:

The Department of Labor (DOL) has sent its finalized changes to the rule expanding who is covered by overtime laws to the Office of Management and Budget (OMB), ThinkProgress has learned, one of the final steps before it can take effect.

President Obama announced an executive order in early 2014 to update the labor regulations that require employers to pay time and a half for working more than 40 hours a week. It took a bit more than a year, but in June of 2015 the DOL announced its proposed rule to increase the salary threshold to $50,440, more than doubling it from where it stands now, thus ensuring that anyone who makes that much or less will be covered. It also proposed updating other exemptions to narrow how many people could be denied overtime because they qualify as highly compensated or as an executive or professional worker. […]

But by releasing the final rule now, the DOL avoids the risk that it would get delayed even further by a Congressional “resolution of disapproval,” which would be an option after May 18. Once the rule is approved by OMB, it will likely go back to the DOL to be put into effect.

Affected workers will either get the same pay and more free time, or work the same hours and get more pay. And affected companies will lose a way to exploit their workers.

This blog originally appeared in dailykos.com on March 19, 2016. Reprinted with permission.

Laura Clawson has been a Daily Kos contributing editor since December 2006 and Labor editor since 2011.

Where Would Obama’s Supreme Court Nominee Merrick Garland Stand on Labor Issues?

Monday, March 21st, 2016

Despite hardline Senate Republican opposition to meeting with, let alone voting on, any potential replacement for recently deceased Supreme Court Justice Antonin Scalia, on Tuesday, President Obama nominated Chief Judge Merrick Garland of the U.S. Court of Appeals in Washington, D.C., to fill the vacancy left by Justice Antonin Scalia after his recent, unexpected death.

Garland is a highly qualified, well-respected judge, first appointed in 1997 by President Bill Clinton to the D.C. Circuit Court and confirmed by a vote of 76 to 23 in the Senate. Garland has been under consideration for a seat on the Supreme Court previously; he has a reputation for judicial restraint (quite unlike Scalia’s highly ideological attempt to use the Supreme Court to re-write the nation’s law).

It’s hard to give him a clear political label, but Garland does not seem to be as progressive on workers’ rights issues as Scalia was reactionary. In 2010 Tom Goldstein, publisher of SCOTUSblog, wrote that Garland was “essentially the model, neutral judge. He is acknowledged by all to be brilliant. His opinions avoid unnecessary, sweeping pronouncements.” On criminal law (and cases involving Guantanamo detainees), Goldstein wrote, Garland leaned a bit conservative, on first amendment, environmental and “open government” issues, a bit liberal. One consistent thread seems to be deference towards regulatory agencies, letting them make decisions without the Supreme Court always second-guessing or rewriting the law.

That sentiment may be important for labor issues before the Supreme Court, which has frequently acted to restrain the National Labor Relations Board and crimp worker rights in decades past. Scalia’s vote was crucial in the many 5-4 decisions by the Supreme Court that weakened rights and protections for American workers. His death, for example, seemed to have eliminated (for the moment) a likely 5-4 court decision in the Friedrichs case, which would have prevented public employee unions from charging non-members of the union a fee that paid for the benefits of union bargaining and grievance representation that union by law must provide.

But as Catherine Fisk notes in On Labor, the large number of 5-4 cases on labor issues suggests that “the importance of confirming a progressive is enormous,” both for future cases and potential review and overturn of earlier decisions.

Even if Garland is not a full-fledged “progressive,” his votes on NLRB cases involve more than deference to regulatory agencies,according to Hannah Belitz. In the four cases in which Garland did not agree to defer entirely to the NLRB, she wrote, Garland upheld pro-labor and voted to overturn pro-employer positions, leading her to describe him as having “an outlook that is generally favorable to union activity.”  But deference to the NLRB does not always imply support for workers.

AFL-CIO president Richard Trumka, Service Employees International Union (SEIU) president Mary Kay Henry and UAW president Dennis Williams were labor leaders who quickly welcomed the nomination and urged speedy consideration of Garland’s nomination. Trumka, a coal miner and lawyer before his labor career, praised his “impeccable credentials and deep experience.” Henry, whose union is not part of the AFL-CIO, said he would be

a good choice for working families. His record shows that he believes in the duty of government to protect regular Americans, and our democracy, from being corrupted by the excesses of the super wealthy and their corporate agenda. He has shown that he respects the opinion of the National Labor Relations Board…, and he has upheld disclosure requirements to keep a check on the outsized influence ‘dark money’ has on our government.

Garland appears to be a judge who is pretty nonpartisan in his rulings, caught in a moment of extreme political combat that threatens the public good and could reinforce many politicians’ lack of credibility. Sen. Orrin Hatch (R-UT), the senior Republican on the Senate Judiciary committee last week argued that President Obama should nominate Merrick Garland, “a fine man,” but the president won’t because he would have to satisfy his base with a liberal appointee.  Will Hatch now vote down a “fine man” to stymie a president he does not like?

This blog originally appeared in aflcio.org on March 17, 2016. Reprinted with permission.

David Moberg, a senior editor of In These Times, has been on the staff of the magazine since it began publishing in 1976. Before joining In These Times, he completed his work for a Ph.D. in anthropology at the University of Chicago and worked for Newsweek. He has received fellowships from the John D. and Catherine T. MacArthur Foundation and the Nation Institute for research on the new global economy. He can be reached at davidmoberg@inthesetimes.com.

Why Virginia’s Open Shop Referendum Should Matter to the Entire American Labor Movement in 2016

Thursday, March 17th, 2016

The douglas williamsmost important election in Virginia this year has no candidates on the ballot.

On February 2nd, the Republican-dominated General Assembly passed the two-session threshold needed to put the open shop before the Commonwealth’s voters in November. You might be asking yourself, “Wait. I thought that Virginia was already an open-shop state?” Your inclinations would be correct: legislation barring union membership as a condition of employment was signed into law by Gov. William Tuck (a later adherent to Massive Resistance in response to Brown v. Board of Educationas a member of Congress) in 1947. As a result, Section 40.1-58 of the Code of Virginia reads:

It is hereby declared to be the public policy of Virginia that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.

So why do this? The easy answer is that Virginia Republicans are fearful that, should the open shop meet a legal challenge in state court, Democratic Attorney General Mark Herring would not seek to defend it. The sponsor of the bill and defeated 2013 nominee for Attorney General, State Sen. Mark Obenshain (R-Harrisonburg), stated as much in the deliberations on the bill. In addition, should the Assembly find itself in pro-labor hands in the future, they could overturn the open shop with a simple majority vote. Never mind that the extreme amounts of gerrymandering in the Assembly (particularly in the House of Delegates) makes a unified Democratic state government unlikely for decades to come.

The vote this November will be the first popular referendum on the open shop since 54 percent of Oklahoma voters approved State Question 695 on September 25, 2001. In this, an opportunity presents itself to the labor movement in this country, and it is one that labor unions must take.

In the fifteen years since the Oklahoma referendum, every open-shop law has been passed through state legislatures. This, of course, advantages corporations and anti-worker conservatives as they can flood state capitols with their donations and their lobbyists at a relative distance from public scrutiny. Combined with the gerrymandering described above which ensures that an anti-worker vote will not result in the loss of an election, the deck is often stacked far too high for labor advocates to overcome. The only hope for those who live in the thirty states with a Republican legislature is the presence of a pro-labor governor and legislative procedures that require a higher threshold than a simple majority to override a veto.

West Virginia workers just found out what happens when you have the formerbut not the latter.

There are demographic reasons to feel good about this campaign: 18-34-year olds are the generation most supportive of labor unions, and Black workers have both been more supportive and more eager joiners of labor unions than their white counterparts. Virginia has been a prime destination for young people over the last couple of decades due to the economic boom occurring in Northern Virginia, and the state has always had a large number of Black residents.

But the campaign against the open shop this fall cannot rely on demographics to save it. Given the opportunity that labor unions have with this referendum, the goal should not simply be to win: it should be a realignment of the conversation surrounding the role in labor unions in Virginia’s—and America’s—political economy.

There have been many issues stemming from the precipitous decline in union density in this country. The stagnation of working people’s wages, widening inequality, and a sense of alienation and disillusionment amongst the working class can all be tied back to the decline of organized labor in the United States.

But there’s another thing that declining union membership has produced, and it is, perhaps, the greatest victory of all for capitalism: the sense that, rather than being a representative of America’s working class, unions are no different from any other interest group. Former Vermont Gov. Howard Dean sought to mobilize this sentiment recently in support of Hillary Clinton’s presidential campaign when he stated that “[Democrats] don’t go after” political donations from labor unions because “labor unions are Super-PACs that Democrats like”.

(It should be noted, of course, that the only union that has spent any significant money on Bernie Sanders’s behalf is National Nurses United. It appears that only Hillary Clinton will protect us from Big Nursing and the Caregiver-Industrial Complex.)

Part of this has been on the labor movement: too much money, time, and energy has been devoted to electing Democrats at all costs to federal office, even when they are absolutely terrible. But most of it has been a concerted effort by neoliberals in both parties to erode unions’ once formidable approval ratings by associating them with the most unsavory parts of the legislative process. How unsavory? In 2013, Gallup polled Americans on the honesty of several professions. Those who engage in lobbying, a key part of the legislative and policymaking work that any interest group engages in, were at the bottom with a six percent approval rating. By comparison, an August 2015 Gallup poll saw 58 percent of Americans approving of labor unions, with 37 percent believing that they should have more influence.

By making labor unions a creature of politics, working-class Americans begin to process the information that they receive about unions the same way that they receive other forms of political information: in a partisan manner. In his 2013 book The Partisan Sort, University of Pennsylvania political science professor Matthew Levendusky states that:

[W]hen a respondent moves from unsorted to sorted, he is much more likely to move his ideological beliefs into alignment with his partisanship than the reverse, strongly suggesting that party is the key causal variable.

Therefore, when working-class Republicans think about labor unions, they are less likely to consider the fact that union members make 21 percent more than non-union members or that 29 percent more civilian workers have access to retirement plans if they are a member of a labor union. No, they are more likely to think about Democrats receiving 89 percent of the donations given out by unions in 2014. The fact that the last two Democratic presidents have supported trade deals that acted as accelerants on the continued deindustrialization of America certainly does not help matters at all.

But the labor movement has been given a golden opportunity in 2016, and it is one that should not be passed up: the opportunity to engage in the largest labor education program that this country has ever seen.

Over the next eight-and-a-half months, unions should be running ads that focus on the specifics that so many American labor ads skirt around.

  1. We can tell people that it is illegal for union dues to go towards political action at the federal level. While dues money can go towards political spending at the local and state levels, their dues mostly pay for representation, access to the industry-specific research needed to make negotiations more fruitful, and strike funds to support workers when their meeting their demands requires direct action.
  2. We can tell people about the union difference in wages, benefits, and retirement.
  3. But even more important than that, we can talk about the ways that labor unions benefit the communities in which they exist. Not just through increased spending in local businesses, but also through programs that benefit a community’s most vulnerable.

That last point is important, because it is how we will begin to develop the culture of unionism that we so desperately need in the South. It is important to ensure that the positive feeling that today’s youth have towards labor unions does not turn into anti-labor sentiment through a lifetime of one-way conversation dominated by capitalists and their PR lap dogs like Rick Berman.

But for this to be successful, all hands must be on deck. Virginia is one of a couple of states where such a measure could be defeated at the ballot box (the other, for my money anyways, being Kentucky), and it must be. Defeating this referendum must become the labor movement’s number one priority in 2016, even more so than the presidential election. In the piece I wrote about labor’s engagement in party politics, I stated:

If the labor movement must invest in politics, it would be wisest to do so at the community/local/state level. It is there, our ‘laboratories of public policy’, where the labor movement can have the most positive impact on the lives of working people.

There is no time like the present for the labor movement to take this advice to heart.

This article originally appeared on inthesetimes.com on March 3, 2016.  Reprinted with permission.

Douglas Williams is a Ph.D. student in political science at the University of Alabama, researching the labor movement and labor policy. He blogs at The South Lawn.

Now Vietnam Thumbs Nose At TPP’s Unenforceable Labor Provisions

Saturday, November 28th, 2015

Dave JohnsonVietnam is already snubbing the unenforceable labor provisions in the Trans-Pacific Partnership (TPP).

Voice of America reports, in “Vietnam Beating Case Highlights TPP Labor Rights Issue“:

A Vietnamese labor activist has accused authorities of beating and detaining her after she talked with fired workers in southern Long An province.

Long-time labor rights advocate Do Thi Minh Hanh, once imprisoned for helping organize labor strikes, said she was held Monday for “13 hours without being given any reasons.”

… Hanh, co-founder of Free Viet Labor Federation, and another activist, Truong Minh Duc, said they came to give support and advice to dozens of workers who maintained they had been unlawfully fired by a foreign-owned company.

What is going on here?

Brad Adams, Asia director of Human Rights Watch, said last week that Vietnam appeared to “play nice during TPP negotiations, but now that the agreement has been signed, it is taking steps to tighten government control over critics.”

Right. Now that the unenforceable agreement has been signed, there is no need to “play nice.”

To be fair, Vietnam is raising their minimum wage,

The monthly minimum wage for Zone 1 will increase from the current VND3.1 million ($138) to VND3.5 million ($155.8), and that of Zone 2 will rise from VND2.75 million ($122.4) to VND3.1 million.

For Zones 3 and 4, the monthly minimum wages will go up from VND2.4 million ($106.8) and VND2.15 million ($95.7) to VND2.7 ($120.2) million and VND2.4 million, respectively.

Got that? After the raise workers in Vietnam will be starting at $155 a month. That’s as little as $6.45 a day for Vietnamese working the standard six-day, 48-hour workweek. And that’s the top minimum. Others will be getting $95.70 a month, as little as $3.99 a day.

So you have “foreign-owned companies” illegally firing workers who will be making less than $7 a day. Workers are harassed, arrested and beaten if they try to do something to improve their lives.

And TPP is being sold as a “job creator” here in the U.S. Right.

Unenforceable Labor, Environment, Other Provisions

TPP has special provisions for enforcement of provisions that benefit corporations, while the already weak labor, environmental and other provisions that protect other “stakeholders” get no special enforcement mechanisms. Corporations can bring their own cases to a special corporate court that sits above governments, where corporate attorneys adjudicate. But violations of TPP’s labor, environmental and other provisions depend on governments to decide to bring the cases. And these cases do not go before panels friendly to labor or environment or other aggrieved parties. Our own government won’t even enforce labor rules inside our own country, never mind filing trade cases.

Slavery In Malaysia Ignored So TPP Can Pass

To make matters worse, the “fast track” trade promotion authority clearly specifies that the U.S. cannot enter into a trade agreement with countries designated as participating in human trafficking (slavery). Malaysia was designated as a human trafficking country. So to grease the skids for TPP our own government reclassified Malaysia, even though Malaysia had changed nothing. A Reuters investigation reported that the State Department downgraded Malaysia for political reasons. House Democrats and “stakeholder” groups are demanding an investigation.

A more recent Reuters report, “As Obama heads to Malaysia, human trafficking stance questioned,” describes what Malaysia’s trafficking victims endure,

…he was cooped up in a filthy, overcrowded detention center near Kuala Lumpur’s international airport, squatting or sleeping on the floor in a hall with scores of other men. During his fourth month, wardens ordered them not to move or talk, he says, and beat them with belts if they did.

“There was no rest. You couldn’t sit or lie down without touching someone else,” he said, pointing to a welt on his forearm that he says he received when a guard beat him for arguing with another detainee over space.

This Reuters report describes the Obama State Department’s changes to Malaysia’s trafficking status,

… senior officials instead in July upgraded Malaysia to the Tier 2 Watch List, freeing the country from potential sanctions and international condemnation, and paving the way for the ambitious 12-nation Trans-Pacific Partnership trade agreement. If Malaysia remained a Tier 3 country, the Obama administration would have had to exclude it from the deal under the fast-track negotiating authority it had from Congress, potentially torpedoing the agreement.

Starkly worded criticism of Malaysia was excised from the final report, according to internal documents seen by Reuters that have not been previously made public.

… The analysts were overruled by senior American diplomats at the State Department, according to sources with direct knowledge of how the report was compiled. By the time the report was published, much of the tougher criticism of Malaysia’s detention facilities was removed.

I discussed this in a “Malaysian Slavery & the TPP” segment of “The Zero Hour with RJ Eskow” last August.

P.S., Japan recently announced it will ignore the unenforceable currency side-agreement. This means companies making things in the U.S. will be put at a competitive disadvantage against companies making things in Japan.

This blog originally appeared in Ourfuture.org on November 25, 2015. Reprinted with permission.

About the Author: 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.

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