Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Laura Clawson’

Democrats push to limit abusive work scheduling practices like split shifts

Wednesday, July 22nd, 2015

Laura ClawsonLow hourly wages aren’t the only thing that keep workers in the fast food and retail industries struggling. Scheduling matters, too. These days it’s common for workers to not know their schedules more than a week ahead; to be on call, ready to go to work with no notice, but not guaranteed any pay; for their hours (and therefore their paychecks) to vary enormously month to month; or to be forced to work split shifts, with a few hours of work in the morning and a few hours at the end of the day. All of this doesn’t just affect paychecks, it makes it difficult for workers to raise their incomes by getting a second job, and it costs them as they try to line up child care for unpredictable schedules. Democrats, led by Sens. Elizabeth Warren, Patty Murray, and Chris Murphy and Reps. Rosa DeLauro and Bobby Scott, have a bill to fix that, or at least start to fix it: the Schedules That Work Act.

The bill:

Protects Workers who Ask for Schedule Changes
All employees of companies with more than 15 workers will have the right to request changes in their schedules without fear of retaliation. Employers would be required to consider and respond to all schedule requests, and, when a worker’s request is made because of a health condition, child or elder care, a second job, continued education, or job training, the employer would be required to grant the request unless a legitimate business reason precludes it.Incentivizes Predictable and Stable Schedules in Occupations with Known Scheduling Abuses
Employees in food service, cleaning, and retail occupations—as well as additional occupations with documented scheduling abuses designated by the Secretary of Labor—will now get their work schedules two weeks in advance and will receive additional pay when they are put “on-call” without any guarantee that work will be available; report to work only to be sent home early; are scheduled for a “split shift;” or receive changes to their schedule with less than 24 hours notice.

There are two things to note about this: First, it’s the kind of bill Democrats wouldn’t be proposing without worker activism drawing attention to the problem. Second, it’s the kind of bill Republicans will never pass, so for workers to have these protections, we need to elect Democrats.

This blog was originally posted on Daily Kos on July 16, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura has been a Daily Kos contributing editor since December 2006  and Labor editor since 2011.

This week in the war on workers: New Balance presses the Pentagon to move on US-made sneakers

Wednesday, July 15th, 2015

Laura ClawsonBuying American-made products is a good way to support jobs. If you’re looking for American-made shoes, New Balance is one of your major options. And the shoe company is pushing the U.S. military on that:

Massachusetts-based shoe company New Balance says that the military is dragging its feet on a promise it made to outfit soldiers with American-made shoes.  The promise came in April of 2014 when the military announced it would honor the Berry Amendment, a 1941 law requiring the Department of Defense (DoD) to give priority to American goods.  The Department of Defense had previously argued that sneakers were not part of the official uniform and therefore not subject to the Berry amendment.More than a year later it seems little progress has been made. New Balance claims retaliation while the military claims the transition is moving at an acceptable speed. Other apparel companies who have done business with the DoD have come to the military’s defense using the backhanded compliment that they really do move that slow.

(That second paragraph seems like it belongs in a “this week in weak defenses” round up.) Sneakers by New Balance are undergoing an extensive testing process now; Saucony says it’s working on a sneaker that might ultimately be used by the military.

This blog was originally posted on Daily Kos on July 11, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura has been a Daily Kos contributing editor since December 2006 and Labor editor since 2011.

This week in the war on workers: Massachusetts home care workers win $15 pay

Monday, June 29th, 2015

Laura ClawsonThe Fight for 15 has another win. Home healthcare workers, who are represented by SEIU, will get a raise to $15 by July 2018, up from a current pay rate of $13.38, with a raise of 30 cents an hour effective next week. The more than 35,000 workers care for elderly and disabled people on Medicaid, helping them bathe, running errands for them, and other tasks that help people live in their homes.

Personal care attendant Rosario Cabrera, 31, of New Bedford, said the raise means she will be able to pay her bills on time, provide for her two children, and maybe even take a vacation. Cabrera works seven days a week caring for two elderly women in their homes, and even with the money her husband makes as a machine operator, her family struggles to get by.“I’m proud of what I do because I’m helping another human being life their life,” she said. “But it’s not fair if I can’t live my life.”

Home care work is one of the fastest-growing and lowest-paid industries in the country. But Massachusetts shows that doesn’t have to be the way it is.

The minimum wage in Massachusetts is on its way to $11 in 2017 (it is now $9 an hour) and a paid sick leave law kicks in next week. Obviously that hasn’t blunted the momentum in the state to do even better for workers in low-wage industries. And note that the governor with whose administration the home care workers deal was negotiated is a Republican.

This blog was originally posted on Daily Kos on June 27, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura has been a Daily Kos contributing editor since December 2006 and a Labor editor since 2011.

Low-wage industry tries to fearmonger on overtime pay, fails

Wednesday, June 17th, 2015

Laura ClawsonThe Obama administration will soon unveil its new overtime pay rules, which will mean that millions of additional workers will get overtime pay when they work more than 40 hours a week. Many low-wage employers are obviously upset about this—they’ve been using the weak overtime rules to make salaried employees work more than 40 hours a week for no extra pay, and they like it that way. Industry groups have been trying to make the case for keeping the overtime eligibility level low—it’s currently less than $24,000 a year—but the Economic Policy Institute’s Ross Eisenbrey shows just how weak those arguments are, taking a National Retail Federation report to the woodshed:

If the threshold is raised to $42,000, the NRF predicts significant changes in retail employment: while some employers will raise salaries for employees near the threshold to guarantee that they continue to be excluded from overtime protection, many salaried employees (some of whom work 60-70 hours a week for no extra pay) will have their hours reduced and as a result, 76,000 new jobs will be created averaging 30 hours per week. Altogether, half of the retail workforce that is currently excluded from coverage will be guaranteed coverage by the law’s overtime protections. That all sounds pretty good to me.The NRF’s projections are intended to be critical of the Labor Department’s rules update, but I have a hard time seeing why it would be a bad thing to create 76,000 new retail jobs, given that 8.6 million Americans are currently unemployed. Moreover, if I were a poorly paid bookkeeper or clerk in a department store, working 60 hours a week and getting paid no more than if I worked 40 hours, I’d be happy to see my hours cut and the extra work shifted to hourly employees.

Eisenbrey also points out that the NRF report suggests that the lobby group doesn’t think its members are following existing law: One of the requirements to exempt workers from overtime eligibility is that a worker have a managerial role, but the NRF report lists many traditionally non-managerial jobs such as bookkeepers, clerks, and secretaries as exempt from overtime.

Raises for some, fewer hours of work for others, and job creation. Gosh, those are some terrifying predictions for changes in overtime rules.

This blog was originally posted on Daily Kos on June 15, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura Clawson has been a Daily Kos contributing editor since December 2006 and a Labor editor since 2011.

This week in the war on workers: Did Kevin Johnson destroy black mayors group over charter schools?

Tuesday, June 2nd, 2015

Laura Clawson All-Star NBA point guard Kevin Johnson is now the mayor of Sacramento, California—and the destroyer of the 40-year-old National Conference of Black Mayors. At Deadspin, Dave McKenna details how Johnson first tried to take over the group, and then, when that failed, went to war against it while starting his own black mayors group, the African American Mayors Association. So why am I writing about this as a labor issue? Because Johnson, who is married to corporate education reform star Michelle Rhee, was trying to use the NCBM to promote charter schools:

[East Orange, New Jersey, Mayor Robert] Bowser says that Johnson, before his coup, had proposed a resolution saying NCBM endorsed the charter-school movement.“We took a vote and said, ‘Hell no!’ to his resolution,” Bowser says. “The black mayors are not buying the charter schools, period.”

During his takeover attempt of the NCBM, Johnson also tried to turn a civil rights event, the commemoration of the 16th Street Baptist Church bombing, into a charter-boosting event.

Then there’s Ballard Spahr. During the takeover, Valarie J. Allen, a partner in Ballard Spahr’s Philadelphia offices, sent a missive to the NCBM’s general counsel, Sue Winchester, threatening to report her to “the California Bar” if she didn’t comply with Johnson’s dictates. It turns out that Allen’s prime role with the firm is to run its charter school portfolio. And that’s a big job. “In the past 10 years, Ballard Spahr has helped more than 60 charter schools … secure more than $676 million in tax-exempt bond funding,” reads the sales pitch Allen makes to charter schools operators on the firm’s website. Allen goes on to boast that Ballard Spahr handles “more than 10 percent” of all charter-school financing nationwide.

Surprise, surprise, Johnson’s new African American Mayors Association is holding a charter-dominated education panel at its convention this year.

This blog was originally posted on Daily Kos on May 30, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura Clawson has been a Daily Kos contributing editor since December 2006. She has been a Labor editor since 2011.

New York manicurists to get emergency protections against wage theft, hazardous chemicals

Wednesday, May 13th, 2015

Laura ClawsonTalk about journalism with an immediate impact. Last week’s New York Times investigation of labor law violations and unhealthy working conditions for manicurists in the city’s nail salons has spurred Gov. Andrew Cuomo to take sweeping emergency action:

Nail salons that do not comply with orders to pay workers back wages, or are unlicensed, will be shut down. […]Salons will be required to publicly post signs that inform workers of their rights, including the fact that it is illegal to work without wages or to pay money for a job — a common practice in the nail salon industry, according to workers and owners. The signs will be in half a dozen languages, including those most spoken in the industry — Korean, Chinese and Spanish. […]

Salons will now be required to be bonded — which is intended to ensure, through a contract with a bonding agency, that workers can eventually be paid if salon owners are found to have underpaid the workers. The move is an attempt to counteract the phenomenon of salon owners’ hiding assets when they are found guilty of wage theft.

Additionally, health and safety measures will be put in place, like requiring manicurists to wear gloves and masks and salons to be ventilated, while the Health Department will investigate the most effective health protections to incorporate into what will eventually be permanent policies replacing the short-term emergency measures.

Some of the abuses Sarah Maslin Nir’s investigation into New York City nail salons exposed may be especially prevalent in New York, where there are more nail salons per capita than in any other American city and where manicures cost below the national average. That might, for instance, make wage theft more common and more aggressive than in other locations—but that doesn’t mean it’s not happening in California and Illinois and Massachusetts, too, and states should take this as a spur to inspect their own nail salons. And the health hazards manicurists face similarly deserve a good hard look by state regulators. Customers might end up paying a couple dollars more for a mani-pedi, but we’re talking about workers’ lives here, and their ability to collect the pay they’ve legally earned.

This blog was originally posted on Daily Kos on May 9, 2015. Reprinted with permission.

About the author: The author’s name is Laura Clawson. Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011.

Obama is a step closer to expanding overtime, but for how many American workers?

Tuesday, May 5th, 2015

Laura ClawsonThe Labor Department is moving ahead with President Obama’s eagerly awaited overtime pay expansion. That’s good news, but we don’t know yet how good. Currently, workers who make as little as $24,000 a year can be denied time-and-a-half if they’re considered managers—even if most of the work they do isn’t managerial. Obama has promised to raise that threshold to cover more salaried workers, but hasn’t said how high it will go, and the fact that the Labor Department has finalized a plan doesn’t change that. Yet:

The full proposal is now under review by OMB officials and won’t be made public for at least several weeks. After it is published, there will be a review period during which interested parties can comment on the proposed rule. The details of the rule are eagerly awaited by employers and worker advocates — not to mention overworked Americans — since they will ultimately determine who receives time-and-a-half pay when they work more than 40 hours in a week.

Just 11 percent of salaried workers qualify for overtime under the current rules. To cover the same proportion of workers who were eligible for overtime in 1975, the threshold would have to be raised from $23,660 to $69,004 ($58,344 if you adjust for increased education). To adjust for inflation since 1975, the number would be $51,168. Any increase will be an improvement that means overtime eligibility for millions more workers—meaning employers can’t save on wages by hiring salaried “managers” and expecting them to stock shelves 10 hours a day—but here’s hoping the Obama administration has chosen a number that will get us back to 1975 by one measure or another.

This blog originally appeared in Daily Kos Labor on May 5, 2015. Reprinted with permission.

About the Author: Author’s name is Laura Clawson. Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011.

Want healthy workers who don't steal? Give them paid sick leave and pay them well.

Wednesday, August 1st, 2012

Laura ClawsonIf you needed evidence that it’s better when businesses treat their employees better, here are two pieces: One new study finds that people who have paid sick leave are less likely to be injured on the job and another study finds that convenience store workers steal less when they’re paid better.

In the first study, Center for Disease Control researchers found that workers with paid sick leave were 28 percent less likely to report workplace injuries requiring medical attention, and “Workers in jobs with a high baseline risk for injury—such as construction or manufacturing—appeared to benefit more from having access to paid sick leave.”

The study doesn’t delve into the several ways this could work. Maybe people who have paid sick days are less likely to go to work when illness makes them more likely to fall or be careless. Or maybe there are other factors that come into play, like union membership or occupational safety programs. But that hardly weakens the take-away of the study. If unions bargain for paid sick leave and improved safety standards, making their members both more likely to have paid sick leave and less likely to be injured on the job, then we may better understand the association between sick leave and occupational injuries, but it doesn’t weaken that association. It’s the same if non-union workplaces that have paid sick leave also tend to have solid safety procedures in place, leading to fewer injuries. Whether one is the cause of the other or whether they both are likely to come as a result of responsible employment practices, a concrete benefit for workers—paid sick leave—is associated with another benefit—fewer injuries.

The second study found that convenience stores that pay workers well relative to workers in similar jobs in their region experienced less cash shortage and inventory shrinkage, and that, according to study coauthor Clara Xiaoling Chen, “the effect of relative wages on employee theft is more pronounced when there are multiple workers. Relative wages influence the type of norms that develop among the co-workers.”

Low-paid workers only steal about 39 percent of what paying them more would cost, so many convenience store owners probably think it’s a fair trade. For responsible owners and managers, though, the lower turnover and training costs, as well as the general plus of not having employees who steal, strengthen the financial argument for decent pay. The moral argument for decent pay is always there, of course; it’s just that so many bosses ignore it.

These studies have in common that they both find that better treatment for workers has benefits for the employer and, if we believe that lower rates of injury and theft are good for society, benefits for society as well. It’s unfortunate that the notion that people should be paid enough to live on and be able to stay home when they’re sick needs further validation, but 35 years into the great American race to the bottom, that’s where we are.

(Via Blogwood)

This blog originally appeared in Daily Kos Labor on August 1, 2012. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos. She has a PhD in sociology from Princeton University and has taught at Dartmouth College. From 2008 to 2011, she was senior writer at Working America, the community affiliate of the AFL-CIO.

Unemployed for even a month? You're likely to face hiring discrimination

Monday, July 30th, 2012

Laura ClawsonIf you’re unemployed and searching for a new job, you better hope your last employer went out of business. Otherwise, according to new research, you’re likely to be discriminated against even if you’ve been out of work for as little as a month.

In one study, Ho and his team asked 47 experienced HR professionals to review resumes that were identical except for one detail: Half said the candidate was currently employed, and half said the person had been out of work for a month. The “currently employed” candidate received better marks for competence and hireability. […]

He noted that a third experiment found that job candidates whose previous employer went under received more sympathy. “What does allay people’s bias is some explicit indication that losing your job was not your fault — for example, that the company went bankrupt or suffered some specific setbacks that made layoffs inevitable,” Ho said.

This research just backs up what we already know is happening in real life: widespread discrimination against jobless people at a time when a lot of people are jobless. Staffing agencies even defend their discriminatory practices. Democrats have proposed a bill prohibiting discrimination against unemployed people, but with Republicans in control of the House, such legislation isn’t going anywhere.

This blog originally appeared in Daily Kos Labor on July 30, 2012. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos. She has a PhD in sociology from Princeton University and has taught at Dartmouth College. From 2008 to 2011, she was senior writer at Working America, the community affiliate of the AFL-CIO.

Volatility is the Word for It: First-Time Enemployment Claims Jump to 386,000

Friday, July 20th, 2012

Laura ClawsonFirst-time unemployment claims jumped to 386,000 from last week’s revised total of 352,000, the Department of Labor reports. Last week, first-time claims were initially reported at 350,000, the lowest since March 2008. However, analysts cautioned that the drop was likely a result, at least in part, of auto manufacturers not shutting down as many plants as they usually do at this time of year; seasonal adjustments to the jobless claims numbers were thrown off by that.

The four-week moving average, a measure preferred because it reduces volatility, was 375,500. This is a drop of 1,500 from the previous week’s revised figure of 377,000. Volatility as a result of the auto industry’s summer shutdowns, however reduced they are this year, is expected to continue making it difficult to suggest any trends in the labor market.

For all unemployment benefit programs, including federal emergency extensions, the total number of people claiming benefits for the week ending June 30 was 5,752,116, a decrease of 121,985 from the previous week. This number is dropping in part because people are exhausting their eligibility for weeks of benefits being reduced by Congress and some states.

Chart showing weekly initial unemployment claims from 2007 through the present.

(The Maddow Blog)

This blog originally appeared in Daily Kos Labor on July 19, 2012. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos. She has a PhD in sociology from Princeton University and has taught at Dartmouth College. From 2008 to 2011, she was senior writer at Working America, the community affiliate of the AFL-CIO.

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