Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘NELP’

Older Workers Have Highest Long-Term Jobless Rate

Tuesday, May 15th, 2012

Image: Mike Hall

Older workers who lose their jobs have the highest rate of long-term unemployment compared to any other age group. In 2011, more than half of jobless workers, ages 50 years and older, were out of work for more than six months. The trend continues this year.

Christine Owens, executive director of the National Employment Law Project (NELP), told the Senate Special Committee on Aging this afternoon:

“The prospects are dim for older workers who lose their jobs….They face pointed discrimination when they go looking for work, and they are especially vulnerable to financial instability. Congress needs to take extra steps to address the difficulties that some of the most seasoned members of the workforce are experiencing.”

report from the Government Accountability Office (GAO) also found that long-term unemployment of older workers means significantly reduced retirement income, especially for those defined-contribution retirement plans such as 401(k) rather than traditional guaranteed defined-benefit pensions. In addition, older jobless workers are often forced to tap into those retirement savings.

Sen. Herb Kohl (D-Wis.), chairman of the Special Committee on Aging, said:

“Left unchecked, long-term unemployment among older workers is a problem that will continue to grow as our workforce grays.”

Kohl has introduced the Older Worker Opportunity Act, which would provide tax credits for businesses employing older workers with flexible work programs.

Employers and job search agencies claim they do not discriminate against older workers. But Sheila White, unemployed since she lost her job as manager of a women’s clothing store in January 2010, sent out hundreds of résumés and had 15 interviews. She told the panel she rarely received a response after the interview.

“It then occurred to me that a potential employee could look me up on the Internet and lo and behold there was my age, clearly printed for all to see! I sensed my inability to find work had something to do with age, but I couldn’t prove it. Many jobs required me to enter my date of birth to even complete my online application.”

Owens said that one tool to combat age discrimination is the Protecting Older Workers Against Discrimination Act that would preserve the rights of older job applicants and employees who are turned down for jobs or treated differently at work in part due to their age.

She also called for the passage of the Fair Employment Opportunity Act that would prohibit employers and job recruiters from excluding the unemployed from job consideration simply because of their unemployment status. In the past few years, many firms’ ads and websites state that jobless workers will not be considered. As Owens said:

“Because long-term unemployed workers are disproportionately older, older workers are more likely to be affected by exclusionary hiring practices based on employment status.”

Click here for the full testimony from all the witnesses.

This blog originally appeared in AFL-CIO on May 15, 2012. Reprinted with permission.

About the author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journal and managing editor of the Seafarers Log. He came to the AFL-CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety.

Unemployment Q & A's

Wednesday, December 16th, 2009

Image: Brett BrownellI’m thankful for the opportunity to be part of a great organization like Workplace Fairness. We’re using online tools to educate workers about their rights and job-seekers about their search. But I’m no stranger to unemployment.

In the not-too-distant past my resources became limited and I hit a wall in my job search. So I made the tough decision millions of Americans have had to make: I decided to file for unemployment… But making the decision was just the beginning.

What I remember most vividly about the time that followed were two things:

1) The confusion, hassle, and frustration of the application process

2) My relief when I received the first ameliorating check

So, when I came across the The New York Times’ money blog “Bucks” and their series “Answers About Unemployment Benefits” I wanted to share it and hopefully save some frustrated job-seekers a few minutes, or hours, or dead-end research.

The answers are provided by Andrew Stettner, deputy director of the National Employment Law Project. All four parts in the series can be found here:

Answers About Unemployment Benefits: Part 1

Answers About Unemployment Benefits: Part 2

Answers About Unemployment Benefits: Part 3

Answers About Unemployment Benefits: Part 4

Among the topics the series covers are:

• COBRA health care
• Tip earners
• Temp workers
• How to determine eligibility?
• How to determine amount?
• New 2009 Recovery Act extensions
• Students
• Self-employment
• Independent contractors

I hope you find it helpful.

*For more information on unemployment insurance visit the Workplace Fairness Unemployment Insurance Information page and 2009 Economic Stimulus Package and its Effect on Unemployment Insurance page.

About the Author: Brett Brownell is a new media fellow at the New Organizing Institute where he manages the Today’s Workplace blog and new media for Workplace Fairness. Brett served as deputy director of new media & videographer for the Obama campaign in Pennsylvania. He is also the founder of Worldwide Moment (an international photography project for peace) and the son of a 40-year veteran of the Association of Professional Flight Attendants union.

On the Path to Economic Recovery: Extended Unemployment Benefits

Monday, October 19th, 2009

Image: Courney ChappellAlthough it is encouraging to see that the Dow Jones Industrial Index hit 10,000 this week, unemployment in this country continues to look bleak.  The September national unemployment rate shot up to 9.8%, and a record 5 million people have been unemployed for six months or longer.  These workers are now competing for a very limited number of available jobs, a ratio of 1 to 6.  If the Dow is in fact a reliable indicator of an economic rebound, why hasn’t the unemployment rate followed suit and leveled out or decreased?  Economists predict that unemployment will continue to remain high throughout 2010 – and even 2011 – at which time we will see more promising signs of recovery.  Until then, however, according to the National Employment Law Project (NELP), an estimated 1.4 million jobless workers will lose their unemployment benefits by the end of 2009.

The purpose of the unemployment insurance (UI) system is to prevent workers who lose their jobs through no fault of their own from slipping into poverty.  By temporarily filling the income gap for families while they search for work, UI serves as a critically important safety net.  Although the weekly benefit amount generally replaces only about one-third of a worker’s weekly earning, those checks can stabilize a household and help families cover their basic needs.

Congress is currently debating legislation that will extend benefits to workers who are struggling during this economic downturn.  Last month, the House passed a bill that would extend UI by 13 weeks, but it would apply only to those jobless workers who live in states with unemployment rates higher than 8.5%.  The Senate has likewise introduced legislation, but it is broader in scope.  The Senate bill would provide 14-20 weeks of additional benefits to jobless workers in all states.  Although advocates originally expected the bill to pass the Senate rather quickly, opposition has been raised regarding how these additional weeks will be paid, ultimately stalling any movement.

Any extension of benefits will no doubt help jobless workers in D.C.  The city’s unemployment rate is over 11%, and even higher in Wards 7 (19%) and 8 (27%), two of the city’s poorest neighborhoods.  According to NELP, by the end of 2009, approximately 4,700 District workers will have exhausted their federal extensions.

The D.C. Employment Justice Center, in collaboration with its community partners, has been working to ensure that all available stimulus money under the American Recovery and Reinvestment Act (ARRA) will make its way into the pockets of District workers.  Specifically, D.C. is entitled to receive $27 million of federal funding as incentive payment for modernizing its UI system.  Because the District adopted the alternative base period (ABP) in 2002, it has already received $9 million of this funding from the Department of Labor.  In order for the District to qualify for the remaining incentive payments, it must implement, at a minimum, two additional reforms and submit a second application to the Department by August 22, 2011.  Emergency legislation was introduced and passed in July 2009 that included two such reforms: a dependent allowance and an extension of UI to those enrolled in approved training.

Permanent legislation must still be passed in order for D.C. to receive the remaining stimulus funding.  But even this will not be enough.  In order to address the record rate of joblessness, the significant percentage of workers exhausting benefits, and the inadequate weekly benefit amount, evidenced by the fact that over 50% of UI recipients receive the maximum amount, the District must maximize the scope and impact of the $27 million federal funding to which it is entitled.  It can do so by also increasing the maximum weekly benefit amount by $20; expanding eligibility to those who leave their jobs to care for a sick family member or to relocate with their spouse/domestic partner; and extending the time in which an individual may file an appeal if he/she is denied UI.  These changes will help thousands of District workers and families as they continue to look for long-term employment.  Specifically, $10 million will make its way into the pockets of approximately 22,000 struggling workers.

If the federal government steps in to extend benefits for an additional 14-20 weeks under the Senate bill, all of the District’s reforms could be funded with stimulus money for 2 ½ years, and employer taxes would not increase.  Other states are no doubt in a similar situation – with the federal government footing the bill for up to 20 extra weeks, states can maximize the impact of their stimulus funding by changing their UI programs beyond the minimum requirements prescribed by the Department of Labor, and thereby provide much needed relief to their residents.  Two and a half years is a significant amount of time to feel the impact of the ARRA and create real economic opportunities for struggling communities.

With more money in the hands of consumers, more dollars will circulate throughout the economy, the stock market will continue to steadily rise, employers will regain their confidence, and the unemployment rate should eventually fall.  Congress’ decision to provide extended unemployment benefits is a critical step in helping the economy rebound, and will help ensure that the Dow’s resurgence this week is a truly promising long-term sign of the nation’s recovery, rather than a single snapshot of Wall Street.

About the Author: Courtney Chappell is the Advocacy Manager at EJC.  Prior to joining EJC, she was an associate at James & Hoffman, P.C., where she represented unions and individual employees in all matters relating to labor and employment law. As the first Policy & Programs Director at the National Asian Pacific American Women’s Forum, Courtney spearheaded the organization’s reproductive justice program and developed a multi-pronged action agenda that included lobbying, grassroots organizing, and public education campaigns.  Her achievements included coordinating a national lobby day relating to immigration reform, and convening a national coalition of women’s rights, immigrant rights, and reproductive rights organizations to focus on the intersection of health care and immigration.  She similarly engaged in policy advocacy as a fellow at the Mexican American Legal Defense and Educational Fund after graduating from law school. Courtney graduated magna cum laude from the American University Washington College of Law, where she was a student attorney in the domestic violence clinic and interned for the U.S. Department of Justice, Civil Rights Division, the EEOC, and the ACLU. She was also a staff member of the American University Law Review and volunteer intake counselor at the Asian Pacific American Legal Resource Center and the Domestic Violence Intake Center.  Courtney has served on the boards of the Third Wave Foundation and the Asian/Pacific Islander Domestic Violence Resource Project.  She is a recipient of a New Voices Fellowship and a Georgetown Women’s Law and Public Policy Fellowship.

Report: Security Screening Process Flawed, Leaves Dockworkers Jobless

Tuesday, July 14th, 2009

Thousands of longshore workers, truck drivers and other workers at ports across the nation are out of work, not because of a staggering economy, but because they are caught up in a backlogged, inefficient and often inaccurate screening process for background security checks.

According to a new report from the National Employment Law Project (NELP), the federal Transportation Security Administration’s (TSA’s) post-Sept. 11 port worker background checks have put thousands of otherwise qualified and experienced port workers on the streets instead of the docks until they gain their security clearance.

Most of the workers caught in this bureaucratic limbo are members of the International Longshore and Warehouse Union (ILWU), Longshoremen (ILA) and Teamsters (IBT).

 

The report is the first evaluation of the worker protections in TSA’s Transportation Worker Identification Credential (TWIC). It finds that thousands of workers—disproportionately African American and Latino men—have had to wait an average of seven months while their applications are reviewed, leaving them unable to work and support their families in the midst of a devastating recession.

According to the report, “A Scorecard on the Post-9/11 Port Worker Background Checks,” more than 10,000 workers had lost their jobs while awaiting TSA approval of their TWIC cards after the April 14 compliance deadline passed. Laura Moskowitz, a NELP attorney who led the study, says:

Due to serious problems with the FBI’s records, insufficient staffing and poor TSA screening protocols, there have been major processing delays for workers at ports, which means that large numbers of hard-working families are being left out in the cold at the worst possible time.

To be approved for access to the ports, applicants are subject to criminal background checks using the FBI’s database, immigration status and other security checks. However, the report notes that 50 percent of the FBI’s rap sheets are incomplete or out of date. Contrary to the federal law, TSA denies credentials in an overly broad range of cases such as open arrests, even if they have been dismissed or addressed.

When a worker is denied a security clearance and decides to appeal, Moskowitz says:

TSA and the FBI put the entire burden on the worker to collect the necessary information to clear their records and navigate the process all on their own, which then leaves thousands of workers falling through the cracks of the TWIC program.

It also finds that while worker protections in the program’s appeal process take far too long, eventually almost all workers win their credential cards on appeal. More than 24,000 workers, largely African American and Latinos, were able to keep their jobs with the help of the special protections for workers who are initially denied a credential card based on their record.

The report offers a series of recommendations for TWIC reform, including expediting the cases of workers who have been shut out of the ports, tracking down missing FBI information before issuing denials, adopting strict timeframes for processing applications and better handling of applications from foreign-born workers.

Click here for a look at the full report.

Mike Hall: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journal and managing editor of the Seafarers Log. He came to the AFL-CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety. He carried union cards from the Oil, Chemical and Atomic Workers, American Flint Glass Workers and Teamsters for jobs in a chemical plant, a mining equipment manufacturing plant and a warehouse. He’s also worked as roadie for a small-time country-rock band, sold blood plasma, and played an occasional game of poker to help pay the rent. You may have seen him at one of several hundred Grateful Dead shows. He was the one with longhair and the tie-dye. Still has the shirts, lost the hair.

This article was originally posted at the AFL-CIO Blog and is reprinted here with permission from the author.

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