Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Obama’

The Trump administration has started rolling back the birth control mandate

Thursday, June 1st, 2017

Federal officials, under orders by President Donald Trump, have drafted a rule to roll back the Obama-era mandate that birth control be included under all employer insurance plans.

The final shape of roll back is still uncertain: The White House Office of Management and Budget (OMB) website says that it is reviewing the “interim final rule” to relax the requirements on preventative services. The rule change is specifically aimed at accommodations for religious organizations, some of whom have strongly objected to requirements that they include birth control coverage under their insurance for employees.

Typically, when an agency considers changing a rule?—?which can have immediate and sweeping policy impacts?—?they publish a preliminary version, solicit comments from the public, and incorporate the feedback into revisions before handing down the final change. If the OMB is reviewing the interim final rule, however, that means the rule has already been drafted by the relevant agencies and is in the last step before being published, according to the National Women’s Law Center.

“We think whatever the rule is, it will allow an employer’s religious beliefs to keep birth control away from women. We are sure that some women will lose birth control coverage,” Gretchen Borchelt, the vice president of the National Women’s Law Center, told the New York Times.

Under the current rules, implemented under President Obama, birth control coverage is considered part of preventative medical care and must be covered by all insurers with no co-pay. The mandate has guaranteed an estimated 55 million women access to birth control and other preventative services at no additional cost to them, regardless of their employer.

In 2013, the mandate saved women $1.4 billion on birth control pills, and since the law went into effect, there has been a nearly 5 percent uptick in birth control subscriptions, according to the NWLC. The increased access to contraceptives has also correlated with a sharp drop in unintended pregnancy and abortion rates.

These public health outcomes make it easy to see why the requirement has been widely lauded by women’s health advocates and providers.

“Without question, contraception is an integral part of preventive care; women benefit from seamless, affordable access to contraception, and our health system benefits as well,” the American College of Obstetricians and Gynecologists (ACOG) said in a statement about the mandate. “ACOG strongly believes that contraception is an essential part of women’s preventive care, and that any accommodation to employers’ beliefs must not impose barriers to women’s ability to access contraception.”

The law has been hotly contested, however, by religious organizations who object to having to include birth control in their insurance plans. Trump seized on their complaints while campaigning for the presidency, and in early May, fulfilled his pledges to evangelical Christian supporters by handing down an executive order on “religious freedom” that aimed to do two things: To make it easier for faith leaders to preach politics, and to allow employers to claim a religious exemption against providing contraceptive coverage for their employees.

Trump made the proclamation alongside representatives of Little Sisters of the Poor, an order of nuns who have been some of the most vocal opponents of Obamacare’s mandate that insurance include birth control coverage?—?taking the fight up all the way up to the Supreme Court.

“Your long ordeal will soon be over,” Trump told them when he announced the order.

Secretary of Health and Human Services Tom Price immediately issued a statement saying that he’d be happy to take have the opportunity to reshape the requirements on birth control coverage.

“We welcome today’s executive order directing the Department of Health and Human Services to reexamine the previous administration’s interpretation of the Affordable Care Act’s preventive services mandate, and commend President Trump for taking a strong stand for religious liberty,” he said in a press relief.

Price has long been a vocal critic of the birth control mandate on grounds of religious freedom, and has also been dismissive of its benefit to women.

“Bring me one woman who has been left behind. Bring me one. There’s not one,” Price said about women having trouble paying for birth control in an interview with ThinkProgress in 2012. “The fact of the matter is this is a trampling on religious freedom and religious liberty in this country.”

According to a recent survey by polling form PerryUndem, 33 percent of American women said they couldn’t afford to pay any more than a $10 copay for their birth control. Fourteen percent said that if they had to pay for birth control at all, they couldn’t afford it.

This article was originally published at ThinkProgress on May 30, 2017. Reprinted with permission.

About the Author: Laurel Raymond is a reporter for ThinkProgress. Previously, she worked for Sen. Patrick Leahy (D-VT) and served as a Fulbright scholar at Gaziantep University in southeast Turkey. She holds a B.A. in English and a B.S. in brain and cognitive sciences from the University of Rochester, and is originally from Richmond, Vermont.

Thanks, Obama. Millions More Workers To Get Overtime Pay.

Wednesday, May 18th, 2016

LauraClawsonIt’s been in the works for months, but on Wednesday it becomes official: The Obama administration is making millions of workers eligible for overtime pay if they work more than 40 hours a week. Currently, only workers making salaries of less than $23,660 a year—$455 a week—automatically get overtime pay when they work extra hours. Effective December 1, that number will double to $47,476, which is less than the “about $50,400” the president announced last summer, but still enough to directly cover an additional 4.2 million workers.

On a call with reporters Tuesday, Labor Secretary Tom Perez said the reform was meant to address “both underpay and overwork.”

“The overtime rule is about making sure middle-class jobs pay middle-class wages,” Perez said. “Some will see more money in their pockets … Some will get more time with their family … and everybody will receive clarity on where they stand, so that they can stand up for their rights.”

In addition to the 4.2 million workers who will automatically become eligible for overtime pay, more than eight million more are expected to get overtime because their employers will no longer be able to dodge the rules by calling them managers even though little of their work is managerial.

That includes workers like one cited in Obama’s email announcing the change:

As an assistant manager at a sandwich shop, Elizabeth sometimes worked as many as 70 hours a week, without a dime of overtime pay. So Elizabeth wrote to me to say how hard it is to build a bright future for her son.

It’s a shame the Obama administration didn’t stick with a new threshold of more than $50,000, but doubling the existing, pitifully low threshold and updating it every three years, as is included in the new rule, is a major advance for millions of workers. And as always, it’s a reminder that a Democratic president who’s prepared to use every aspect of government can do a lot, even with a Republican Congress blocking so much.

This blog originally appeared at DailyKOS.com on May 18, 2016. Reprinted with permission. 

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

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.

Obama administration cracking down on bosses who use temp workers to dodge labor laws

Thursday, January 21st, 2016

Businesses don’t just use temp staffing agencies to add workers for short periods when they need extra hands. Staffing agencies can also serve the valuable (to crappy employers) purpose of dodging responsibility. “That person may work in our business on our terms, but the staffing agency is their employer, so we’re not responsible for violating labor laws to exploit them,” is how the dodge basically goes. Now, the Department of Labor is taking steps against that, issuing guidelines on when the company using the staffing agency to hire temp workers should be considered a joint employer that’s responsible for the people working in its facilities.

“I think the majority of noncompliance that we see is people just not getting what the law is, and what their responsibilities are under it,” [Department of Labor Wage and Hour Division director David] Weil said in an interview. “We also find cases of people who are clearly playing games, and clearly trying to shift out responsibility, and often have structured things in a way that lead towards more noncompliance.”

Weil’s division has stepped up its proactive enforcement of situations where companies are functionally controlling the workers they order up from labor providers — and broadcasts its enforcement of egregious violations. Back in October, for example, investigators found that temp workers at a snack food producer in New Jersey were cheated out of overtime wages, and ordered the company to pay back wages, damages, and civil penalties.

That’s the most typical form of joint employment — a “vertical” arrangement, with one company hiring another, as the guidance describes. But joint employment can also be “horizontal,” when a worker might employed by two subsidiaries of the same company, but they never get overtime because their hours are tracked separately.

Business groups and congressional Republicans are predictably pissed that the Obama administration would have the nerve to suggest that employers follow the law, with House Republicans pointing out that the Department of Labor talked to the National Labor Relations Board, which is also cracking down on joint employer issues.

Low-road businesses have found a lot of ways around laws protecting workers, from these joint employer dodges to misclassifying workers as independent contractors to deny them minimum wage and overtime protections, unemployment insurance, and more. And every time the Obama administration cracks down, it’s a reminder of what’s at stake this November. The next president won’t just argue with Congress or even appoint Supreme Court justices. The next president will make the appointments that determine whether the Department of Labor is trying to make sure workers get paid for the hours they work or is looking for ways to let bad bosses off the hook.

This blog originally appeared in dailykos.com on January 20, 2016. Reprinted with permission.

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

Trumka: Obama 'Forcefully Advocated for Working Families' in State of Union

Wednesday, January 21st, 2015

Image: Mike HallAFL-CIO President Richard Trumka said,

“President Obama eloquently and forcefully advocated for working families throughout his State of the Union Address,” last night. He also said:

‘The  president’s focus on raising wages through collective bargaining, better paying jobs, a fairer tax code, fair overtime rules, and expanded access to education and earned leave sent the right message at the right time.'”

So did his embrace of union apprentices and immigrants who want to achieve the American Dream. The president has again demonstrated his strong commitment to creating an economy that truly works for all working people.

Fighting income inequality is one of the biggest challenges of our time. As Oxfam recently reminded us, the world’s wealth continues to be increasingly concentrated in the hands of a very few. If we are serious about solving this monumental challenge, the size of the solutions must meet the scale of the problem. We must have a similarly vigorous response to the barriers to raising wages: our opposition to fast-tracked trade deals that are giant giveaways to big corporations must be resolute. We can’t face the competitive challenge of China with a trade deal that fails to adequately address currency manipulation, climate change or that gives corporations rights that people don’t have.

Now is the time for politicians to champion a Raising Wages agenda that ties all the pieces of economic and social justice together. America has now heard what the president thinks about this agenda. We thank the president for his passion and his advocacy. We are ready to see what he and Congress will do about it. That is the ultimate standard of accountability.

This blog originally appeared in aflcio.org on January 21, 2015. Reprinted with permission.

About the Author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journaland 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.

A Victory for Silica Dust Exposed Workers?

Tuesday, August 27th, 2013

Mike ElkToday, after a much-criticized delay on issuing a rule to limit workers’ exposure to cancer-causing silica dust, the Obama administration put forward a proposed rule for public consideration. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) estimates that once the rule is in effect, it could save 700 lives a year and prevent nearly 1,600 cases of silicosis annually.

In an OSHA press release, Dr. David Michaels, assistant secretary of labor for occupational safety and health, commented, “Exposure to silica can be deadly, and limiting that exposure is essential. Every year, exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis—an incurable and progressive disease—as well as lung cancer, other respiratory diseases and kidney disease. We’re looking forward to public comment on the proposal.”

Workplace safety advocates applauded the decision. In a press release issued by the non-profit National Council for Occupational Safety and Health, executive director Tom O’Conner noted that workers who are most exposed to silica tend to be those least able to advocate for themselves.

“Low-wage immigrant workers and temporary workers are disproportionally represented in the industries with silica exposure—and are the most vulnerable to retaliation should they report potential hazards, injuries or illnesses,” O’Conner said. “This new rule will help to pull them out of the shadows and make them safer at work. Everyone, regardless of immigration status, deserves a safe workplace.”

However, some in organized labor say the fight to enact the rule has just begun, as it will have to undergo a public comment period before it is issued. In his response to the news of the rule, AFL-CIO President Richard Trumka cautioned:

But this rule is only a proposal–workers exposed to silica dust will only be protected when a final rule is issued.  Some industry groups are certain to attack the rule and try to stop it in its tracks. The AFL-CIO will do everything we can to see that does not happen. We urge the Obama administration to continue moving forward with the public rule-making process without delay. The final silica rule should be issued as fast as humanly possible, to protect the health and lives of American workers.

This article originally appeared in Working in These Times on August 23, 2013.  Reprinted with permission.  

About the Author: Mike Elk is an In These Times Staff Writer and a regular contributor to the labor blog Working In These Times.

At MLK March, Renewed Call For Obama Executive Order on Wages

Saturday, August 24th, 2013

Bruce VailWASHINGTON, D.C.—On the eve of a march to commemorate Dr. Martin Luther King’s “I have a dream” speech, labor and civil rights activists are calling on President Barack Obama to honor King with an executive order that would raise wages for as many as two million workers.

One of the most poignant calls came Wednesday from Alvin Turner, a veteran of the famous 1968 Memphis garbage workers strike. Recalling a recent face-to-face meeting with Obama, Turner said “he told me personally he was working hard for the little man. If he don’t sign, he’ll disappoint me badly.”

Turner and others are pressing for an executive order that would establish a “living wage” for workers whose employment is tied to federal government contracts, grants, loans, or property leases. Earlier this year, the labor-backed “Good Jobs Nation” campaign produced evidence that many fast food workers at government-owned buildings in Washington, D.C., are earning below poverty-level wages, and that the same problems extend to other workers whose jobs are tied to federal government action. A study earlier this year from the pro-labor group Demos estimated an executive order could raise the income of about two million low-wage workers nationwide.

Rep. Keith Ellison (D-Minn.) and other members of the Congressional Progressive Caucus are making the order a centerpiece of their pro-worker “Raise Up America” campaign launched in late June. The Change to Win federation—backed most notably by the Service Employees International Union (SEIU) and the Teamsters—is a partner in the Progressive Caucus campaign.

Such an order would not require a vote in Congress or any cooperation from the anti-labor Republicans, noted Mike Casca, a spokesperson for Ellison. The president has sole discretion on whether to issue such orders, and pressure is rising on Obama to do so from prgressive Democrats, labor unions, faith-based groups, and others, Casca said.

If Obama fails to sign the executive order, “the federal government is complicit in the perpetuation of poverty,” charged Bill Lucy, a retired executive of American Federation of State, County and Municipal Employees (AFSCME) union, who joined Turner Wednesday for a public panel discussion of the issue. A similar executive order was signed by President Lyndon Johnson in 1965, he added, so “it’s not like it’s anything new.”

Radio talk-show host Joe Madison said marchers at the Aug. 24 events to honor the 50thanniversary of King’s speech will hear repeated calls from the speaking platform for an executive order. “We will do a disservice to those (original 1963) speakers—to Dr. King, to A. Philip Randolph—if we do not demand” presidential action on an executive order,” Madison said. Without a demand for action “it’s just a ceremony, and we don’t need any more ceremonies,” he said.

“King was at the intersection of the civil rights and labor movements,” commented Moshe Marvit, a lawyer, author and labor activists. King would have understood that “we need bold action from the president in the form of an executive order” to begin raising wages across broad sectors of the economy, Marvit said.

Change to Win spokesperson Paco Pabian told Working In These Times that there has been no unequivocal response from the White House yet on calls for the living wage executive order. There have been reports that Ellison asked Obama directly for such an order at a June 6 meeting with members of the Congressional Black Caucus, and that Del. Eleanor Holmes Norton (D-D.C.) had made a similar request, he said. In both cases, lawmakers were told that the matter would be reviewed by White House staff and that a definitive answer would be forthcoming sometime soon, Fabian said.

The push for the executive order gained an important backer on August 12, Fabian noted, when the New York Times published an editorial endorsing the idea.

“Many laws and executive actions from the 1930s to the 1960s, require fair pay for employees of federal contractors. Buth over time, those protections have been eroded by special-interest exemptions, complex contracting processes and lax enforcement. A new executive order could ensure that the awarding of contracts based on the quality of jobs created, challenging the notion that best contract is the one with the lowest labor costs,” the New York Times editors wrote.

Full disclosure: AFSCME is a web sponsor of In These Times.

This article originally appeared on In These Times on August 24, 2013.  Reprinted with permission. 

About the Author: Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA’s Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper’s New York City headquarters and in the Washington, D.C. bureau.

Labor Secretary Solis Resigns

Thursday, January 10th, 2013

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

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

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

In a statement, Solis said:

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

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

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

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

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

President Of Florida-Based Company Threatens To Fire Employees If Romney Loses

Monday, November 5th, 2012

 With fewer than 72 hours before polls begin to close, another report has emerged of a company owner strongly urging his employees to vote for Mitt Romney over Barack Obama, claiming that their jobs are potentially on the line if Obama wins re-election.

Cliff Otto, president of the Florida-based Saddle Creek Corporation, circulated an email to staff this week explaining that, while “we do not support candidates based on their political affiliation,” Romney’s positions are in “the best interest of our company, and therefore our jobs and our future”:

In the past, Saddle Creek has not felt it imperative that we communicate with our associates regarding the political issues that affect our business. This year the positions taken by the two presidential candidates with regard to these issues are starkly different. As such [we] feel it would be wrong for us not to share with you the company’s position on just a few of the critical issues and, at the same time, how each of the two candidates compare to our position. … We do not support candidates based on their political affiliation. We do support candidates that share our positions with regard to the key issues facing our company and our country. Thank you for considering what Saddle Creek believes is in the best interest of our company, and therefore our jobs and our future.

An accompanying flyer, obtained by MSNBC’s Up With Chris Hayes, highlights by position — not candidate — which would be more beneficial for Otto’s employees’ jobs:

Otto is not alone in his effort to sway his employees’ votes by insinuating that they might lose their jobs should Obama win. Similar tactics have been used by other CEOs across the country who warn of “consequences” should Romney lose on November 6th. One CEO likened the threats to telling employees to “Eat your spinach.”

Indeed, it may be a concerted intimidation effort by right-leaning CEOs that is orchestrated from the top. Just a month ago, leaked audio captured Romney urging conservative business owners to tell their employees who to vote for.

This article was originally posted on November 4, 2012 at Think Progress

About the Author: Annie-Rose Strasser is a Reporter/Blogger for ThinkProgress. Before joining American Progress, she worked for the community organizing non-profit Center for Community Change as a new media specialist. Previously, Annie-Rose served as a press assistant for Representative Debbie Wasserman Schultz. Annie-Rose holds a B.A. in English and Creative Writing from the George Washington University.

AFL-CIO Head Trumka: Romney 'sure doesn't know anything about coal mining'

Wednesday, October 31st, 2012

The United Mine Workers of America is sitting out this presidential race as Mitt Romney and President Barack Obama battle over parts of coal country. But former UMWA president and current AFL-CIO President Richard Trumka spoke to the press Monday not just as an advocate for all workers but from the perspective of a third-generation coal miner.

While Romney has centered his coal country campaign on inaccurate claims that overregulation by the Obama administration has weakened the coal industry (Romney’s beloved free market is the real culprit), Trumka pointed to how workplace safety is enforced in this dangerous industry:

[President Obama] has appointed people who are enforcing safety laws, these are the real regulations coal operators don’t want enforced….MSHA [Mine Safety and Health Administration] is enforcing the laws and now coal operators are not able to get away with violations like they did before, especially high violators.

Among the regulations and oversight that Romney would weaken or abolish are those that save miners’ lives. So it’s important that Romney’s “Obama’s war on coal” rhetoric not be allowed to cloud the picture, obscuring that coal’s recent struggles aren’t due to regulation, and that when he talks about regulations, he’s talking about people’s lives. Beyond that, Trumka drove home the distance between the coal miners Romney pretends to care about and Romney’s own life:

Mitt Romney says coal country is his country. Well, he’s wrong—it’s ours….Mitt Romney doesn’t know about getting his hands dirty, and he sure doesn’t know anything about coal mining.

This article was originally published by The Daily Kos on Monday, October 29, 2012. Reprinted with permission.

About the Author: Laura Clawson is a Daily Kos contributing editor since December 2006, and a Daily Kos Labor editor since 2011.

Your Rights Job Survival The Issues Features Resources About This Blog