Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘President Trump’

Woman Who 'Flipped Off' President Loses Termination Lawsuit

Thursday, July 12th, 2018

The woman who was infamously fired after giving the middle finger to President Trump has lost her wrongful termination case. A Virginia judge tossed Juli Briskman’s lawsuit, finding no First Amendment protection for private sector employees.

The ruling was not unexpected. In general, private employees are not shielded from repercussions for their words or actions, even if the conduct occurs off-duty and away from the workplace. First Amendment advocates worry about reprisal against employees who do not share their employers’ political beliefs or who openly oppose the administration in power.

Are employees ever on their own time?

Juli Briskman was riding her bike last October when the president’s motorcade drove by. She “flipped the bird” to express her personal feelings, a gesture captured by a White House pool photographer. The photo went viral but did not identify Briskman, who outed herself by re-posting the photo to Facebook and Twitter.

Soon after, she was fired by her employer, Akima LLC, ostensibly for violating the company’s social media policy. But Briskman claimed she was told by management they had to let her go because her anti-Trump gesture might anger the White House and cost them lucrative government contracts. She sued for wrongful termination, arguing that private speech – she was off-duty and away from work — is protected under state and federal free speech exclusions.

Judge Penney Azcarate dismissed the lawsuit, saying that those First Amendment exclusions do not apply in the private sector, where employment is at-will. She added that she would have ruled the same had Briskman given the finger to President Obama.

Azcarate let stand one part of the suit. Briskman said she was promised four weeks’ severance but was only paid two weeks’ worth. She was granted a month to amend her lawsuit accordingly.

Freedom of expression vs. business interests

Briskman’s lawyer alluded to broader ramifications. “Juli Briskman’s case is about democracy and the grave threat facing all Americans if keeping our jobs relies on our unconditional silence and support of the government in power.”

The defense lawyer said the underlying issue is much more simple. “The company found out about a rude and profane act and Akima decided it wasn’t interested in continuing with that particular person.”

Employees’ free speech has limits … and consequences

In the last few years, countless people have faced public backlash and been fired or suspended from their jobs (public and private sector) for speaking their mind on social media:

  • In West Virginia in 2016, the director of a nonprofit was fired for racist comments on Facebook about Michelle Obama. She compared the then-First Lady to an ape. The mayor of the town, who replied that the offensive comment had “made my day,” also resigned as a result of the furor.
  • Earlier that year, a mortgage company employee tweeted a similar offensive remark about the First Lady. Twitter users complained to her employer, who summarily fired her.
  • A CBS executive was fired in 2017 for saying on Facebook that she had no sympathy for the victims of the Las Vegas shooting massacre because they were country music fans and thus presumably Republicans.
  • In the wake of the Charlottesville alt-right rally, at least four people lost their jobs after they were outed on social media for embracing Nazi ideology.
  • Comedian Roseanne Barr had her hit TV show cancelled by ABC after a series of Twitter rants. The final straw was a tweet that seemed to disparage both African-Americans and Muslims.
  • A New York Times writer was fired for a tweet equating President Trump’s inauguration day with the attacks on Pearl Harbor and the World Trade Center.
  • A California prosecutor has been suspended (with pay) after a profanity-laced social media tirade against Rep. Maxine Waters, Michelle Obama and Mexican immigrants.

The common thread is that all of these people were on their own time, on their private social media accounts, in a non-work capacity. The First Amendment guarantees against government censorship of free speech, but does not necessarily exempt free speech from employment consequences. In an at-will employment state (like Virginia), employees can be terminated for violating explicit social media policies or other written codes of conduct, for conduct that reflects poorly on the employer, or for no reason at all.

The question raised by Briskman and her proponents is how far employers can go in policing the private speech of their workers, and whether political views are grounds for dismissal if the employee’s beliefs do not align with the boss’s beliefs. In other words, do employees effectively forfeit their First Amendment rights by accepting a job?

This blog was originally published by Passman & Kaplan, P.C., Attorneys at Law on July 10, 2018. Reprinted with permission. 

About the Author: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

Trump took credit for airline safety in 2017. What about the surge in coal miner deaths?

Wednesday, January 3rd, 2018

President Donald Trump is taking credit for what a new study is calling the safest year on record for commercial aviation. The president, however, is refusing to take responsibility for what his mine safety agency is saying was a year where almost twice as many coal mine workers died on the job than the final year of the Obama administration.

On Tuesday morning, Trump tweeted: “Since taking office, I have been very strict on Commercial Aviation. Good news — it was just reported that there were zero deaths in 2017, the best and safest year on record!”

Over the past 20 years, the average number of airliner accidents has shown a steady and persistent decline, thanks to “safety-driven efforts” by international aviation organizations and the aviation industry, according to the Aviation Safety Network, an independent research group. Nowhere in the analysis did the researchers mention efforts by the Trump administration as a reason for the airline safety improvement.

In the coal mining sector, data from the Trump administration’s Mine Safety and Health Administration (MSHA), the federal government’s mine safety agency, show coal mining deaths nearly doubled in 2017. But unlike the aviation statistics, Trump isn’t taking any personal responsibility for the coal mining deaths. What’s more, he tapped a former coal executive with a record of safety violations to head MSHA.

The death of a coal miner in Fayette County, West Virginia, on December 29 brought the total number of U.S. coal mining fatalities in 2017 to 15, according to MSHA’s website. Eight of the 15 coal mining deaths last year occurred in West Virginia. The remaining deaths occurred in Kentucky, Montana, Wyoming, Alabama, Pennsylvania, and Colorado. In the previous year, under President Barack Obama, the coal industry saw its lowest number of coal mining fatalities to date, with eight deaths recorded across the country.

A number of factors could have led to the rise in coal mining deaths. The nation saw an uptick in coal production last year. Estimated coal production for the first 11 months of 2017 totaled 719 million short tons, 54 million short tons, or 8 percent, more than production for the same period in 2016. For 2018, though, the U.S. Energy Information Administration is forecasting a drop in production due to a decrease in exports and slower domestic demand.

Employment in the coal mining sector reached about 51,700 in September, about 3,000 more than the year before. But since then, the sector’s job numbers have declined slightly each month.

Under the Trump administration and a Republican-controlled Congress, mining companies could be taking more risks under the assumption that enforcement will be more lax. The House of Representatives wants to cut MSHA’s coal enforcement budget by $11 million, or almost 7 percent, after cutting the division’s budget by $7.9 million in FY 2017.

During his presidential campaign, Trump reached out to coal miners, telling them that he would bring jobs back to their communities, despite widespread consensus that coal will continue to decline in the long run. In return, the miners have put a lot of faith in Trump to fulfill his promise.

As part of his focus on coal, Trump selected David Zatezalo, a former coal mining executive who has faced criticism over his company’s safety record, to serve as the head of MSHA. Zatezalo, who was confirmed by the Senate in November, retired in late 2014 as chairman of coal producer Rhino Resources after serving in various top posts at the company.

Zatezalo was head of Rhino Resources when the company was issued two “pattern of violations” letters from MSHA over safety and health issues at its mines in West Virginia and Kentucky. At the time, the Obama administration was seeking to improve enforcement of mine safety following the Upper Big Branch Mine disaster.

Last month, the Trump administration also announced plans to examine whether it should weaken rules aimed at fighting black lung among coal miners, a move the administration says could create a “less burdensome” regulatory environment for coal companies.

Most coal miners understand the increased dangers they face when the government steps back from safety enforcement. But the miners also see limited employment alternatives, unless they choose to uproot their families and relocate.

“We have all witnessed friends and family fight in vain for compensation after suffering from permanent injuries and black lung,” Nick Mullins, an author and former coal miner, wrote in an op-ed for HuffPost last month. “Few people seem to realize the lack of choices miners face. They do not realize that many miners would jump at the chance to earn a decent living without risking their life and sacrificing their health.”

This article was originally published on January 2, 2018. Reprinted with permission. 

About the Author: Mark Hand is a climate and environment reporter at ThinkProgress. Send him tips at mhand@americanprogress.org

Comey’s Testimony Underscores Need for Strong Whistleblower Protections

Wednesday, June 14th, 2017

For me, the most telling moment of former FBI Director Jim Comey’s June 8th testimony occurred early in the hearing, when Mr. Comey choked up as he recalled the White House’s publicly stating that the President had fired him because the “FBI was in disarray.”

This emotional display seemed out of character for Mr. Comey. While U.S. Attorney for the Southern District of New York, he successfully prosecuted organized crime. As Deputy Attorney General during the George W. Bush Administration, Mr. Comey refused to sign an extension of the warrantless domestic spying program and defied the White House Counsel and Chief of Staff. Mr. Comey can fairly be described as a “tough guy.” So how did he go from leading the most powerful law-enforcement agency worldwide to being labeled a “leaking liar”?

To an experienced whistleblower advocate, Mr. Comey’s predicament is not surprising. Mr. Comey’s experience, unfortunately, is like those of many whistleblowers I have represented over more than a decade. President Trump promised to bring a business approach to government–and his retaliation against Mr. Comey is straight out of the corporate defense playbook. Corporations typically take the following steps of escalating retaliation to silence whistleblowers:

Intimidate and Silence the Whistleblower

In his June 8th testimony, Mr. Comey described in detail how the President had asked him to drop the investigation of Michael Flynn and had conditioned Mr. Comey’s job on “loyalty” to him. Senator Rubio expressed skepticism about Mr. Comey’s feeling intimidated by the President and blamed Mr. Comey for not pushing back. But that type of Monday-morning quarterbacking ignored the power dynamics of the conversation. Mr. Comey wanted to keep his job and was understandably reluctant to accuse the President of obstructing an investigation.

Whistleblowers often confront this intimidation tactic in the workplace. A supervisor or senior company official tells the whistleblower to “let it go,” “mind your own business,” or learn to be a “team player.” And in some cases, the whistleblower is told to shut up if he or she wants to remain employed. Threats of retaliation, whether express or implicit, are powerful tools to silence a whistleblower. When a company officer or senior manager orders a subordinate to do something unlawful or to cover up unlawful conduct, holding firm to one’s ethical values is not an easy avenue to follow. As Mr. Comey learned, refusing to carry out an unlawful order may be career suicide, at least in the short term.

Retaliate Swiftly and Severely Against the Whistleblower

Initially, the bizarre method of firing Mr. Comey seemed surprising for a President who perfected the art of firing on his reality show, The Apprentice. Mr. Comey was not given an opportunity to resign; he was not even notified that he had been fired. But now that we know about the President’s real motive for firing Mr. Comey, it’s clear that his tack was deliberate.

Mr. Comey learned of his firing while addressing FBI agents at a Los Angeles field office when the announcement flashed across a television screen. The White House had announced Mr. Comey’s firing without notifying Mr. Comey himself. President Trump sent a loud and clear message to Mr. Comey and to every senior government official about the consequence of disloyalty.

In the corporate workplace, whistleblower-employees are similarly humiliated as a warning to their colleagues. A whistleblower may be escorted out of the office with security guards while other employees are present, pulled out of a meeting and fired on the spot in front of colleagues, or simply fired via text message. When a corporation fires a whistleblower in this humiliating fashion, it ensures that all other employees know the consequence of whistleblowing.

Badmouth the Whistleblower and Their Work History

Firing Mr. Comey in a humiliating and offensive manner served only as phase one. President Trump then defamed Mr. Comey and asserted that he fired him because of chaos within the FBI, as well as the alleged loss of confidence in Mr. Comey among FBI agents.

These statements stand in stark contrast to the President’s repeated, public praise of Mr. Comey before Mr. Comey refused to comply with the President’s “hope” that Mr. Comey drop the investigation of Flynn. Indeed, if President Trump believed that Mr. Comey’s leadership caused chaos within the FBI, then why did the President invite Mr. Comey to continue to serve as FBI Director?

This patent distortion of Mr. Comey’s performance record is an all-too-common experience of whistleblowers. Prior to blowing the whistle, they receive strong performance evaluations and bonuses; they are valued members of the team. But once they blow the whistle and refuse to drop their concerns, they are suddenly deemed incompetent and unqualified for their position. And when a company realizes that it lacks any existing basis to fire the whistleblower, it creates one by subjecting the whistleblower to heightened scrutiny and setting the whistleblower up to fail. For example, a company might place the whistleblower on a performance-improvement plan that contains impossible objectives, and then fire the whistleblower for not meeting those unattainable goals.

This tactic may backfire and enable a whistleblower to ultimately prevail at trial, but the damage to the whistleblower’s reputation is permanent. Prospective employers are reluctant to hire someone who previously fired for poor performance and are especially reluctant to hire a whistleblower. Many whistleblowers never find comparable employment and must accept lower-level positions, earning a fraction of what they did before their wrongful termination.

Attack the Whistleblower’s Credibility

Apparently, President Trump has no evidence to rebut Mr. Comey’s vivid account of the President’s alleged attempts to obstruct justice. So President Trump called him a “liar.”

Desperate to defend themselves at all costs, corporations frequently employ this tactic–labeling the whistleblower a disgruntled former employee who will say anything to win his or her case. So far, this is not working well for President Trump, whose accusation merely serves to shine a spotlight on his own questionable credibility.

Attacking a whistleblower’s credibility is an effective and pernicious tactic in many whistleblower cases. Once expelled from a company, a whistleblower is marginalized and alienated from former coworkers. The key witnesses continue to work at the company and, fearing retaliation, are reluctant to corroborate the whistleblower’s testimony. Though whistleblowers may still prevail (for example, by using documentary evidence), the attack on a whistleblower’s credibility is odious because the company fired the whistleblower precisely for having integrity.

Create a Post-Hoc Justification for Firing the Whistleblower

Prior to firing Mr. Comey, President Trump papered the file with a post-hoc justification for the firing. After the President decided to fire Mr. Comey, Deputy Attorney General Rod Rosenstein was tasked with drafting a memorandum to the Attorney General outlining concerns about Mr. Comey’s performance. Most of those concerns focus on Mr. Comey’s statements about the investigation of former Secretary of State Hillary Clinton’s use of a private email server. Surely President Trump knew of those public statements when he repeatedly asked Mr. Comey to remain as FBI Director (as long as he could pledge “loyalty” and drop the Flynn investigation).

In this case, the White House’s initial reliance on the Rosenstein memo as the basis for the decision to fire Mr. Comey backfired because President Trump told NBC anchor Lester Holt that he had decided to fire Mr. Comey regardless of the memo. In many whistleblower-retaliation cases, however, these types of pretextual memos may be persuasive. Some judges even rely on such memos, which mask the real reason for a firing or other adverse action, to grant the company summary judgment and deny the whistleblower a jury trial.

On the other hand, creating a post-hoc justification for a retaliatory adverse action sometimes misfires by providing strong evidence of pretext and spurring a jury to award punitive damages. For instance, a former in-house counsel at Bio-Rad Laboratories recently secured more than $11 million in damages at trial in a Sarbanes-Oxley whistleblower-retaliation case. The jury awarded $5 million in punitive damages because Bio-Rad had backdated a negative performance evaluation of the whistleblower that the company drafted after it fired him.

Focus on the Whistleblower’s Alleged Misconduct

To distract attention from what may be obstruction of justice, President Trump and his attorney have focused on Mr. Comey’s leak to the press and have alleged that the leak was unlawful. This accusation seems frivolous because Mr. Comey did not leak classified information, grand jury material, or other sensitive information. Instead, he revealed that President Trump had conditioned his continued service as FBI Director on his agreeing to drop the investigation of Flynn. As a private citizen, Mr. Comey has a constitutional right to blow the whistle to the media about this matter of public concern. Mr. Comey did not reveal to the media information from FBI investigative files or classified information. Yet President Trump and his allies compare Mr. Comey to leakers who illegally disclosed classified information. This is an appalling accusation against the former head of a law-enforcement agency.

But this is another standard corporate defense tactic in whistleblower cases. To divert attention from the wrongdoing that the whistleblower exposed, the company uses its substantial resources to dig up dirt on the whistleblower. The company or its outside counsel examines the whistleblower’s timesheets and expense reports with a fine-tooth comb to find any discrepancy, reviews every email to find some inappropriate communication, and places all of the whistleblower’s work under a microscope to find any shortcoming.

Sue the Whistleblower and Initiate a Retaliatory Investigation

Firing Comey, concocting a pretextual basis for the firing, and branding him a leaking liar apparently was not sufficient retaliation.  So shortly after his testimony, President Trump’s personal attorney announced his intention to sue Mr. Comey and/or file a complaint with the Department of Justice Office of Inspector General (OIG).  I am skeptical that a civil action against Mr. Comey or an OIG complaint poses any real legal threat to Mr. Comey.  To the contrary, such a complaint would likely pose a greater risk for President Trump, including potential counterclaims and the risk of being deposed or questioned under oath by the OIG.

The misuse of legal process against corporate whistleblowers, however, is an especially powerful form of retaliation in that it can dissuade a whistleblower from pursuing their claims.  When I defend against this form of abuse of process, I am always struck at the seemingly endless resources that the company will spend to prosecute claims lacking any merit or value.  Fortunately, these claims can go awry by spawning additional retaliation claims under the whistleblower protection laws.  And a jury can punish the employer for subjecting the whistleblower to abuse of process.

Why Whistleblowers Deserve Strong Legal Protection

In light of Mr. Comey’s distinguished record, he will likely bounce back and rebuild his career. But most corporate whistleblowers never fully recover. Too often they find their careers and reputations destroyed. Even when whistleblowers obtain monetary relief at trial, they are usually blacklisted from comparable positions, especially if they work in a small industry.

Mr. Comey’s experience as a whistleblower is a stark reminder of what can happen to any employee who is pressured by a powerful superior to engage in unlawful conduct or to cover up wrongdoing. When intimidation tactics succeed, the public suffers. The company could be covering up threats to public health or safety, environmental contamination, financial fraud, defective products, or any other conceivable harmful wrongdoing.

Courageous whistleblowers who put their jobs on the line deserve strong protection. As Congress embarks on a mission to gut “job killing” agencies, let us hope it will spare the very limited resources that are spent enforcing whistleblower-protection laws. Without such a large backlog of whistleblower cases, OSHA could have, for example, addressed the complaints of Wells Fargo whistleblowers years ago, potentially curbing or halting the bank’s defrauding of its customers. And Congress should consider filling the gaps in existing whistleblower laws. If Mr. Comey “lacked the presence of mind” to explicitly reject the President’s improper demand for him to drop the Flynn investigation, then surely most employees would also be reluctant to refuse an order to commit an unethical or unlawful act.

After Mr. Comey’s testimony, Speaker Ryan pointed out that “[t]he President’s new at this. He’s new to government.” Mr. Comey’s testimony should be a lesson for the President about how to treat whistleblowers. To make America great again, the President should abandon the Rambo litigation tactics that apparently served him well in New York real-estate disputes, and instead view whistleblowers as allies, not as enemies. As Tom Devine of the Government Accountability Project and I argue in an article in the Emory Corporate Governance and Accountability ReviewDraining the Swamp Requires Robust Whistleblower Protections and Incentives.

This article originally appeared at the Whistleblower Protection Law Blog on June 13, 2017, it is reprinted here with permission.

Jason Zuckerman represents whistleblowers nationwide in whistleblower rewards and whistleblower retaliation claims.  Recently Matt Stock and Zuckerman issued an ebook titled SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award.

Under Trump, coal communities are stuck between a rock and a hard place

Wednesday, April 26th, 2017

Blair Zimmerman, Pennsylvania’s Greene County Commissioner, knows coal. As a mine worker for 40 years and then a politician in southwestern Pennsylvania, he knows how important coal is to both the identity and economic stability of his community. He’s even called the White House a few times since President Donald Trump took office, asking the president—who ran on a platform of supporting coal miners that he argued had been forgotten by Washington—to renew health insurance for thousands of retired coal miners.

But he doesn’t think that anything Trump does will bring coal jobs back to levels seen in the industry’s heyday.

“The coal industry is going to be around for years, but to bring it back—that’s not going to happen. [Utilities] are not going to invest in fossil-fueled power plants,” Zimmerman said. When he talked about the promises Trump made to places like Greene County, a community of just over 36,000 situated on the state’s southwest border, Zimmerman laughed, raising his voice a little.

“He doesn’t have a plan. That was all political B.S.,” Zimmerman said. “He said it just to get elected.”

And it worked, because of places like Greene County—in November, Trump overwhelmingly carried the county’s vote, beating Hillary Clinton by 40 points.

One hundred days into his presidency, however, Trump’s actions to help coal communities have been limited to cutting environmental regulations that experts say will do little to help bring mining jobs back.

Meanwhile, Trump’s skinny budget, released in March, would cut funding to seven of the 12 federal programs aimed at revitalizing struggling coal communities. Since 2015, these programs have functioned together under the Partnerships for Opportunity and Workforce and Economic Revitalization, or POWER, Initiative. These Obama-era programs include things like workforce training, to help unemployed coal miners obtain necessary skills for finding new jobs, and economic development, to help new businesses move into these communities. According to a new Center for American Progress analysis, Trump’s proposed budget would cut at least $1.13 billion from these programs. ThinkProgress is an editorially independent news site housed at the Center for American Progress.

“A lot of the attacks in this budget make it clear that the Trump administration is not really concerned with helping coal miners.”

“Having the administration fund programs that direct money into economic development in the coalfields is really the only way to truly help people right now that are living and working in these communities,” Veronica Coptis, a lifelong Greene County resident and executive director of Coalfield Justice, told ThinkProgress. “A lot of the attacks in this budget make it clear that the Trump administration is not really concerned with helping coal miners, but more concerned with ensuring that coal companies continue to have more control.”

In Greene County, where the unemployment rate is currently 6.7 percent(about two percent higher than the national average), POWER Initiative funds have been hugely useful for the Southwest Corner Workforce Development Board, a body that oversees programs aimed at helping job seekers find employment and learn skills in southwest Pennsylvania.

Ami Gatts, who has worked for the Southwest Corner Workforce Development Board for 25 years, rising to the position of director two and a half years ago, said that the board has received over $1.5 million in POWER Initiative funds, which has paid for things like supportive services to help unemployed workers get computers or transportation for school, or training seminars aimed at helping out-of-work miners obtain new skills. Through POWER Initiative funding, for instance, the Southwest Corner Workforce Development Board can reimburse companies up to $8,000 taking a chance on an untrained worker. The employee gets a full salary, while the company is taking less of a financial risk on its new hire.

“When you cut those funds, we don’t have the money to train people to make a skilled workforce,” Gatts said. “It’s going to affect our employers, and it’s going to affect the people who need those skills. It’s very detrimental.”

Beyond cutting programs, however, Gatts said that Trump’s rhetoric about coal jobs coming back has a paralyzing impact on coal communities, where many workers would rather go back to familiar jobs than embark than learn a new trade or skills. Many unemployed coal workers have been hesitant to take advantage of the workforce training services provided to the community?—?because they are convinced that the coal industry, with Trump’s help, will rebound to its former glory.

“Every time I hear, ‘We are going to put the coal miners back to work,’ it stops our coal miners from moving forward.”

“Every time they put out hope, it stymies people. They just stop and they don’t move forward,” Gatts said. “Change is not something people welcome, and every time I hear, ‘We are going to put the coal miners back to work,’ it stops our coal miners from moving forward.”

The story of the fall of the coal industry has been one of a steady, decades-long decline, with the number of coal mining jobs falling from 177,500 in 1985 to just over 50,000 today. As both a candidate and as president, Trump has made a great many promises to coal communities devastated by a rise in automation and competition from natural gas and renewable energy. He has promised to repeal the Clean Power Plan, the Obama-administration’s signature domestic climate regulation aimed at tackling greenhouse gas emissions from the power sector. He has pledged to repeal environmental regulations aimed at protecting streams from mining pollution, and has promised to do away with other regulatory burdens that he argues have been killing the coal industry.

But while these moves may boost coal production slightly—and line the pockets of coal executives in the process—they will do little to stem the production of cheap natural gas or slow the automation of the coal industry. Utilities have already said that Trump’s recent actions have not changed their outlook on coal as an energy source, nor have the actions caused utility executives to reconsider previously scheduled coal plant closures. In short, Trump’s regulatory assault will do little to bring back coal jobs to the regions where he’s promised relief.

Mining jobs paid well—an average of $60,000 a year for people just starting in the industry. And finding unemployed miners jobs that pay similar wages is not easy—especially when workers lack particular skills that employers are looking for. Many unemployed miners, as well as potential employers, are either unwilling or unable to take on the financial burden of paying for a particular kind of skill training, which is why POWER Initiative funds have been so crucial for entities like the Southwest Corner Workforce Development Board in trying to address the gap between unemployed workers and potential employers.

“In order to get the skills, you need to have money to pay for the training,” Gatts said. “If you take that away from us, you’re not going to be offering our employers any trained workers.”

Both Gatts and Commissioner Zimmerman note, however, that POWER Initiative funds can only go so far—and that it means little to the community to have a trained workforce without opportunities for employment within the community.

“The future of the county needs to be the future, and that means looking beyond the coal industry.”

“We have to bring in other industries, and support the guys that are here now in the coal industry,” Zimmerman said. “The future of the county needs to be the future, and that means looking beyond the coal industry.”

Both Zimmerman and Gatts are looking to the technology sector as a potential new industry for Greene County—they argue that since tech work really only requires an internet connection, companies could find lots of potential workers in economically-depressed coal communities, as long as those communities have access to education and training. It’s a strategy that is similar in many ways to candidate Hillary Clinton’s proposed plan for revitalizing coal communities, which involved federal support for local education and training programs as well as major investment in expanding broadband access for rural communities.

Since 2015, Greene County has been partnering with a nonprofit called Mined Minds, which was started by tech consultant Amanda Laucher, who was born in Greene County but moved to Chicago to work in tech. Together with her partner Jonathan Graham, Minded Minds has begun offering coding bootcamps to teach software development and tech skills to unemployed miners and others in Greene County and the surrounding area.

“We strongly believe that there is talent in these areas,” Graham told ThinkProgress. And he said the program is mutually beneficial. “The tech industry is continuing to grow and getting a talented workforce is difficult and expensive.”

Graham and Laucher also offer their students both pre-apprenticeships—a combination of real world tech work and continuing workshops—as well as full apprenticeships. Mined Minds also works with companies from Silicon Valley to New York to help place graduates of the programs in tech jobs that can be done remotely, so that graduates don’t have to leave their homes, once they have completed the bootcamp and apprenticeships.

The Mined Minds programs, thus far, are self-funded, but POWER Initiative Grants have helped the Southwest Corner Workforce Development Board pay for some of the associated training costs for Greene County residents. Mined Minds also recently applied for their own POWER Initiative funds, with the hopes of expanding their boot camps and reaching more residents in southwest Pennsylvania and West Virginia.

“I think as a model, it makes sense. Having the support of grants means that we’re not taking all the risk ourselves in trying to bring more industry into an area,” Graham said.

He said that if the Trump administration were to cut POWER Initiative funding, it would slow—but not completely derail—their ability to expand their training programs.

“Don’t pull these funds. We need to help these people.”

But for Gatts, who has worked in economic development in this community for over a decade, losing federal funding would be a blow.

“I do think these programs are very necessary,” she said. “Don’t pull these funds. We need to help these people.”

This blog was originally posted on ThinkProgress on April 24, 2017. Reprinted with permission.

Natasha Geiling is a reporter at ThinkProgress. Contact her at ngeiling@americanprogress.org.

This week in the war on workers: Trump's top attacks on workers ... so far

Monday, April 24th, 2017

 

The Economic Policy Institute’s Perkins Project “tracks actions by the administration, Congress, and the courts that affect people’s wages and their rights at work,” and as we get to the end of Donald Trump’s first 100 days, they’ve provided a list of the top 10 things he and congressional Republicans have done to working people. Here’s a sample:

 

  1. Protecting Wall Street profits that siphon billions of dollars from retirement savers. At President Trump’s behest, the Department of Labor has delayed a rule requiring that financial professionals recommend retirement investment products that serve their clients’ best interests. The “fiduciary rule” aims to stop the losses savers incur when steered into products that earn advisers commissions and fees. The rule was supposed to go into effect April 10. For every seven days that the rule is delayed, retirement savers lose $431 million over the next 30 years. The 60-day delay will cost workers saving for retirement $3.7 billion over 30 years.
  2. Letting employers hide fatal injuries that happen on their watch. The Senate approved a resolution making it harder to hold employers accountable when they subject workers to dangerous conditions. The March 22 resolution blocks a rule requiring that employers keep accurate logs of workplace injuries and illnesses for five years. This time frame captures not just individual injuries but track records of unsafe conditions. President Trump said he would sign the resolution. If he does, employers can fail to maintain—or falsify—their injury and illness logs, making them less likely to suffer the consequences when workers are injured or killed. Blocking this rule also means that employers, OSHA, and workers cannot use what they learn from past mistakes to prevent future tragedies. If the rule is overturned, more workers will be injured, and responsible employers will be penalized.
  3. Allowing potentially billions of taxpayer dollars to go to private contractors who violate health and safety protections or fail to pay workers. The federal government pays contractors hundreds of billions of dollars every year to do everything from manufacturing military aircraft to serving food in our national parks. The Fair Pay and Safe Workplaces rule required that companies vying for these lucrative contracts disclose previous workplace violations, and that those violations be considered when awarding federal contracts. The rule was needed, as major federal contractors were found to be regularly engaging in illegal practices that harm workers financially and endanger their health and safety. On March 27, President Trump killed this rule by signing a congressional resolution blocking it. This will hurt workers and contractors who play by the rules, while benefitting only those contractors with records of cutting corners.

This article originally appeared at DailyKOS.com on April 22, 2017. Reprinted with permission.

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

Leaked Trump administration plan to close Chicago EPA office puts 1,000 jobs at risk

Wednesday, April 19th, 2017

President Donald Trump’s proposed cutbacks to the Environmental Protection Agency may include the closure of the agency’s regional office in Chicago, a move that could undermine the agency’s ability to monitor pollution in the Great Lakes and curtail its ability to implement enforcement actions against coal-fired power plant owners in the six-state region.

The workforce for the Chicago Region 5 office would be consolidated with the EPA office in Kansas, the Chicago Sun-Times reported, citing anonymous sources. Trump’s budget chief Mick Mulvaney singled out the EPA as a target for budget cuts and the agency, under the leadership of former Oklahoma attorney general Scott Pruitt, was tasked with choosing two regional office for closure by June 15. The identity of the other regional office has yet to be disclosed.

“This decision doesn’t make sense from an efficiency standpoint. Instead, this decision makes sense from an ideological standpoint,” Nicole Cantello, the head of the union representing agency employees in the region, told ThinkProgress. She received leaked information about the possible closure of the regional office and believes it accurately represents the intentions of the Trump administration.

Cantello, who also works as a lawyer in the EPA Region 5 office, added: “If you wanted to drive a stake through the heart of EPA enforcement and EPA’s ability to protect the country, this would be one way of doing it.”

News about the Trump administration’s plans to close the Chicago EPA office leaked the same week the agency discovered a potentially carcinogenic chemical had spilled from a U.S. Steel facility in Indiana into a tributary of Lake Michigan. U.S. Steel reported last Tuesday that it leaked an unknown amount of wastewater containing hexavalent chromium into a waterway in Portage, Indiana, within 100 yards of the lake.

The Region 5 office oversees environmental protection in six states surrounding the Great Lakes: Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. “It would be devastating to environmental protection in Region 5, the office that is the steward of the Great Lakes,” Cantello insisted.

A bipartisan group of lawmakers from the region are pushing back against the Trump administration’s proposal to eliminate the Great Lakes Restoration Initiative. In a March 30 letter to House appropriations committee leaders, the members of Congress explained the initiative “is showing real and measurable results, but there is still a great deal of work to do.”

EPA employees and environmental activists gather in Chicago on Feb. 6, 2017, to protest Scott Pruitt’s nomination as EPA administrator. CREDIT: AP Photo/Carla K. Johnson

Consolidating the two regions would make EPA Region 7, located in Kansas City, Kansas, the largest regional office in the nation, covering 10 states. Region 5 has expertise in dealing with the states in the upper Midwest and a deep knowledge of Great Lakes protection. “That expertise would be completely lost,” Cantello said.

Region 5 has only 500 employees, while Region 7 employs 1,000 staffers. “You could imagine how 500 people would be able to handle all the issues going on in 10 states,” she said. “It would be virtually impossible. Therefore, it would put people’s lives at stake. For the people who live in the six states, there won’t be an environmental cop on the beat.”

Under the administration’s plan, 3,000 EPA employees nationwide would lose their jobs. Closing the Chicago office, and eliminating its 1,000 positions, would help accomplish that goal. Whether any employees would be transferred to the Kansas office is unknown. But the EPA regional office in Kansas does not have adequate space to accommodate hundreds of new employees, Cantello said.

Rep. Dan Kildee (D-MI), whose congressional district includes the city of Flint, called reports of the proposed closure of EPA’s Chicago a “misguided” move that would jeopardize federal resources to help Flint recover from its water crisis.

“If true, the closure of the EPA’s Region 5 office —which serves Michigan and other states in the Great Lakes region—is very concerning,” Kildee said in an emailed statement. “EPA efforts to protect the Great Lakes through the successful Great Lakes Restoration Initiative are also critical to reduce pollution run-off and combat the threat of invasive species like Asian carp.”

EPA employees rallied in early February against the impending confirmation Pruitt as EPA Administrator, in what was the first protest by federal workers against the Trump administration. Roughly 300 people—a third of whom work for the agency—took to the street outside the agency’s Chicago regional office.

With the latest leaked information about the possible closure of the Region 5 office, Cantello said her union plans to work with members of Congress from the six states to fight back against the closure of the Chicago office.

The Trump administration plans to focus on regional offices for job cuts, not the EPA’s headquarters in Washington, D.C. Along with Chicago, employees housed in other regional offices are fighting back against the administration’s plans to gut the agency. In the EPA Region 3 office, the mood “is fear, dread,” Marie Owens Powell, an EPA enforcement officer and a local union leader, told National Public Radio’s Morning Edition.

The Philadelphia office employees hope they can persuade their representatives to save the EPA and convince friends and family to speak out in defense of the agency’s work, the union leader said. A recent poll by Quinnipiac University showed a large majority of U.S. voters oppose cutting EPA’s budget.

The proposed budget cuts are like nothing Cantello has seen in her 27-year career at the EPA. “I’ve been through many presidential transitions and have never seen this type of animosity toward our staff and animosity toward our mission,” she said. “George W. Bush, even though there were some things around the edges he wanted to do that were from a conservative bent, generally supported our mission.”

The Trump administration wants to let the states take over many of the duties of the EPA. “This idea that the states do the same work of the folks in the region is a fallacy supported by some Republicans but is not something that is a reality on the ground,” Cantello said. “The notion that there is duplication between what we do and what the states do is not reflected in reality. All the enforcement we do is requested by the states because they can’t do the work we do.”

In the six-state Midwest region, where coal-fired power plant capacity retains a sizable share of the electric power generating mix, the EPA Region 5 office has pending cases against coal plants for violations. “We don’t know if we will be allowed to follow through with those cases,” she explained. “We already have some cases on the docket against coal-fired power plants. We may not be able to get the cuts in environmental pollution that we would get under a regular course of business.”

This article was originally posted at Thinkprogress.org on April 17, 2017. Reprinted with permission.

Mark Hand is a climate reporter for Think Progress. Contact him at mhand@americanprogress.org.

The Trump Economy Myth and Job-Killing Policies

Thursday, April 13th, 2017

Making America Great Again; every time a U.S. company hires a hundred people, or even a dozen, President Trump’s support network blasts out the message that this is what he’s doing. Now they’re crowing that unemployment fell to 4.5 percent in March, even though many say this number underrepresents how many people are actually out of work.

Only 98,000 jobs were actually gained in the month, about half of what economists had expected. And even if these new jobs are something to crow about, it’s not as if they have anything to do with Trump.

Propaganda is one thing, but Trump’s actual policies will hurt job and wage growth once they kick in.

Obama Momentum

Remember when President Obama had been in office a few months, and the fiscal year 2009 deficit was reported to be $1.4 trillion? Right-wing propaganda outlets showed charts drawn to convey that the 2009 budget deficit was his fault.

The 2009 fiscal year budget ran from October 1, 2008 to September 30, 2009. Obama’s first budget year began the following month. The 2009 budget deficit wasn’t an “Obama deficit,” is was a Bush deficit. Obama did not have time to do anything. For the same reasons, the 2017 economy, and any health it has, is still Obama’s.

In fact, when Obama DID do something this is what happened:

That job reversal was the result of actual policies put in place by Obama, not Republican propaganda.

Propaganda, Not Policies

Like almost everything Republican, the Trump administration is almost entirely about propaganda, not actual, rubber-meets-road policy. Healthcare is the best example of this. After years of propaganda opposition to Obamacare, Republicans had no actual coherent, alternative policy plan to put forward, and were unable to come up with one when the opportunity came for them to do it. The actual policies they finally came up with would have caused 24 million Americans to lose their healthcare.

Propaganda might achieve a propaganda goal, policies get actual things done.

As of today, there is no real Trump economic policy in place. He has submitted a ridiculously extreme budget proposal. He has proposed to “study” trade. He has no real “trillion-dollar” infrastructure plan – his budget proposal actually cuts infrastructure spending – and his tax “reform” plan does nothing more than give corporations and wealthy people huge breaks.

Actual Trump Policies Undercut Jobs And Wages

Trump’s actual policies will undercut job and wage growth. Right off the bat, Trump’s budget proposal would eliminate as many 200,000 federal jobs.

Trump is trying to reverse the “overtime rule” that increases the salary threshold for receiving overtime pay from $23,660 per year to $47,476. This rule is a big deal and would mean that would immediately boost the pay of 12.5 million workers, if Trump allows it to go into effect. Even with the rule the percent of workers who are eligible for overtime pay would still be lower than it was in 1975.

Trump’s executive orders also undercut job and wage growth. He has removed protections against wage theft and rights violations by federal contractors, affecting one in five workers.

Another example of actual Trump policies affecting jobs is in the energy sector. Calling climate change a “hoax,” Trump wants to promote oil and coal jobs at the expense of wind and solar jobs. But the U.S. solar power industry now employs more workers than coal, oil and natural gas combined. He wants to gut the auto fuel economy rules, undercutting opportunities for renewable-fuel companies like Tesla to innovate.

Stocks Up But Trump Economy Is A Myth

The stock market has risen under Trump; Tomahawk missile-maker Raytheon stock just went way up. Cruise missile strikes aside, bumps like these aren’t based on economic fundamentals or sound projections, but instead on the expectation of windfalls for corporations and the already-wealthy stock-owning investor class through the huge tax cuts Trump has promised.

But beyond momentary market gains,  the idea of a booming Trump economy is a myth – at least for people who work. There are no actual policies, existing or on the horizon, aimed at actually boosting jobs and wages. Only bluster. In fact, Trump has said we need to reduce American wages to the point where we can be “competitive” with Mexico and China. Yes, he said that.

His executive orders so far undercut jobs and wages. His budget eliminates jobs. His dramatic cuts in the things government does to make our lives and economy better — education, scientific research, regulation, etc. — will eat the seed corn of our future prosperity.

Trump does not offer real policy, only the propaganda of the moment, to be reversed at the next moment if convenient.

This post originally appeared on ourfuture.org on April 10, 2017. Reprinted with Permission.

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.

Trade Is Trump’s Biggest Broken Promise

Monday, April 3rd, 2017

Say anything – literally anything – to sway working-class voters. Get elected, then loot the country. Hey, it worked for this guy.

If there was a singular issue Trump campaigned on, it was trade. Everywhere he went, Trump swore the North American Free Trade Agreement (NAFTA) was “the worst trade deal maybe ever signed anywhere” and “a rape of our country” – and whatever else he needed to say to sway working-class voters who felt betrayed by our economy and our trade deals.

Like other candidates before him, Trump wanted to win votes in places like Ohio, Pennsylvania, Michigan, Wisconsin and other states devastated by the loss of manufacturing jobs to “trade.”

In his speeches he complained that candidate Hillary Clinton had aligned herself with a”financial elite” to “betray” working people.

“Globalization has made the financial elite who donate to politicians very wealthy. But it has left millions of our workers with nothing but poverty and heartache.

[. . .] Hillary Clinton and her friends in global finance want to scare America into thinking small – and they want to scare the American people out of voting for a better future.

My campaign has the opposite message.

Later, he outlined specific complaints about the content of trade agreements, referring to Trans-Pacific Partnership (TPP) signed by President Obama, but clearly he meant multilateral trade deals in general. He said these trade deals had left decision-making to “an international commission” and that they do nothing about “currency cheaters.”

The “international commission” he refers to is a provision in trade agreements knowns as Investor-State Dispute Settlement (ISDS), more commonly known as “Corporate Courts.”

It would give up all of our economic leverage to an international commission that would put the interests of foreign countries above our own.

It would further open our markets to aggressive currency cheaters.

Specifically about ISDS provisions,

The TPP creates a new international commission that makes decisions the American people can’t veto.

These commissions are great Hillary Clinton’s Wall Street funders who can spend vast amounts of money to influence the outcomes.

Of course, that was then.

Never Mind

Trump, who campaigned promising to “drain the swamp” in Washington, has filled his administration with the very swamp creatures his voters hated. Billionaires, Goldman Sachs executives, lobbyists, and so on.

Now the very “financial elite” he railed about during the campaign appears to be having its way with him on trade. If the details in a draft letter circulated to members of Congress this week are true, Trump is not scrapping NAFTA after all.

In fact, he’s not even addressing what he had said were his biggest concerns in the trade agreement. A NY Times report explains,

Rather than scrap NAFTA’s arbitration tribunals, regarded by some free-trade critics as secretive bodies that give private corporations unbridled power to challenge foreign governments outside the court system, the letter proposed to “maintain and seek to improve procedures” for settling disputes.

It made no mention of currency policy, an issue many trade experts had thought might be on the table.

Trump wants minor tweaks to the agreement. ISDS still there. Nothing about currency. Too bad. Sad!

“The Same Corporate Wish List”

There were a number of reactions to Trump’s NAFTA reversal.

“Mostly what I see here is the same corporate wish list and a set of international rules that work quite well for global corporations,”  said the AFL-CIO’s trade policy specialist, Celeste Drake, to Politico.

AFL-CIO President Richard Trumka weighed in as well:

This draft leaves standing the worst and most oppressive parts of NAFTA. It leaves in place the right of foreign investors to sue the U.S. in private tribunals in order to skirt health, safety and environmental laws. On other important issues, including rules of origin for automobiles, labor and environmental standards, currency misalignment and procurement, the draft plan is either silent or so vague that it could be describing the now defunct Trans-Pacific Partnership – an agreement working people wholeheartedly opposed.

Rewriting the rules of our economy, and specifically changing the way we do trade, was one of the most important issues that voters went to the polls on. If the president wants to keep his promises, he needs to bring that same tough stance he had on the campaign trail to renegotiating America’s trade deals.

Politico’s Morning Trade carried reactions from Democrats in Congress:

Rep. Bill Pascrell, the ranking member of the House Ways and Means Trade Subcommittee, called it “baffling” that the draft left out currency manipulation, which Trump had made a signature campaign issue – “let alone call for strong and enforceable commitments.” “And I do not get the sense that the administration yet understands the importance of ensuring full implementation of international labor standards in Mexico to ensure the competitiveness of U.S. workers in the North American market,” the New Jersey lawmaker added in a statement.

So there it is. The guy who set up Trump University has now set up the Trump administration. It is staffed by family members, Breitbart editors, kooks, and, of course, the upper crust of the very “financial elite” he supposedly ran against.

After scarcely two months in office, the new administration is under investigation for violations ranging from breaking ethics rules to corruption and espionage. Trump has spent roughly a third of his time as president vacationing at his Mar-a-Lago golf resort in Florida and other Trump properties, with the government paying a huge tab – to him – for Secret Service, staffers and others who are along for the ride.

He said what he had to say to win. Now we’re stuck.

This post originally appeared on ourfuture.org on March 31, 2017. Reprinted with Permission.

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.

 

Modern-day Braceros: The United States has 450,000 guestworkers in low-wage jobs and doesn’t need more

Friday, March 31st, 2017

On César Chávez Day, lost in all the news about the Trump administration’s criminalization and scapegoating of immigrants and attempts to withhold federal funds from cities with policies that protect immigrants, are the 450,000 low-wage-earning migrant workers employed in the United States through the H-2A, H-2B, and J-1 visa temporary foreign worker programs. Many of the workers in these temporary visa programs are in a precarious situation and vulnerable to abuse and retaliation at the hands of employers and their agents.

These “guestworkers” often arrive in the United States in debt, and are tied to and controlled by their employers. Research shows guestworkers are often paid lower wages than similarly situated U.S. workers, and earn wages similar to those of undocumented immigrant workers. This is reminiscent of the Bracero Program—a large guestworker program in the 1940s, 50s, and 60s that admitted hundreds of thousands of Mexican workers to work temporarily on U.S. farms and in other low-wage occupations—and which César Chávez fought against. Chávez knew that exploited, indentured, and underpaid workers would degrade labor standards for all workers in the United States, including immigrants. After scandals, political pressure, and President John F. Kennedy campaigning against it, the program was terminated in 1964.

Sadly, America has not learned its lesson. The United States is repeating an historical mistake, once again admitting large numbers of guestworkers in low-wage occupations. With the possibility looming that the Trump administration will reduce enforcement and oversight in guestworker programs—which will be further exacerbated if Trump’s proposed 21 percent budget cuts to the Department of Labor (DOL) are enacted—the United States may once again face scandals like the one where the bodies of guestworkers who died in a traffic accident were not immediately claimed, because farm labor contractors and agricultural growers argued over who their employer was.

A snapshot of today’s low-wage guestworker programs

The H-2A program allows employers to hire workers from abroad for agricultural jobs that normally last less than one year, including picking crops and sheepherding. There is no numerical limit on H-2A visas, and in recent years, the H-2A program has grown sharply, doubling over the past five years to 134,000 workers, and accounting for nearly 10 percent of the crop labor force.

H-2B workers are employed in seasonal (nine months or less) low-wage nonagricultural jobs like landscaping, forestry, food processing, hospitality, and construction. There is an annual numerical limit of 66,000, but workers often stay longer than one year or have their stay extended. Despite the cap on the H-2B program, a “returning worker exemption” allowed 85,000 new visas to be issued in 2016.

The J-1 visa is part of the Exchange Visitor Program, a cultural exchange program run by the State Department that has 14 different J-1 programs, including programs that permit Fulbright Scholars to come to the United States, but also five de facto low-wage guestworker programs. J-1 workers in low-wage occupations are au pairs, camp counselors, maids and housekeepers, lifeguards, and staff restaurants, ice cream shops and amusement parks and national parks like Yellowstone. Only one of the five programs is numerically limited: the Summer Work Travel program is capped at 109,000 per year.

Numerous media reports and legal proceedings have documented how H-2A, H-2B, and J-1 guestworkers are treated poorly. For example, Buzzfeed News asked whether H-2A and H-2B are “The New American Slavery?” and Politico Magazine reported this week that the State Department covered up and lied about thousands of complaints received from J-1 workers. Immigrant worker advocates have been sounding the alarm bells about all three programs for years, but the employers who hire guestworkers continue to lobby for more visas and fewer rules that protect workers.

So, how many workers are employed in these three programs? Calculating the number of workers is not straightforward, and the government does not publish reliable data by visa. Using the same methodology I developed in this report, I estimate in Table 1 below that there were over 270,000 low-wage workers employed in the H-2A and H-2B programs in 2016.

 
Table 2 shows that the number of J-1 workers in low-wage occupations was 167,960 in 2015, and the number in 2016 was likely similar (2016 data on J-1 are not available).

Modern-day low-wage guestworker programs larger than Bracero at its peak

The grand total of guestworkers employed in low-wage occupations in all three programs in 2016 is 438,190 (Table 3), close to half a million, but many were not employed in the United States for the entire year. On average, H-2A workers were in jobs certified to last for seven months, more than half of the H-2B workers counted were employed for the entire year, and most J-1 workers counted were employed for four months, but one-third worked for the entire year.

Comparable estimates for the number of temporary Bracero workers are difficult to come by. The most commonly cited statistic is that there were almost 450,000 Braceros “admitted” in the peak year of 1956, meaning that this many workers authorized through the Bracero program entered the United States. However, using admissions to count unique workers, as many reports have done, is misleading. For example, the number of H-2A workers admitted in 2015 was more than 2.5 times the number of visas (a proxy for the number of workers) issued that year, in part because some H-2A workers live in Mexico and commute daily to jobs in the Arizona and California deserts, generating an individual, counted admission each time they enter the United States.

A Bracero worker’s job could last from six weeks to six months, also making it difficult to count the actual number of workers. To get a better measure of how many Bracero workers there were and what their impact was on the labor market, the DOL calculated the average annual number of Bracero workers, generating an estimate of full-time equivalent workers. The table below, from a 1973 study, shows 125,700 full-time equivalent (FTE) Bracero workers in 1956, the peak year for admissions, suggesting a ratio of 3.5 Bracero admissions per FTE job. The peak year for FTE Braceros was in 1959, at 135,900. (Ignore the number of “immigrants” below, which represents Mexican nationals who became permanent residents in those years.)

A similar “annual average” calculation of temporary, low-wage foreign workers present in the United States in 2016 would be lower than 438,000; but how much lower depends on the length of time that each individual worked in the United States. However, no matter how you count, there’s no question that there are more low-wage guestworkers today than there were Bracero guestworkers in the peak year for either Bracero admissions or FTE workers.

Lobbying blitz around guestworker programs is already underway, and will be exacerbated by the Trump administration’s immigration enforcement

Through an executive order, President Trump has already redefined the priorities for deportation so broadly that nearly every unauthorized immigrant is now considered a priority for detection and removal, and his administration is expected to step up enforcement against unauthorized migration on the southern U.S. border and at worksites within the interior of the United States. This will impact the five percent of the U.S. labor force that is comprised of unauthorized immigrant workers. Two-thirds of the entire unauthorized population has lived in the United States for at least 10 years, and unauthorized migration over the Mexico-U.S. border is at historically low levels, which means the Trump administration will mostly be trying to remove long-term residents who are integrated into the United States through employment and family ties.

If a significant number of unauthorized immigrants are removed and fewer new workers arrive, employers are likely to request more guestworkers, particularly in agriculture, landscaping, hospitality, and construction. Employers seeking new workers are likely to pressure the Trump administration and Congress to create new temporary foreign worker programs and/or expand the current programs, as well as to loosen and curb the enforcement of rules that protect migrant and U.S. workers. Specifically, employers are pressing Congress to eliminate the requirement to provide housing for H-2A workers and they want to remove the cap on H-2B visas.

This corporate lobbying blitz has already gotten underway, as many low-wage employers have become addicted to having indentured employees who can’t complain or legally search for a better U.S. job. Just yesterday, the Wall Street Journal editorial board called for more guestworkers in low-wage jobs, warning of a “growing labor shortage” in agriculture and construction. But they failed to mention that the earnings of most farmworkers are still extremely low and that the latest JOLTS data from the Bureau of Labor Statistics show there are three unemployed construction workers for every job opening—not exactly signs of a dire shortage.

Both Democrats and Republicans seem to have a soft spot for employers seeking low-wage guestworkers. At a recent hearing, Republican Governor Sonny Perdue and Democratic Senator Kristen Gillibrand discussed and described the H-2A program as too “cumbersome” for farm employers, even though there is no limit on the number of H-2A workers they can hire and DOL has processed 99 percent of applications in a timely way in 2017. Low-wage nonfarm employers persuaded 32 legislators to sign a bipartisan letterasking the Department of Homeland Security (DHS) to audit the H-2B program in an effort to build support to expand the program (by exempting returning workers from the 66,000 a year cap). Republican-sponsored legislation to do just that—exempt returning H-2B workers from the annual cap—was introduced in the House this month, with two Democratic co-sponsors.

Does the United States need to expand its modern-day Bracero programs?

Changing and loosening the rules in work visa programs could lead to a quick doubling of the number of low-wage guestworkers in the United States. Is one million low-paid, exploitable, indentured workers—who have no path to lawful permanent residence and citizenship—what the U.S. economy needs? César Chávez would say, “No!” Migrants who come to the United States and contribute to the economy should be afforded civil, human, and labor rights, and a chance to become American.

Furthermore, the number of jobs for workers with a high school degree or less has not yet recovered to the pre-recession levels of late 2007, and wages for less-educated workers have stagnated. In other words, labor market indicators do not suggest the United States needs more low-wage guestworkers. Then why are employers and Congress fixated on this? Changing the low-wage labor market in this manner deserves a fully informed public debate and Congress should be held accountable. Any expansion of low-wage guestworker programs should not occur through deregulation at the federal agency level or via must-pass omnibus appropriations legislation, as has occurred time and time again over the last decade.

This article was originally posted at EPI.org on March 31, 2017. Reprinted with permission.

Daniel Costa has been director of immigration law and policy research since 2013, having joined EPI in 2010 as an immigration policy analyst. An attorney, his current areas of research include a wide range of labor migration issues, including the management of temporary foreign worker programs, both high- and less-skilled migration, immigrant workers’ rights, and forced migration, including refugee and asylum issues and the global migration crisis.

Trump revokes executive order, weakens protections for LGBT workers

Wednesday, March 29th, 2017

An executive order President Trump signed Monday rescinded an executive order President Obama implemented that would have required companies that contract with the federal government to provide documentation about their compliance with various federal laws. Some have argued that this will make it harder to enforce the LGBT protections President Obama implemented for employees of federal contractors—as well as many other protections those workers enjoyed.

Trump rescinded the Fair Pay and Safe Workplaces order, also known as Executive Order 13673, that President Obama issued in 2014. That order required companies wishing to contract with the federal government to show that they’ve complied with various federal laws and other executive orders. Notably, Obama issued that order in tandem with Executive Order 13672, which prohibited contractors from discriminating on the basis of sexual orientation or gender identity.

Executive Order 13673 was enjoined by a federal judge in Texas back in October, but had it been implemented, it would have improved accountability for businesses that contract with the federal government. Enforcement of 13672, the LGBT protections, does not require this order, but would have been stronger with it. Whatever its fate in court may have been, it’s now gone forever.

LGBT people are particularly vulnerable to discrimination, even with 13672 still in place. Obama’s LGBT executive order amended previous presidential orders that also protected the employees of contractors on the basis of race, color, religion, sex, national origin, disability, and age, but all of those other categories are also afforded protection under various federal laws (the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act). Sexual orientation and gender identity are the only identity categories without explicit nondiscrimination protections under federal law, and fewer than half the states offer LGBT protections at the state level. That means Obama’s executive order is the only legal force protecting over a million workers.

Camilla Taylor, senior counsel at Lambda Legal, was the first to raise concerns that this change would impact the LGBT community. As she explained to Keen News Service, “It’s sending a message to these companies…that the federal government simply doesn’t care whether or not they violate the law.”

National Center for Lesbian Rights Executive Director Kate Kendell also said in a statement, “President Trump’s quiet take-down yesterday of federal safeguards against employment discrimination for millions of LGBT Americans is yet another example of why our elected officials, advocates, and our community must remain vigilant and continue working together to stop this administration’s regressive and harmful policies.”

When a draft of a “religious freedom” executive order that would have licensed discrimination against LGBT people was circulating, the White House tried to stir up some positive press by promising that it would “leave in place” Obama’s 2014 order protecting LGBT workers.

“President Trump continues to be respectful and supportive of LGBTQ rights,” the statement read. The New York Times’ Jeremy Peters fell over himself to praise the statement for using “stronger language than any Republican president has before in favor of equal legal protections for gay lesbian, bisexual, and transgender people.”

It’s not a surprise, however, that Trump is walking back other executive orders that weaken the LGBT protections. Trump promised to undo all of Obama’s executive orders.

That “religious freedom” executive order hasn’t gone away either. A month after the draft leaked and the White House assured LGBT people it wasn’t signing it at that time, White House Press Secretary Sean Spicer told The Heritage Foundation’s Daily Signal that it was still coming. “I think we’ve discussed executive orders in the past, and for the most part we’re not going to get into discussing what may or may not come until we’re ready to announce it,” he said at the time. “So I’m sure as we move forward we’ll have something.”

This article was originally posted at Thinkprogress.org on March 29, 2017. Reprinted with permission.

Zack Ford is the LGBT Editor at ThinkProgress.org. Gay, Atheist, Pianist, Unapologetic “Social Justice Warrior.” Contact him at zford@thinkprogress.org. Follow him on Twitter at @ZackFord.

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