Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘wage theft’

Freelancing Ain't Free

Tuesday, September 12th, 2017

When is the moment in time for a freelance writer that a late payment becomes wage theft, and what do you do about it?

 For A.J. Springer, who recently moved to the District of Columbia, the line was April 27, 2017, when he went public in a Chicago Tribune news story about the $1,755 owed him at the time for pieces he wrote for the magazines Ebony and Jet.

It’s hard to step forward as a freelance writer, and publicly demand payment. “A lot of people were uneasy or afraid to speak out. There are no protections for freelancers, and a lot of people are afraid of losing future work,” Springer said.

The Establishment first broke the nonpayment story, which spurred Larry Goldbetter, president of the National Writers Union (NWU)/UAW Local 1981, to start emailing and calling writers to say his union could help.

The NWU has a long history of fighting for freelance writers, filing suit against media companies in the 1990s to win back pay for those whose works had been sold and resold to databases. (Some writers actually received checks in the mail, out of the blue. As a freelance writer at the time in Boulder, Colorado, I was one of them.)

When Goldbetter reached Springer, he immediately joined the NWU, and so did other unpaid Ebony and Jet freelance writers.

Goldbetter says the list has been growing week by week since the campaign to get Ebony and Jet to pay hit the mainstream.

Six writers had come forward in early May. After Labor Day, the NWU filed a lawsuit against Ebony Media Operations and its parent company, Clear View Group, for allegedly violating the contracts of 37 freelance writers, editors and others who are collectively owed more than $70,000. The case was filed in Cook County, Illinois.

“Oftentimes, freelancers are at the mercy of the publications they write for,” Goldbetter said. “They often lack union protections other workers have and many are afraid of being blackballed for speaking up about nonpayment.”

Earlier in August, the National Association of Black Journalists presented Ebony with its Thumbs Down award, and unpaid Ebony writers attended the conference for free.

The decision to go public has paid off, at least in part, for Springer. He received about $1,100. He’s one of the writers suing the magazines.

Early in his journalism career, when Springer was still a high school student in Las Vegas, he learned of the power of the press. He interviewed the new school superintendent, who used a racial epithet. When the story broke, the superintendent was fired.

Now, with a master’s degree and more than a decade of paid writing and radio work behind him, Springer is thoughtful about a different kind of power—the kind you build together, through communication.

“When this issue came up, I was in a position to speak loudly and boldly,” he said. And so he did. “I knew if I lost any potential work, I’d be OK. It was important to organize and to speak out.”

Lost wages, serious illness and poor labor standards: The dangers of rebuilding Texas and Florida

Monday, September 11th, 2017

As Texas prepares to rebuild after Hurricane Harvey devastated much of the state, and Florida starts picking up the pieces from the destruction wreaked by Hurricane Irma, emergency workers may face exploitation for the sake of greater profits and speedier project completion.

Past abuses after similar natural disasters have left laborers without all of their wages and with serious illnesses that could have been prevented with proper supervision and training, labor experts say. A large portion of these workers are undocumented and likely afraid to alert authorities when their rights are violated. On top of that, the Trump administration’s approach to labor protections doesn’t inspire confidence, according to workers’ safety experts who spoke to ThinkProgress.

Forty percent of Houston construction workers do not have health insurance, retirement, life insurance, sick leave, and paid time off, according to a 2017 report from the Austin-based Workers Defense Project, an organization that advocates for better health, safety, and labor standards. The report was the result of interviews with over 1,400 construction workers. On average, a construction worker dies once every three days in Texas because of unsafe working conditions.

Texas is also the only state in the country that doesn’t require any form of workers compensation coverage, said Bo Delp, Director of the Better Builder Program at Workers Defense Project.

“After disasters like Katrina, there is a lot of construction going on — rebuilding, repairs, and remodels, and a lot of exploitation as well. Texas is a uniquely bad state for construction workers in terms of conditions,” Delp said. “That is compounded with a disaster like Harvey, when we know, in other contexts, that this has led to exploitation on an unprecedented scale.”

“After disasters like Katrina, there is a lot of construction going on — rebuilding, repairs, and remodels, and a lot of exploitation as well.”

Studies after Hurricane Katrina found that wage theft and unhealthy working conditions were rampant and that undocumented workers were particularly vulnerable. A 2006 study from the New Orleans Workers Center for Racial Justice found that 61 percent of surveyed workers had experienced workplace abuses such as wage theft and health and safety violations. A similar 2009 study by the University of California, Berkeley found that there were concerning differences in conditions for undocumented versus documented workers. Thirty-seven percent of undocumented workers said they were told they might be exposed to mold and asbestos, while 67 percent of documented workers reported they had been informed. Only 20 percent of undocumented workers said they were paid time and a half when they worked overtime.

Delp said that there are “good honest contractors” in the state, but he is concerned about “fly-by-night” contractors who will eschew safety measures to get things done cheaply and quickly.

Sasha Legette of the Houston Business Liaison works alongside community partners and policymakers, including the mayor’s office, to ensure better wage and safety conditions for workers. So far, she said that she has been impressed with Mayor Sylvester Turner’s response to the disaster. But she hopes the state doesn’t rush it in a way that could harm workers.

“We know that the water and flooding has created a very toxic environment and what we don’t want to see happen is that workers or that the city is so eager to rebuild that the safety of those who are going to do that work is not taken under consideration,” Legette said.

“They can identify hazards and prevent the need for OSHA to have to enforce after the fact,” Goldstein-Gelb said.

Sharon Block, executive director of Harvard University’s Labor and Worklife Program and former principal deputy assistant secretary for policy at the U.S. Department of Labor, said she is concerned about the administration’s potential response to the recent disasters.

Often, OSHA will begin with “compliance assistance mode,” which means they will help employers comply with rules, and then will eventually move to enforcement mode. But the Bush administration never moved into enforcement mode after Katrina, and she worries that the Trump administration could do the same.

Block is also worried about whether there are enough resources at the agency. In addition to the proposed cuts and business-friendly approach of the administration, there is no OSHA chief.

“They don’t have real leadership in the agency,” Block said. “So having watched Sandy and the Gulf oil spill, these sort of unexpected disaster responses, even for an agency like OSHA, it’s really complicated and it’s really resource intensive.”

“Based on their level of staffing and resources and everything else about their approach on worker protection issues, I’d be worried about how workers post-Harvey and post-Irma are going to be effective.”

“There is a lot at risk,” Block added. “Based on their level of staffing and resources and everything else about their approach on worker protection issues, I’d be worried about how workers post-Harvey and post-Irma are going to be effective.”

There are some potential downsides to not having an OSHA chief at a time like this, such as getting assistance from FEMA to do work on the ground to address workers’ health and safety needs, said Barab.

“A lot of the activity around these national disasters involves agencies working together,” Barab said. “It requires agencies having frank and candid conversations, [such as] getting FEMA to be more accommodating to the health needs of workers. It always helps to have a higher level person doing that.”

In order to get OSHA staff to hurricane-affected areas in Texas or Florida, OSHA would have to transfer some compliance and enforcement staff there temporarily. But this is expensive and the agency has been chronically underfunded. To reimburse the expenses of doing this, FEMA can provide supplemental assistance, Barab explained, but the state must request this and, on top of that, the state has to contribute 25 percent of the funding.

“To pony up about 25 percent of cost — we haven’t seen a lot of states willing do that. I am not optimistic about Texas and I don’t see them wanting to spend money to get more OSHA enforcement there,” Barab said. “FEMA has the ability to waive that requirement, but they generally don’t, and didn’t, in fact, after [Hurricane] Sandy.”

 One of the other challenges facing OSHA will be outreach to undocumented workers who may be concerned about reporting safety and wage violations. Barab said the government needs to send a message that the U.S. Immigration and Customs Enforcement (ICE) agency will not be involved if workers want to report violations. But because many workers will feel uncomfortable going to a government official in any situation, OSHA needs to maintain relationships with local nonprofits.

“We already had pre-existing relationships with nonprofits that were continuing to train immigrants and day workers during [Hurricane] Sandy,” Barab said. “In terms of being able to reach out to OSHA, the nonprofits had a relationship with these workers and other groups had relationship with OSHA.”

Marianela Acuña Arreaza, executive director of Fe y Justicia Worker Center in Houston, an organization that helps low-wage workers learn about their rights and organizes workers, said the group has been through post-disaster health and safety trainings and has a healthy relationship with the local OSHA office. The center is educating workers on what kind of respirators to use if they’re working in a structure that has mold, for example, while also keeping an eye on any worker safety and wage violations. The center has also benefited as subgrantee from the Susan Harwood program for the last five years.

“Undocumented workers specifically fear retaliation in terms of losing a job or an employer calling ICE on them, and that happens a lot. It is definitely a barrier for people to come forward,” Acuña Arreaza said. “Even other immigrants who have other statuses — some of the fears are similar because they are still worried about losing their job or having their employer retaliate.”

“We try to repeat that and and say, ‘No, you have rights.’ And people start getting it after we repeat it enough.”

By having a staff of mostly immigrants, she said the organization has created an environment where undocumented workers would feel comfortable, never asking workers about immigration status, and working with other nonprofits and local churches to encourage people to come in.

“We try to repeat that and and say, ‘No, you have rights.’ And people start getting it after we repeat it enough,” Acuña Arreaza said. “But there is a huge disconnect that comes from documentation but also comes from not being able to speak English or fully speak English, other cultural barriers, and racism. Lacking papers does not help, but there is this layered separation from justice in the system of worker rights.”

This article was originally published at ThinkProgress on September 11, 2017. Reprinted with permission. 

About the Author: Casey Quinlan is a policy reporter at ThinkProgress. She covers economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

How Ending DACA Hurts All Low-Wage Workers

Tuesday, September 5th, 2017

This morning Attorney General Jeff Sessions announced that the Trump administration will “wind down,” and in six months, end Deferred Action for Childhood Arrivals (DACA), a Department of Homeland Security initiative put in place in 2012 that temporarily deferred the deportation of approximately 800,000 young immigrants who were brought to the United States as children. DACA has been an unqualified success and has benefited not only the DACA recipients themselves, but also the country and the economy.

The young immigrants who met the requirements and passed the necessary background checks for DACA were promised by the federal government that they would not be removed from the United States for two years at a time, as long as they kept applying to renew, kept a clean criminal record, and were either enrolled in school or graduated, or serving in the military or honorably discharged. Because of these requirements, we know that nearly all of the recipients are deeply integrated into their local American communities and labor markets.

Along with protection from removal, DACA recipients are entitled to receive an employment authorization document (EAD), allowing them to be employed in the United States legally, along with certain other benefits. More than 100 legal experts and 20 state attorneys general have recently argued that DACA is a lawful use of the executive branch’s prosecutorial discretion, and as I have written before, the granting of an EAD to deferred action recipients is clearly authorized by statute. Together this means that eliminating DACA is entirely a political decision and not a legal one. The impact of this political decision is significant: 800,000 young immigrants—many of whom have never known another country except when they were small children—will become instantly deportable and lose the ability to work legally and contribute to the United States, and will be effectively left without labor rights and employment law protections in the workplace.

To call this decision tragic is an understatement. Not only is it inhumane—after President Trump promised to treat DACA recipients with “heart”—but the evidence is clear that DACA has positively benefited the U.S. labor market. The vast majority of DACA recipients are employed, 87 percent, and on average DACA recipients saw their wages increase by 42 percent after receiving an EAD. Those gains—and the higher tax revenue to the federal and state and local governments that have accompanied it and benefited public coffers—are now in jeopardy.

President Trump has also repeatedly voiced his desire to help improve working conditions for American workers, but by ending DACA he is harming the U.S. citizens and lawful permanent residents who are employed alongside DACA recipients. Once DACA recipients lose their work authorization, they will effectively be unable to complain when they are paid below the minimum wage, aren’t paid for overtime hours, or when their employer subjects them to unsafe conditions at the workplace. All immigrant workers who are unauthorized are often too afraid to speak out when employers take advantage of them, because they know their bosses can threaten them with deportation and use their immigration status to retaliate against them. The impact of this is not theoretical: research has shown that unauthorized immigrants suffer much higher rates of wage theft than U.S. citizens. The reasonable fear unauthorized workers feel keeps them docile and quiet, which in turn diminishes the bargaining power of Americans who work alongside unauthorized workers. Ending DACA and forcing these young workers out of the formal, regulated labor market, thus making them easily exploitable, will not help American workers, it will do the opposite.

Ending DACA will destroy the educational and employment prospects of 800,000 young immigrants who did nothing wrong, while at the same time hurting the wages and labor standards of American workers. If President Trump were serious about improving labor standards for working people, he would reconsider and reverse his decision.

 This blog originally appeared at In These Times on September 5, 2017. Reprinted with permission.
About the Author: 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 reversal of Obama-era labor rule is great news for corporations

Friday, June 23rd, 2017

A transgender woman is suing McDonald’s and the owner of the franchised restaurant she worked for after allegedly experiencing sexual harassment and discrimination.

La’Ray Reed said a coworker asked if she were a “boy or girl,” “top or bottom,” or what her “role” was “in the bedroom.” She said she was groped and spied on while using the public toilet.

But for Reed to hold McDonald’s responsible for her alleged mistreatment, her lawyers have to prove that McDonald’s should be held responsible as a joint employer—not just the owners of the franchised restaurant. There is a question of whether the Labor Department’s recent decision to rescind the standard for determining who is a joint employer will hinder her ability to seek justice. The Obama administration’s standard went beyond simply looking at who sets wages and hires people, and considered a worker’s “economic dependency” on the business.

McDonald’s has resisted this legal responsibility for many years, and says it does not have control over things like pay and working conditions at franchised restaurants. In 2016, McDonald’s settled a wage-theft class action through a $3.75 million payment that allowed it to dodge responsibility. McDonald’s released a statement that said it “reconfirms that it is not the employer of or responsible for employees of its independent franchisees.”

Industry groups have been pushing against efforts to call businesses like McDonald’s joint employers for many years now. In 2015, Matt Haller, a lobbyist at the International Franchise Association called a 2015 National Labor Relations Board ruling on whether a recycling company could be called a joint employer, “a knife-to-the throat issue for the franchise model.” He told the Washington Post, “You’d be hard pressed to find a business that shouldn’t be concerned about the impact of this joint employer standard.” Haller said IFA was “pleased” at the department’s decision to rescind guidance this month.

But there is certainly hope for La’Ray Reed, and other workers like her who are experiencing discrimination or issues such as wage theft at work. Since the joint employer guidance does not have the full force of law, it is not as important to these cases as existing tests for determining if an employer relationship exists. Under the economic realities test, applied under Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act, among other laws, a relationship exists if someone is economically dependent on that business. Paul Secunda, professor of law at Marquette University, who teaches on employment discrimination law, said this test will play a much bigger role in determining whether an employee can hold McDonald’s responsible for discrimination.

“Just the Trump administration withdrawing this guidance does not mean in any way that these claims are doomed to failure or are otherwise are not plausible,” Secunda said. “Because what matters the most with employment law is focusing on employment discrimination under Title VII and what other state laws apply there.”

‘This control standard is the standard that has been in place since the 1950s and ‘60s, and so it doesn’t make sense to have different standards under different laws. It only makes sense to hold liable those who control what happens in the workplace,” Secunda added.

Representatives of Fight for $15, a group of fast food workers, teachers, and adjunct professors advocating for better pay backed by the Service Employees International Union, said McDonald’s has failed to enforce its own policies.

“The growing number of allegations suggests a failure by McDonald’s to enforce the zero-tolerance policy against sexual harassment outlined in its Operations and Training and Policies for Franchisees manuals,” the labor group told BuzzFeed.

“There are terms and conditions that are set by the national parent McDonald’s,” Secunda said. “It has a policy on sexual harassment and equal opportunity that all its franchisees have to meet: that it will not tolerate sexual harassment whether based on transgender status or otherwise in the workplace. [The argument is] that McDonald’s parent company exercises meaningful control—that is being free from sexual harassment and demeaning conduct in the workplace.”

None of this means that any parent corporation is responsible for any franchisees’ lability, Secunda said, since every case must be decided on its facts, but where employers do exercise meaningful control over employees, there should be a possibility that they will be held responsible.

The decision to rescind this joint-employer guidance will by no means kill any possibility of holding a corporation, such as McDonald’s, responsible, and a judge would be more likely to consider the rule of law first, Secunda said, but the joint employer guidance would still be a helpful resource for the defendant to have in its arsenal.

“If I were a conservative jurist who wanted it to come out on the corporate conservative side of the world, I see that they could use this. ‘You know they’re the expert agency, so they can’t be wrong,’” Secunda said. “But I just think that would be disingenuous, because the agency has obviously changed its position based on the politics on the administration. And this should be an answer that has nothing to do with politics. It should be based on rule of law.”

This blog was originally published at ThinkProgress on June 22, 2017. Reprinted with permission. 

About the Author: Casey Quinlan is a journalist covering education, investments, politics, crime, and LGBT issues.

Bosses are stealing billions from their workers' paychecks, but it's not treated like a crime

Monday, May 15th, 2017
 Here’s a kind of theft almost no one goes to prison for. When an employer doesn’t pay workers the money they’ve earned, it has the same effect as if they got paid and then walked out on the street and had their pockets picked. But somehow wage theft—not paying workers the minimum wage for the hours they’ve worked, stealing tips, not paying overtime, and other ways of not paying workers what they’ve earned—doesn’t get treated as the crime it truly is. It has a huge impact, though, as a new study from the Economic Policy Institute shows. The EPI looked at just one form of wage theft: paying below minimum wage. Just that one type of violation steals billions of dollars out of workers’ paychecks:
  • In the 10 most populous states in the country, each year 2.4 million workers covered by state or federal minimum wage laws report being paid less than the applicable minimum wage in their state—approximately 17 percent of the eligible low-wage workforce.
  • The total underpayment of wages to these workers amounts to over $8 billion annually. If the findings for these states are representative for the rest of the country, they suggest that the total wages stolen from workers due to minimum wage violations exceeds $15 billion each year.
  • Workers suffering minimum wage violations are underpaid an average of $64 per week, nearly one-quarter of their weekly earnings. This means that a victim who works year-round is losing, on average, $3,300 per year and receiving only $10,500 in annual wages. […]
  • In the 10 most populous states, workers are most likely to be paid less than the minimum wage in Florida (7.3 percent), Ohio (5.5 percent), and New York (5.0 percent). However, the severity of underpayment is the worst in Pennsylvania and Texas, where the average victim of a minimum wage violation is cheated out of over 30 percent of earned pay.

Young workers, women, immigrants, and people of color are disproportionately affected because they’re overrepresented in low-wage jobs to begin with. This wage theft is keeping people in poverty—the poverty rate among workers paid less than the minimum wage in this study was 21 percent, and would have dropped to 15 percent if they’d been paid minimum wage. If their bosses had followed the law, in other words.

The wage thieves rarely face penalties for stealing, and when they do:

Employers found to have illegally underpaid an employee are usually required only to pay back a portion of the stolen wages—not even the full amount owed, much less a penalty for violating the law.

The law basically gives employers permission to steal from workers, in other words. And it sure won’t be getting better under Donald Trump.

This blog originally appeared at DailyKos.com on May 12, 2017. Reprinted with permission. 

About the Author: Laura Clawson has been a Daily Kos contributing editor since December 2006 and labor editor since 2011.

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.

Republicans Repealing A Rule To Stop Wage Theft? It’s Who They Are

Friday, March 10th, 2017

Who could be against rules that try to protect workers from having their pay stolen, having their health and safety put at risk, and being subjected to civil rights and labor law violations? See if you can guess who.

Last August, President Obama implemented a ‘Fair Pay And Safe Workplaces’ executive order that aims to stop companies from getting federal contracts if they violate labor and civil rights laws, steal workers’ wages and risk their health and safety. Actually, it just says the government will take violations into consideration, and yes, he waited eight years to implement this.

So of course, Republicans being who they are, have now voted in the House and Senate to repeal this act, exposing workers once again to having their pay stolen, having their health and safety put at risk, and being subjected to civil rights and labor law violations.

Obama’s executive order also required companies bidding on federal contracts to disclose if they had been busted for violating federal and state labor laws. Government procurement officers would then try to work with these companies to come into compliance with the laws and could deny contracts if they refused to.

That kind of government meddling against corporate wage theft and health & safety violations was just too much for Republicans. On February 2, the House voted 236 to 187 to get rid of this rule. Three “Democrats” voted with Republicans to protect corporate wage-stealers: Jim Costa (CA 16), Luis Correa (CA 46) and Henry Cuellar (TX 28).

Remember those names, and if you live on one of those districts click this and consider running for office yourself.

On March 6, the Senate voted 49 to 46 to repeal, the Fair Pay and Safe Workplaces act, with all Democrats voting on the side of protecting workers, and all Republicans voting on the side of protecting corporate wage-stealers.

This bill is waiting for President Trump to sign or veto it. Will Trump, who campaigned on the side of working people, sign this repeal of an act that tries to protect workers from having their pay stolen, having their health and safety put at risk and being subjected to civil rights and labor law violations? Heh.

This post originally appeared on ourfuture.org on March 9, 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.

Wage Theft Against Immigrants Threatens All Working People

Tuesday, November 22nd, 2016

wage-theft-against-immigrants-threatens-all-working-people_blog_post_fullwidthThe United States holds sacrosanct the principle that regardless of who you are, or where you come from, your hard work will be rewarded.

For day laborers in America, at least half of whom report experiencing wage theft, this ideal rings hollow. In a country so expansive and so diverse as America, there must be mechanisms in place to ensure the principle of getting paid for the work you do is a reality for everyone.

Take my story, for example. After a hard day’s work, when I asked for my earned wages, my employer refused to pay me. He went on to call the police and falsely accused me of attempting to rob him with a knife. After a police investigation, it was clear I was a victim of extortion and false charges. However, since I didn’t have the proper documentation, I was placed in deportation proceedings, which I am still fighting to this day.

Immigrant workers like me are struggling to provide for our family, yet have to work extra to organize with other workers, and to get informed about our rights to make sure we are not being exploited or robbed of our wages. Many of us who search for work on the street corners face very difficult situations on a daily basis. Not only do we receive insults by passerby, but employers themselves often try to undercut us simply because they think that we are not organized and have no support. As we continue to organize, we have developed power as working people and have had significant victories as well.

I know firsthand the confusion, humiliation and helplessness felt by those who have been robbed or shortchanged by their employers. This can happen to anyone. Only a few months ago, we learned cafeteria staff for the U.S. Senate faced issues of wage theft, too. Their fight was very important because they are helping to create a just workplace for all of us. Such a significant victory has waves of impact that reach other parts of the country and inspire many of us to continue to struggle for justice.

The U.S. Senate cafeteria workers’ encounter with wage theft is very typical of what occurs to other working people across the country, but for day laborers and immigrants like myself, our encounters with wage theft go beyond the denial of earned wages. Because of the inherent isolation of our work, and the irregularity of our schedules and employers—with the added issue of growing xenophobia and racism directed at Latino immigrants—we are seen as easy targets for bad employers, and often experience threats of deportation or get falsely accused of wrongdoing.

Many of us have to battle every day to stop employers who want to undercut us. Most of the time we have to work and struggle to get our employers to even pay us for the hours we’ve worked. The institutional protections that we have are often limited, and sometimes it feels like they are nonexistent.

Most workplaces are not the Senate cafeteria. Day laborers throughout the country are experiencing wage theft every day. The Department of Labor and national politicians must recognize our plight and devote the necessary resources to stop this epidemic of wage theft. Though we will continue to organize and fight for justice, it is necessary for the institutions created to hold up the labor protections to benefit all workers.

This blog originally appeared in aflcio.org on November 21, 2016.  Reprinted with permission.

Jose Ucelo is a day laborer and immigrant worker.

Think It’s Tough for Labor Now? Just Wait Until Trump Takes Office in January

Friday, November 18th, 2016

photo_321703[1]In 63 days, organized labor is going to find itself in a new political reality, which it seems totally unprepared for. Donald Trump will be president; the Republicans will control the House and Senate and one of Trump’s first tasks will be to nominate a new Supreme Court justice. Though Trump was tight-lipped about specific policy proposals, his campaign and the current constitution of the Republican party do not bode well for labor.

Trump’s actions will largely fall into one of four categories: judicial, legislative, executive and at the level of federal agencies. Each potential move will take various levels of cooperation from other branches of government and varying amounts of time to complete.

On Day 1 of his new administration, President Trump can simply rescind many of Barack Obama’s executive orders that benefited large groups of workers. Chief among these were EO 13673, which required prospective federal contractors to disclose violations of state and federal labor laws, and helped protect employees of contractors from wage theft and mandatory arbitration of a variety of employment claims. Similarly, EO 13494 made contractor expenses associated with union busting non-allowable, thereby helping to ensure that workers can exercise their labor rights.

At the agency level, Trump will have the opportunity to fill vacancies on the five-person National Labor Relations Board (NLRB), effectively turning what has been one of the most pro-worker boards in recent memory into one that is more concerned with employers’ interests. The NLRB is one of the more politicized federal agencies, and it is not uncommon for a new NLRB to overturn a previous board’s rulings. A conservative board would put into jeopardy recent gains, including the requirement of joint employers to bargain with workers, the rights of graduate students to form unions, the rights of adjuncts at religious colleges to form unions and the protections from class action waivers in employment arbitration agreements, which effectively block access to justice for too many.

Similarly, Trump can immediately dismiss the entire Federal Service Impasses Panel (FSIP) and appoint his own members. The FSIP is a little-known federal agency that functions like a mini-NLRB to resolve disputes between unionized federal employees and the government.

Donald Trump may be able to not only roll back many of Barack Obama’s accomplishments, but also change the face of labor law for decades to come. (AFL-CIO/ Facebook)

Donald Trump may be able to not only roll back many of Barack Obama’s accomplishments, but also change the face of labor law for decades to come. (AFL-CIO/ Facebook)

At the legislative level, various anti-worker bills sit ready for a GOP-led push. Perhaps chief among them is the National Right to Work Act, which would place every private sector employee (including airline and railway employees currently under the Railway Labor Act) under right-to-work. Right-to-work is the misleading law that prohibits unions from requiring that workers represented by the union pay their fair share. Such a bill was introduced last year by Sen. Rand Paul, and it had 29 co-sponsors, including Senate Majority Leader Mitch McConnell. Trump announced on the campaign trail that his “position on right-to-work is 100 percent,” so this will likely be an area where he has common cause with the GOP-controlled Congress.

At the judicial level, there is also a strong possibility that we will see a sequel to the Friedrichs case at the Supreme Court. Friedrichs was widely anticipated to bar fair share fees and place all public sector employees under right-to-work, but ended in a deadlock after Justice Antonin Scalia’s death. It is likely that any Supreme Court justice that Trump chooses will be as critical of fair share fees as Justices Samuel Alito and John Roberts, and would provide a critical fifth vote in changing long-standing precedent regarding the allowance of such fees. Groups like the National Right to Work Committee and Center for Individual Rights often have cases in the pipeline that could be pushed to the Supreme Court when the opportunity arises.

Similarly, at the judicial level, Trump will likely have his Department of Labor drop appeals to court decisions that enjoined or overturned pro-worker rules, such as the rule requiring union-busters to disclose when they are involved in an organizing campaign. Dropping the appeals would be an easy route to kill the rules, rather than going through a more time consuming rulemaking process to rescind them.

All indications are that labor has been caught unprepared for a President Trump and a GOP-controlled Congress and Supreme Court. With such broad control over every branch of government, Trump may be able to not only roll back many of Obama’s accomplishments, but also change the face of labor law for decades to come.

This post originally appeared on inthesetimes.com on November 17, 2016.  Reprinted with permission.

Moshe Z. Marvit is an attorney and fellow with The Century Foundation and the co-author (with Richard Kahlenberg) of the book Why Labor Organizing Should be a Civil Right.

L.A. Port Strike Today Over Federal Contractor Wage Theft

Thursday, November 3rd, 2016

dave.johnson

 

“An order that creates a culture of legal compliance could have a transformative impact on American industry.” George Faraday, Legal and Policy Director at Good Jobs Nation

 

Truck drivers and warehouse workers working for federal contractors at the Port of Los Angeles are striking for 48 hours to draw attention to wage theft and other violations. These workers work for companies that contract with the federal Department of Defense. They say they have been misclassified as “independent contractors”, had their wages stolen and have been retaliated against for exercising the right to organize.

The workers are doing this because President Obama’s Fair Pay & Safe Workplaces Executive Order protecting low-wage workers on federal contracts from wage theft and other labor law violations takes effect today. Contractors are supposed to start reporting whether they are found in violation of wage theft and other labor laws and regulations. Later the government can use this information in the decision process for awarding contracts.

On a press call discussing today’s strike, Jaime Martinez, a port worker, explained that he has worked for K&R, a federal contractor, for 19 years. “We are on strike today for issues including respect and and wage theft. We earn very low wages, with no benefits and no workers compensation because we are classified as independent contractors.”

Obama’s Fair Pay and Safe Workplaces Executive Order

July’s post, Obama’s ‘Fair Pay and Safe Workplaces Executive Order’ explained,

President Obama’s executive order cracks down on federal contractors who break hiring, health and safety, and wage laws. It also prohibits employers from requiring mandatory arbitration agreements with employees of federal contractors, in order that workers can get their day in an actual court instead of being forced to appear in front of an arbitrator picked and paid for by the company when there is a dispute involving the Civil Rights Act or related to sexual assault or harassment.

Specifically, the new rules require companies that bid on federal contracts to disclose wage and hour, safety and health, collective bargaining, family and medical leave, and civil rights violations from the prior three years. Federal contractor hiring officers are to take serious violations into account before awarding contracts. These officers will be issued guidelines on whether certain violations “rise to the level of a lack of integrity or business ethics.”

This Is A Big Deal

According to Good Jobs Nation this will affect a large number of workers around the country,

  • A U.S. Senate investigation revealed that federal contractors were responsible for nearly one-third of the largest U.S. Department of Labor penalties for wage theft and other legal violations;
  • A report by the National Employment Law Project found that 1 in 3 low-wage federal contract workers are victims of wage theft; and
  • An analysis by the Government Accountability Office showed that known legal violators have continued to receive lucrative federal contracts because of lax government oversight and enforcement.

“Creates A Culture Of Legal Compliance”

Companies with federal government contracts employ 1 in 4 American workers. Thanks to this executive order they will have to demonstrate a record of labor law compliance, including wage and hour and health and safety laws. On the press call discussing today’s strike Good Jobs Nation’s Legal and Policy Director George Faraday said, “An order that creates a culture of legal compliance could have a transformative impact on American industry.”

Fair Pay Hotline And Website

Also today, Good Jobs Nation is launching the first-ever national legal hotline – 1-844-PAY-FAIR – for federal contract workers to report law-breaking. Information is also available at goodjobsnation.org/payfair,

If you are a worker on a federal contract and you believe that are not receiving the pay and benefits owed to you under federal laws – like the Service Contract Act or the Davis Bacon Act – contact Good Jobs Legal Defense at 1-844-PAY-FAIR or click below.

This post originally appeared on ourfuture.org on October 25, 2016. 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.

 

Your Rights Job Survival The Issues Features Resources About This Blog