Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘wages’

Worker wages remain stagnant as wealthy executives are rolling in cash

Tuesday, July 31st, 2018

Congressional Republicans and President Trump continue to push their sole legislative accomplishment, the Tax Cuts and Jobs Act of 2017, as a game-changer for average working Americans — but the benefits of that bill appear to be going mostly to the people at the top.

Rather than delivering an “economic turnaround of historic proportions,” as Trump boasted last week, the bill will likely end up costing well over $1.4 trillion dollars and will instead provide corporations and the wealthiest Americans a giant hand-out.

A recent Politico review of Securities and Exchange Commission (SEC) filings also revealed corporate executives, who often receive most of their compensation in stock, have been profiting enormously off the bill, which slashes the corporate tax rate to 21 percent.

Following the bill’s passage in December last year, Oracle Corp. CEO Safra Catz sold $250 million worth of shares in her company, the “largest executive payday this year,” according to Politico. The company’s president of Product Development,  Thomas Kurian, also sold $85 million worth of shares, directly after the company announced a $12 billion share repurchase.

Oracle isn’t the only company whose top brass have benefited from the tax bill: in May, Mastercard CEO Ajay Banga sold $44.4 million of stock. Only a few months earlier, the company had announced it would buy back $4 billion in shares. According to Reuters, Mastercard also announced that month it had “increased its quarterly cash dividend to 25 cents per share, a 14 percent increase over the previous dividend of 22 cents a share.”

Similarly, after Eastman Chemical announced in February it would purchase $2 billion of its own stock, its CEO, Mark Costa, sold 55,000 shares, raking in at least $5.4 million in the process.

Data from Americans For Tax Fairness found that powerful Fortune 500 companies have spent a total of over $238,244,348,330 in stock buybacks since December. The numbers showed few corporations have actually used their respective tax windfalls to benefit workers directly, as many pledged they would do.

Out of the over 1,500 companies from which Americans for Tax Fairness collected data, only 359 of them actually promised to increase wages for their employees. Of those that promised to bump wages, the majority only offered an increase up to $15 an hour in entry-level pay — which, by all accounts, should already be what companies pay entry-level employees in a tightening labor market.

Despite what Republicans in Washington have suggested, stock buybacks do absolutely nothing to help struggling middle America. Instead, they traditionally enrich both the company buying back shares and those who own corporate stock, which typically means the already-rich. The wealthiest 10 percent of American households own 84 percent of all shares, while the top 1 percent own 40 percent. Roughly one-half of American households don’t own stock at all.

The AFL-CIO’s annual Executive PayWatch database, released in May, also revealed just how stark income inequality is among CEOs and their workers. On average, data showed, CEOs are paid 333 times more than an average employee at their company.

The disparity between CEO and worker pay is consistent with income inequality on a wider scale. While average worker wages have been stagnant for decades, the top 1 percent of U.S. income earners have “more than doubled their share of the nation’s income” since the 1970s, the Institute for Policy Studies observed.

The Trump administration continues to tout the nation’s record low unemployment rate as a sign that the country’s economy is thriving. But as former Secretary of Labor Robert Reich detailed in a recent op-ed for The Guardian, 80 percent of Americans are living paycheck-to-paycheck.

“The typical American worker now earns around $44,500 a year, not much more than what the typical worker earned in 40 years ago, adjusted for inflation,” Reich wrote. “When Republicans delivered their $1.5 trillion tax cut last December they predicted a big wage boost for American workers. Forget it. Wages actually dropped in the second quarter of this year.”

About the Author: Rebekah Entralgo is a reporter at ThinkProgress. Previously she was a news assistant on the NPR Business Desk. She has also worked for NPR member stations WFSU in Tallahassee and WLRN in Miami.

This article was originally published at ThinkProgress on July 30, 2018. Reprinted with permission. 

AFL-CIO Joins CWA Call for $4,000 Wage Increase for Working People

Wednesday, December 13th, 2017

The Donald Trump administration repeatedly has claimed that its tax bill would result in a $4,000 wage increase for working people. Today, the AFL-CIO has joined a campaign by the Communications Workers of America (CWA) to demand corporations guarantee this raise in writing. The labor federation is rallying the power of its 12.5 million members and the entire union movement to support this campaign in every industry.

AFL-CIO President Richard Trumka said:

CWA has inspired an innovative movement to demand working people get our fair share and expose the scam that is the Republican tax bill. Working people have heard the same old lies about the benefits of economic policies written by and for greedy corporations for too long. This campaign is about holding corporations and politicians accountable to their claims and getting a much-needed raise for America’s workers.

On Nov. 20, CWA sent a letter to its major employers, including AT&T, Verizon, General Electric Co., American Airlines and NBC Universal, calling on them to commit to that raise in writing. In joining the CWA’s efforts, the AFL-CIO is encouraging all unions from all sectors to join in by reaching out to their employers and encouraging all working people to sign a petition that puts employers on notice that they will be held accountable if the Republican tax bill becomes law. 

In a powerful op-ed, CWA President Christopher Shelton laid out how the Republican tax scam would hurt working people and increase the deficit by more than $1 trillion:

Republicans are on the brink of passing a massive tax overhaul, and it’s looking like the biggest con of the Trump era so far. And that’s saying a lot.

The legislation being jammed through by the House and Senate Republicans is a tax giveaway to corporations and the richest 1 percent, paid for by working and middle-income families.

Across the board, working people will be hurt by this plan, whether by the new incentives to corporations to send U.S. jobs overseas, the loss of the medical expense deduction, new taxes imposed on education benefits, the inability to deduct interest on student loans, the loss of state and local tax deductions, or the forced budget cuts to Medicare, transportation, health care and other critical programs.

Despite the double-talk from Republicans anxious to sell this plan, it’s not hard to figure out who Republicans really want to help. Why else would tax cuts for corporations and tax changes that benefit the wealthiest Americans—like the estate tax—be permanent, while individual tax cuts for middle-income families are only temporary?…

Working people know better than to believe the boss’ promises unless they are in writing. That’s why my union has asked some of our biggest employers to sign an agreement that says if the tax plan passes, working people will get their $4,000.

This blog was originally published by the AFL-CIO on December 12, 2017. Reprinted with permission. 

Supreme Court opens its new term with a direct attack on workers’ rights

Monday, September 25th, 2017

The Supreme Court returns next Monday from its summer vacation for the first full term where Neil Gorsuch will occupy a seat at the far end of the Court’s bench. And the Court will open this term with a trio of cases that are very likely to immunize many employers from consequences for their illegal actions.

The three cases — National Labor Relations Board v. Murphy Oil USAErnst & Young LLP v. Morris, and Epic Systems v. Lewis — all involve employment contracts cutting off employee’s rights to sue their employer for legal violations.

In at least one case, employees were required to sign the contract as a condition of beginning work. In another, employees were forced to give up their rights as a condition of keeping their job. These contracts contained two restrictions on the employees: 1) a “forced arbitration” provision, which requires any legal disputes between the employer and the employee to be resolved in a privatized arbitration system; and 2) a provision prohibiting employees from bringing class actions or other collective suits against their employers.

Requiring private arbitration favors employers over employees. As an Economic Policy Institute study determined, employees are less likely to prevail before an arbitrator than before a court, and they typically receive less money from an arbitrator when they do prevail.

Banning class action suits, meanwhile, effectively permits employers to violate the law with impunity, so long as they do not do too much harm to any individual employee.

If an employer cheats one employee out of $300,000 worth of wages, for example, that employee is likely to be able to find a lawyer who will take his case on a contingency basis — meaning that the lawyer gets a percentage of what the employee collects from the employer if they win. If the same employer cheats 10,000 employees out of $30 each, however, no lawyer is going to represent any one of these workers on a contingency basis. Plus, few employees are likely to bother with a $30 suit. It’s too much hassle, and too expensive to hire a lawyer who won’t work on contingency. The solution to this problem is a class action suit, which allows the 10,000 employees to join together in a single case litigated by a single legal team.

Banning such class actions effectively leaves these employees without remedy. As one federal judge explained, “the realistic alternative to a class action is not 17 million individual suits, but zero individual suits, as only a lunatic or a fanatic sues for $30.”

The employer’s claim that they can combine a forced arbitration clause with a class action ban arises out of two previous Supreme Court cases that took an extraordinarily creative view of a nearly 100-year-old law.

In 1925, Congress enacted the Federal Arbitration Act to allow, as Justice Ruth Bader Ginsburg once explained, “merchants with relatively equal bargaining power” to agree to resolve their disputes through arbitration. Beginning in the 1980s, however, the Court started to read this law expansively to permit forced arbitration between businesses and relatively powerless consumers and employees.

Then, the Court got even more aggressive. By its own terms, the Federal Arbitration Act exempts “workers engaged in foreign or interstate commerce.” Nevertheless, in its 5-4 decision in Circuit City v. Adams, the Supreme Court held that the Act applies to most workers engaged in foreign or interstate commerce. Thus, forced arbitration clauses in employment contracts were given special protected status, even though the federal law governing these clauses says otherwise.

Similarly, Justice Antonin Scalia wrote for a 5-4 Court in AT&T Mobility v. Concepcion that the Federal Arbitration Act has penumbras, formed by emanations from its guarantees that give it life and substance. The right of businesses to insert class action bans, Scalia claimed, is one of these penumbras contained in the 1925 law. And so businesses gained the power to add no class action clauses to their forced arbitration agreements, even if a ban on class actions violates state law — and despite the fact that the Federal Arbitration Act says nothing about class actions.

Nevertheless, the employees in Murphy Oil and its companion cases hope that another provision of law will protect them from signing away their right to join a class action.

A provision of the National Labor Relations Act (NLRA) provides that “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Several lower courts have held that an employee’s right to engage in “concerted activities” protects their right to join class actions, and they cite multiple previous Supreme Court decisions which lend credibility to this claim.

In a world governed by the text of the law, employees would have a strong case that they cannot be forced to give up their right to bring class action litigation. But we live in a world governed by Circuit City and Concepcion — both of which demonstrate the Supreme Court’s willingness to take liberties with the law in forced arbitration cases.

This article was originally published at ThinkProgress on September 25, 2017. Reprinted with permission.
About the Author: Ian Millhiser is the Justice Editor for ThinkProgress, and the author of Injustices: The Supreme Court’s History of Comforting the Comfortable and Afflicting the Afflicted.

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.”

Canadian Mounties to the Rescue of American Workers

Friday, September 8th, 2017

The Canadian Royal Mounties have offered to ride to the rescue of beleaguered American workers.

It doesn’t sound right. Americans perceive themselves to be the heroes. They are, after all, the country whose intervention won World War II, the country whose symbol, the Statue of Liberty, lifts her lamp to light the way, as the poem at the statue’s base says, for the yearning masses and wretched refuse, for the homeless and tempest-tossed.

America loves the underdog and champions the little guy. The United States is doing that, for example, by demanding in the negotiations to rewrite the North American Free Trade Agreement (NAFTA) that Mexico raise its miserable work standards and wages. Now, though, here comes Canada, the third party in the NAFTA triad, insisting that the United States fortify its workers’ collective bargaining rights. That’s the Mounties to the rescue of downtrodden U.S. workers.

This NAFTA demand from the Great White North arrives amid relentless attacks on labor rights in the United States, declining union membership and stagnant wages. To prevent Mexico’s poverty wages from sucking U.S. factories south of the border, the United States is insisting that Mexico eliminate company-controlled fake labor unions. Similarly, to prevent the United States and Mexico from luring Canadian companies away, Canada is stipulating that the United States eliminate laws that empower corporations and weaken workers.

The most infamous of these laws is referred to, bogusly, as right-to-work. Really, it’s right-to-bankrupt labor unions and right-to-cut workers’ pay. These laws forbid corporations and labor unions from negotiating collective bargaining agreements that require payments in lieu of dues from workers who choose not to join the union. These payments, which are typically less than full dues, cover the costs that unions incur to bargain contracts and pursue worker grievances.

Lawmakers that pass right-to-bankrupt legislation know that federal law requires labor unions to represent everyone in their unit at a workplace, even if those employees don’t join the union and don’t make any payments. These dues-shirkers still get the higher wages and better benefits guaranteed in the labor contract. And they still get the labor union to advocate for them, even hire lawyers for them, if they want to file grievances against the company.

The allure of getting something for nothing, a sham created by right-wing politicians who prostrate themselves to corporations, ultimately can bankrupt unions forced to serve freeloaders. Which is exactly what the right-wingers and corporations want. It’s much easier for corporations to ignore the feeble pleas of individual workers for better pay and safer working conditions than to negotiate with unions that wield the power of concerted action.

Canada is particularly sensitive about America’s right-to-bankrupt laws because they’ve now crept up to the border. Among the handful of states that in recent years joined the right-to-bankrupt gang are Wisconsin and Michigan, both at the doorstep of a highly industrial region in Ontario, Canada.

So now, the governors of Wisconsin and Michigan can whisper in the ears of CEOs, “Come south, and we’ll help you break the unions. Instead of paying union wages, you can take all that money as profit and get yourself even fatter pay packages and bonuses!”

Then those governors will make American workers pay for the move with shocking tax breaks for corporations, like the $3 billion Wisconsin Gov. Scott Walker promised electronics manufacturer Foxconn to locate a factory there. That’s $1 million in tax money for each of the 3,000 jobs that Foxconn said would be the minimum it would create with the $10 billion project.

Right-wing lawmakers like Walker and U.S. CEOs have been union busting for decades. And it’s been successful.  In the heyday of unions in the 1950s and 1960s, nearly 30 percent of all U.S. workers belonged. Wage rates rose as productivity did. And they climbed consistently. Then, one wage-earner could support a middle-class family.

That’s not true anymore. For decades now, as union membership waned, wages stagnated for the middle class and poor, and compensation for CEOs skyrocketed. And this occurred even while productivity rose. By January of 2016, the most recent date for which the statistics are available, union membership had declined to 10.7 percent. The number of workers in unions dropped by nearly a quarter million from the previous year.

This is despite the fact that union workers earn more and are more likely to have pensions and employer-paid health insurance. The median weekly earnings for non-union workers in 2016 was $802. For union members, it was $1,004.

It’s not that labor unions don’t work. It’s that right-wing U.S. politicians are working against them. They pass legislation and regulations that make it hard for unions to represent workers.

It’s very different for unions in Canada. For example, union membership in Canada is growing, not dwindling like in the United States. In Canada, 31.8 percent of workers were represented by union in 2015, up 0.3 percentage points from 2014. That is higher than the all-time peak in the United States.

And it’s because Canadian legislation encourages unionization to counterbalance powerful corporations. In some Canadian provinces, for example, corporations are prohibited from hiring replacements when workers strike; striking workers are permitted to picket the companies that sell to and buy from their employer; labor agreements must contain “successorship” rights requiring a corporation that buys the employer to recognize the union and abide by its labor agreement; and employers must submit to binding arbitration if they fail to come to a first labor agreement with a newly formed union within a specific amount of time.

The second round of negotiations to rewrite NAFTA ended in Mexico this week. The third is scheduled for later this month in Canada. That’s a good opportunity for the northernmost member of the NAFTA triad to showcase its labor laws and explain why they are crucial to defending worker rights and raising wages.

Getting language protecting workers’ union rights into NAFTA is not enough, however. The trade deal must also contain penalties for countries that fail to meet the standards. This could be, for example, border adjustment taxes on exports from recalcitrant countries.

Canada’s nearly 20,000 Royal Canadian Mounted Police only recently filed papers to unionize. That occurred after the Canadian Supreme Court overturned a 1960s era federal law that barred them from organizing.

Canada’s Supreme Court said the law violated the Mounties’ freedom of association, a right guaranteed to Americans in the U.S. Constitution. Now, Canada is riding to the rescue of U.S. and Mexican workers’ freedom of association by demanding the new NAFTA include specific protections for collective bargaining.

This blog was originally published at OurFuture.org on September 8, 2017. Reprinted with permission. 

About the Author: Leo Gerard, International President of the United Steelworkers (USW), took office in 2001 after the retirement of former president George Becker.

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.

Labor unions are trying to take back politics in the Midwest

Monday, September 4th, 2017

On Labor Day — designated a federal holiday in 1894 to honor America’s labor movement — at least eight Democratic candidates will hold rallies in five Midwest cities to tell workers just how far the country has veered from its pro-labor roots.

In Wisconsin, Gov. Scott Walker (R) has helped turn the state red by decimating public-sector unions. In Iowa, Republicans rolled back an increase in the minimum wage in March. Just last week, Illinois’ Republican governor vetoed a billthat would have raised the minimum wage. And Republican governors in Michigan and Ohio have also pushed for regulations that would cripple workers.

In 2018, each will face challenges from unconventional, labor-aligned candidates inspired to run by President Trump’s election and the decline of pro-worker lawmakers, which has resulted in a political system in the Rust Belt that favors the wealthy over the working class. Each candidate will center their campaigns on their support for a $15 minimum wage, progressive health care, and pro-union policies.

Cathy Glasson, a registered nurse and union leader in Iowa who will officially announce after Labor Day her campaign for governor in 2018, said that before this year, she had never considered running for elected office.

“This wasn’t in my plan, but as a union leader, you take action when you see the problems ahead and you don’t sit back and wait for things to change,” she told ThinkProgress. “That’s why I decided when I saw what happened with the legislature and the rollback of the minimum wage. We had raised the minimum wage in five counties in Iowa and this administration literally took money out of the pockets of Iowans — 85,000 Iowans were affected by the rollback here.”

Like other first-time politicians throwing themselves into 2018, Glasson has been a union member for decades and will prioritize the need for more American workers to join unions and employee associations.

“The number one job of any elected official, particularly the governor, should be to raise wages and improve the standard living for all Iowans,” she said. “The union movement and the Fight for $15 and its allies realize that low pay is not okay.”

Glasson’s campaign will have the backing of her union, the Service Employees International Union (SEIU). One of the country’s largest labor unions, SEIU and its Fight for $15 arm — a national campaign to raise the minimum wage to $15 — will announce Monday a push to elect labor-friendly candidates in 2018 in the Midwest states where unions once held tremendous power. The union will budget roughly $100 million for the 2018 midterm elections — around $30 million more than it spent in 2016 — to flip the once-Democratic states back to blue.

In Milwaukee, Wisconsin, Mahlon Mitchell, the president of the Professional Fire Fighters Association of Wisconsin who announced he’s considering a run for governor in July, will rally with workers at a hospital. In Cleveland, Ohio, talk show host and former Cincinnati Mayor Jerry Springer, who is considering a run for governor next year, will join workers at a march. In Des Moines, Iowa, Glasson will also rally at a medical center. In Chicago, Daniel Biss, Chris Kennedy and J.B. Pritzker, three leading 2018 Democratic gubernatorial candidates, will rally with SEIU’s president. And in Detroit, Michigan, Gretchen Whitmer, another gubernatorial candidate, will also rally at a hospital.

“With the election of Donald Trump, we’re seeing a wave of first-time candidates excited about creating change in each of our states,” Glasson said. “We need to give people something to go to the polls and stand in line and vote for.”

Randy Bryce, a Wisconsin ironworker known as “Iron Stache” who launched a challenge to House Speaker Paul Ryan (R-WI) in June and saw his campaign video go viral, will also be participating in Labor Day events across Wisconsin. He told ThinkProgress that, other than his son’s birthday, Labor Day is his favorite holiday.

“Especially in Wisconsin, with all the blatant political attacks, it’s great to see people still getting together and the numbers seem to increase every year, instead of what they’re trying to do, which is decrease our membership,” he said. “It’s great seeing more people get angry, frustrated, and want to fight back at the attacks because the government isn’t doing anything to stand up for workers’ rights.”

In Wisconsin in particular, the labor movement has struggled to fight back against the “banana republicans” in office, as Bryce calls them. “The labor movement took everything that we had for granted up until Scott Walker got elected,” he said.

Republicans in Wisconsin have gerrymandered the state so they do not fear losing their seats, Bryce noted, but the union movement is going to latch onto policies that he believes will resonate with voters across party lines, like wages and health care.

“Iowans and Americans in general are just tired of not fixing the problem, and states like Iowa should lead on this,” she said. “We can do that because it’s a reasonable size states, we can figure out how to pay for it, we can put policies in place that can move that agenda.”

Bryce agreed. “It’s the right thing to do but it’s also going to help create jobs,” he said.

SEUI’s campaign will include a voter engagement drive aimed at expanding the turnout on Election Day in 2018. According to the New York Times, the union conducted a pilot project during the 2016 campaign in which it canvassed voters in two largely African-American neighborhoods of Detroit to spread information about which candidates support workers and higher wages.

“Over all, about 62 percent of voters the union talked to during the pilot project cast ballots in the presidential election, versus turnout of about 38 percent of voters who it did not talk to, according to data provided by the union,” the report noted. “Applying the same percentage to all of Detroit’s voters would have produced about 40,000 more total votes in 2016, an amount that would have almost certainly secured the state for [Hillary] Clinton.”

While the need to push out anti-worker Republicans in the Midwest is paramount, many of the labor-aligned Democrats are also running to provide a counter to the Trump administration. As Glasson noted, the administration has been a disaster for working families and has alienated labor more and more as the year progresses. In August, in the wake of the president’s comments about Charlottesville, AFL-CIO President Richard Trumka left the president’s manufacturing councilsaying that some White House aides “turned out to be racist.”

Glasson said that because of the administration’s hostility toward labor, its critical to have pro-union individuals get involved in politics.

“Unions have been the only way that workers who drive our economy have a voice in politics,” Glasson said. “By collecting and pooling union members’ money, we are a force to be reckoned with in politics, and so the intentional attack on unions in the state of Iowa and the Midwest and beyond is intentional to silent the voice of everyday workers that need to have a voice in politics.”

Bryce agreed that if unions do not get involved now, the Trump administration could decimate the labor movement to a point of no return.

“You’re seeing a lot of people step up since this past election and see that if we don’t get our stuff together, what little we have left, it’s going to be totally gone.”

This article was originally published at ThinkProgress on September 3, 2017. Reprinted with permission. 

About the Author: Kira Lerner is a political reporter at ThinkProgress, where she covers a wide range of policy issues with a focus on voting rights and criminal justice reform. Her reporting on campaigns, elections, town halls, and the resistance movement has taken her to a long list of states across the country (but she’s still working on hitting 50). A native of the Washington, D.C. area, she holds a degree in journalism from Northwestern University’s Medill School of Journalism.

Trump’s Bid to Pit Black and Brown Workers Against Each Other

Monday, August 7th, 2017

President Trump has resurrected an old canard in his effort to sell a new effort to restrict immigration into the United States. The legislation he backs, he said at a White House ceremony, was necessary in part to protect “minority workers competing for jobs against brand-new arrivals” under the current immigration system.

This theme is a hardy perennial in right-wing media and think-tank reports, often featuring members of a small but persistent cadre of conservative black people willing to be the face of the pernicious idea that in order to boost the fortunes of African Americans, we have to keep new immigrants out of the country.

This notion keeps getting debunked, but Trump trotted it out anyway as his administration launches key assaults against the core concerns of African-American people.

This comes the same week as news reports that the Justice Department is gearing up a new assault on affirmative action programs at colleges, based on the lie that these programs discriminate against white and Asian college applicants.

Career civil-rights lawyers in the Justice Department are so aghast at the idea that their agency’s efforts are being redirected from addressing the continuing effects of structural racism that Attorney General Jeff Sessions plans to use political appointees and outside lawyers to lead the effort.

Remember that this pronouncement also is in the shadow of a speech Trump gave before police officers in Long Island, New York, in which he encouraged police officers to rough up criminal suspects.

“[W]hen you see these thugs being thrown into the back of a paddy wagon — you just see them thrown in, rough — I said, please don’t be too nice,” Trump told the assembly of law enforcement officers.

Even people in his own administration denounced the speech as inappropriate, as did prominent police chiefs. Later, White House press secretary Sarah Huckabee Sanders dismissed Trump’s comment as a joke.

But in African-American communities around the country, where the drumbeat of stories of police officers using clearly unwarranted deadly force against African Americans continues to reverberate, no one was laughing.

Vice senior editor Wilbert Cooper convincingly took on the black-people-harmed-by-immigration myth in a 2016 essay. Not only is it false that immigration of lower-skilled people harms African-American employment prospects, he wrote that “counter to what Trump and others contend, there’s evidence that immigration can actually help low-skilled blacks get back to work.”

Denver University economist Jack Strauss analyzed a wide breadth of data from metropolitan areas across the US in 2013 to determine whether blacks in particular lose out when it comes to immigration. He found there to be a “one-way causation from increased immigration including Latinos to higher black wages and lower poverty.” In other words, immigration is good for black workers. According to Strauss’s summary of his findings, a “1 percent rise in Latino immigration contributes to a 1.4 percent increase in employment rates among African Americans,” and “for every 1 percent increase in a city’s share of Latinos, African median and mean wages increase by 3 percent.”

The reality is, as Cooper writes, cities like Cleveland and Detroit are working to attract immigrants, because of the impact immigrants have on the overall economic vitality of the communities they make their home.

Jobs Tell The Story

On Friday, the federal government will release an updated picture of the nation’s employment situation. The previous report, covering June, showed that the nation’s unemployment rate was 4.4 percent, and African-American unemployment was 7.1 percent, down significantly from 8.8 percent in June 2016.

The significant decrease in black unemployment is in itself a direct rebuke to the idea that drastic measures to restrict immigration are necessary to lower unemployment rates in African-American communities.

What that progress affirms that economic growth combined with economic justice and fairness is essential to closing the gaps between black, brown and white employment prospects.

What The Nation Needs

What the nation needs is not an assault on immigration, but an assault on the effects of structural racism and economic inequality. Instead of dismantling affirmative action, we need investments in schooling for African-American children that start at preschool – and before.

We need to reinvest in communities that have been left behind by the free-market idolatry of too many state governments and, now, the federal government itself. We need every worker to have a living wage and access to affordable housing.

Above all, we need to end the assaults on the fundamental dignity of African-American people – from the coded reference to “thugs” who need to be roughed up by police to the active exalting by White House officials of the nostrums of white nationalism.

Thanks but no thanks, President Trump. The overwhelming majority of African Americans don’t want your faux paternalism at the expense of our immigrant brothers and sisters.

This blog was originally published at OurFuture.org on August 3, 2017. Reprinted with permission.

About the Author: Isaiah J. Poole is communications director of People’s Action, and has been the editor of OurFuture.org since 2007. Previously he worked for 25 years in mainstream media, most recently at Congressional Quarterly, where he covered congressional leadership and tracked major bills through Congress. Most of his journalism experience has been in Washington as both a reporter and an editor on topics ranging from presidential politics to pop culture. His work has put him at the front lines of ideological battles between progressives and conservatives. He also served as a founding member of the Washington Association of Black Journalists and the National Lesbian and Gay Journalists Association.

As Media Focuses on Russia Collusion, Trump Is Quietly Stacking the Labor Board with Union Busters

Thursday, July 20th, 2017

It might not get as much press coverage as other Donald Trump administration calamities, but the U.S. president is set to appoint a known union buster to the National Labor Relations Board (NLRB), push the body to a Republican majority and reverse Obama-era protections that rankle Big Business.

On July 13, the Senate Health, Education, Labor and Pensions (HELP) Committee held hearings on Trump’s two NLRB selections and his deputy labor secretary pick. All three of these men are expected to be confirmed.

William Emanuel, one of Trump’s NLRB appointees, is a management-side attorney and a member of the conservative Federalist Society. He is also a shareholder of Littler Mendelson, an infamous union busting firmthat was most recently brought in by Long Island beer distributor Clare Rose to negotiate a contract full of pay cuts.

After being selected, Emanuel disclosed 49 former clients and declared he would recuse himself for up to a year if any of the companies found themselves in front of the NLRB. The list included multiple businesses that have clashed with the labor board, including JPMorgan Chase Bank, MasTec Inc, Nissan and Uber.

Uber’s ongoing skirmishes with the NLRB have, perhaps, been the most publicized. At the end of 2016, the ride-share company battled with the NLRB after the agency sent out subpoenas aimed at gleaning information about whether Uber drivers were statutory employees.

In 2016, Emanuel authored an amicus brief that defended class-action waivers in employment contracts. Workers often depend on class actions to fight sexual and racial discrimination, and their existence is an important part of upholding wage laws. The NLRB ruled that such waivers were illegal under Obama.

Emanuel was asked about Littler Mendelson’s anti-union work by Massachusetts Senator Elizabeth Warren. “You have spent your career at one of the country’s most ruthless, union-busting law firms in the country,” she said. “How can Americans trust you will protect workers’ rights when you’ve spent 40 years fighting against them?”

In response, Emanuel claimed that he would be objective whenever making decisions for the agency.

Emanuel is not the only appointee raising concern among workers’ rights advocates. Marvin Kaplan, another Trump nominee to the NLRB, is a public-sector attorney and current counsel to the commissioner for the Occupational Safety and Health Review Commission. The Kaplan pick excites business executives and their advocates, who envisioned him helping overturn Obama-era labor regulations.

At the time of the announcement, Kristen Swearingen, chair of the anti-union group Coalition for a Democratic Workplace, declared that “Marvin Kaplan will begin to restore balance to an agency whose recent and radical decisions and disregard for long standing precedent have injected uncertainty into labor relations to the detriment of employees, employers and the economy.”

The excitement is well-founded. Kaplan served as counsel for Republicans on the House Committee on Education and the Workforce. The New York Times reports, “The committee held hearings during his tenure scrutinizing prominent NLRB actions in which the witnesses skewed toward business representatives and other skeptics.” Kaplan also helped develop the The Workforce Democracy and Fairness Act, legislation that would kill a labor board rule that shortened the amount of time between when the board authorizes a workplace unionization vote and when the vote actually takes place. Since 2014, the number has been set at 11 days. But this act would increase it to at least 35, thus allowing more time for union efforts to be squashed. The legislation hasn’t passed in congress yet.

Concerns do not stop at the NLRB. Trump’s Labor Department nominee is Patrick Pizzella, a Federal Labor Relations Authority Member who was grilled by Minnesota Senator Al Franken on his ties to the infamous lobbyist Jack Abramoff. Pizzella worked with Abramoff during the 1990s to exempt the Northern Mariana Islands from federal labor regulations.

The Senate has only been in session for 10 days since the Pizzella and Kaplan nominations, and only four days since Emanuel’s. A group of civil rights and labor organizations sent the committee a letterasking for the hearings to be postponed. During her opening remarks, Sen. Patty Murray called Trump’s attempt to jam through the nominees without proper oversight “unprecedented.”

Roughly 10 workers representing the pro-labor organization Good Jobs Nation stood up during Thursday’s hearing, put blue tape over their mouths and walked out of the room in silent protest. Groups like Good Jobs Nation are concerned about a pro-business majority in the agency amidst Trump’s proposed cutsto the Labor Department.

Trump is putting the NLRB in the position to undo a number of important Obama-era labor decisions. His NLRB could potentially reverse rulings that made it easier for small groups of workers to unionize, established grad students as employees, put charter school employees under NLRB jurisdiction, and held parent companies jointly liable for with franchise operators who break labor laws. Writing about the imminent anti-union crackdown on this website in May, Shaun Richman wrote, “Unions and their allies should be convening research teams to plot out a campaign of regulatory and judicial activism. That work should begin now.”

Early in the hearing, Washington Senator Patty Murray asked Emanuel if he had ever represented a union or a worker. Emanuel explained that he worked exclusively for management for his entire career. “You just don’t do both,” he told her. “It’s not feasible.”

This piece was originally published at In These Times on July 14, 2017. Reprinted with permission.

About the Author: Michael Arria covers labor and social movements. Follow him on Twitter: @michaelarria

When three days sick means losing a month's grocery budget

Monday, July 3rd, 2017

Nearly two-thirds of private-sector workers in the U.S. have access to paid sick leave, but as with so many labor and economic statistics, that masks serious inequality: 87 percent of the top 10 percent of earners have paid sick leave, while just 27 percent of the bottom 10 percent do. And what that means is that the people who can least afford to take a day off without pay are the ones who are forced to do so if they’re too sick to go to work. A new Economic Policy Institute analysis shows how devastating that choice can be:

Without the ability to earn paid sick days, workers must choose between going to work sick (or sending a child to school sick) and losing much-needed pay. For the average worker who does not have access to paid sick days, the costs of taking unpaid sick time can make a painful dent in the monthly budget for the worker’s household:

  • If the worker needs to take off even a half day due to illness, the lost wages are equivalent to the household’s monthly spending for fruits and vegetables; lost wages from taking off nearly three days equal their entire grocery budget for the month.
  • Two days of unpaid sick time are roughly the equivalent of a month’s worth of gas, making it difficult to get to work.
  • Three days of unpaid sick time translate into a household’s monthly utilities budget, preventing the worker from paying for electricity and heat.
  • In the event of a lengthier illness—say, seven and a half days of unpaid sick time—the worker would lose income equivalent to a monthly rent or mortgage payment.

State-level paid sick leave laws are starting to make a difference—in 2012, when the first such law was passed, in Connecticut, just 18 percent of low-wage private-sector workers had paid sick days. But workers outside of the five states with such laws need the federal government to act, and that’s not going to happen under Republican control.

This blog was originally published at DailyKos on July 1, 2017. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.

Your Rights Job Survival The Issues Features Resources About This Blog