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Walmart raises minimum pay again, while Sam's Club closes many stores

Friday, January 12th, 2018

There are the Walmart-related headlines Walmart wants you to read, the headlines Donald Trump wants you to read and the headlines neither Walmart nor Trump want you to read. Walmart wants you to read the good news: it’s raising its minimum wage from $9-10 to $11 an hour, and expanding paid parental leave benefits. Donald Trump wants you to read that the company is giving credit for that move to the recent Republican corporate tax cuts. Neither of them wants you to think much about the years-long worker organizing campaign to demand improved wages and benefits, and they definitely don’t want you to think about the news that also just came out that Sam’s Club, the Walmart warehouse chain, is closing dozens of stores, if not more.

At least 63 Sam’s Club stores are closing, with some having closed Thursday without notice to workers. That’s the number the company is giving out, but CBS News says it may be much higher—up to 260 stores. With an estimated 175 workers per store, on average, that means that around 11,000 to as many as 45,000 people could be out of work. At the same time as Walmart says its raises are all about those tax cuts, mind you.

Now, about those Walmart raises and benefits. It’s great that the company is raising its minimum wage to $11. But isn’t it interesting that this is the third recent company-wide minimum pay raise in recent years, and yet we’re supposed to believe that it’s all about the Republican tax law?

“Walmart has made similar announcements in the recent past… even when no tax reform could have affected its decision,” said Gary Burtless, an economist with the Brookings Institution.

The new Walmart employee wage increase follows two earlier pay hikes the retailer implemented in 2015 and 2016 that raised hourly worker pay to $9 and $10 an hour, respectively. (Today, new hires start at $9 and move up to $10 after completing a training course.)

Workers already making $11 an hour will get bonuses based on how long they’ve been working at Walmart. Full-time hourly workers will also become eligible for 10 weeks of paid maternity leave and six weeks of paid parental leave, up from a shorter period of partially paid maternity leave and zero parental leave. But the fact that this only applies to full-time workers means that Walmart’s large part-time workforce is left out. And workers have been pressing hard for these changes.

In December, 2017, Mary Pat Tifft, a Walmart associate, with support from PL+US and Zevin Asset Management, filed a shareholder resolution calling on the company to address the discrepancies in their Paid Leave Policy.  In June 2017, OUR Walmart and their supporters delivered over 100,000 signatures to Walmart Headquarters last year calling for the change to Walmart’s Paid Leave Policy.  The changes directly address the issues OUR Walmart, PL+US and others have raised: adding paternity coverage, adoptive parent benefits and parity with the policy provided to Walmart executives. While impactful for full time associates, Walmart has a high percentage of part-time employees who will not be covered by this new policy.

Walmart associate and OUR Walmart leader Carolyn Davis spoke at Walmart’s 2017 annual shareholder meeting said: “Investing in associates means that new parents at Walmart are allowed time to bond with our children.  Walmart’s female executives receive 10 weeks of paid family leave. Let’s do the same for hourly associates – women and men”.

“The change in policy to 10 weeks paid maternity leave to match what Walmart executives were getting is exactly what OUR Walmart and our Respect the Bump campaign has been calling for. I just had a baby, if I had 10 weeks of paid leave it would have made all the difference in the world. Instead, I had to postpone paying for car insurance and had to leave my newborn and get back to work before I was ready.  This new policy will make sure that full-time associates like me won’t have that do that, but it leaves part-time associates behind,” explained Walmart associate Liz Loudermilk from Seneca, SC.

Yeah, Walmart is getting a fat tax cut from Republicans. But that didn’t save Sam’s Club workers, and this isn’t the first time in the past few years Walmart has given its lowest-paid workers a raise. And the workers pressing the company to do better not just on wages but on parental leave clearly helped shape its new policy on that front, even if the company didn’t go all the way.

This blog was originally published at DailyKos on January 11, 2018. Reprinted with permission. 

About the Author: Laura Clawson is labor editor at DailyKos.

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

Wednesday, January 3rd, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What #MeToo Can Teach the Labor Movement

Friday, December 29th, 2017

My first #MeToo memory is from the kitchen of the Red Eagle Diner on Route 59 in Rockland County, N.Y. I was 16 years old, had moved out of my home, and was financially on my own. The senior waitresses in this classic Greek-owned diner schooled me fast. They explained that my best route to maximum cash was the weekend graveyard shift. “People are hungry and drunk after the bars close, and the tips are great,” one said.

That first waitressing job would be short-lived, because I didn’t heed a crucial warning. Watch out for Christos, a hot-headed cook and relative of the owner. The night I physically rebuffed his obnoxious and forceful groping, it took all the busboys holding him back as he waved a cleaver at me, red-faced and screaming in Greek that he was going to kill me. The other waitress held the door open as I fled to my car and sped off without even getting my last paycheck. I was trembling.

Although there were plenty of other incidents in between, the next time I found myself that shaken by a sexual assault threat, I was 33 and in a Manhattan cab with a high-up official in the national AFL-CIO. He had structural power over me, as well as my paycheck and the campaign I was running. He was nearly twice my age and size. After offering to give me a lift in the cab so I could avoid the pelting rain walking to the subway, he quickly slid all the way over to my side, pinned me to the door, grabbed me with both arms and began forcibly kissing me on the lips. After a determined push, and before getting the driver to stop and let me out, I told the AFL-CIO official that if he ever did it again I’d call his wife in a nanosecond.

These two examples underscore that behind today’s harassment headlines is a deeper crisis: pernicious sexism, misogyny and contempt for women. Whether in in our movement or not, serious sexual harassment isn’t really about sex. It’s about a disregard for women, and it shows itself numerous ways.

For the #MeToo moment to become a meaningful movement, it has to focus on actual gender equality. Lewd stories about this or that man’s behavior might make compelling reading, but they sidetrack the real crisis—and they are being easily manipulated to distract us from the solutions women desperately need. Until we effectively challenge the ideological underpinnings beneath social policies that hem women in at every turn in this country, we won’t get at the root cause of the harassment. This requires examining the total devaluation of “women’s work,” including raising and educating children, running a home and caring for the elderly and the sick.

It’s time to dust off the documents from the nearly 50-year-old Wages for Housework Campaign. The union movement must step in now and connect the dots to real solutions, such as income supports like universal high-quality childcare, free healthcare, free university and paid maternity and paternity leave. We need social policies that allow women to be meaningful participants in the labor force—more of a norm in Western Europe where unionization rates are high.

Sexist thought is holding our movement back

Sexist male leadership inside the labor movement is a barrier to getting at these very solutions This assertion is sure to generate a round of, “She shouldn’t write that, the bosses will use it against us.” Let’s clear that bullshit out of the way: We aren’t losing unionization elections, strikes and union density because of truth-telling about some men in leadership who should be forced to spend out their years cleaning toilets in a shelter for battered women. And besides, we all know the bosses are far, far worse—and have structural power over tens of millions of women in the United States and beyond.

Some of the sexual harassers who see women as their playthings are men on “our side” with decision-making roles in unions. This mindset rejects real organizing, instead embracing shallow mobilizing and advocacy. It rejects the possibility that a future labor movement led by women in the service economy can be as powerful as the one led by men in the last century who could shut down machines. Factories, where material goods are produced by blue collar men are fetishized. Yet, today’s factories—the schools, universities, nursing homes and hospitals where large numbers of workers regularly toil side by side—are disregarded, even though they are the key to most local economies. Educators and healthcare workers who build, develop and repair humans’ minds and bodies are considered white and pink collar. This workforce is deemed less valuable to the labor movement, because the labor it performs is considered women’s work.

While presenting on big healthcare campaign wins at conferences, I’ve had men who identify as leftists repeatedly drill me with skeptical questions such as, “We thought all nurses saw themselves as professionals; you’re saying they can have class solidarity?” I wonder if these leftists missed which workers got behind the Bernie Sanders campaign first and most aggressively. I’ve hardly ever met a nurse who didn’t believe healthcare is a right that everyone deserves, regardless of ability to pay.

When I began negotiating hospital-worker contracts, which often included the nurses, I routinely had men in the movement say things like, “It’s great you love working with nurses. They are such a pain in the ass at the bargaining table.” These derogatory comments came from men who can’t stand empowered women who actually might have an opinion, let alone good ideas, about what’s in the final contract settlement. Many hold a related but distinct assumption: that the so-called private sector is more manly—and therefore, important—than the so-called public sector, which is majority-women. This belief also contributes to the devaluation of feminized labor.

Capitalism is one economic system, period. The fiction of these seemingly distinct sectors is primarily a strategy to allow corporations to feed off the trough of tax-payer money and pretend they don’t. This master lie enables austerity, which is turning into a tsunami post-tax bill. And yet white, male, highly educated labor strategists routinely say that we need totally different strategies for the public and private sectors. Hogwash.

This deeply inculcated sexist thought—conscious or not—is holding back our movement and contributing to the absurd notion that unions are a thing of the past. These themes are discussed in my book No Shortcuts, Organizing for Power in the New Gilded Age (Oxford, 2016).

The union movement has increased the number of women and people of color in publicly visible leadership positions. But the labor movement’s research and strategy backrooms are still dominated by white men who propagate the idea that organizing once worked, yet not anymore. This assertion is presented as fact rather than what it is: a structuralist argument. The erosion of labor law, relocation of factories to regions with few or no unions, and automation are the common reasons put forth. The argument omits the devastating failure of business unionism, and its successor—the mobilizing approach, where decision-making is left in the hands of mostly white male strategists while telegenic women of color with “good stories” are trotted out as props by communications staffers.

If you think these men are smarter than the millions of women of color who dominate today’s workforce, then an organizing approach—which rests the agency for change in the hands of women—is definitely not your preferred choice. Mobilizing, or worse, advocacy, obscures the core question of agency: Whose is central to the strategy war room and future movement? As for loud liberal voices—union and nonunion—that declare unions as a thing of the past, the forthcoming SCOTUS ruling on NLRB v Murphy Oil will prove most of the nonunion “innovations” moot. Murphy Oil is a complicated legal case that boils down to removing what are called the Section 7 protections under the National Labor Relations Act, and preventing class action lawsuits.

Murphy Oil blows a hole through the legal safeguards that non-union workers have enjoyed for decades, eviscerating much of the tactical repertoire of so-called Alt Labor, such as class-action wage-theft cases, and workers participating in protests called by nonunion community groups in front of their workplaces. The timing is horrific and uncanny: As women are finally finding their voices about sexual harassment at work, mostly in nonunion workplaces (as the majority are), Murphy Oil will prevent class action sexual harassment lawsuits.

Unions can’t win without reckoning with sexism and racism

The central lesson the labor movement should take from the #MeToo movement is that now is the time to reverse the deeply held notion that women, especially women of color, can’t build a powerful labor movement. Corporate America and the rightwing are out to destroy unions, in part, so that they can decimate the few public services that do serve working-class families, including the Children’s Health Insurance Program (CHIP), Medicaid, Medicare, Social Security and public schools. Movements won these programs when unions were much stronger. It makes sense that unions, and the women’s movement, should throw down hardest to defend and grow these sectors, largely made up of women, mostly women of color, who are brilliant strategists and fighters.

The labor movement should also dispense of the belief that organizing and strikes can’t work. It’s self-defeating. Unions led by Chicago teachers and Philadelphia and Boston nurses, to name a few, prove this notion wrong. The growing economic sectors of education and healthcare are key. These workers have structural power and extraordinary social power. Each worker can bring along hundreds more in their communities.

Another key lesson for labor is to start taking smart risks, such as challenging the inept leadership in the Democratic Party by running its own pro-union rank-and-file sisters in primaries against the pro-corporate Democrats in safe Democratic seats, a target-rich environment. As obvious as it might sound, this strategy is heresy in the labor movement. Women who marched last January should demand that gender-focused political action committees, such as EMILY’s list, use support for unionization as a litmus test for whether politicians running for office will get their support. No more faux feminist Sheryl Sandberg types.

It’s time for unions to raise expectations for real gender equality, to channel the new battle cry to rid ourselves of today’s sexual harassers into a movement for the gender justice that women in Scandinavian countries and much of Western Europe enjoy. To think of winning what has become almost normal gains in many countries—year-long paid maternity and paternity leave, free childcare, healthcare and universities, six weeks’ annual paid vacation—is not pie-in-the-sky. To fight for it, people have to be able to imagine it.

The percentage of workers covered by union-negotiated collective agreements in much of Western Europe, the countries with benefits women in this country desperately need, is between 80 percent and 98 percent of all workers. This compares to a paltry 11.9 percent in the United States, as of 2013. This is far beyond a phased-in raise to $15 and hour—still basically poverty, and a wage that most women with structural power in strategic sectors already earn.

Women can’t win without building workplace power

There’s enough wealth in this country to allow the rich to be rich and still eradicate most barriers to a genuine women’s liberation, which starts with economic justice in the workplace. Upper-class mostly white women drowned out working-class women, many of color, in the 1960s and 1970s. The results of second-wave feminism are clear: Even though some women broke corporate and political glass ceilings and won a few favorable laws, individual rights will not truly empower women. Unions—warts and all—are central to a more equal society, because they bring structural power and collective solutions to problems that are fundamentally societal, not individual.

Women in the United States are stuck with bosses who abuse them, because to walk out could mean living in their cars or on the streets—or taking two fulltime jobs and never spending a minute with their kids. Similarly, women are stuck in abusive marriages, because the decision to stop the beating means living on the streets. European women from countries where union contracts cover the vast majority of workers don’t, to the same extent, face the decision of losing their husband’s healthcare plan, or not having money to pay for childcare or so many of the challenges faced by women here. This country is seriously broken, and to fix it we must build the kind of power that comes with high unionization rates, which translate into political—not just economic—power.

Naming and shaming is not sufficient. Women need to translate the passion of this moment into winning the solution that will help end workplace harassment. A good union radically changes workplace culture for the better. The entire concept of a human resources office changes when a union is present. For example, when entering the human resources office, women aren’t alone: They’ve got their union steward. Union contracts effectively allow women to challenge bosses without being fired. Good unions do change workplace culture on these and many issues. Why else would the men who control corporations, and now the federal and most state governments, spend lavishly on professional union busters and fight so damn hard to destroy unions?

It’s going to take a massive expansion of unions again—like what happened in the 1930s, the last time unions were declared dead—before we can translate #MeToo into a demand that raises all workers’ expectations that this country can be a far more equal society. If we commit to this goal, we can achieve it. This time, the people leading the unions will be the same people who saved the nation from Roy Moore, because women of color are already at the center of the future labor force.

I went from sexual harassment in male-heavy restaurant kitchens to sexual harassment as a rare woman allowed into the kitchen cabinet of many successful campaigns. Whether it is union leaders ignoring the experience and genius of workers in today’s strategic employment sectors of education and healthcare, politicians following the corporate line or individual bad bosses harassing their employees, all of it comes down to a disrespect and disregard for women, especially women of color. If we focus on the power analysis, the answer is staring us in the face. There is no time to waste. Everyone has to be all-in for rebuilding unions.

This article was originally published at In These Times on December 27, 2017. Reprinted with permission.
Jane McAlevey is an organizer, author and scholar. Her first book, Raising Expectations (and Raising Hell), published by Verso Press, was named the “most valuable book of 2012” by The Nation Magazine. Her second book, No Shortcuts: Organizing for Power in the New Gilded Age, published by Oxford University Press, was released late in 2016. She is a regular commentator on radio and TV. She continues to work as an organizer on union campaigns, lead contract negotiations, and train and develop organizers. She spent the past two years as a Post Doc at the Harvard Law School, and is presently writing her third book—Striking Back—about organizing, power and strategy, forthcoming from Verso.

Trump Dept. of Labor Rule Would Legalize Employers Stealing Workers’ Tips

Friday, December 15th, 2017

Last week, the Trump administration launched yet another front in its war on workers when the Department of Labor (DOL) proposed a new rule that would allow restaurants and other employers of tipped workers to begin legally pocketing their workers’ tips. 

The DOL’s proposed rule would ostensibly allow restaurants to take the tips that servers and bartenders earn and share them with untipped employees, such as cooks and dishwashers. This may sound like as a reasonable change, since kitchen staff are essential to the dining experience. Indeed, we do need to reform how restaurant workers generally and tipped workers specifically are paid, including reducing pay disparities between “front of the house” workers and kitchen staff.

But this proposed rule is not really aimed at fixing these problems. How do we know? Because, critically, the rule does not actually require that employers distribute “pooled” tips to workers. Under the administration’s proposed rule, as long as tipped workers earn the minimum wage, employers could legally pocket those tips for themselves.

Evidence shows that even now, when employers are prohibited from pocketing tips, many still do. Research on workers in three large U.S. cities—Chicago, Los Angeles, and New York—finds that 12 percent of tipped workers had their tips stolen by their employer or supervisor. Recent research also shows that workers in restaurants and bars are much more likely to suffer minimum wage violations—meaning being paid less than minimum wage—than workers in other industries. In the 10 most populous states, nearly one out of every seven restaurant workers reports being paid less than the minimum wage.

In some cases, this is the result of employers illegally confiscating tips. In others, it may be the result of employers asking staff to work off the clock, taking illegal deductions from paychecks or paying less than minimum wage to workers who may feel they cannot speak up—such as formerly incarcerated individuals, undocumented workers or foreign guest workers. These violations amount to more than $2.2 billion in stolen wages annually—and that’s just in the 10 largest states.

With that much illegal wage theft occurring, it should be clear that when employers can legally pocket the tips earned by their employees, many will. And while the bulk of tipped employees work in restaurants, tipped workers outside the restaurant industry—such as nail salon workers, casino dealers, barbers and hair stylists—could also see their bosses begin taking a cut from their tips.

The Economic Policy Institute estimates that under the Trump administration’s proposed rule, employers would pocket nearly $6 billion in tips earned by tipped workers each year. Trump’s DOL even acknowledges that this could occur, stating “The proposed rule rescinds those portions of the 2011 regulations that restrict employer use of customer tips when the employer pays at least the full Federal minimum wage.” In other words, so long as servers, bartenders and other tipped workers are being paid the measly federal minimum wage of $7.25 per hour, employers can do whatever they please with those workers’ tips. The DOL claims that this is actually a benefit of the proposed rule because it “may result in a reduction in litigation”—that is, fewer tipped workers being able to sue employers who steal their pay.

The fact that Trump’s DOL would so brazenly work to undermine protections for one of the lowest-paid, most poverty-stricken segments of the workforce says a lot about this administration’s values. The federal DOL is many workers’ primary source of protection when mistreated by an employer. In fact, 14 states effectively defer their wage and hour enforcement capacity to federal officials—meaning that outside of a private lawsuit, the federal DOL is these workers’ only option for recourse.

An administration that genuinely cared about working people would crack down on employers stealing from workers, not propose to legalize it.

This blog was originally published at In These Times on December 15, 2017. Reprinted with permission. 

About the Author: David Cooper is a Senior Economic Analyst at the Economic Policy Institute.

Working People Need a Strong CFPB with a Leader Who Supports Its Existence

Wednesday, November 29th, 2017

The Consumer Financial Protection Bureau was created after the Great Recession of 2008 wreaked havoc on the U.S. economy, causing millions of families to lose their homes to foreclosure and forcing millions of working people onto the unemployment rolls. Its mission is to protect working people from tricks and traps in consumer financial products like home mortgages and credit cards.

The CFPB has proven extremely effective. Since its creation in 2010, the bureau has returned $12 billion to consumers wronged by lenders. Twenty-nine million consumers have received relief.

The bureau owes much of its success to strong leadership. Sen. Elizabeth Warren (D-Mass.) originally had the idea to create the CFPB when she was a law professor at Harvard and led the bureau in its infancy. In 2012, she was succeeded by Richard Cordray, who had a strong record of pursuing wrongdoing against consumers as Ohio attorney general before his time at the CFPB.

Cordray, however, resigned last week, and President Donald Trump named Office of Management and Budget Director Mick Mulvaney to replace him.

There are a few problems with this. First, Mulvaney already has a job leading the Office of Management and Budget and has shown no intention of stepping down from the post. Mulvaney also has been highly critical of the CFPB, calling it a “joke…in a sick, sad way.” Finally, there are legal questions about who gets to lead the bureau when the director steps down—the deputy director or someone appointed by the president.

In addition, Mulvaney’s former chief of staff, Natalee Binkholder, left Mulvaney’s congressional staff to go to work as a lobbyist for Santander, a bank that has faced sanctions from the bureau and is reportedly facing a CFPB lawsuit alleging that it overcharged consumers for car loans.

We learned the hard way from the financial crisis in 2008 that working people need the CFPB. We need the bureau to fight to protect us from predatory lenders and, in order to be effective in doing that, it needs to be led by a strong, full-time director who believes in its mission. Consumer financial protection is a full-time job, not a side gig for someone who things it’s a “joke.”

This blog was originally published at AFL-CIO on November 28, 2017. Reprinted with permission. 

About the Author: Heather Slavkin Corzo is the director of the AFL-CIO Office of Investment. She joined the AFL-CIO in 2007 as a research analyst and was the senior legal and policy adviser from 2007 through 2014.

Don't Pass Huge Tax Cuts for the Wealthy on the Backs of Working People

Monday, November 27th, 2017

Republican leaders in the U.S. Senate have proposed a job-killing tax plan that favors the super-rich and wealthy corporations over working people. We cannot afford to let this bill become law.

Here’s why this plan is a bad idea:

  • Millions of working people would pay more. People making under $40,000 would be worse off, on average, in 2021; and people making under $75,000 would be worse off, on average, in 2027.
  • The super-rich and Wall Street would make out like bandits. The richest 0.1% would get an average tax cut of more than $208,000, and 62% of the benefits of the Senate bill would go to the richest 1%. Big banks, hedge funds and other Wall Street firms would be the biggest beneficiaries of key provisions of the bill.
  • Job-killing tax breaks for outsourcing. The Republican tax plan would lower the U.S. tax rate on offshore profits to zero, giving corporations more incentive to move American jobs offshore. 
  • Working people would lose health care. Thirteen million people would lose health insurance, and health care premiums would rise 10% in the non-group market. Meanwhile, Republicans want to cut Medicaid and Medicare by $1.5 trillion—the same price tag as their tax bill.
  • Job-killing cuts to infrastructure and education. Eliminating the deduction for state and local taxes would drastically reduce state and local investment in infrastructure and lead to $350 billion in education cuts, jeopardizing the jobs of 350,000 educators.

Republican tax and budget plans would make working people pay the price for wasteful tax giveaways by sending our jobs overseas; killing jobs in infrastructure and education; raising our taxes; increasing the number of uninsured; and cutting the essential public services we depend on.

Call your senator today at 844-899-9913.

This blog was originally published at AFL-CIO on November 27, 2017. Reprinted with permission.

About the Author: Kelly Ross is the deputy policy director at AFLCIO. 

This is the elaborate system Congress created to protect sexual predators on Capitol Hill

Wednesday, November 22nd, 2017

On Tuesday, BuzzFeed reported that numerous woman on the staff of Rep. John Conyers (D-MI) say the congressman repeatedly sexually harassed them. Conyers’ conduct allegedly included “requests for sexual favors…caressing their hands sexually, and rubbing their legs and backs in public.” In at least one case, a woman who rebuffed Conyers’ advances says she was fired.

Yet until last night, Conyers’ behavior was secret. Why? There is no better place to be a sexual predator than the U.S. Congress.

Congress has created an elaborate system that protects sexual predators on Capitol Hill, including members of Congress and their staff. In the private sector and elsewhere in the government, victims of sexual harassment have the option of immediately filing a lawsuit and getting their grievances heard in court. But Congress has created a much different set of rules for victims who work on Capitol Hill.

The 180-day statute of limitations to request “counseling”

In order to pursue accountability for a sitting member of Congress for an alleged incident of sexual harassment or assault, a victim must file a written notice with the Office of Compliance within 180 days of the incident. If they don’t act within 180 days, they have no ability to pursue their claims. As reporting on Harvey Weinstein, Bill Cosby and others reveals, it can take years for victims to feel comfortable coming forward.

Furthermore, the form to file such a complaint is password protected; a victim must call the Office of Compliance to get the password to initiate the process.

The 30-day “counseling” period

After filing the complaint, the person alleging harassment or assault must participate in a 30-day counseling period. Yes, in Congress, the victims of sexual harassment must submit to counseling, as if there is something wrong with them. During this period, no one else — including the alleged harasser — is even notified the complaint has been filed.

The Office of Compliance puts a sunny face on this process, saying it “provides the employee with an opportunity to assess his/her case before deciding whether to pursue the claim(s) beyond counseling.” In other words, the process starts with a 30-day waiting period in which the victim is given the “opportunity” to consider dropping the entire matter.

The 15-day statute of limitations to request mediation

After going through the counseling process, the alleged victim has just 15 days to file a request for mediation. If they fail to do so, the claim is extinguished. The form to request mediation is also password protected and must be obtained from the Office of Compliance.

The 30-day mediation period

After the counseling process, the alleged victim is still prohibited from filing a case in court. Rather, they must enter mandatory, confidential mediation which lasts at least another 30 days. The mediation period involves “the employing office, employee, and [Office of Compliance] mediator.” The purpose of the mediation, according to the Office of Compliance, is to “resolve the dispute.”

The individual alleging harassment or assault is also required to keep this mediation secret. “All mediation shall be strictly confidential, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement,” according to the poorly named Congressional Accountability Act, which governs the process. The alleged perpetrator may not even be involved in this process, even if the claim is settled. John Conyers, whose case was settled through mediation, claimed he was unaware of any allegations against him — although sources tell BuzzFeed he did know.

There are also indications of misconduct within the Office of Compliance. Conyers’ settlement was confidential but documents were leaked by someone to Mike Cernovich, a right-wing conspiracy theorist and professional misogynist, who shared the documents with BuzzFeed.

The taxpayer-funded sexual harassment settlement

As part of the mediation process, the parties can reach a settlement to resolve the dispute. But this settlement is not paid by the person who actually conducted the sexual harassment. Rather, the settlement is paid by you, the taxpayer. “[O]nly funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settlements under this chapter,” the Congressional Accountability Actstates. This is why Conyers did not have to pay a penny of his own money to settle claims against his alleged victims.

According to the Washington Post, the Office of Compliance has paid more than $17 million over the past two decades to settle complaints regarding violations of workplace rules, including but not limited to sexual harassment cases. But BuzzFeed’s reporting indicates this doesn’t get at the scope of the problem. At least one settlement with a woman who alleged Conyers harassed her was paid from Conyers’ office budget, not from the Office of Compliance.

The 30-day waiting period and 60-day statute of limitations for filing a complaint

After making it through counseling and mediation, the victim must wait 30 days before doing anything. It’s unclear what this waiting period is for, other than to pressure the victim to accept a settlement offer or drop the claim. The victim then has just 60 days to either file an administrative complaint with the Office of Compliance or file a case in federal district court. The form to file an administrative complaint is also password protected. If the victim does not take any action within 90 days of the end of mediation, the claim is extinguished.

The secret administrative hearing

The administrative proceeding, unlike a federal court case, is also confidential and presents another opportunity for a perpetrator to keep the allegations secret. The hearings are closed to the public. (The hearing officer is empowered to dismiss any claim without a hearing if he or she judges the claim to be “frivolous.”) The responding party is not the individual that engaged in sexual harassment, but the office that employed that person. A record of the proceedings are only made public if the victim is successful.

If the victim disagrees with the decision, he or she must appeal first to the board of the Office of Compliance. After the Office of Compliance issue their decision, the victim may appeal to the United States Court of Appeals for the Federal Circuit. That means there will be no independent evaluation of the evidence, rather the appeals court simply reviews for arbitrary or capricious application of the law, a very high legal standard.

If the victim wins in the administrative hearing, the payment is made from taxpayer money. They are not entitled to receive civil penalties or punitive damages under the law. This keeps both the awards and the settlements fairly low. Over 20 years, Congress has paid $17.1 million to 264 victims, a figure that includes sexual harassment and other forms of discrimination — an average award of about $65,000.

A federal case against a congressional office, not the person engaging in sexual harassment

After all this, a victim still cannot sue a member of Congress or other staff member who engaged in sexual harassment. Rather, if a victim choses to forgo the administrative hearing, he or she can file a federal case against the office where the sexual harassment allegedly occurred. In this case, victims are still not entitled to civil penalties or punitive damages. This makes the choice to file a suit, in most cases, prohibitively expensive since even a successful case will not bring in a large award.

Whatever money is awarded still is not paid by the sexual harasser but by taxpayers.

With more recent scrutiny on the systems in place to hold accountable powerful men accused of assault and harassment, Sen. Kirsten Gillibrand (D-NY) and Rep. Jackie Speier (D-CA) recently introduced legislation to reform this process. Their bill would make counseling and mediation optional. It would also require hearings to be completed within 180 days after the complaint is filed. Complaints under the new legislation could also be filed anonymously. Members of Congress who personally engage in sexual harassment would be required to pay their own settlements and awards, rather than using taxpayer funds for this purpose.

The proposed bill — called the Member and Employee Training and Oversight On Congress Act, or ME TOO Congress — still requires an administrative complaint or civil action to be filed 180 days after the alleged incident.

Gillibrand and Speier’s bill has attracted three co-sponsors in the Senate and five in the House. All of Gillibrand’s co-sponsors are Democratic women. Speier’s co-sponsors include three Republican men.

This article was published at ThinkProgress on November 21, 2017. Reprinted with permission. 

About the Author: Judd Legum is the founder and editor in chief of ThinkProgress

Republicans want to give corporations yet another tax cut and call it paid family leave

Tuesday, November 21st, 2017

Americans want paid family leave—something people in most nations around the world already get. So it sounds like something to cheer that there’s a paid family leave provision in the Senate Republican tax plan, right? Yeah, no. This is very much a Republican family leave proposal, which is to say it’s a giveaway to big corporations that won’t get much for working Americans. 

The bill would give companies a tax credit for a small proportion of the worker’s pay, companies only get the credit at the end of the year—so if they can’t afford to offer leave up front, they can’t take advantage of it—and it expires in 2019.

“It’s a flimflam,” said Ellen Bravo, co-director at Family Values@Work, a national coalition of paid leave advocates. “It’s pretending to say we’re giving you something new that people urgently need when, in fact, it’s a giveaway to the bigger corporations that can already afford to do it.” […]

Several conservative economists agree. This kind of tax credit would most likely be embraced by companies that already offer paid family leave, wrote Aparna Mathur, a resident scholar in economic policy at the American Enterprise Institute.

“This is only a small step forward in this debate, not a giant leap,” Mathur said. “Much more can and should be done.”

Not to mention, including something they can call paid family leave is a great Republican trick for pretending their giant tax cuts for rich people package is good for working families. And—like this flimflam proposal—it’s just not.

Call your senators now at (202) 224-3121 and urge them to vote no on this giveaway to corporations and the wealthy at the expense of working families.

This blog was originally published at DailyKos on November 17, 2017. Reprinted with permission.

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

The Right Wing Has a Vast, Secret Plot to Destroy Unions for Good. Here’s How to Fight Back.

Thursday, September 14th, 2017

The vast right-wing network of Koch brother-funded “think tanks” is now plotting to finish off the public sector labor movement once and for all.

In a series of fundraising documents obtained by the Center for Media and Democracy of Madison, Wis., and published in the Guardian, the CEO of a cartel of 66 well-funded arch-conservative state capitol lobbying outfits promises funders a “once-in-a-lifetime chance to reverse the failed policies of the American left.”

Tracie Sharp, the leader of the States Policy Network (SPN), goes on to explain that the pathway to permanent right-wing victory is to “defund and defang” unions that rely on the legal protections of state labor law.

Though less well-known, the SPN is something of a sister organization to the American Legislative and Exchange Council (ALEC), which writes cookie cutter “model legislation” for right-wing state legislators.

SPN affiliates, like Michigan’s Mackinac Center and Ohio’s Buckeye Institute, promote ALEC’s agenda in the public sphere and attack organizations that are opposed to it. Both networks have effectively nationalized the conservative agenda in state legislatures.

The One Percent Solution

What’s fueling this drive is a combination of the vast sums of money that flow into elections in the Citizens United-era along with the gerrymandering that has helped rig elections in favor of Republicans. The result has frequently been “triple crown” GOP-led state governments that hold little accountability to voters but tremendous debts to their corporate masters.

University of Oregon professor Gordon Lafer has documented the rise of the corporate legislative agenda in all 50 states in his new book, The One Percent Solution: How Corporations Are Remaking America One State at a Time.

Lafer found that state bills pushed by ALEC and the SPN, along with more traditional business lobbyists like the Chamber of Commerce, generally fall into four broad categories.

The first, and most obvious, are efforts to constrain or destroy institutions that empower working people to fight back, such as labor unions.

Second are efforts to privatize public services. Lafer found these efforts were primarily intended to diffuse the responsibility of providing these services. “If no public authority is responsible,” he writes, “demands become customer-service issues rather than policy problems that must be addressed by democratically accountable officials.”

Third are efforts to block—or preempt—rebel cities from passing living wage or fair scheduling laws, thereby foreclosing on the ability for localities to defend and advance progressive goals.

Finally, through tax cuts for the wealthy and austerity-driven cuts to vital public services, Lafer found that this corporate agenda seeks a downward shift in what people come to expect for a basic standard of living.

In other words, the One Percent’s solution is to convince the rest of us, as the Dead Kennedys song goes, that soup is good food; that each new indignity is simply our new standard of living and that we shouldn’t expect more.

“Give yourself a raise”

If the States Policy Network does really strive for this One Percent goal outlined by Lafer, then it’s no wonder that the group has been most dogged in pursuing its union-busting agenda. SPN and ALEC have long understood what many Democratic politicians are only just beginning to realize: strong unions help keep right-wing politicians out of office while protecting the social safety net.

SPN and ALEC have aggressively pursued so-called “right-to-work” legislation as a means of bankrupting unions and knocking out a key component of their opponents’ get-out-the-vote operation. Twenty-eight states now have these anti-union laws on the books. Five of them—all former bedrocks of union power—were passed this decade as a part of the anti-union drive described in the documents released by the Center for Media and Democracy.

That’s hardly the extent of the role of these “think tanks” in busting unions. Flush with cash, they’ve begun volunteering their efforts as union avoidance consultants where no one has asked for their services.

In 2013, I was part of a drive to organize the workers at Chicago’s United Neighborhood Organization Charter School Network, under the terms of a neutrality agreement. The employer was getting rocked by a financial and insider dealing scandal that was a daily cover story in the local media. The schools’ employees joining the Chicago Alliance of Charter Teachers and Staff (ACTS) was the only positive headline they had to look forward to when we launched the card drive.

That didn’t stop an SPN affiliate, the Illinois Policy Institute (IPI), from harvesting teachers’ email addresses and spamming UNO’s e-mail lists with condescending admonitions to “not sign any union petition or authorization card unless you are certain that you want union representation.”

These union busters seemed to assume that the “launch” of our card drive meant a bunch of beefy goons were about to descend on the schools to strong-arm teachers. In fact, the public launch of the card drive was the union organizing equivalent of a touchdown dance. The representative, democratic organizing committee we had spent weeks training, educating and empowering signed up over 90 percent of their colleagues in time for a May Day card count certification.

The Illinois Policy Institute is better prepared for the upcoming Supreme Court case, Janus vs. AFSCME. Originating from Illinois, the case is a blatant do-over of the craven attempt to turn the entire public sector labor movement “right-to-work,” previously pushed in the Friedrichs case.

Should the Supreme Court vote to make union fees voluntary, the IPI and its sister organizations are prepared to run the mother of all “open shop” drives. They will likely FOIA the names and as much contact information as possible of every union-represented public sector worker and inundate them with glossy materials encouraging them to “give yourself a raise” by quitting the union.

How to fight back

The revelation of the SPN’s nakedly partisan agenda should open every one of its affiliates to challenges over their status as tax-deductible educational charities. These challenges are worth pursuing, if only to delegitimize their role in public debates. But this won’t really affect their bottom line—their funders have so much money they hardly need the tax breaks for donating to their favorite political causes.

In preparation for the post-Janus attacks, public sector unions should behave more like Chicago ACTS and confound the SPN’s moldy old assumptions about the source of union power. To do this, we need to greatly increase members’ democratic involvement in their unions. The slick “give yourself a raise” pamphlets will do the most damage in places where members think of the union as simply a headquarters building downtown. If that’s the extent of their interaction, workers could fall for the cheap trick of blaming the union for the stagnant wages and reduction in benefits that are actually the direct result of the GOP’s corporate agenda.

But where members are involved in formulating demands and participating in protest actions, they find the true value and power of being in a union. That power—the power of an active and involved membership—is what the right-wing most fears, and is doing everything in its power to stop.

This article was originally published at In These Times on September 14, 2017. Reprinted with permission.
About the Author: Shaun Richman is a campaign consultant and writer with fifteen years experience as a union organizing director and representative. He is a contributing editor to In These Times magazine.

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.”

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