Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘living wage’

The Hope From Audacity: Fight for $15 Pulls Off “Most Disruptive” Day of Action Yet

Tuesday, December 6th, 2016

David MobergChicago—The movement known as Fight for $15 started in New York City as a surprise one-day strike. The workers’ demands then were simple and bold. They wanted a minimum wage of $15 an hour and the right to organize a union.

The workers who initiated the campaign could no longer tolerate lengthy debates over penny increases to the state, local and federal minimum wages. They called for more than double the federal minimum wage, which stood then—and now—at $7.25 an hour.

This was a dream that seemed not only aspirational but downright crazy when Fight for $15 first launched. And it was put forward by some of the workers with the greatest need—occupants of the virtually interchangeable jobs of the vast modern low-wage economy. These are the jobs that people take not just as a first job, but as the first of dozens of similar jobs in a career with little progress.

To mark its fourth anniversary this week, the Fight for $15 organization staged its largest and “most disruptive” national action to date, which included strikes, non-violent civil disobedience and actions at major airports like the Chicago O’Hare International Airport.

Even though it still has a long way to go, Fight for $15 had reason to celebrate.

A new report from the National Employment Law Project (NELP) credits Fight for $15 with winning an increase of $61.5 billion in annual wages over its first four years, mostly through state and local minimum wage increases. In other instances, employers boosted workers’ pay under public pressure.

On balance, these victories for roughly 19 million workers yielded a total raise more than 10 times larger than the raise U.S. workers received from the last federal minimum wage hike in 2007, according to NELP. By Fight for $15’s accounting, its actions have raised wages for 22 million workers.

Still, employers in the United States pay less than $15 an hour to some 64 million workers.

Over the past four years, Fight for $15 has reached beyond its base in fast food restaurants and launched organizing efforts with a broad range of poorly-paid workers: home care and child care workers, early childhood teachers, university teaching assistants, Uber and other ride-share company drivers, airport workers and many others. It has also inspired more tightly organized, conventional unions to reach out to other low-paid, low-skilled workers, such as car washers and retail sales clerks.

As the organization has grown, Fight for $15 has taken up new tactics and demands, in part reflecting the preoccupations of its members. While its two core demands remain a $15 minimum wage and union rights, the organization now also calls for an end to structural racism, to police killings of black people and to deportations of immigrants.

A new report from the National Employment Law Project (NELP) credits Fight for $15 with winning an increase of $61.5 billion in annual wages over its first four years. (ROBYN BECK/AFP/Getty Images)

“We can’t keep living like this”

Before 6 a.m. Tuesday, a cool fall day, a crowd of several hundred protestors gathered outside a McDonald’s restaurant in the gentrifying but still largely working-class and immigrant neighborhood of Ukrainian Village on Chicago’s northwest side. Supporters unfurled a banner from a nearby grocery store. It read: “We Demand $15 and Union Rights, Stop Deportations, Stop Killing Black People.” The crowd chanted slogans, ranging from the humorously blunt (“We work, we sweat. Put $15 on our check!”) to the bluntly militant (“If we don’t get it. Shut it down!”) and the over-optimistically heroic (“El pueblo unido, jamas sera vencido!” Spanish for “United, the people will never be defeated”).

The crowd included local politicians like Cook County Commissioner and recent insurgent mayoral candidate, Jesus “Chuy” Garcia, and workers whose jobs worsened recently as well as many others whose jobs have never been good. Uber driver Darrell Imani represented one of the newest companies whose workers have turned to Fight for $15 to protect what they fear losing. When he started driving for Uber a couple of years and about 12,000 rides ago, he typically earned roughly $25 an hour, or $40,000 a year.

“Now we can barely pay for gas and services,” he lamented. “We can’t keep living like this. We can’t. Uber drivers are on strike for living wages. I love doing it, but I want to be able to pay the bills. I’m trying to organize the group to be a union. Uber is making billions of dollars, but we are the ones who are making it for them.”

Also in the crowd was Keith Kelleher, president of SEIU Healthcare Illinois, Indiana, Missouri and Kansas, a large local union. He has a long history of trying, and often succeeding in organizing implausible groups of workers. In Detroit, Kelleher briefly organized hamburger chain outlets. He managed to organize widely dispersed home care workers in Chicago and other parts of Illinois. And just a few years ago, he led a march of retail clerks and fast food workers down North Michigan Avenue, the swank shopping strip of downtown Chicago.

“It has solidified in my mind that organizing can’t just be about wages, hours and working conditions,” Kelleher says. “It also is not just traditional organizing. This [Fight for $15] is the wave of the future. Workers want a union, and you can build organizations off of this. That’s the challenge.”

Organizing in the future may look much more like earlier periods of American labor history when “open shops” were common, meaning that individual workers could join or not join a union, Kelleher said. Open shops could become the rule again, as a result of the spread of right-to-work laws and the possibility of conservative judges overruling unions’ right to collect a “fair share” of normal dues to cover expenses of representing workers who do not join the union.

Kelleher’s home care workers’ union started along the model of an open shop, then won an agreement to have the state government “check off,” or collect, dues. But the Supreme Court later ruled that the home and child care workers in Kelleher’s union were not full-fledged state employees and, therefore, the union could not have dues deducted from their paychecks. The union now collects dues itself from about 65,000 of its more than 90,000 members, a remarkable achievement given how dispersed those workers are.

If employers think an open shop will weaken unions by making them less stable, Kelleher cites an unattributed maxim: “Where you don’t have permanent organization, you have permanent war.”

“With a union, you’re stronger”

The airport strike at O’Hare, the world’s fourth busiest airport, was one of the more dramatic actions. A year ago, Service Employees International Union (SEIU) Local 1 launched a campaign to organize about 2,000 O’Hare workers, employed by a modest number of contractors for tasks that include cleaning airplane cabins, providing transport for passengers with mobility problems, handling baggage and other services.

Forty years ago, these workers were employed directly by each airline and wages and benefits were attractive. But those arrangements collapsed under pressure from strong outside forces. Airlines increasingly subcontracted work to independent, specialized firms, which competed for work from the airlines and thus felt pressure to cut labor costs.  And with deregulation of the airline industry, the carriers were subject to pressures to cut cost, which was easier to do when they employed contractors rather than direct hires.

Also, there was an economy-wide shift towards what David Weil, now the administrator of the Labor Department’s Wage and Hour Division, called the “fissured workplace,” where more powerful elements of the enterprise or workplace try to minimize their responsibility for anything except maximizing profits. President Ronald Reagan’s breaking the strike and union of the air traffic controllers further legitimized an anti-worker strategy that airline managers can deploy. One of the consequences is that from 2002 to 2012 outsourcing of baggage porter jobs more than tripled from 25 percent to 84 percent.

Despite having multiple employers, with a varied workforce, “workers’ resolve is very strong,” says Tom Balanoff, president of SEIU Local 1. An estimated 400 workers at O’Hare took part in the strike Tuesday.

“I think workers know the airlines can pay,” Balanoff says. “The airlines haven’t talked to us yet, but I think we got their attention,” and he believes the union has the political as well as industrial strength to prevail.

Andrew Pawelko hopes that’s true. A former auto paint detail worker, he now works as the lead in a cabin cleaning crew for Prospect, a major contractor to big airlines.

“I like cleaning and detail work,” he says, but “the job needs more pay.”

Pawelko, who took part in the strike, makes $12.50 an hour; members of his crew make $10.75. At a previous job, the employer persuaded workers to get rid of their union. A short time later, Pawelko’s benefits were cut.

“Union rights,” he says, “100 percent we need it, all of us.”

Rasheed Atolagbe-Aro, 50, a recent immigrant from Nigeria, is another strong union supporter who joined the strike, partly because of issues concerning safety and the high pressures at work.

“It’s high risk,” he says. “The spray used to clean is at a very serious level. But you’re fired if you refuse to come to work. With a union, you’re stronger.”

Although Fight for $15 is not a union, it can provide a way to fight on behalf of broad policies that help all low-wage workers, even if it has not yet created or even defined more localized vehicles to deal with individual member grievances, contracts and other traditional union tasks like signing up members, collecting dues and providing services. Such are some of the concerns about the group’s unconventional, loose structure, its lack of emphasis on formal membership and dues and its heavy financial dependence on the 1.8 million-member SEIU.

Can even a financially-strong union continue to underwrite such an ambitious undertaking?  What is the optimal amount of SEIU control over Fight for $15?

“We’re hoping to build this movement,” Mary Kay Henry, president of SEIU, said as she stood on a balcony at O’Hare along with more than a thousand members and supporters of Fight for $15, noting that Fight for $15 mustered actions in 340 cities and 20 airports in a single day, combining rallies and marches with more logistically-complicated tactics, such as civil disobedience. “Our plan is not to shape the organization into unions as we have known them, but something different.”

Henry takes inspiration from the way that the labor movement in Denmark, for instance, has raised fast food worker wages and workplace standards dramatically by sitting down and talking with corporate leaders in the field to negotiate an agreement. She says she hopes to do the same, perhaps within the coming year, by sitting down with McDonald’s, Burger King and Wendy’s—the big three in burgers—to negotiate an industry-wide agreement.

“Workers say a union is the way jobs become good jobs, the way to have a voice,” she said. “Organizing is the way to improve our lives.”

This blog was originally posted on In These Times on December 1, 2016. Reprinted with permission.

David Moberg, a senior editor of In These Times, has been on the staff of the magazine since it began publishing in 1976. Before joining In These Times, he completed his work for a Ph.D. in anthropology at the University of Chicago and worked for Newsweek. He has received fellowships from the John D. and Catherine T. MacArthur Foundation and the Nation Institute for research on the new global economy. He can be reached at davidmoberg@inthesetimes.com.

The airlines can support the people that support them: Why my family is fighting for $15 and union rights at O’Hare

Tuesday, November 8th, 2016

I work in the United Airlines terminal as a baggage handler at O’Hare Airport in Chicago. Not too long ago, the people doing my job made $22 an hour. Then United outsourced the jobs to Prospect.

Now I’m paid just $11 an hour. Let’s do the math. That’s half of what they used to pay.

Same job. Less money.

Sickening.

I live with my family. I help pay the bills and put food on the table. At 21 years old, I already handle more responsibility than a lot of people do in a lifetime.

My aunt and grandma also work at O’Hare. All three of us are underpaid. We’re tired of struggling just to get by.

The worst part is that we don’t get health benefits. When I was injured on the job, I had to pay for most of my treatment out of my own pocket.

That’s why I’m standing with my coworkers. Like airport workers across the country, we’re fighting for $15 and union rights.

On Martin Luther King, Jr. Day I was arrested for blocking the street outside United Airlines’ headquarters in Chicago—an act of nonviolent civil disobedience. This spring, I joined my coworkers on an unfair labor practice strike to protest the retaliation we faced for coming together for $15 and union rights.

Chicago is an expensive place to live. Fifteen dollars—at least—is what we need to live our lives.

We know the money is there. Our jobs used to be good jobs. We’re pumping huge profits into United—but we’re barely making enough to make ends meet.

We are not going to stop until airlines step up and make our airports good for our communities again.

This article was originally printed on SEIU.org in October 2016.  Reprinted with permission.

Raquel Brito is a baggage handler for Prospect Airport Services in the United Airlines terminal at O’Hare Airport in Chicago.

The Real Living Wage? $17.28 An Hour – At Least

Tuesday, October 25th, 2016

julie-221x300

Fifteen dollars shouldn’t be too much to ask – or demand.

In almost every state, a worker needs more than $15 an hour to make ends meet. Add in student debt, and the minimum living wage shoots up to $18.67 an hour nationally. A family with children needs significantly more.

That’s according to new research from People’s Action Institute, which calculates the national living wage at $17.28. A living wage is the pay a person needs to cover basic needs like food, housing, utilities and clothing, along with some savings to handle emergencies.

In some states, the living wage is much higher. New Jersey, Maryland, and New York have a living wage greater than $20 per hour for a single adult. In Hawaii and Washington, D.C., that figure hits almost $22 per hour. No state has a living wage for a single adult lower than $14.50 an hour.

This is the first report in the annual Job Gap Economic Prosperity Series to factor in the $1.3 trillion in student debt owed by college students nationwide into the calculation of what a living wage should be nationally and in the states.

“Students should not be saddled with thousands of dollars in debt after graduation. However, those who do graduate with debt need jobs that pay enough to make ends meet,” the report says. “And, making ends meet should include not only basic necessities like food and housing, but the ability to put aside money for savings and to pay off existing debt.”

In addition to calling for increasing the federal minimum wage to a living wage and eliminating the tipped subminimum wage, usually paid to people like restaurant servers, the report also calls for expanding tax-free student debt forgiveness and reinvesting in higher education to eliminate the need for student loans to begin with.

“We Just Choose Bills Out Of a Hat”

In Iowa, where the living wage is $15.10 an hour for a single person – twice the state minimum of $7.25 – and higher for families with children, people are doubling and tripling up on jobs, rooming together, and even turning to predatory payday loans.

Tonja Galvan is one of those Iowans. She makes a bit more than $20 an hour at the John Deere plant in Ankeny, near Des Moines, where she lives with her mother, daughter, and granddaughter. Even with three generations of the family working – her mother and granddaughter are paid much lower wages – they can never catch up.

“When we can’t pay everything,” Galvan says, “we just choose bills out of a hat to see what we’ll pay and what we’ll push to the next month.”

Galvan sees many other families struggling – and she’s helping take charge in a campaign with the Iowa Citizen for Community Improvement (Iowa CCI). Galvan has joined other workers, teachers, service providers, and other Iowans to press for a higher wage floor, hitting the doors in her community and speaking with county supervisors.

They’ve scored wins in four counties around the state – Johnson, Linn, Polk, and Wappelo – with a phase-in of new wage floors ranging from $10.10 to $10.75. (Johnson County’s will also be pegged to the consumer price index.)

Iowa CCI organizer Matthew Covington calls the increases “a step in the right direction,” but he’s the first to say they’re just a step. His organization is now making sure cities in Polk County match that county minimum, take it higher, and close exemptions for the restaurant and grocery industries. Meanwhile, Iowa CCI also has their sights set on the state legislature.

In Colorado, a coalition of nonprofits, faith groups, and small businesses are taking a different approach for raising the wage floor. They’re turning to the ballot box.

An initiative supported by this coalition, Colorado Families for a Fair Wage, would gradually increase the hourly minimum statewide to $12 by 2020.

Though the corporate opposition has poured money into the state, there’s plenty of business support for increase – and recent research from the University of Denver debunking claims of a negative impact on jobs.

In fact, Lizeth Chacón, executive director of Colorado People’s Alliance (COPA) and co-chair of the coalition, says the number of jobs grew after the state’s last minimum wage increase, in 2006. Those gains were seen in restaurants, small businesses, and rural areas. The number of small businesses in the state also increased.

“Small businesses helped put this proposal together,” says Chacón. “They said, ‘We’re already paying our staff more because we want them to be able to support their families and stay with us.’”

The People’s Action Institute living wage figures show just how needed these fierce campaigns are. As Iowa CCI’s Covington knows, the numbers aren’t academic. “The more we talk about actual costs,” he says, “the more it helps.”

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

Julie Chinitz is currently the special projects director for Alliance For A Just Society. She previously served as policy director from 2010 to 2012 and as a staff attorney/policy analyst from 2002. She developed projects combining participatory research, policy analysis, and base-building. Prior to joining the Alliance, she was an Equal Justice Fellow with Northwest Health Law Advocates, where she launched a program to increase access to health care in Washington’s Yakima Valley. She is a graduate of Oberlin College and Columbia University School of Law and has worked extensively with public interest and human rights organizations.

Minimum Wage Increases On the Ballot In Four States

Friday, September 16th, 2016

Terrance HeathThere’s a lot more going on in this election than the presidential race between Democratic nominee Hillary Clinton and Republican nominee Donald Trump. Borne out of the dedication and hard work of activists, ballot initiatives give citizens the opportunity to vote directly on legislation and constitutional amendments at the state and local level, sometimes even bypassing the legislature.

This year, People’s Action affiliates in four states have seen their hard work pay off by successfully getting initiatives to increase the minimum wage on the ballot.

 

Arizona

In Arizona, voters will decide whether to pass The Fair Wages and Healthy Families Initiative. The ballot initiative, if passed, will raise Arizona’s minimum wage to $10 per hour in 2017, and gradually raise it to $12 by 2020. It also provides “earned paid sick time,” which workers can use if they or a family member gets sick, and prohibits retaliation against employees who use the benefit. The measure does, however, retain the state’s law on tipping, which allows employers to pay workers who receive tips up to $3.00 less than minimum wage.

screen-shot-2016-09-16-at-2-55-14-pm

According to Arizonans for Fair Wages and Healthy Families:

– A minimum wage worker in Arizona only earns $17,000 per year.
– More than half of minimum wage workers in Arizona are women.
– More than 27 percent of Arizona’s low-wage earners are parents.
– 45 percent of Arizonans don’t have access to earned sick days.

Those numbers tell the stories of people like Riann Norton, a single mother two, who often has to miss work in order to care for her chronically ill young daughter, or Iraq War veteran Luis Cardenas, who came home only to join the ranks of veterans struggling to meet their basic needs with low wages.

The measure is supported by a number of coalition partners, including Living United for Change in Arizona (LUCHA), which is part of the Fight for $15 movement, and organized community members to petition fast-food chains like McDonald’s and grocery stores like El Super to pay their workers living wages.

Colorado

Colorado’s State Minimum Wage Amendment will raise the state’s minimum wage to $9.30 per hour effective January 1, 2017, and increase it by $0.90 every January, until it reaches $12 per hour in 2020. After 2020, the wage will be adjusted for increases in the cost of living. The law allows employers to pay employees who also make tips up to $3.02 less than minimum wage.

The Colorado People’s Alliance, which worked to get the initiative on the ballot, says that nearly half a million Coloradans will see their wages increase if the measure passes — including 263,000 women, or 22 percent of female workers in the state. One in five Coloradans would get a raise, and 86 percent of them will be adult workers over 20 years old. Currently in Colorado, full-time minimum-wage workers earn about $300 per week, or $17,000 a year.

According to a recent University of Denver study, increasing Colorado’s minimum wage would pump up to $400 million into the state’s economy and raise the standard of living for one in five households.

screen-shot-2016-09-16-at-2-57-20-pm

About 400,000 Colorado households, half of those families with children, will see higher incomes if the amendment passes.

Colorado’s minimum wage amendment currently holds a 13-point lead in the first publicly released poll on the proposal. Of likely 2016 general-election voters, 55 percent support the amendment, while 42 percent oppose it, and 3 percent remain undecided. That’s good news for workers like Marilyn Sorenson, a home health care worker who finds after more than 20 years, her paycheck hasn’t kept up with her basic expenses; and business owners like Vine Street pub owner Kevin Daily, who says that increasing the wage will boost productivity by lowering workers’ financial stress, and increase the number of people “with more money in their pockets so they can afford a beer and a meal.”

Maine

The Minimum Wage Increase Initiative, Question 4 on Maine’s state ballot this year, will increase the general minimum wage to $12 an hour by 2020. The initiative also increases the wage for tipped workers from half of minimum wage to $5 an hour in 2017, then increases it by $1 every year, until it is equal to the general minimum wage by 2024.

Republican Governor Paul LePage joined business groups in an attempt to push a smaller wage increase through the state legislature. Republicans on the legislative budget committee took the budget hostage, saying they would only negotiate new spending if Democrats supported a smaller wage increase. However, none of the competing proposals passed the House, so there is no competing measure on the ballot.

According to a study by the nonprofit poverty relief group Oxfam, Maine has the highest percentage of low-wage workers in the Northeast. “So 32 percent of Maine workers are currently paid less than $12 an hour,” says Mike Tipping of the Maine People’s Alliance. Neighboring states Vermont and New Hampshire came in at 26 and 24 percent, respectively.

Washington

Washington state’s Initiative Measure No. 1433 will increase the state’s minimum wage to $11 per hour in 2017, $11.50 in 2018, $12 in 2019, and $13.50 in 2020. The initiative will also require employers to provide paid sick leave and follow related laws. Washington’s Democratic governor Jay Inslee volunteered to help Raise Up Washington collect signatures for the initiative, and spoke out in favor of it:

“No one who works 40 or more hours a week should struggle to make ends meet,” Inslee said. “And no parent should have to choose between staying home to take care of a sick child or losing a paycheck. Initiative 1433 will lift up workers and families across this state and boost our local economies.”

Washington’s initiative will help women in two important ways. Women are the primary breadwinners in almost half of all households with children. But women make up 60 percent of minimum wage workers in Washington state. Women are also 10 times more likely to stay home with a sick child than their male partners.

screen-shot-2016-09-16-at-2-58-34-pm

If the initiative passes, women will earn more, and will no longer have to choose between their jobs and their families.

Other Initiatives

Increasing minimum wage isn’t the only progressive issue on the ballot this year:

– In Maine, Question 2 will create an additional 3 percent tax surcharge on incomes exceeding $200,000 per year. The revenue from the increase will be earmarked to help fund K–12 public education.

– In Howard County, Maryland, voters will decide if they want a citizen-funded campaign system, to boost the power of small, individual donations, and encourage more candidates to run without the burden of raising major funds. The initiative, Question A, is supported by Fair Elections Howard, Progressive Maryland, and other progressive organizations.

State and local progressive activists are leading the way and not waiting for Congress to act on important issues that impact America’s working families. As a result, this year’s election could yield a number of progressive victories.

This post originally appeared on ourfuture.org on September 15, 2016. Reprinted with Permission.

Terrance Heath is the Online Producer at Campaign for America’s Future. He has consulted on blogging and social media consultant for a number of organizations and agencies. He is a prominent activist on LGBT and HIV/AIDS issues.

Minneapolis and Arizona voters will get a chance to raise the minimum wage

Monday, August 29th, 2016
LauraClawson Voters in Arizona and Minneapolis, Minnesota, will have the chance to vote on minimum wage increases this November, according to court rulings in both places. In Minneapolis:

A Hennepin County judge on Monday overruled the Minneapolis City Council’s decision to block a $15 minimum wage charter amendment, ordering that the issue be placed on the November ballot.

City officials are appealing the decision, though. Minnesota’s minimum wage is $9.50 an hour for large employers and $7.75 an hour for small employers.

CHICAGO, IL - APRIL 14: Demonstrators demanding an increase in the minimum wage march in the streets on April 14, 2016 in Chicago, Illinois. The demonstrators marched to and protested in front of several locations, part of a day-long effort to draw attention to low-wage jobs. The demonstration was one of about 300 scheduled to take place nationwide today. (Photo by Scott Olson/Getty Images)

In Arizona

The Arizona secretary of state’s office says a voter initiative raising the state’s minimum wage from $8.05 per hour to $12 an hour by 2020 has made the November ballot.

Friday’s determination came just hours after a judge rejected a challenge to what is now officially called Proposition 206.

With congressional Republicans keeping the federal minimum wage stuck at $7.25 an hour, a living wage (or anything approaching a living wage) is left up to states and cities to do piecemeal, and every election day lately seems to see a few more ballot initiatives on the issue. The workers of the Fight for $15 have changed the debate from a high-end goal of $10.10 an hour to an America in which $15 is becoming a reality in a few places.

This article originally appeared at DailyKOS.com on August 24, 2016. Reprinted with permission.

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

What Scott Walker’s Elimination Of Wisconsin’s Living Wage Law Means For Workers

Wednesday, December 9th, 2015

Bryce CovertLast year, 100 low-wage workers in Wisconsin decided to sue their governor, Scott Walker (R), over their pay. The state had a century-old statute on the books saying that the minimum wage “shall be not less than a living wage,” enough “to permit an employee to maintain herself or himself in minimum comfort, decency, physical and moral well-being.” The workers said they weren’t making enough to meet that standard, demanding the governor take the required action to increase it.

But this week they were handed a final defeat: A judge dismissed their lawsuit. That’s not because Walker’s administration was found to be in compliance with the statute. It’s because rather than increase the state’s minimum wage, the administration simply erased the law.

“The lawsuit has just been dismissed because there’s now no law to rule on,” explained Lisa Lucas, communications director for Wisconsin Jobs Now, one of the groups that helped bring the original suit. “So it wasn’t surprising. But it was disappointing.”

An 11-hour addition to the state budget passed and signed in July eliminated the living wage statute, instead replacing all references to a living wage with the words “minimum wage.” “The budget itself was a really sneaky, underhanded way to do it,” Lucas said. “They stuck the repeal in an omnibus motion.” And it also flew under the radar thanks to bigger controversies over other such additions, such as the failed attempts to gut the state’s government transparency laws.

The budget’s amendment completely changed the ordinance. It was specifically put forward in 1913 to ensure that women and minors were paid enough to be able to afford the cost of basic necessities like rent and clothing, which was updated in 1919 to cover all workers. Now it merely ensures a minimum wage, which hasn’t been increased in Wisconsin since the last time the federal minimum wage went up in 2009.

And in that intervening time since the last hike, new Census Bureau numbers show that median household income fell significantly in two-thirds of counties in the state, dropping by at least 10 percent in 10 and only rising in two. Lucas sees a connection to the minimum wage. “Prices have gone up, everything has gone up including rent, except the minimum wage,” she said. And an analysis by her organization found that nearly 47 percent of the state’s workers make less than $15 an hour.

Lucas said discussions with the legal team at her organization are still ongoing, but given that there’s no law to sue under anymore, it is unlikely to pursue more legal action. Instead, the group is focusing on political pressure in 2016 to rally voters and elect officials who support a minimum wage increase. And while the defeat was disappointing, it may have come with a silver lining. “If there’s anything good that comes out of it, it’s just revved up the community to work that much harder in 2016,” she said. The workers themselves who were involved in the original suit “are more amped up than ever to go elect some people who will support them and fight for their values.”

And while she pointed out that a $15 minimum wage bill has gained some support in the state legislature, she also said her group will be focused on issues in addition to a higher minimum wage: paid leave, scheduling reform, and more full-time hours among them. “Besides wages, there’s other things that workers need,” she said.

Wisconsin is “home of the labor movement,” she noted. “We’re proud of our progressive history and we want to continue living it.”

This blog originally appeared at ThinkProgress.org on December 3, 2015. Reprinted with permission.

About the Author: Bryce Covert is the Economic Policy Editor for ThinkProgress. She was previously editor of the Roosevelt Institute’s Next New Deal blog and a senior communications officer. She is also a contributor for The Nation and was previously a contributor for ForbesWoman. Her writing has appeared on The New York Times, The New York Daily News, The Nation, The Atlantic, The American Prospect, and others. She is also a board member of WAM!NYC, the New York Chapter of Women, Action & the Media.

 

Childcare Workers Need a Living Wage

Tuesday, November 17th, 2015

seiuWhen a group of young fast food workers decided to lift their voices on the job and join together in the demand for better wages, no one believed anything tangible would come from it. Two months ago, those same workers won $15/hr.

Their action and bravery sparked a global movement known as the Fight for 15, and as a childcare worker who cares for other children while barely making enough to care for myself, I am proud to be in the Fight For 15. We deserve to be able to take care of our families just as well as we take care of the children in the classroom.

Enough is enough.

Nearly half of all workers across the country make less than $15 an hour – workers in fast food, home care, child care, airports and universities. We are uniting with low wage workers throughout the country because poverty wages must end.

We are in the streets because the cost of living continues to increase while wages remain stagnant. About one in seven childcare workers lives below the official poverty line. In many regions, preschool and childcare workers earn a fraction of what’s required for a minimally decent standard of living.

I have raised four great kids as a childcare worker by picking and choosing which bills to pay. I have over 15 years of experience and still only earn $8.50 an hour. One day I would like to move up and lead my own classroom but that’s not possible with my CDA (Child Development Associate Credential. There is no room for the expense of additional classes in my tight budget.

11 million Americans have won raises since the first fast food strike. We are winning because we are united in the fight for a society we want: one where we can give our families a good life, support our communities, and leave a more safe and stable world for future generations. I am all in on this fight and you should be too.

This article was originally printed on SEIU in November, 2015.  Reprinted with permission.

Bar Owner Eliminates Tips So He Can Pay Cooks And Dishwashers A Living Wage

Wednesday, August 5th, 2015

Bryce CovertPortland, Oregon’s new bar Loyal Legion doesn’t just offer customers 99 different beer choices. It also requires them to pay zero in tips.

When owner Kurt Huffman opened the bar, he wanted to figure out to deal with a problem plaguing all of his establishments: the nearly impossible search to hire talented staff in the back of the house cooking and prepping food and washing dishes. “I can’t find line cooks anymore,” he said. The search for a single cook takes his team three or four weeks, an eternity in the business. “I’ve got to figure out how to get the kitchen more money so we can keep talent.”

He noted that the cost of living in the city is so high that almost all of his dishwashers and line cooks have to work two jobs to get by. “The system is broken in terms of how people are paid,” he said.

So to create a new pool of money to be able to increase the wages in the back to be comparable with what the people serving customers in the front are making, he eliminated tipping and instead has raised prices by 20 percent — so a beer has gone from $5 to $6. That’s allowed him to increase the minimum pay for the back of the house to $15 an hour, which increases to $18 after three months. The front of the house will also get an $18 minimum wage.

Huffman himself used to work in the back of restaurants, and he noted that the new system allows him to address an “ethical dilemma” he faced when paying those positions less than servers and bartenders who also rake in tips. “I used to work with dishwashers and cooks, and everybody is busting our ass,” he explained.

A growing wave of American restaurants has been getting rid of tipping in favor of a variety of other models. While it started with high-end places on the coasts, it’s now extended to bars like Huffman’s, diners, coffee shops, and barbecue joints. One piece of the reasoning, which Huffman also noted, is that tipping is no longer an expression of gratitude for service but simply a given. “In the olden days, tips were actually an index of quality of service,” he said. “They aren’t anymore. People tip always the same.” In fact, the quality of service only accounts for a percentage point or so change in the size of tips; instead, they tend to fluctuate more on gender, race, and looks.

The no-tip model could also serve as an experiment for how his sit-down restaurants might address a higher minimum wage. Huffman expects a $15 minimum wage requirement will soon be enacted in Portland given that it’s already been passed in San Francisco and Los Angeles, the cityraised the wage for its own workforce to that level earlier this year, and voters will weigh in on an overall hike to that level come November. “I think everybody in the restaurant industry, everybody who’s paying attention, is thoughtful and mindful of how we’re going to address that change,” he said.

His company ChefsTable Group has 16 restaurants, and he estimated that for six of them, that sort of cost increase will be nearly impossible to contend with without other changes. One change he’s considering is adding an automatic gratuity to the bill — perhaps 5 percent — that would go to helping cover that cost, and customers would be able to add what they wanted on top of that.Some restaurants in other cities are instituting higher wages before they even go into effect by eliminating tips and raising prices.

This blog originally appeared in ThinkProgress.org on August 5, 2015. Reprinted with permission.

Bryce Covert is the Economic Policy Editor for ThinkProgress. She was previously editor of the Roosevelt Institute’s Next New Deal blog and a senior communications officer. She is also a contributor for The Nation and was previously a contributor for ForbesWoman. Her writing has appeared on The New York Times, The New York Daily News, The Nation, The Atlantic, The American Prospect, and others. She is also a board member of WAM!NYC, the New York Chapter of Women, Action & the Media.

The buck starts here: Living wages and sustainable employment (Part II)

Tuesday, March 24th, 2015

IMG_0156a1_2-2The massive push toward subcontracting and supply chains I wrote about in my prior post didn’t happen overnight, and it certainly won’t be fixed overnight either. There are many pieces to this puzzle, all in the service of one big overarching principle: Lead companies must take their fair share of responsibility for the pain and misery that is generated when they squeeze too much from their suppliers and subcontractors. Here are some of the pieces:

1.  Challenge Payroll Fraud.  What used to be called “misclassification” of employees as independent contractors is really the practice of defrauding employees out of social security, overtime, worker’s compensation, health and safety protections, family and medical leave, unemployment insurance, protections against discrimination, and the right to bargain collectively, among other things. In addition to losing these protections, employees who become “independent contractors” have to cover their own costs.

Cases challenging bogus “independent contractor” status have been multiplying as more and more businesses adopt this practice in order to cut their payroll costs. Last August, the Ninth Circuit held that thousands of FedEx truck drivers were employees, even though FedEx called them independent contractors.  Recently, the judge in a misclassification case against Uber ruled that a jury should decide whether the drivers employees of the company, and noted that “many of the factors in that test appear outmoded” in the “context of the new economy.”

Former Secretary of Labor Robert Reich has proposed that, instead of waiting for the courts to decide these cases one-by-one, the IRS and Department of Labor adopt a new, simpler test: “Any corporation that accounts for at least 80 percent or more of the pay someone gets, or receives from that worker at least 20 percent of his or her earnings, should be presumed to be that person’s employer.”

2.  Treat Lead Companies as Joint Employers. Every federal circuit and many state courts have their own version of the “joint employer” test to determine when one company should be liable for the wage and hour violations of another – including subcontractors or franchisees. Some of these tests are being re-examined to take into account the ways in which “lead companies” maintain control.

In December 2014 the National Labor Relations Board issued complaints naming McDonald’s Corp. as a joint employer of workers at its franchises. In another case, theNLRB has proposed a “totality of the circumstances” test that would impose joint employer status on any company that wields sufficient influence over the working conditions of the other company’s employees, to make meaningful bargaining impossible in its absence. A similar rule in state and federal courts would recognize the significant power and control that is exerted from the top.

3.  Enforce Supply Chain Liability. Regulators and legislators are also coming to recognize the need to affix responsibility at the top of an industry.  California Labor Code Section 2810.3, which became effective January 1, 2015, provides that an employer must share responsibility for wages, taxes, and workers compensation with the middlemen who provide the labor to the employer. In a similar vein, a provision of the Fair Labor Standards Act known as the “hot goods” provision, prohibits the selling or transporting in commerce any goods produced in violation of the FLSA’s wage and overtime provisions.

Decent wages and safe working conditions are not just an idealistic goal. The lack of a healthy middle class hurts all of us. Public health researcher Richard Wilkinson has reported that the average well-being of modern societies — including health, lifespan, literacy levels, crime levels, and so on — is no longer correlated with national income or economic growth, but with the extent of income inequality. The Center for American Progress has just issued an exhaustive report on “inclusive prosperity,” concluding that nations succeed when their middle class is secure in the expectation that those willing to work are able to work and that standards of living will increase.

Clearly, more work needs to be done. It is time to invest in living wages and sustainable employment, instead of pioneering ever more ways to create dead-end jobs that benefit only those at the very top.

This article originally appeared in CELAVOICE.ORG on March 23, 2015. Reprinted with permission.

About the Author: Anne Richardson is the Associate Director of Public Counsel Opportunity Under Law, a project aimed at eliminating economic injustice on behalf of underrepresented workers, students, and families throughout California and nationwide. Previously she was a partner at Hadsell Stormer Richardson & Renick representing plaintiffs in all varieties of employment discrimination and civil rights matters for over twenty years. A graduate of Stanford Law School, she has been named to the Top 100 Lawyers in Southern California and has received numerous honors for her work.

Low wages & unpredictable schedules: A toxic combination for part time employees

Wednesday, December 3rd, 2014

OLYMPUS DIGITAL CAMERAIn a society that blurs the lines between corporations and people, perhaps it was inevitable that some employers would blur the lines between people and inanimate objects.  Even so, it is shocking to learn that in a growing number of low wage industries, employers  treat part time employees as fungible, disposable assets, instead of human beings worthy of  respect.

Part time workers who toil in retail, food service, and janitorial jobs often find that their time is treated like just another production cost to be sacrificed on the altar of “maximizing profitability.”  They may be kept “on-call” with no compensation, assigned shifts with short notice, or burdened with unpredictable, fluctuating hours.  Even if scheduled to work, they may be told “we don’t need you today,” and sent home empty-handed.

When the labor needs of a business increase, a part time employee’s request for increased hours or  full time work is often denied.  Why? It is more “cost effective” to hire an additional part time worker than to pay a current employee the statutorily mandated benefits that come with increased hours.  Job security is illusory.  Nothing stops an employer from firing a part time employee who refuses to come in on short notice, even if the cause is a sick child or inability to rearrange an established childcare schedule at the last moment.

In addition to being inhumane, these insecurity-inducing employment practices take a huge toll on the  nation’s economic and social health. Without a predictable schedule, how can a low skilled worker improve his or her employability through education? How can a working mother arrange for stable childcare? How can a low wage worker take on additional part time employment to raise the family income above poverty level?

Scheduling abuse of low wage part time workers is a serious social issue that is finally getting the attention it deserves.   On July 22, California Representative George Miller and Connecticut Representative Rosa DeLauro introduced  H.S. 5159, “The Schedules that Work Act” in the House of Representatives.   A companion bill sponsored by Senators Elizabeth Warren and Tom Harkin will be taken up by the Senate.

“The Schedules that Work Act” is characterized by its proponents as a conversation starter about the devastating effect of unreasonable scheduling demands – a practice that has become commonplace in industries as diverse as Big Box stores, fast food chains and multi-national banks.  If enacted, it would prevent retaliation against employees who ask for schedule adjustments;  create an interactive process for employees to obtain accommodation for caregiving responsibilities, classes, second jobs, and other needs;  require employers to provide at least two weeks advance notice of work schedules; and provide at least some compensation for last minute schedule changes, split shifts and early dismissals.

Unfortunately, the bill’s provisions, modest as they are, may be too controversial to pass the gridlock in Congress.  While employer-side representatives loudly proclaim the benefit of flexible part time schedules for both employers and employees, the Bureau of Labor Statistics reports  that roughly 7.5 million employees are working part time only because their hours were cut or they were unable to find full time work.

This is not to say that flexible part time scheduling can never be beneficial for employees.  A predictable flexible schedule — one that enables part time employees to take a second job, to enroll in a training course or to provide care for family members – would be highly desirable to many.

There are hopeful signs of change to come at the local level.  In San Francisco,  Supervisor Eric Mar is poised to introduce the aptly named “Retail Workers Bill of Rights” to the Board of Supervisors at its July 29 meeting.   The proposed ordinance targets “formula retail” businesses,  a designation that includes chain stores, fast food restaurants, and multi-national banks.   Among the rights granted to employees are the right to  four hours pay for “on call” time or shift cancellation on short notice and the right to be offered additional hours before  any new part time workers are hired. The bill is supported by Jobs with Justice, a broad coalition of labor, community and small business groups.

The families of part time low wage workers need and deserve help creating a path out of their current predicament.  The toxic combination of low wage employment and unpredictable schedules is a form of involuntary servitude that should have no place in 21st century America.

In a society that blurs the lines between corporations and people, perhaps it was inevitable that some employers would blur the lines between people and inanimate objects.  Even so, it is shocking to learn that in a growing number of low wage industries, employers  treat part time employees as fungible, disposable assets, instead of human beings worthy of  respect.

Part time workers who toil in retail, food service, and janitorial jobs often find that their time is treated like just another production cost to be sacrificed on the altar of “maximizing profitability.”  They may be kept “on-call” with no compensation, assigned shifts with short notice, or burdened with unpredictable, fluctuating hours.  Even if scheduled to work, they may be told “we don’t need you today,” and sent home empty-handed.

When the labor needs of a business increase, a part time employee’s request for increased hours or  full time work is often denied.  Why? It is more “cost effective” to hire an additional part time worker than to pay a current employee the statutorily mandated benefits that come with increased hours.  Job security is illusory.  Nothing stops an employer from firing a part time employee who refuses to come in on short notice, even if the cause is a sick child or inability to rearrange an established childcare schedule at the last moment.

In addition to being inhumane, these insecurity-inducing employment practices take a huge toll on the  nation’s economic and social health. Without a predictable schedule, how can a low skilled worker improve his or her employability through education? How can a working mother arrange for stable childcare? How can a low wage worker take on additional part time employment to raise the family income above poverty level?

Scheduling abuse of low wage part time workers is a serious social issue that is finally getting the attention it deserves.   On July 22, California Representative George Miller and Connecticut Representative Rosa DeLauro introduced  H.S. 5159, “The Schedules that Work Act” in the House of Representatives.   A companion bill sponsored by Senators Elizabeth Warren and Tom Harkin will be taken up by the Senate.

“The Schedules that Work Act” is characterized by its proponents as a conversation starter about the devastating effect of unreasonable scheduling demands – a practice that has become commonplace in industries as diverse as Big Box stores, fast food chains and multi-national banks.  If enacted, it would prevent retaliation against employees who ask for schedule adjustments;  create an interactive process for employees to obtain accommodation for caregiving responsibilities, classes, second jobs, and other needs;  require employers to provide at least two weeks advance notice of work schedules; and provide at least some compensation for last minute schedule changes, split shifts and early dismissals.

Unfortunately, the bill’s provisions, modest as they are, may be too controversial to pass the gridlock in Congress.  While employer-side representatives loudly proclaim the benefit of flexible part time schedules for both employers and employees, the Bureau of Labor Statistics reports  that roughly 7.5 million employees are working part time only because their hours were cut or they were unable to find full time work.

This is not to say that flexible part time scheduling can never be beneficial for employees.  A predictable flexible schedule — one that enables part time employees to take a second job, to enroll in a training course or to provide care for family members – would be highly desirable to many.

There are hopeful signs of change to come at the local level.  In San Francisco,  Supervisor Eric Mar is poised to introduce the aptly named “Retail Workers Bill of Rights” to the Board of Supervisors at its July 29 meeting.   The proposed ordinance targets “formula retail” businesses,  a designation that includes chain stores, fast food restaurants, and multi-national banks.   Among the rights granted to employees are the right to  four hours pay for “on call” time or shift cancellation on short notice and the right to be offered additional hours before  any new part time workers are hired. The bill is supported by Jobs with Justice, a broad coalition of labor, community and small business groups.

The families of part time low wage workers need and deserve help creating a path out of their current predicament.  The toxic combination of low wage employment and unpredictable schedules is a form of involuntary servitude that should have no place in 21st century America.

This blog originally appeared in CelaVoice.org on July 24, 2014. Reprinted with permission. http://celavoice.org/tag/part-time-work/

About the Author: Charlotte Fishman is a San Francisco attorney with over 30 years of experience handling employment discrimination cases on the plaintiff side. In 2005 she launched Pick Up the Pace, dedicated to overcoming barriers to women’s advancement in the workplace through legal advocacy and public education. She has authored amicus curiae briefs in major cases before the United States and California Supreme Court and writes and speaks to a wide audience on cutting edge employment issues affecting women.

Your Rights Job Survival The Issues Features Resources About This Blog