Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘preemption’

Southern Cities Are Passing Paid Sick Leave—But Republicans Won’t Let Them Have It

Friday, August 24th, 2018

On August 16, the San Antonio city council voted 9-2 to pass a paid sick leave ordinance that will allow residents to earn an hour of time off for every 30 hours worked up to six days a year at small employers and eight at larger ones. 

The United States is alone among 22 wealthy countries in having no national guaranteed paid sick-leave policy. As a result, states are left to pass their own laws, and in those like Texas where GOP legislatures stand opposed to paid sick leave, it’s up to the cities.

San Antonio became the 33rd city in the country to take such a step, and the second in the South after Austin passed a similar law in February.

The San Antonio law is supposed to go into effect in January, and Austin’s was scheduled to go into effect in October. But the fate of both laws is up in the air.

The very day after San Antonio’s ordinance passed, an appeals court temporarily put Austin’s law on hold in the midst of a lawsuit brought by the conservative Texas Public Policy Foundation— a member of the Koch-backed State Policy Network—that claims the law violates the Texas Minimum Wage Act.

Even if that lawsuit fails, many Republican members of the Texas legislature have vowed to pass legislation to block such local progressive laws throughout the state. Lawmakers are expected to take up broad preemption legislation as a top priority when the next legislative session begins in the new year.

Texas cities have watched the state erase their laws before. After he took office in 2015, Gov. Greg Abbott pledged to preempt cities’ ability to pass their own ordinances. In 2017 he explained this decision would “continue our legacy of economic freedom” and “limit the ability of cities to California-ize the great state of Texas.” In 2015, the state blocked cities from regulating oil and gas drilling activity, including fracking, and it has also banned local laws that would create sanctuary cities.

It’s a growing trend in legislatures controlled by Republicans. At least 25 states have passed preemption laws that block cities from raising the minimum wage, and 20 have banned cities from instituting paid sick leave. The majority of these laws have been enacted since 2013 and advocates for higher workplace standards say the trend is only accelerating.

Texas advocates for paid sick leave haven’t given up hope, however. They plan to wield the sheer amount of popular support for these ordinances in their favor and against the state politicians who block them. “Our state leadership is out of touch with what the majority of Texans believe and want for their communities,” says Michelle Tremillo, executive director of the Texas Organizing Project, a community organizing group behind the paid sick leave ordinance.

Two years ago, the Texas Organizing Project began surveying working families in San Antonio about what issues were most important to them and what would most improve their lives. “It was very clear…that issues addressing economic security were at the very top of the list,” Tremillo says. Number one was access to jobs that pay well, but in Texas only the state can raise the minimum wage, followed by benefits and the ability to get paid time off for illness, understandable since an estimated 350,000 city residents don’t have access to paid sick days.

Advocates also eagerly watched what happened in Austin. “It just made sense that we would figure out how to make that happen in San Antonio as well,” Tremillo says.

Her group and others decided to take the issue directly to city residents. In San Antonio, anyone can put an issue before the city council by collecting signatures from 10 percent of the eligible voting population in the previous municipal election. If they succeed, the city council can either decide to vote on the topic directly or reject it, thus sending it to the ballot for voters to weigh in on. To hit the 10 percent requirement, paid sick leave advocates needed to collect at least 70,000 signatures to force the issue.

Within ten weeks they managed to collect more than double that number, eventually receiving more than 144,000. “The response was forceful. People wanted to sign it,” Tremillo says. “People understand immediately how important that basic right is, it is a basic right to take care of yourself and your family.”

It was the first time in Rey Saldaña’s seven years on the city council that he saw any issue get above the 70,000-signature threshold, he says. “It was an easy sell, easier than many folks had actually thought,” he says. Surprised at the level of support behind the issue, the mayor and Saldaña’s fellow council members decided to take it up and pass the ordinance themselves.

Saldaña, who supported paid sick leave from the beginning, chalks the support up to the fact that so many people in the city work in the service industry where paid sick day are uncommon. “Many of them know what it feels like to have to make decisions between going in sick or taking a pay cut that week,” he says. “[But] they didn’t realize that they had that power to try to ask the government to step in and intervene on some of the pressures they have in life.”

That support, he believes, will make it hard for state lawmakers to reverse the progress made. “The time is going to expire on the state of Texas’s ability to ignore that issue,” he says.

“Unfortunately we have a state leadership that is determined to interfere with our cities’ ability to do what’s best for their citizens,” Tremillo says. “We have a state leadership that is not at all concerned about improving conditions for working people.”

“The state has turned its back on working Texans and turned its back on solutions,” Saldaña agrees. “It does not surprise the city of San Antonio, just like it does not surprise Austin or Dallas or Houston, that the state wants to step in and keep cities from innovating and applying rules and laws that support the working men and women who prop up our economies.”

But that only adds urgency to the campaign to protect the laws that cities have passed on their own. Advocates pledge to keep up the momentum no matter what the state does. “We will continue to fight at the city level and at the state level for what people really need and want,” Tremillo says.

And she notes that San Antonio’s experience, with over a hundred thousand people voicing their support, shows that the state is up against a swell of popular support. “These are large numbers of voters and people in our community who are demanding improvements to working conditions,” she says. “I think our numbers are only going to get bigger. I think people are going to stand up against our state leadership… We’ll continue to increase the number of people participating in our democracy.”

She adds, “They should stay out of interfering with what our cities are doing and they should start listening to the needs of regular Texans.”

This article was originally published at In These Times on August 24, 2018. Reprinted with permission.

About the Author: Bryce Covert is an independent journalist writing about the economy. She is a contributing op-ed writer at the New York Times, has written for The New Republic, The Nation, the Washington Post, The New York Daily News, New York magazine and Slate, and has appeared on ABC, CBS, MSNBC and NPR. She won a 2016 Exceptional Merit in Media Award from the National Women’s Political Caucus.

Wisconsin bill would ban cities from passing worker-friendly laws

Thursday, January 11th, 2018

Wisconsin is considering a bill that would prevent local governments from enacting worker-friendly ordinances relating to overtime, discrimination, benefits, and wages. On Wednesday, the Senate held a public hearing on the GOP-backed bill.

The bill, Senate Bill 634, would prevent local municipalities in Wisconsin from increasing the minimum wage, stop enforcement of licensing regulations stricter than state standards, and prohibit labor peace agreements (in which employers agree to not resist a union’s organizing attempts). The bill also specifically says that no city, village, or town can prohibit an employer from soliciting information on a prospective employee’s salary history, because uniformity on employer rights is a “matter of statewide concern.” Since research shows that women are paid less right out of college compared to male counterparts and there are large racial wage gaps, proponents of these ordinances say that prohibiting employers from asking about salary history could help narrow the pay gap.

Madison City Attorney Mike May told Wisconsin-State Journal in December that the “biggest impact” would be on protected classes under Madison’s Equal Opportunity Ordinance. If the bill became law, May said it would mean that discrimination based on student status, citizenship, and even being a victim of domestic abuse would all be “fair game for discriminatory practices.”

“This bill attacks workers, our rights and our democratic processes,” Stephanie Bloomingdale, secretary-treasurer for the Wisconsin State AFL-CIO, testified during the hearing. “This bill is about power, the power to overreach and tell citizens in their own communities that they don’t know what’s best for them.”

Wisconsin state Democratic senators Robert Wirch and Janis Ringhand voiced their opposition to the bill in statements on Wednesday. Both senators focused on how the bill could affect municipalities’ power to pass ordinances pertaining to sexual harassment.

“We need to be expanding avenues for victims of sexual harassment and assault to get justice, and not making it harder,” Wirch stated.

The committee didn’t take immediate action on the bill on Wednesday, but it’s still concerning that it’s being considered. Wisconsin Republicans have trifecta control of the state and have been successful in pushing a number of anti-worker bills through the legislature. Wisconsin Gov. Scott Walker (R) is nationally known for his long record of supporting anti-union bills. He signed bills that stripped the majority of Wisconsin’s public sector unions of their collective bargaining rights and made Wisconsin a “right-to-work” state, which means workers can decide not to pay fees to unions because the union has to represent them regardless.

The Wisconsin Counties Association, Wisconsin Council of Churches, League of Wisconsin Municipalities and some labor unions oppose the bill, according to the Associated Press. Americans for Prosperity, a conservative advocacy group funded by the Koch brothers, Wisconsin Manufacturers and Commerce, and groups representing various businesses support the bill.

Nick Zavos, government relations officer in Madison Mayor Paul Soglin’s office, told Wisconsin State-Journal that the mayor is “deeply concerned about the direction (the legislation) represents,” with particular emphasis on the preempting of local ordinances relating to employment discrimination.

Wisconsin is not an outlier in considering this kind of legislation. As city governments have pushed for better labor standards, states across the country have passed laws to preempt increased protections for workers. At least 15 states have passed 28 preemption laws like this one that cover labor issues such as paid leave, minimum wage, and fair scheduling, according to the Economic Policy Institute’s August 2017 report. As the report notes, historically, preemption laws were used to set minimum statewide standards for workers that local governments couldn’t lower. These recent laws are doing the opposite. 

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

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

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