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Posts Tagged ‘scheduling’

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.

Gap Will End Scheduling Practices That Wreak Havoc On Workers’ Lives

Sunday, August 30th, 2015

Bryce CovertIn a blog post on Wednesday, Andi Owen, global president for Banana Republic at Gap Inc., announced that the company will end the practice of on-call scheduling and commit to giving employees at least 10 days advance notice of their schedules.

All five of its brands will phase out on-call scheduling, in which employees are required to be available to work on a given day but not guaranteed that they will actually be asked to come in, by the end of September. They will also all provide workers with at least 10 to 14 days notice of when they’ll be working by early 2016.

The company says the changes come from an evaluation it’s conducted over the last year to improve its scheduling practices along with a pilot it launched in July of last year with the help of Professor Joan Williams of UC Hastings’ College of Worklife Law. But it also comes after New York Attorney General Eric Schneiderman began an investigation into the scheduling practices of 13 large retailers and whether they violated a New York state law and sent them all a letter. The investigation had already produced results: earlier this month, Abercrombie & Fitch announced it would end on-call scheduling in New York stores by the end of the year. Those employees will also get their schedules at least a week in advance. Victoria’s Secret, which also received a letter from Schneiderman’s office, has also ended on-call shifts.

Other brands received the letter but haven’t made changes yet, including Ann Inc. (owner of Ann Taylor), Burlington Stores, Crocs, J.C. Penney, J. Crew, Sears, Target, TJX (owner of TJ Maxx and Marshall’s), Urban Outfitters, and Williams-Sonoma.

Starbucks’s scheduling practices also came under fire in a New York Times story last year, after which the company took quick action to end the practice of “clopening,” or shifts where employees close stores late at night and then have to come back in a few hours later to open them for the next day, and post schedules at least a week in advance.

But overall, employees often have to deal with erratic and difficult schedules. At least 17 percent of the American workforce has an irregular schedule, including on-call shifts, split shifts (two different shifts in one day), or rotating ones, although that is likely an undercount. Nearly half of part-time workers and just under 40 percent of full-time workers don’t find out their schedules until a week ahead or less. It’s concentrated in retail, where erratic schedules impact 27 percent of the workforce. One survey of retail workers in New York City found that 40 percent didn’t have a set minimum of hours they worked week to week and a quarter had on-call shifts.

Some lawmakers have looked at ways to address these problems. Earlier this year, Democratic Sens. Elizabeth Warren (MA), Patty Murray (WA), and Chris Murphy (CT) with Reps. Rosa DeLauro (CT) and Bobby Scott (VA) re-introduced the Schedules that Work Act, which requires at least two weeks’ notice of schedules and pay for workers who get sent home before the end of their shifts or are on call but not asked to work. In San Francisco, legislation actually passed to require retail chains to give workers at least two weeks’ notice of schedules and pay employees for on call shifts that get canceled. Similar legislation has been proposed in Minneapolis and Washington, D.C.

Gap also announced that it was raising its minimum pay to at least $10 an hour early last year, a move that has since been followed by a number of large retailers.

This blog originally appeared at ThinkProgress.org on August 27, 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.

Democrats push to limit abusive work scheduling practices like split shifts

Wednesday, July 22nd, 2015

Laura ClawsonLow hourly wages aren’t the only thing that keep workers in the fast food and retail industries struggling. Scheduling matters, too. These days it’s common for workers to not know their schedules more than a week ahead; to be on call, ready to go to work with no notice, but not guaranteed any pay; for their hours (and therefore their paychecks) to vary enormously month to month; or to be forced to work split shifts, with a few hours of work in the morning and a few hours at the end of the day. All of this doesn’t just affect paychecks, it makes it difficult for workers to raise their incomes by getting a second job, and it costs them as they try to line up child care for unpredictable schedules. Democrats, led by Sens. Elizabeth Warren, Patty Murray, and Chris Murphy and Reps. Rosa DeLauro and Bobby Scott, have a bill to fix that, or at least start to fix it: the Schedules That Work Act.

The bill:

Protects Workers who Ask for Schedule Changes
All employees of companies with more than 15 workers will have the right to request changes in their schedules without fear of retaliation. Employers would be required to consider and respond to all schedule requests, and, when a worker’s request is made because of a health condition, child or elder care, a second job, continued education, or job training, the employer would be required to grant the request unless a legitimate business reason precludes it.Incentivizes Predictable and Stable Schedules in Occupations with Known Scheduling Abuses
Employees in food service, cleaning, and retail occupations—as well as additional occupations with documented scheduling abuses designated by the Secretary of Labor—will now get their work schedules two weeks in advance and will receive additional pay when they are put “on-call” without any guarantee that work will be available; report to work only to be sent home early; are scheduled for a “split shift;” or receive changes to their schedule with less than 24 hours notice.

There are two things to note about this: First, it’s the kind of bill Democrats wouldn’t be proposing without worker activism drawing attention to the problem. Second, it’s the kind of bill Republicans will never pass, so for workers to have these protections, we need to elect Democrats.

This blog was originally posted on Daily Kos on July 16, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura has been a Daily Kos contributing editor since December 2006  and Labor editor since 2011.

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