Workplace Fairness

Menu

Skip to main content

  • print
  • decrease text sizeincrease text size
    text

Engines Out and Pickets Up to Stop Health Plan Downgrade by Cummins

Share this post

East Bay Health Care Workers Strike Forces County to Disband the Boss |  Today's Workplace

Thirty-three heavy-duty engine mechanics have been on an open-ended strike since June 8 at the Cummins service shop in San Leandro, California.

These technicians service the engines and generators that power Silicon Valley tech giants and buses for the Bay Area’s local public transit agencies. They worked through the pandemic, without adequate personal protective equipment, sanitizing procedures, or hazard pay. The shop was busier than ever.

But as their reward for their hard work, dedication, and personal risk to keep the Bay Area running, Cummins kicked them off the health care plans they sorely need.

For 18 months after the Machinists (IAM) Local 1546 contract expired in 2020, management had refused to budge on its demand to strip workers of their union-negotiated Kaiser HMO plan.

This month, declaring an impasse, the company unilaterally forced workers off their plan and onto the kind of costly health savings account plan it had already pushed on the rest of its workers nationwide. Deductibles shot up to $8,000 for individuals and $11,000 for families.

The mechanics had had enough. With nearly every worker in the shop taking part, they walked off the job and went on strike for the first time in 20 years.

LAST ONE STANDING

Cummins is a multinational Fortune 500 company that manufactures, installs, and services engines in buses and other large vehicles and ships. The company’s mobile teams install and service generators at hospitals, stadiums, and data centers around the U.S.

The strike at the San Leandro shop is the final stand against a corporate behemoth that has won health care concessions at every other shop in the country. Cummins has forced not only its nonunion shops, mostly in the South and Midwest, but also its thousands of union workers in California and the Northeast onto expensive, low-quality plans.

Louis Huaman, a mechanic at the San Leandro shop for 40 years, said that he and his co-workers saw this fight coming. “We didn’t think we’d be the last one standing, but we’re drawing the line.”

Another longtime employee, who asked to remain anonymous, explained how management’s plan would leave him high and dry: “I’m a dialysis patient. Right now I have a $15 co-pay. On management’s plan, I’d pay $600 a visit. I’d probably spend the $8,000 deductible by May—and have to do it all over the next year.”

The surging health expenses would make it impossible for him to afford to continue to live in the costly Bay Area, he said. “I’ve got an elderly dad with health issues, and he lives here. The reason I stay at this job is so I can be close to him.”

Others emphasized the importance of having good health insurance in a physically taxing job. “This job will wear you down,” said Mike Nelson, shop steward and a technician in the shop for three decades. “Batteries go up in flames. Engines can drop on you if you’re not careful. You need good health care.”

PROFITS ARE SOARING

During its push to slash workers’ health care, the company has been extremely profitable lately.

Cummins has been picking up new business, according to Nelson, since the pandemic shut down in-house service crews at many transit agencies and other clients.

“The company made $6 billion [in revenue] in the first quarter this year, which is a billion over that quarter last year,” he said. Cummins bragged that it made $600 million in profit during the quarter.

Management has pushed through mergers and corporate takeovers of independent local distributors in the last few years. The 2013 corporate takeover of the San Leandro shop, formerly a distributor with a local owner, now looks to workers like a first step in management’s strategy to break a strong union shop and its hard-earned health care.

Aware of the company’s flush profits and high demand, these machinists have been emboldened to fight back. “When we’re out here, we’re costing them at least $100,000 a day,” Nelson estimated from the picket line, pointing to lost business due to the strike.

Google cancelled its Cummins service contract this week and switched to a competitor, which workers believe is also union. Machinists have parted the picket line almost daily for local transit agencies and a manufacturer to tow their unrepaired buses out of the service yard.

MAKING IT HARD FOR SCABS

Besides maintaining a picket line at the main gate of the Cummins yard, the Machinists are placing striking workers at sites where they perform generator work across the Bay Area. They’ve cultivated relationships with the workers in other union locals who staff these sites.

With this strategy, the mechanics and their allies have been slowing down work for the scabs that Cummins has sent in from its nonunion Arizona and Colorado shops.

On their last day working before the strike, some mechanics carefully took the engines out of vehicles, and removed oil pans or other parts that would make it very difficult for scabs to take over the work.

As the work piles up into a deep backlog, the workers hope that Cummins will have no other choice but to finally concede and restore the health care plan.

“We’ll be here as long as it takes,” said Huaman. “We know they can’t run these engines without us.”

This blog originally appeared at Labor Notes on June 21, 2021. Reprinted with permission.

About the Author: Keith Brower Brown is a member of the East Bay Democratic Socialists of America and a steward in Auto Workers Local 2865.


Share this post

NEW REPORT PROPOSES CRITICAL UNEMPLOYMENT INSURANCE POLICY REFORMS

Share this post

National Employment Law Project - Home | Facebook

NATIONAL DAY OF ACTION BEING HELD IN WASHINGTON D.C. AND SIX OTHER CITIES

As 25 states cut pandemic unemployment benefits prematurely, a new report from a coalition of advocacy groups and think tanks, in partnership with workers who have experienced unemployment during COVID-19, proposes a stronger federal role in the unemployment insurance (UI) system and a slate of permanent reforms to unemployment benefits that will sustain families and the economy.

The report is a joint project of Center for American Progress, Center for Popular Democracy, Economic Policy Institute, Groundwork Collaborative, National Employment Law Project, National Women’s Law Center, and Washington Center for Equitable Growth.

“A successful unemployment system can be the centerpiece of economic recovery, particularly for those communities, such as workers of color, who bear the brunt of downturns and are left behind in the wake of recessions,” said Heidi Shierholz, Director of Policy and Senior Economist at the Economic Policy Institute, and contributor to the report. “In addition to sustaining working families through jobless spells, swift and adequate unemployment benefits are good for the broader economy because they allow workers to search for a job that is a good match to their needs, instead of being so desperate that they have to take the first job that comes along no matter how bad it is for them.”

The report includes key insights from workers who experienced unemployment during the pandemic, including Sharon Shelton Corpening, a media gig worker in Georgia who has supported herself and her mother on Pandemic Unemployment Assistance.

“COVID unemployed workers like me are fighting to build a UI system that supports us until we can find good jobs that allow us to live in dignity and security. Next week, my financial lifeline will be yanked from under me because states like Georgia have too much power to reduce, restrict, or flat out deny benefits that are literally keeping us alive,” said Corpening, an Unemployed Action leader. “Unemployed people—especially Black people in the South who face systemic racism even as jobs return—want and need to work. But this current unstable unemployment insurance system hasn’t helped us get on our feet if we can’t even count on UI benefits. We need federal protections and we need them now.”

The report’s proposed structural changes include:

  • Guaranteeing universal minimum standards for benefits eligibility, duration, and levels, with states free to enact more expansive benefits;
  • Reforming financing of UI to eliminate incentives for states and employers to exclude workers and reduce benefits;
  • Updating UI eligibility to match the modern workforce and guarantee benefits to everyone looking for work but still jobless through no fault of their own;
  • Expanding UI benefit duration to provide longer protection during normal times and use effective measures of economic conditions to automatically extend and sustain benefits during downturns; and
  • Increasing UI benefits to levels working families can survive on.

“This report lays out the first steps toward transforming our unemployment insurance system, with racial equity concerns front and center. Black, Brown, and Indigenous workers in particular have borne the brunt of the pandemic and its unemployment crisis. They continue to grapple every day with workplace health and safety concerns, underpaid work, eroded transportation infrastructure, and lack of affordable child care options. The urgently needed unemployment reforms detailed in our report will be a win for everyone in our nation,” said Rebecca Dixon, Executive Director at the National Employment Law Project.

The report release coincides with a national day of action from the Center for Popular Democracy calling on Congress to act quickly and boldly to enact transformative changes for an equitable economy, including overhauling the UI system. Unemployed Action leaders from around the country will join excluded immigrant workers and others in Washington D.C. for a 5,000-person march to the U.S. Capitol. Workers will also rally in Las Vegas, Los Angeles, Atlanta, New Orleans, Austin, and Pittsfield MA.

As the report explains, when state UI structures became overwhelmed during the onset of the COVID-19 recession, federal policymakers realized that benefit levels were too low and not available to enough workers. In part to offer stimulus to a sharply contracting economy, the federal government provided unemployed workers claiming standard UI benefits with a supplemental $600 per week in additional benefits, as well as extended the duration of benefits and provided benefits to some groups of workers left out of the regular UI system, such as the self-employed and temporary workers.

But even those emergency programs have proven inadequate, with already overstretched state systems failing to get out emergency benefits in a timely manner. Half of the states are now choosing to cut off their residents’ access to these programs early, causing extraordinary harm to vulnerable families and impeding the economic recovery. These attacks on critical emergency benefits are the most vivid and recent manifestation of recurring dysfunction in the UI system: The federal government has ceded so much control to states that it has failed to equitably protect working people.

“Unemployment benefits are critical to keep us going as we continue to look for work, but our broken system keeps throwing obstacles in our paths,” said Nate Claus, an Unemployed Action leader and theater worker in New York. “Federal protections are desperately needed to strengthen unemployment insurance.”

This blog originally appeared at NELP on June 24, 2021. Reprinted with permission.

About the Author: NELP fights for policies to create good jobs, expand access to work, and strengthen protections and support for low-wage workers and the unemployed. 


Share this post

OVER 218,000 GEORGIANS TO LOSE ALL UNEMPLOYMENT ASSISTANCE WITHIN DAYS

Share this post

National Employment Law Project - Home | Facebook

NEW ESTIMATE OF GEORGIA PEUC RECIPIENTS SHOWS OVER 114,000 LONG-TERM JOBLESS FACING COMPLETE AID CUTOFF JUNE 26

An estimated 218,434 Georgians will abruptly lose all unemployment assistance at the end of this week, according to a new analysis released today by the National Employment Law Project (NELP). That figure comprises 114,820 long-term unemployed workers currently receiving extended weeks of Pandemic Emergency Unemployment Compensation (PEUC), plus another 103,614 Georgians currently receiving Pandemic Unemployment Assistance (PUA) benefits.

All together, more than 347,000 people are receiving some form of jobless aid in Georgia, and nearly two in three will lose all aid when the state shuts off all federal pandemic unemployment payments on June 26th at the direction of Labor Commissioner Mark Butler and Governor Brian Kemp.

NELP’s analysis of the impact of states’ unilateral cutoffs of federally funded pandemic unemployment benefits includes a first-ever estimate of Georgia PEUC recipients facing the cutoff of those benefits.[1] Georgia is one of only two states that do not report this data to the U.S. Labor Department.

Additional data on the impact of Georgia’s unemployment aid cutoffs include the following:

  • Of the 347,422 people receiving unemployment payments in Georgia, 114,820 PEUC and 103,614 PUA recipients will be cut off completely, leaving them with no jobless aid at all.
  • Nearly two-thirds (62.9%) of unemployment recipients in Georgia will be cut off completely.
  • Of the 22 states ending all CARES Act pandemic unemployment programs early, Georgia (347,422) ranks second only to Texas (1,149,892) in the number of people affected.
  • Black, Latinx, and other people of color will be disproportionately affected by the cutoffs: a majority (51.8%) of state unemployment insurance recipients in Georgia are workers of color.

Nationally, more than 4.7 million people will be affected by the cutoffs of federal Pandemic Unemployment Compensation (FPUC), the weekly $300 supplement to all benefits; Pandemic Unemployment Assistance (PUA), the expanded program for self-employed, gig workers, and others excluded from regular state unemployment eligibility; and PEUC, the extended weeks for people whose regular state benefits run out.

  • Nationally, in the week ending May 29th, 76% of all unemployment recipients were PEUC or PUA benefit recipients.
  • In the 22 states ending all pandemic jobless aid early, 74.7% are PEUC or PUA recipients who will be cut off completely.

“The CARES Act’s pandemic unemployment programs continue to be a critical lifeline for millions of people looking for work in a changed economy still jolted by the pandemic,” said Rebecca Dixon, executive director of NELP. “The decision by Governor Kemp and Labor Commissioner Butler to abruptly end these family-sustaining payments is callous and downright cruel. These programs fill huge gaps in unemployment eligibility, benefit adequacy, and duration. They are helping families and communities—particularly Black workers and other people of color—weather an economic crisis that the U.S. is only beginning to emerge from. The success of these programs is clear proof that our unemployment insurance system is in dire need of comprehensive reform. Congress should make UI reform an urgent priority this year, and extend the pandemic aid programs for as long as people need them.”

This blog originally appeared at NELP on June 23, 2021. Reprinted with Permission.

About the Author: NELP fights for policies to create good jobs, expand access to work, and strengthen protections and support for low-wage workers and the unemployed. 


Share this post

IN 21 STATES ENDING ALL PANDEMIC UI PROGRAMS EARLY, 3 IN 4 WILL LOSE ALL JOBLESS AID

Share this post

Nearly 4 Million Workers to Lose Lifeline Unemployment Payments Starting June 12

NATIONWIDE — In the 21 states ending early their participation in all federal pandemic unemployment programs, three quarters of the workers now receiving jobless aid—nearly 2.3 million people—will be left with no state or federal jobless aid at all, according to a new analysis released today by the National Employment Law Project (NELP).

The greatest numbers of workers affected by the pandemic unemployment cutoffs will be in Texas, Ohio, Maryland, Georgia, Indiana, Arizona, Tennessee, Missouri, South Carolina, and Florida. In Texas, a staggering four in five workers (81.9%) currently receiving unemployment payments—totaling 1.2 million workers, 59.3% of whom are workers of color—will lose all unemployment income support.

“The post-pandemic recovery has barely started. Employment remains far below pre-pandemic levels. Millions of people are still out of work and need the income support from unemployment insurance to get by,” said Rebecca Dixon, executive director of the National Employment Law Project. “So it’s unconscionable that these 21 Republican governors have unilaterally decided that no one in their state needs any pandemic jobless aid anymore and that it’s OK to pull the plug on these programs early.”

“This severe, abrupt, and ill-advised cutoff of pandemic jobless aid hurts the workers and families who need that income support, harms the small businesses that depend on those workers to spend money as customers, and will set back the economic recovery in those states,” added Dixon.

The first wave of premature cutoffs begins on Saturday, June 12, in four states: Alaska, Iowa, Mississippi, and Missouri. Alaska will be ending only the $300 Federal Pandemic Unemployment Compensation (FPUC) weekly supplemental payments, while the other three states will be terminating all pandemic unemployment programs. Twenty-one more states will follow suit through June and early July, although NELP has argued that the U.S. Department of Labor has legal authority to ensure that all eligible workers continue to receive Pandemic Unemployment Assistance (PUA) benefits through September 6.

More than 3.9 million workers in 25 states will lose the weekly $300 FPUC payments. Workers of color will bear the brunt, as nearly half (over 46%) of unemployment insurance (UI) recipients in those states are Black, Latinx, Indigenous, and other people of color.

Workers losing out on lifeline payments will face an economy that is far from fully recovered. The May jobs report showed 9.3 million people unemployed, with another 5.3 million only working part-time but still seeking full-time work. The economy is down 7.6 million jobs (5%) from pre-pandemic Feb. 2020 levels. With families still reeling from loss, lack of childcare, and ever-present concerns about getting sick on the job, FPUC and all UI funds remain a crucial lifeline.

“The past year has demanded bold solutions to unprecedented levels of unemployment, with the additional federal unemployment funds serving as a necessary stopgap in lieu of structural reform. At this pivotal moment, elected officials need to get behind critical reforms to prevent future failures of our unemployment system, so we can avoid the type of harmful actions we’re now seeing at the state level,” said Dixon.

Federal pandemic programs are still helping millions of people and their families get through the worst economic crisis in over a century. For jobless workers and their families in states where Republican governors have opted out, the ramifications will be far-reaching:

  • Over 3.9 million workers will lose the weekly $300 FPUC supplement in the 25 states.
  • 3,951,578 people receiving unemployment payments as of May 15 will be affected—all of them losing the $300 weekly FPUC benefit supplement and more than half (57.5%) abruptly losing all unemployment benefits.
  • In the 21 states ending participation in all of the pandemic programs, nearly 2.3 million people, who represent 74.5% of those receiving unemployment benefits in those states, will be left with no state or federal unemployment aid at all.
  • Black, Latinx, Indigenous, and other people of color are nearly half (over 46%) of UI recipients in the states ending pandemic unemployment programs early.
  • Of the 25 states cutting pandemic unemployment payments, 11 of them have 40% or higher people-of-color UI recipients, and eight have 50% or higher.

With unemployed people spending money at higher rates, federal assistance helps stimulate the economy just as businesses and industries begin to reopen, in addition to keeping families afloat. States that are prematurely ending federal pandemic unemployment programs threaten to stymie a fuller recovery.

READ THE DATA BRIEF:
3.9 Million Workers Face Premature Cutoff of Pandemic Unemployment Programs

This blog originally appeared at Nelp on June 8, 2021. Reprinted with Permission.

About the Author: For 50 years, NELP has sought to ensure that America upholds, for all workers, the promise of opportunity and economic security through work. NELP fights for policies to create good jobs, expand access to work, and strengthen protections and support for low-wage workers and unemployed workers.


Share this post

Addressing Mental Health in the Workforce

Share this post

Johanna G. Zelman

May is Mental Health Awareness Month. After fifteen months of the COVID-19 pandemic – which has placed unprecedented stress on Americans dealing with isolation and fear, while juggling closed schools and businesses, homeschooling children, working from home, and economic uncertainty, including ensuring basic necessities – Americans are struggling to recover. One study published by the Centers for Disease Control (CDC) reported a finding that almost 41 percent of adults reported a mental health issue or increased substance use. Other studies published more recently in 2021 reflect similar results. For employers, who rely on a healthy workforce to be successful, this has direct repercussions on productivity, work quality and, in some cases, legal liability.

Despite this, mental health remains highly stigmatized, and employees are often uncomfortable speaking about their troubles at work. But there are things employers can do to encourage their employees to ask for help.

  • Talk to Your Employees. Have your managers and supervisors check in on your employees and ask them how they are doing or if they need anything. Make sure they communicate to employees that as their employer, you are there for them. Employees feel more comfortable speaking to their employers when they know that the subject of mental health is not taboo.
  • Let Employees Know that is Okay Not to be Okay. Many employees believe that they must always put on their best face while at work. This leads to the illusion that they are always happy and that their lives are perfect, discouraging others from coming forward with concerns. Tell employees that they don’t have to always be okay, and encourage them to talk about their concerns. It is okay to not be okay.
  • Make EAP Available and Accessible. Having an Employee Assistance Plan available and easily accessible is a great way to bring mental health care to your employees. Send an email to your employees identifying your EAP provider and providing instructions on how to access it. Put these instructions on your company intranet. Consider giving your employees a few free sessions per year as part of their benefits. Make sure employees understand that the use of EAP services generally will be anonymous unless they are told otherwise.
  • Publish a List of Resources. Every community has mental health and substance abuse resources available. Put together a list of these resources and provide it to your employees, either through email or by making it available on your company intranet, or both.
  • Make Sure Mental Health Care is Covered by Your Health Plan. Many health insurers still do not cover treatment for mental health care. Make sure that the health insurance plan you choose for your employees covers mental health treatment.
  • Encourage Employees to Take Time for Themselves. Rest and relaxation increase productivity. During COVID, many employees gave up their vacations because travel was not possible. Now that it is, encourage your employees to take vacation time, even if it means taking a staycation.
  • Create Opportunities for Employees to Socialize. Bring in donuts on Fridays, and encourage employees to socialize (with or without masks) in the breakroom for a few minutes. Hold a happy hour once a month. Sponsor a cookie competition during the holidays. Social events tend to make for a happier workforce, increasing employee productivity and decreasing the sense of isolation and other factors that lead to mental health issues.
  • Train Your Employees. Providing training to employees about mental health and ways to manage it will let your employees know you are open to hearing their concerns.
  • Ensure All Employees Understand How to Request an Accommodation. Federal law, most state laws, and some local laws require that an employer provide reasonable accommodations to its disabled employees. A mental health condition may qualify as a disability under these laws. A “reasonable accommodation” is any adjustment that can be made to working conditions that allows an employee to perform the essential functions of his or her job, although essential functions need not be eliminated, and the employee’s requested accommodation need not be granted so long as the accommodation provided is reasonable. Tell your employees how to make such a request, and make sure they understand that there will be no retaliation if they do need an accommodation. In some instances, a leave of absence may even be necessary. Again, make sure your employees know it is okay.

Mental illness is often labeled a “silent” disability because, in most cases, it is not apparent. It is, however, no less serious than any physical disability, and, left untreated, can be more harmful. One of the leading causes of employer losses is due to mental health conditions. Employers, therefore, benefit by ensuring that they have a workforce that is healthy, both physically and mentally. Encouraging employees to come forward and seek help for mental health concerns or illness will create loyalty and an overall happier and more satisfying work environment.

This blog originally appeared at FordHarrison on May 26, 2021. Reprinted with permission.

About this Author: Johanna Zelman has represented a wide variety of employers from various industries, but Johanna has a specific strength in matters arising in the municipal employment setting and in public schools and universities.


Share this post

When These Workers Unionized, Their Cafe Was Put Up for Sale—So They Bought It

Share this post

PROVIDENCE, R.I.?—?Five former White Electric Coffee workers gather at the Dexter Training Grounds next to the Providence Armory, slightly stunned. Earlier that morning, April 14, they signed the purchase agreement to own the café. In just 10 months, this small group of baristas went from forming a union to creating a workers cooperative to buying the business for around half a million dollars. 

“If somebody had told me, ?‘One day, you’re going to run that business across the street,’ I would’ve said, ?‘Yeah, sure. OK, buddy,’ ” says Danny Cordova, 27, a barista at White Electric since 2019 who used to eat at the café a decade ago when he attended nearby Central High School. 

These White Electric workers started organizing soon after the murder of George Floyd in May 2020. They sent a letter to owner Thomas Toupin with demands to ?“go beyond slogans and window dressing” in achieving racial justice at the café. The letter, which was signed by 39 current and former staff, called for Toupin to hire more people of color, enroll in anti-oppression training, increase wages and make the café wheelchair accessible, among other demands. 

“They weren’t actually things we thought would happen,” says Chloe Chassaing, 44, who has worked at White Electric for 16 years?—?even before Toupin bought it in 2006. ?“They were dreams, but they are fully all happening.”

The coffee shop, which reopened May 1, is one of Rhode Island’s few worker co-ops.

Even before the pandemic eliminated many food-service jobs, opportunities for workers to organize for better conditions at small restaurants were rare. Union membership was only 1.2% industrywide in 2020. While co-ops are becoming more popular, there are only around 500 operating around the country, according to Shevanthi Daniel-Rabkin, senior program director at the Democracy at Work Institute, a nonprofit that tracks and supports co-ops. 

Many of the White Electric workers say summer 2020’s national uprising over police killings of Black Americans made clear the need to push for a stronger commitment to racial justice at the café. ?“That’s what set everything off,” says Amanda Soule, 36, who started working at the café in 2013 and helped draft the letter. 

Toupin tells In These Times the letter is ?“untruthful and misleading” and disputes its characterization of him. “[Its description] wasn’t the situation at all,” he says. After receiving the letter, he says he closed White Electric for July 2020 to meet with the workers and a mediator. (The café closed again in late 2020 because of the pandemic, then reopened in January until the sale in April.) 

The workers, however, claim the five active employees who signed the letter were laid off, while the two who didn’t sign were kept on to train replacements, as described in a public petition following the letter’s release. The petition adds that the fired employees were offered their jobs back, but they still were publicly appealing for community support to ?“prevent another episode of retaliation.”

Following the advice of a labor lawyer, the group realized they could form an independent labor union, which they named the Collaborative Union of Providence Service-Workers (CUPS). Unlike many other unions and co-ops, CUPS is not affiliated with any larger union, has no support staff and requires no dues, but still gives workers the ability to collectively negotiate a contract. After creating union cards, the workers requested Toupin voluntarily recognize CUPS, which he did Sept. 8, 2020.

The very night they formed the union, the workers say, they received notice that Toupin was selling. (Toupin tells In These Times that he had been looking to sell for months, but records indicate it was first listed Sept. 9, 2020.)

Toupin offered the first opportunity to buy the café to the workers, who realized they could turn it into a worker-owned co-op. They raised $25,000 through a GoFundMe campaign, held fundraisers at a farmers’ market and raffled off merchandise to accumulate a $55,000 down payment.

“It’s been all community driven,” Cordova says. ?“People are excited to see a place where workplace democracy can thrive.”

Now the worker-owners are focused on the challenge of running the café. The shop has no managers, and profits are distributed based on hours worked, Chassaing says. Employees have to invest a $1,000 member buy-in, which can be paid with a $100 deposit and $10 installments from each paycheck, Chassaing says. She adds that, while workers are still in the process of meeting their goals around racial justice, ?“our intention is do all of those things that are our demands.”

Their broader vision extends beyond the walls of a single coffee shop. That’s why, Chassaing says, their union name is so general; the door is wide open for other area service workers to reach out and form CUPS union locals.

“The union’s intention all along,” Chassaing says, ?“has been not only to fight for ourselves and our workplace, but to also serve as an advocate and resource for other workers and workplaces.”

This blog originally appeared on In These Times at May 27, 2021. Reprinted with permission.

About the Author: Harry August is an independent reporter in New York.


Share this post

ABB, EPI, and NELP Release Toolkit For Advocates and Policymakers On Model Policies Local Governments Can Implement to Raise Standards For Frontline Workers During COVID and Beyond

Share this post

Washington, DC— Today, the National Employment Law Project (NELP), A Better Balance (ABB), and the Economic Policy Institute (EPI) released a toolkit for advocates and policymakers featuring four model policies that cities and counties can implement immediately to respond to workers’ calls for safety and dignity on the job—in the pandemic and beyond. The four model policies would advance premium pay, paid sick days, COVID-19 worker health and safety, and protection against retaliation.

Over a year into the COVID-19 crisis, federal law still does not guarantee workers premium pay for working on the frontlines during emergencies; the right to paid days off when they or family members are sick; enforceable COVID-19 health and safety protections; and adequate protection against being punished for speaking up on the job about unsafe conditions or violations of their rights. Far too many state laws and corporate policies also fall short when it comes to these standards.

Occupational segregation has disproportionately pushed Black and Latinx workers, the majority of them women, into underpaid, yet always essential, jobs that are now on the frontlines of the pandemic. Across the country, workers of color have tied their demands for pandemic protections to fights for racial, gender, and economic justice.

While the Biden administration has begun to address some of the gaps the Trump administration and Congress left in responding to our communities’ calls, a chasm remains. But city and county governments can step in right now to enact laws and policies that will help keep workers and the public safe during the ongoing pandemic and beyond. The new model policy toolkit from NELP, ABB, and EPI includes four model laws that cities and counties can and must adopt to heed workers’ calls:Emergency premium pay for frontline workers; a permanent right to paid sick leave with additional time off during a declared public health emergency; health and safety protections for certain frontline workers who will not be protected by upcoming OSHA Emergency Temporary Standard (ETS) for COVID-19 , including app-based workers and domestic workers; and anti-retaliation protections to ensure workers can speak up about job conditions and enforce their rights safely during this crisis and after. This, too, is about racial justice—a recent survey from NELP found that Black workers were twice as likely as white workers to report that they or someone at work may have been punished or fired for raising concerns about COVID-19 spreading in the workplace.

The model laws in the toolkit are designed so localities can adapt them to meet local needs.

“The pandemic has made it clearer than ever that the laws ensuring the safety of workers, unemployed people, and our communities overall are woefully inadequate. And because our lives are all so deeply intertwined, what affects one worker affects all of us—when a grocery store cashier doesn’t feel safe bringing up concerns about lacking COVID-19 safety precautions at work, and then workers get sick, the spread continues into the community. Unfortunately, we are not out of this yet, and cities must hear workers’ calls and step in now,” says NELP Executive Director Rebecca Dixon.

“Without paid sick leave and strong workplace health and safety standards, millions of individuals around the country are forced to sacrifice their personal and family health, or risk their income when they need it most. At A Better Balance, through our free legal helpline, we hear every day from working individuals whose experiences show how the pandemic has sharply exacerbated our nation’s longstanding crisis of care, with especially harsh consequences for low-wage workers and women of color. Local governments have a critical role to play in passing robust policies to protect workers’ health and safety and enable them to care for themselves and their loved ones,” says A Better Balance Co-Founder and Co-President Sherry Leiwant.

“Strong economies require standards that ensure workers are safe and paid fairly. Over the past year, people in frontline jobs have put their lives on the line with little bargaining power to demand higher pay or safer workplaces. They deserve basic protections to keep them and their families safe, as well as pay that compensates them for the added risk they’re taking in order to keep the economy going,” says EPI Senior Economic Analyst David Cooper.

Ultimately, the pandemic has laid bare how deeply structural racism and long-standing anti-worker policy impacts every corner of our society—and how little our laws protect workers, and especially workers of color in underpaid, frontline jobs. But there is also a tremendous opportunity here: Local governments can play a critical role in building a just recovery from the COVID-19 pandemic, by taking steps to advance worker and community safety and dignity, during this crisis and beyond.

Download the model local policy toolkit now

###

This blog originally appeared at NELP on April 7, 2021. Reprinted with permission.

About A Better Balance 

A Better Balance, a national, nonprofit advocacy organization, uses the power of the law to advance justice for workers, so they can care for themselves and their loved ones without jeopardizing their economic security. To learn more, visit abetterbalance.org and follow A Better Balance on Twitter @ABetterBalance.

About the Economic Policy Institute

The Economic Policy Institute (EPI) is a nonprofit, nonpartisan think tank created in 1986 to include the needs of low- and middle-income workers in economic policy discussions. EPI believes every working person deserves a good job with fair pay, affordable health care, and retirement security.To achieve this goal, EPI conducts research and analysis on the economic status of working America. EPI proposes public policies that protect and improve the economic conditions of low- and middle-income workers and assesses policies with respect to how they affect those workers.

About National Employment Law Project
The National Employment Law Project is a non-partisan, not-for-profit organization that conducts research and advocates on issues affecting underpaid and unemployed workers.


Share this post

Biden administration weeks behind on Covid-19 workplace safety rules

Share this post

The federal worker safety watchdog is weeks behind on President Joe Biden’s deadline for the agency to issue mandatory workplace safety rules that experts say will fight the spread of the coronavirus and protect workers.

Shortly after taking office, Biden gave the Labor Department a March 15 deadline to decide whether such emergency rules were necessary, and it was widely assumed the department would recommend moving forward with them. But three weeks later, newly minted Labor Secretary Marty Walsh is asking the agency to continue reviewing the rule.

“Secretary Walsh reviewed the materials, and determined that they should be updated to reflect the latest scientific analysis of the state of the disease,” a Labor Department spokesperson told POLITICO. “He has ordered a rapid update based on CDC analysis and the latest information regarding the state of vaccinations and the variants. He believes this is the best way to proceed.”

Biden campaigned on making Covid-19 guidelines — currently just optional recommendations for employers — into mandatory rules. Business groups and unions have been bracing for the Occupational Safety and Health Administration to release an emergency workplace safety standard that would immediately require employers to take steps to protect their workers from exposure to the virus.

The rule was expected to at least mandate CDC guidelines on mask wearing, which some industry groups have warned would create headaches for businesses in the states that have already moved to rollback social distancing and mask requirements for businesses. It also would likely require employers to develop a Covid-19 response plan, similar to a required fire drill, for how the businesses would respond if someone was exposed to the virus at work.

The delay is raising concerns among former workplace regulators and worker advocates, who fear Biden may be dropping an essential piece of his Covid-19 response plan, as well as sowing confusion in the business community.

“I’m concerned that there are administration staff who incorrectly believe that the pandemic is under control and that an ETS isn’t necessary,” said David Michaels, who led OSHA during the Obama administration.

“The CDC director is pleading with the country to take precautions, but workers can’t take those precautions” without an ETS, said Michaels, now a professor of occupational health at George Washington University.

Business groups are also scratching their heads after broadly expecting the rules.

“I’m as in much of a befuddlement as anyone,” said Marc Freedman, vice president of employment policy at the Chamber of Commerce. “This sounds like Secretary Walsh and the DOL are grappling with what everyone else is seeing — the increasing success of the vaccines raises serious questions about whether an ETS is justified, such as whether employees are still in ‘grave danger,’ and an ETS can be called ‘necessary.’”

The longer it takes for the Biden administration to release the rule, the harder it could be for the rule to stand up to legal challenges, according to Freedman and attorneys who specialize in workplace safety law.

OSHA only has the authority to issue an “emergency temporary safety standard” if it determines that workers are “in grave danger” due to exposure to something “determined to be toxic or physically harmful or to new hazards.” But that justification could be slipping as the Biden administration rushes to get Americans vaccinated against the virus.

While Biden administration officials have been warning that more contagious strains of the virus are taking hold, the president has been moving to expand access to the vaccine and was optimistic in his last message to the nation, promising Americans a return to some sense of normal life by Independence Day.

Republicans, who have been broadly opposed to any mandatory safety rules, are criticizing what they see as a mixed message from the administration.

“The Biden administration is speaking out of both sides of its mouth,” said Rep. Virginia Foxx (R-N.C.), the top Republican on the House Education and Labor Committee. “The President claims every adult will be eligible for a vaccine in May and then argues an immediate ‘emergency’ standard is necessary to curb the crisis.”

“This politicized process highlights the Biden administration’s blatant incompetence and hypocrisy. The federal government must not add more uncertainty and bureaucratic red tape for job creators, workers, and consumers as we continue to emerge from this crisis.”

But worker-safety experts say that the longer the Biden administration waits, more workers will get sick with the virus and could die.

“We are deeply concerned about when the standard is coming out. Basically workers have been going for a year facing untold numbers of illnesses and deaths without just a basic agreement that employers need to create a safety plan,” said Marcy Goldstein-Gelb, co-executive director of the National Council for Occupational Safety and Health.

“It’s essential, it’s life saving and it needs to come out now,” she said. “We can’t wait another day for this.”

This blog originally appeared at Politico on April 7, 2021. Reprinted with permission.

About the Author: Rebecca Rainey is an employment and immigration reporter with POLITICO Pro and the author of the Morning Shift newsletter.


Share this post

Black workers, hammered by pandemic, now being left behind in recovery

Share this post

Black Americans, who were among the hardest hit by coronavirus layoffs, are now recovering at the slowest rate, a one-two punch that threatens to worsen the United States’ already stark wealth and income disparities long after the pandemic recedes.

While Hispanic workers initially saw the sharpest uptick in unemployment when business shutdowns began last spring, Black people have seen a slower return to work even as the economy is poised for a robust rebound, government data and economic analyses show. When the overall unemployment rate ticked down in February, Black workers were the only group that saw a rise in joblessness, a 0.7 percentage point increase.

The share of Black Americans holding jobs also dropped over the month while it continued to move up for all other races and ethnicities. Over the past year, white, Asian and Hispanic Americans have regained roughly two-thirds of their initial job losses in terms of what share of their population is working, a key measure of labor and unemployment known as the “employment-population ratio.” Black workers have only recovered slightly more than half.

The data has fueled fears that the nascent recovery will not be evenly shared, a dynamic that would exacerbate income and wealth inequality while prolonging the return to full employment. The trend is reminiscent of the Great Recession, when Black workers saw a worse downturn and slower rate of return to normal. And this time, it has caught the attention of top policymakers across the Biden administration and in Congress.

“We’re trying to make sure that it is not like so many other recoveries,” said House Majority Whip Jim Clyburn (D-S.C.), the most senior Black lawmaker in Congress and chair of the Select Subcommittee on the Coronavirus Crisis. “Slow for everybody, and a snail’s pace for Black and brown communities.”

The headwinds that Black workers face are plenty, some unique to the coronavirus recession but others the result of structural inequities that have long contributed to high rates of unemployment — typically double that of white workers even in strong economies.

For one, many of the industries in which Black workers are heavily represented are not recovering as quickly as others as the economy reopens — or are even continuing to backslide. State and local governments have long been a major employer for African Americans. But while the labor market broadly improved last month, state and local governments shed another 83,000 jobs and remain down 1.4 million workers from a year ago.

“Those sectors in which the rebound is really not happening, or not happening in impactful ways, are really almost the same industries in which African Americans are overrepresented,” said Michelle Holder, a labor economist at John Jay College of Criminal Justice in New York. She cited transportation, a major employer for Black men, and health services, where Black women are heavily represented, as two other industries that have taken longer to come back, keeping the unemployment rate high.

The devastation of the child care sector amid the shutdowns has also heavily affected Black and Hispanic women, who are more likely to work at child care centers and to depend on them in order to be able to take jobs elsewhere.

And while employment in high-wage sectors has almost completely recovered, low-wage industries remain down 28 percent from a year ago, according to Harvard’s Opportunity Insights tracker — a disparity that disproportionately affects workers of color.

Structural inequities in the U.S. labor market that have affected Black and Hispanic workers’ ability to advance out of low-paying jobs, as well as discrimination in hiring practices, are also likely having an effect, some economists say.

When unemployment spiked in April, the gap between Black and white rates of joblessness narrowed significantly, indicating the losses were spread across the board. But it has steadily grown since then as white workers have returned to work faster — which William Spriggs, chief economist at the AFL-CIO, said he took as “proof” of the effect of discriminatory hiring practices.

Spriggs also said that for much of the past year, unemployment has been higher for all Black workers, including those with college degrees, than for those of all races with less than a high school education.

“This is not a matter of skills,” Spriggs said. “It’s a matter of the way discrimination takes place within the recovery.”

One way to address the slower recovery among workers of color is to ensure that federal support remains in place as long as Black and Hispanic unemployment remains elevated, advocates say, rather than cut it off once the levels return closer to normal. And given that these workers typically remain out of work the longest, President Joe Biden will need a prolonged economic recovery to ensure the labor market gets tight enough to pull them back in from the sidelines.

Clyburn’s focus is two-fold: tracking the Covid relief money as it goes out to ensure that it’s being spent equitably, and pushing the Biden administration to invest heavily in a second stimulus package focused on infrastructure, which would spark job creation across the country.

Clyburn said he has spoken about the need to address the uneven recovery with both Biden and Susan Rice, the president’s top domestic policy adviser, adding that Biden has made clear “he plans to do the right thing.”

There are signs the administration is focused on the disparities. The White House Council of Economic Advisers highlighted adjusted unemployment rates, which include those who have given up the search for work, broken down by race and gender after the latest jobs data was released for February. The report showed that the Black unemployment rate stood at nearly 15 percent — affecting nearly 1 in 6 workers — compared to an overall rate of 9.5 percent. The adjusted Hispanic unemployment rate is 12.4 percent.

At the Labor Department, chief economist Janelle Jones penned a blog post last month stressing the disproportionate economic impact of the pandemic on Black Americans, particularly women.

And Federal Reserve Chair Jerome Powell says he is tracking the Black and Hispanic unemployment rates, among other statistics, because elevated joblessness there signals weakness in the broader labor market.

“This particular downturn, of course, was just a direct hit on a part of the economy that employs many minorities and lower paid workers… and it’s the slowest part of the economy to recover,” Powell said at a March 17 press conference. “We’d like to see those people continue to get support as the broader economy recovers, as it’s very much doing now.”

The longer the rate of recovery for Black workers continues to lag, the more likely it is to have a lasting impact. Workers who fall into long-term unemployment — defined as being out of a job for six months or more — take longer to return to work and are more likely to drop out of the labor market entirely.

Black workers are also far less likely to have had savings to lean on to weather an extended period of joblessness — the net worth of an average Black family is about one-tenth that of a white family — and therefore more vulnerable to falling into debt or losing their homes. And another prolonged economic recovery for Black Americans could worsen the already dramatic racial wealth gap, particularly as it drags on both personal savings and future earnings.

The key to addressing the inequities lies in promoting a strong economic recovery for everyone, while recognizing that some communities and workers will take longer to return to normal and require more help than others, economists say.

“People love the quote [from] John F. Kennedy, ‘A rising tide lifts all boats.’ It lifts all the boats that got solid bottoms,” Clyburn said. “If the bottoms got holes in them or if the boats have deteriorated, a rising tide ain’t gonna lift them.”

This blog originally appeared at Politico on March 23, 2021. Reprinted with permission.

About the Author: Megan Cassella is a trade reporter for POLITICO Pro.


Share this post

The Pandemic’s Impact on Workers and Looking Towards a Just Recovery

Share this post

NELP’s roadmap for a Just Recovery is based on our vision for bold structural change and on our fall 2020 survey of workers on the COVID frontlines, people who lost their jobs, and other community members seriously impacted by this disease and the failure of so many of our lawmakers and employers to properly address its dangers.

Our findings illustrated how structural racism created the pre-conditions for Black communities and other communities of color to suffer the most during the pandemic, from our health to our wallets.

It’s a disturbing picture, and one that public officials can only hope to address if they start listening to workers’ demands immediately.

Here were some of our major findings on the effects of the pandemic: 

  • 34% of Black workers had a claim for Unemployment Insurance, Pandemic Unemployment Assistance, or Pandemic Emergency Unemployment Compensation denied;
  • Covering rent, utility, credit card, student loan, medical, and living expenses got harder for a large share of U.S. households, particularly those of frontline workers and Black and Latinx workers;
  • A significant share of all workers, and a larger share of working Black and Indigenous people and other people of color, say that fear of employer retaliation would prevent them from refusing unsafe work;
  • Workers classified as independent contractors and workers employed by temporary help and staffing agencies were 2X as likely have lost income than other workers.

This blog originally appeared at NELP on March 18, 2021. Reprinted with permission.

About the Author: National Employment Law Project is a non-partisan, not-for-profit organization that conducts research and advocates on issues affecting underpaid and unemployed workers. 


Share this post

Follow this Blog

Subscribe via RSS Subscribe via RSS

Or, enter your address to follow via email:

Recent Posts

Forbes Best of the Web, Summer 2004
A Forbes "Best of the Web" Blog

Archives

  • Tracking image for JustAnswer widget
  • Find an Employment Lawyer

  • Support Workplace Fairness

 
 

Find an Employment Attorney

The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.