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A Win for New Jersey Temp Workers

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Tens of thousands of New Jersey temporary help and staffing agency workers were essential but unprotected during the pandemic but will soon enjoy robust new rights and protections.

They triumphed over significant challenges, building power with support from Make the Road NJ and New Labor, to pass the “Temporary Workers’ Bill of Rights” on February 2, 2023.

After a version of the bill passed both chambers in June 2022, a clerical error caused a series of delays, spurring intensified lobbying by the industry. The workers persevered, returning to Trenton repeatedly to make their voices heard, highlighting poverty wages and how taxpayers subsidize temp agencies by more than $20 million per year, and calling out agencies opposing the bill that were not even registered to operate in New Jersey.

As Reynalda Cruz, a New Labor leader and former temp worker, explained: the new law “has been a long time coming for us, after having passed the Assembly and Senate twice previously.”

“Temp workers need more protections and temp agencies need to be regulated! We’ve seen it through multiple votes, and when we fight we win!”

Nidia Rodrigues, a temp worker and member of Make the Road NJ echoed the excitement: “Finally, essential temp workers have the opportunity for just and dignified jobs, and a better future. This is a victory led by and for the hundreds of thousands of essential temp workers who have organized for years.”

Reflecting key worker priorities, the New Jersey law contains several provisions for transforming low-wage, precarious jobs into good jobs.

Workers assigned to designated occupations by temporary help and staffing agencies will enjoy equal pay for equal work, opportunities for permanent employment, transparency, and more.

Most of the provisions of this terrific victory will take effect on August 5, 2023, but the critical protections against retaliation and the Right-to-Know provisions take effect on May 7, 2023.

For the scores of temp workers routinely assigned to the covered occupations, passage of the law is only the beginning. Workers look forward to the improved conditions that implementation will bring and, ultimately, to ensuring all temp workers, regardless of assignment or state of residence, enjoy the same basic protections.

This is an abbreviated version of a blog that originally appeared at NELP on May 1, 2023. Republished with permission.

About the Author: This blog was published by NELP (National Employment Law Project) staff.

Learn more about temporary workers here.


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Chicago Nurses Are Going on Strike—And Management Is Bringing in Scabs Through a Text Blast

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Jeff Schuhrke (@JeffSchuhrke) | Twitter

Nurses and support staff in the Chicago area are joining other militant healthcare workers across the country by walking off the job, despite attempts by their bosses to hire strikebreakers.

On Thursday, over 2,700 Chicago-area nurses and support staff at Cook County Health (CCH) are planning to go on strike, the latest example of rising worker militancy in the healthcare sector. 

The National Nurses Organizing Committee (NNOC) and SEIU Local 73?—?which respectively represent 1,250 nurses and 1,500 medical aides, therapists, technicians, clerks, housekeepers, food service workers and patient transporters at CCH?—?have each been in contract negotiations with the county since last fall. 

Citing dramatic staffing shortages, the two unions are teaming up to demand CCH invest in employee recruitment and retention by improving pay and benefits.

Rather than investing in long-term employees, the unions say CCH has been increasingly relying on temp workers hired through staffing agencies like SnapNurse. With the threat of a walkout looming, management is aggressively trying to bring in even more temps to serve as strikebreakers.

In These Times obtained a text blast sent out by SnapNurse last week seeking prospective scabs. Referencing ?“a pending strike notice in Chicago,” the text message explains that strikebreakers will be paid between $4,620 and $6,468 per week?—?more than regular CCH nurses make. ?“Respond with STRIKE to deploy,” the message says.

CCH and SnapNurse did not immediately respond to a request for comment, but in an email to employees last week, CCH’s recently hired CEO Israel Rocha, Jr. said management was ?“taking all steps necessary to ensure the delivery of safe patient care in the event of a strike.”

“Nurses are at the breaking point throughout the Cook County Health system,” said Consuelo Vargas, an emergency room nurse at Stroger Hospital and a chief representative of NNOC. ?“We need more nurses on staff, and we needed them yesterday.”

Consisting of Chicago’s Stroger and Provident Hospitals, as well as over a dozen clinics in the city and suburbs, CCH is one of the nation’s largest public health systems. Its predominantly Black and Brown patients are often uninsured or under-insured, meaning they delay seeking care and therefore face critical health needs. Stroger Hospital, which has the busiest emergency room in Illinois, treats the highest number of Chicago’s gunshot victims (and was the setting of the hit television show ER in the 1990s).

The nurses and support staff say that instead of valuing their labor and listening to their concerns, the county has been dragging out negotiations, offering paltry raises that wouldn’t keep up with the cost of living and seeking to double the amount employees pay for health insurance.

“We are striking because we are tired of being mistreated, undervalued, underserved, disrespected and cast aside,” said Eugenia Harris, a ward clerk at Stroger Hospital and SEIU Local 73 member. 

The nurses plan to be on strike for 24 hours, but may call more strikes in the near future. The SEIU Local 73 members?—?who already held a one-day work stoppage at CCH in December—intend to hold an open-ended strike.

“Our members are willing to strike for as long as it takes to achieve a fair contract,” SEIU Local 73 President Dian Palmer said. ?“It is time for Cook County to take these negotiations seriously.”

Over the past 15 months, healthcare workers have been on the front lines of the Covid pandemic, organizing and striking in states like IllinoisWashington and New York to secure adequate personal protective equipment and safer staffing levels. In Massachusetts, union nurses at St. Vincent Hospital have been on strike for more than 100 days?—?the longest nurse’s strike in the United States in over a decade. Meanwhile, thousands of previously unorganized nurses in North Carolina and Maine successfully voted to unionize in recent months.

The pandemic has fueled the uptick in healthcare worker militancy because it ?“revealed to a lot of us how little our employers care about our lives, and frankly how little they care about our patients’ lives,” Elizabeth Lalasz, a clinical nurse at Stroger Hospital and NNOC steward, told In These Times.

Throughout the pandemic, Vargas said, ?“hospital management has abused, disrespected and abandoned us. Because management treats nurses as expendable, we were not given adequate personal protective equipment, and over 150 of us tested positive for Covid-19.”

NNOC and SEIU Local 73 are calling on management to tap into some of the $998 million in federal funds Cook County is receiving from the American Rescue Plan to invest in the healthcare workforce. 

“Every day we learn of another experienced nurse who resigned for a better job because Cook County has failed to provide them with the resources they need to provide the best care to their patients,” Vargas explained. ?“With each loss of an experienced nurse, we see years of skills and expertise vanish. In one six-week period, I saw a hundred years of experience walk out of my department.”

CCH CEO Rocha’s salary is $650,000 a year. His predecessor, who was dismissed by the Cook County Board of Commissioners in late 2019, received $542,000 in severance pay.

“It doesn’t make any sense for upper management to be making that kind of money when we desperately need people to be recruited and retained,” Lalasz said. ?“We need money for staff and support on the front lines, not for money to be given upwards, or pocketed.” 

This would be the third time in the past two years that SEIU Local 73 went on strike in conjunction with a fellow union. In 2019, Local 73 workers at Chicago Public Schools hit the picket lines alongside their colleagues in the Chicago Teachers Union. And last year, 4,000 Local 73 workers at the University of Illinois at Chicago went on strike at the same time as hundreds of UIC nurses with the Illinois Nurses Association.

Besides its members at CCH, nearly 1,000 SEIU Local 73 members at Cook County Jail and other county offices are also set to strike on Thursday. 

Both Local 73 and NNOC have expressed disappointment in Cook County Board President Toni Preckwinkle, who is the ultimate decision-maker on management’s side. Preckwinkle, who doubles as the chair of the Cook County Democratic Party, unsuccessfully ran for Chicago mayor in 2019 on a pro-union platform with the backing of Chicago’s progressive unions.

“For years I’ve worked in politics, particularly with Toni Preckwinkle, who said she would work with the unions to ensure they had contracts with fair wages. She’s turned her back on us,” said veteran civil rights activist James Phipps, a Local 73 member who works at the county clerk’s office. 

Preckwinkle did not immediately respond to a request for comment, but she issued a statement last week calling the staffing shortage at CCH ?“a mutually shared concern.” Regarding management’s demand to raise health insurance costs for workers, she said it has been six years since the last hike and that a new increase ?“is needed in this round of bargaining.”

“It doesn’t matter, you have a billion dollars in Covid relief money and yet you’re asking us to double our healthcare and only take a minimal increase in pay,” Lalasz said in response to Preckwinkle’s statement. ?“We shouldn’t be the people who are suffering…Without us doing the work we do, this hospital system will not function.”

This blog originally appeared at In These Times on June 23, 2021. Reprinted with permission.

About the Author: Jeff Schuhrke has been Working In These Times contributor since 2013. He has a Ph.D. in History from the University of Illinois at Chicago and a Master’s in Labor Studies from UMass Amherst


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A Trailblazing New Law in Illinois Will Dramatically Expand Temp Workers’ Rights

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Beginning next summer, a sweeping new law will take effect in Illinois, ending many of the routine injustices suffered by the state’s nearly 850,000 temp employees who often work under miserable conditions.

The Responsible Job Creation Act, or HB690, represents the most ambitious attempt to date by any state to regulate the growing temporary staffing industry. Introduced in January, the bill gained bipartisan support in the Illinois General Assembly and was signed into law by Republican Gov. Bruce Rauner in late September. The law will take effect June 1, 2018.

The legislation, which addresses job insecurity, hiring discrimination and workplace safety, was championed by the Chicago Workers’ Collaborative (CWC) and Warehouse Workers for Justice (WWJ), as well as the Illinois AFL-CIO and Raise the Floor Alliance, a coalition of eight Chicago worker centers.

The law will require staffing agencies to make an effort to place temp workers into permanent positions as they become available—a step forward in the fight to end “perma-temping.” To address racial bias in hiring, the new law requires temporary staffing agencies record and report the race and gender of all job applicants to the Illinois Department of Labor. And in an effort to reduce the workplace injuries that temps frequently suffer, agencies will also now have to notify workers about the kinds of equipment, training and protective clothing required to perform a job.

State Rep. Carol Ammons—a Democrat from Champaign-Urbana who supported Bernie Sanders’ presidential campaign—was the bill’s chief sponsor. Activists credit her with getting the bill to the governor’s desk.

“Legislators don’t always get down into the deep part of the process, but this was so personal to me,” Ammons tells In These Times. After her son told her about the problems he had experienced as a temp worker in another state, she began looking into the temp industry in Illinois and became convinced that it needed reform.

“HB690 won support from both Democrats and Republicans, who heard the voices of workers who came to Springfield to educate us about the temp industry,” state Sen. Iris Martinez, a Democrat who joined Ammons in backing the bill, said at a press conference last Thursday. “When you have two strong women of color leading the charge on this kind of bill, things get done.”

Bakari Whitfield, a WWJ activist, says the most important aspect of HB690 for him is “the opportunity to get a built-in permanent job, as opposed to a seasonal temp job.” Whitfield has been a temp worker for over ten years in a warehouses outside of Joliet. “It’s just a revolving door,” he says. “They hire you and fire you around the same time every year. Every six months you have to go get another job,”

The transparency provisions come in response to a pattern of systemic racial and gender discrimination in the temp industry. In Illinois, whistleblowers have alleged that African-American temp workers are routinely passed over for jobs in favor of Latinos, whom employers consider easier to exploit on the job.

A previous Illinois bill that would have required temp agencies to report the demographics of job applicants, SB47, was killed in 2015 after temp industry lobbyists spread misinformation and fostered divisions between Latino and black lawmakers, as reported by the Center for Investigative Reporting.

According to Ammons, lobbyists similarly tried to sink HB690 this year. A community organizer before entering politics, Ammons says she relied on conversations and personal relationships with fellow lawmakers to counter the industry lobby and advance the bill.

Months before even introducing the bill, “I started talking to legislators about what was happening in the industry and what was happening to the workers,” Ammons explains. “We started really pushing our legislators in a way that maybe they had not experienced from another legislator, asking them to take the moral high ground on the issue. They realized we weren’t going to let it go and decided they had to work with us.”

The Responsible Job Creation Act also requires staffing agencies to bear the costs of background checks, drug tests and credit reports for job applicants—costs workers currently have to incur themselves.

CWC activist Freddy Amador, who worked as a temp for five years at a factory in Waukegan, told In These Times that he’s had to pay up to $95 in such fees for a single job application. “You pay and sometimes you’re not even going to get the job,” he says.

“Working folks should never have to be penalized with these fees just to apply for a job,” Ammons said at Thursday’s press conference. “The temp agencies are a business, so they are to bear the costs associated with doing business, not the workers.”

HB690 also requires staffing agencies to provide workers with transportation back from a job site if they were given a ride. Under the current system, temp workers are frequently left stranded with no way to get home.

Ammons has promised to track how the law is being enforced, including whether temp agencies are actually placing temps into permanent positions, but admits there’s still more work to be done. In particular, Ammons hopes to pass a trailer bill that would end the practice of staffing agencies paying temp workers through credit or debit cards, which carry fees.

“That’s double taxation on the worker. They should be able to get a paper check,” Ammons says.

“We now have to ensure there is enforcement [of HB690], not that we create a law and forget about it,” Martinez insists. She has encouraged the temp worker leaders with CWC and WWJ to hold legislators accountable. “It’s up to you to let us know that the law is being acted out responsibly, and if not, don’t be afraid of coming back to us and making sure that we do the right thing.”

This article was originally published at In These Times on October 4, 2017. Reprinted with permission.

About the Author: Jeff Schuhrke is a Working In These Times contributor based in Chicago. He has a Master’s in Labor Studies from UMass Amherst and is currently pursuing a Ph.D. in labor history at the University of Illinois at Chicago. He was a summer 2013 editorial intern at In These Times. Follow him on Twitter: @JeffSchuhrke.


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Groundbreaking Bill in Illinois Would Give Temp Workers Equal Pay and Rights as Direct Hires

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Sweeping legislation introduced in the Illinois state legislature last month would dramatically improve pay, benefits and working conditions for almost a million of the state’s temp workers toiling in factories, warehouses and offices.

The Responsible Job Creation Act, sponsored by State Rep. Carol Ammons, aims to transform the largely unregulated temporary staffing industry by introducing more than 30 new worker protections, including pay equity with direct hires, enhanced safety provisions, anti-discrimination measures and protection from retaliation.

The innovative law is being pushed by the worker centers Chicago Workers’ Collaborative (CWC) and Warehouse Workers for Justice (WWJ), which say it would restore the temp industry to its original purpose of filling short-term, seasonal labor needs and recruiting new employees into direct-hire jobs.

Across Illinois, there are nearly 850,000 temp workers every year. Nationally, temp jobs are at record highs, with more than 12 million people flowing through the industry per year.

“Instead of temps just replacing people who are sick or coming during periods of higher production, they’re actually becoming a permanent staffing option,” says CWC executive director Tim Bell. “There’s nothing ‘temporary’ about it.”

Mark Meinster, executive director of WWJ, says there has been “an explosion” of temp workers in recent decades, especially in manufacturing and warehousing. “Those sectors are part of large, global production networks where you see hyper competition and an intense drive to lower costs. Companies can drive down labor costs by using temp agencies.”

CWC activist Freddy Amador worked at Cornfields Inc., in Waukegan, for five years. He tells In These Times the company’s direct hires start off making at least $16 an hour, but later get raises amounting to $21 an hour. As a temp, however, Amador was only making $11 an hour after five years on the job.

“As a temp worker, you don’t have vacation days, sick days, paid holidays”—all of which are available to direct hires, Amador says.

In These Times reached out to Cornfields to comment on this story. It did not immediately respond.

“Once a company is using a temp agency, it no longer has to worry about health insurance, pension liability, workers’ comp, payroll and human resources costs,” Meinster explains. “It also doesn’t have to worry about liability for workplace accidents, wage theft, or discrimination because, effectively under the law, the temp agency is the employer of record.”

This arrangement drives down standards at blue-collar workplaces, Bell says. “The company itself doesn’t have to worry about safety conditions because these workers aren’t going to cost them any money if they’re injured.”

“The safety for temp workers is really bad,” Amador says. “Temp agencies send people to do a job, but nobody trains them. Sometimes temp workers are using equipment they don’t know how to use, and they’re just guessing how to use it. I’ve seen many accidents.”

Under the new bill, temps like Amador would receive the same pay, benefits and protections as direct hires.

“This is landmark legislation,” Bell says. “There’s nothing like it in the United States.”

Last year, the Center for Investigative Reporting found a pattern of systemic racial and gender discrimination in the temp industry nationwide. Industry whistleblowers allege that African-American workers are routinely passed over for jobs in favor of Latinos, who employers consider to be more exploitable.

Discrimination can be hard to prove because staffing agencies aren’t required to record or report the demographics of who comes in looking for work. As Bell explains, applications often aren’t even filled out in the temp industry, but rather “someone just shows up to go to a job.”

The new bill would require temp agencies to be more transparent about their hiring practices by recording the race, gender and ethnicity of applicants and reporting that information to the state.

Furthermore, the bill includes an anti-retaliation provision that says if temp workers are fired or disciplined after asserting their legal rights, the burden is on the company and temp agency to prove that it was not done in retaliation.

“There’s this fundamental imbalance in the labor market that leads to a whole range of abuses and then non-enforcement of basic labor rights,” Meinster explains. “The changes we’re proposing in this bill get at addressing that structural issue.”

To craft the bill and get it introduced, CWC and WWJ received research and communications support from Raise the Floor Alliance, a coalition of eight Chicago worker centers. The Illinois AFL-CIO, National Economic and Social Rights Initiative, National Employment Law Project, Latino Policy Forum and Rainbow Push Coalition are among the legislation’s other supporters.

Though the Illinois government is still paralyzed by an unprecedented budget stalemate between the Republican governor and Democratic legislature, organizers are optimistic about the bill’s prospects.

“There’s potential for huge movement around this bill,” Bell says, citing the popularity of the presidential campaigns of Bernie Sanders and Donald Trump, which both touched on the theme of economic insecurity. While Trump focuses on jobs fleeing the country, Bell notes that “jobs here in this country have been downgraded.”

“We need to be talking about job quality, not only ‘more jobs.’ Both are important,” Meinster says. He believes existing temp jobs “could and should be good, permanent, full-time, direct-hire, living wage jobs with stability, respect and benefits.”

The author has worked with WWJ in the past on issues related to the temp industry.

This blog originally appeared at Inthesetimes.com on February 9, 2017. Reprinted with permission.

Jeff Schuhrke is a Working In These Times contributor based in Chicago. He has a Master’s in Labor Studies from UMass Amherst and is currently pursuing a Ph.D. in labor history at the University of Illinois at Chicago. He was a summer 2013 editorial intern at In These Times. Follow him on Twitter: @JeffSchuhrke.


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