Workplace Fairness

Menu

Skip to main content

  • print
  • decrease text sizeincrease text size
    text

American Workers Have Lost Control of Their Time. It’s Time To Take It Back.

Share this post

It wasn’t sup­posed to be like this, accord­ing to John May­nard Keynes. In 1930, the econ­o­mist pre­dict­ed that his grand­chil­dren would be work­ing 15-hour work weeks. Tech­nol­o­gy would have advanced to the point two gen­er­a­tions after his own that work­ers’ aver­age time on the job would be a frac­tion of what it once was. We would all be strug­gling to fig­ure out what to do with so much free time.

The oppo­site has turned out to be true. Instead of being freed from the tyran­ny of the clock, Amer­i­can work­ers are more shack­led to it than ever, work­ing longer hours, being sub­ject­ed to errat­ic sched­ules, fig­ur­ing out how to work more just to make ends meet, and watch­ing an increas­ing amount of con­trol over their lives slip into the boss­es’ hands.

In his new book Worked Over: How Round-the-Clock Work Is Killing the Amer­i­can Dream (Basic, Sep­tem­ber 2020), Jamie McCal­lum, a pro­fes­sor of soci­ol­o­gy at Mid­dle­bury Col­lege, exam­ines why and how U.S. work­ers are more tied to the clock than ever, the dam­age this has meant for work­ers’ well-being, and what an agen­da for reclaim that time could look like. We spoke by phone in Sep­tem­ber. This inter­view has been edit­ed for length and clarity. 

Explain the over­all sit­u­a­tion for the Amer­i­can work­er and time on the job.

There are three dimen­sions of it. One, the rise of over­all hours worked since the 1970s. Two, an increase in volatil­i­ty and the unpre­dictable nature of work­ers’ sched­ules. Three, work­ers not hav­ing enough hours to make ends meet. 

That’s a con­tra­dic­to­ry sit­u­a­tion, no? Peo­ple are work­ing too many hours, but also not enough hours. There’s a lack of con­trol of peo­ple’s over­all time both at work and when they’re not at work. Either way, peo­ple are sub­ject­ed to a tyran­ny of the clock.

That’s right. Peo­ple often ask me about this one sta­tis­tic that work time has increased sig­nif­i­cant­ly since the 70s for all wage and salary work­ers, which it has. But if you dig into that, you get a dif­fer­ent pic­ture. Most peo­ple are famil­iar with the idea that tech work­ers and lawyers and cor­po­rate lob­by­ists put in 70-hour weeks. They still work the longest out of every­one. But it’s low-wage work­ers who have increased their work time the most.

So the num­ber of hours that the high­est-paid work­ers work is con­verg­ing with the hours worked by the low­est-paid employ­ees. Is that because the low­est-paid employ­ees, who have been sub­ject to decades’ worth of wage stag­na­tion, are try­ing to make up for that stag­na­tion through work­ing more hours?

Yes. The work­ing rich today tend to pull away from the rest of the peo­ple below them wage-wise through bonus­es, high­er salaries, etc. Peo­ple at the bot­tom do it through work­ing longer hours. 

You talk in the book about this his­to­ry of dis­cus­sions of work time. It’s sim­i­lar to what the late anthro­pol­o­gist David Grae­ber talked about with tech­nol­o­gy—he argued that years ago, we all thought we were going to be liv­ing in this tech­no-utopia, some­thing like The Jet­sons, in which tech­nol­o­gy would pro­vide for many of our needs and make life bet­ter and eas­i­er. Instead, we now live in a pret­ty dystopi­an world. That’s also true of work time. 

Thinkers like John May­nard Keynes used to say that we would soon have more free time than we knew what to do with. Instead, we find our­selves work­ing longer hours than ever, and our work is always expand­ing into every nook and cran­ny of our lives. Instead of arriv­ing at a utopia, we’re in a place where work nev­er ends.

Exact­ly. Keynes thought that we would have a 15-hour work week by some­thing like 2030. And there were good rea­sons to think that. For about a hun­dred years, the num­ber of hours worked declined. The work day declined, the work week declined. But this began to shift in the 70s, when work­ers began return­ing to work­ing longer hours. But Keynes was onto some­thing. I think that he thought increased pro­duc­tion and com­pound inter­est and all the oth­er ris­ing indi­ca­tors of our econ­o­my would lead us to a leisure­ly soci­ety. He was right about the com­pound inter­est part—he was right about the prof­itabil­i­ty. But he was wrong about the time. 

Some­body was col­lect­ing all the wealth dur­ing that time and ben­e­fit­ing off of the advances of the econ­o­my and soci­ety, but it wasn’t work­ers.

Leisure actu­al­ly is expen­sive. Ben­jamin Kline Hun­ni­cutt wrote a great his­to­ry of this and argues that in the 1940s, peo­ple began desir­ing more leisure. Leisure costs more mon­ey, so they stopped desir­ing short­er hours to work longer, to make more mon­ey to pay for leisure. 

When you say they lose their time, you mean they lose con­trol of their life. They do not have con­trol over the most basic thing upon which every­thing else depends—their time.

Who­ev­er con­trols labor con­trols time. They con­trol when we have week­ends, when we raise our kids, when we eat, when we sleep, when we get up in the morn­ing, when we go to bed at night. There’s a rhythm to it that is very attached to work. When our work time is out of our con­trol, so is our oth­er time. 

To me, that is crim­i­nal. So there was a moral or eth­i­cal polemic that was run­ning through me when I was writ­ing this book. A “time squeeze” is real­ly about peo­ple being pushed around. That is a real­ly dis­mal way to live.

Not to men­tion that you can’t have things like democ­ra­cy with­out hav­ing the time to par­tic­i­pate in civic insti­tu­tions, in polit­i­cal activism, in any­thing out­side of your work.

Prac­tic­ing our free­doms and hav­ing a basic demo­c­ra­t­ic exis­tence requires hav­ing free time. If peo­ple are work­ing 50, 60 hours a week, or they’re des­per­ate­ly try­ing to scrape togeth­er a hodge­podge life, it’s hard to orga­nize. All those things are dis­rupt­ed when we have the kind of work­ing rhythm that we do.

In addi­tion to being unable to par­tic­i­pate in demo­c­ra­t­ic life, the work­place itself is the fur­thest thing from a democracy. It’s a dic­ta­tor­ship, in which your boss is king. And then when you’re home, in your time that you were sup­posed to have to do what­ev­er you want, you’re instead wor­ry­ing about work—the unde­mo­c­ra­t­ic régime of the work­place extends into your home.

Sta­tis­tics cap­ture leisure as time, but what we call leisure is typ­i­cal­ly spent recov­er­ing from work in order to return back to work. And even aside from demo­c­ra­t­ic norms, we need time for hol­i­days or enjoy­ing breaks or the great out­doors. You need space and real dis­tance to actu­al­ly pon­der and con­sid­er your life. And if all you’re doing is think­ing about the job you just came from and prepar­ing to go back to it the next day, you don’t have time to do it.

Talk about the details of this time régime of 21st-cen­tu­ry work. How is the time régime enforced? What are the mechanisms?

I became inter­est­ed in this project because of the “fair work­week” move­ment, which I think is one of the most vis­i­ble exam­ples today of work­ers orga­niz­ing for the con­trol of time. The move­ment high­lights a lot of low-wage retail, food ser­vice, health­care and trans­porta­tion work­ers whose work lives are dis­rupt­ed by peri­ods of unpre­dictable and volatile breaks. They’re unpre­dictable by design. Their sched­ules are pur­pose­ly removed from their con­trol and often giv­en to either an algo­rithm or a super­vi­sor, both of which will make the sched­ule that is obvi­ous­ly best for that par­tic­u­lar com­pa­ny, not the worker. 

I worked in retail when I was younger, and I’d be sched­uled three weeks in advance. That’s just not the case any­more. I remem­ber doing inter­views on 34th Street in New York City, a main shop­ping area, and in Burling­ton, Ver­mont. When you talk to sales clerks, they’ll say, “I got my sched­ule three days ago. But I’m being sent home ear­ly today at 3:15 PM.” They’re sent home at the exact moment they’re no longer need­ed. Those sched­ules are based upon a pre­dic­tive algo­rithm that cal­cu­lates the opti­mum amount of sales­peo­ple and sales hours on the floor based upon the weath­er, the time of year, etc. 

So your sched­ule is more like­ly to be cut. Or alter­na­tive­ly, you’re more like­ly to be held over. Work­ers become com­plete­ly exhaust­ed, not just by being over­worked, but by being over­run by the unpredictability.

Talk about the Dunkin’ Donuts work­er you profiled.

Maria Fer­nan­des worked at three dif­fer­ent Dunkin’ Donuts loca­tions in North­ern New Jer­sey. At the time, she was sup­port­ing a part­ner who also had chil­dren. One morn­ing, she got off of one shift around 6:00 AM but was not sched­uled to start her next shift until hours lat­er. She slept in her car overnight to “nap” before work. She nev­er woke up, from gas fumes. She died in her car in her Dunkin’ Donuts outfit. 

For a while, she became a sym­bol of the low-wage, over­worked Amer­i­can work­er. And for a while, there were calls from union lead­ers and activists to make leg­isla­tive changes in response—there was even a law pro­posed in her name. 

It is an incred­i­bly sad sto­ry. And there are plen­ty of peo­ple who are still work­ing those jobs and who are still sub­ject­ed to those same sched­ules who may have suf­fered sim­i­lar tragedies, but we don’t know their names.

You also write a lot about the new tech­nolo­gies that are used—not just algo­rith­mi­cal­ly defined sched­ul­ing, but all kinds of wild tech­nolo­gies used to hyper-Tay­lorize work in places like Ama­zon. You talk about a socio­met­ric badge that some MIT sci­en­tists cre­at­ed that was put around employ­ees’ necks that records all inter­per­son­al inter­ac­tions through an embed­ded micro­phone and mea­sures how often you talk to mem­bers of anoth­er gen­der. Does your voice con­vey con­fi­dence or anx­i­ety, are you wait­ing your turn to speak or con­stant­ly inter­rupt­ing oth­ers? The com­pa­ny is called “Humanyze.”

It sounds like Black Mir­ror. Humanyze actu­al­ly has stopped using the badges. I inter­viewed the guy who invent­ed those badges, he actu­al­ly seems thought­ful about what they’re doing com­pared to a lot of com­pa­nies who are just like, “look, man­agers need greater con­trol.” Oth­er soft­ware can access your web­cam and take ran­dom screen­shots of your work­space from wher­ev­er you are at ran­dom times through­out the day.

Work­ers have always hat­ed this kind of sur­veil­lance. Ever since Fred­er­ick Winslow Tay­lor walked into a fac­to­ry with a stop­watch and a slide rule in the 1890s, work­ers have hat­ed man­agers look­ing over their shoul­ders. Today we see the evo­lu­tion of that idea. It’s less through a fore­man and more through computers.

The impor­tant part to remem­ber about this stuff is not that it’s Orwellian or what­ev­er, but that it is the result of a dis­or­ga­nized work­ing class. As unions began to decline, man­agers gained more con­trol over their work­ers. As sub­con­tract­ing became a pop­u­lar way to save costs, and work­places couldn’t bar­gain over the use of sub­con­tract­ed labor, man­agers began increas­ing­ly using elec­tron­ic sur­veil­lance tech­nol­o­gy to mon­i­tor them from afar. This paved the way until today where it is a com­mon prac­tice among in-house work­ers too. Though work­ers rou­tine­ly report they don’t like it, they’ve been vir­tu­al­ly unable to resist it. It’s actu­al­ly increased dur­ing the pandemic. 

You wrote the book large­ly before the pan­dem­ic, but I can only imag­ine that just as com­pa­nies like Zoom are hav­ing a field day because we bad­ly need their tech­nol­o­gy under quar­an­tine, the tools that you’ve described, like the one where your boss can take over your web­cam and watch you while you work at home, are also being used more against workers.

Right. We’ve known a lot about this in the con­sumer realm for a long time. It’s real­ly about data col­lec­tion. This is also the main point of Shoshana Zuboff’s writ­ing about “sur­veil­lance cap­i­tal­ism”— it’s a new régime of col­lect­ing data. For a long time, com­pa­nies like Google and Face­book did not know what to do with that data. Now they do, and they can use it against you. They can use it in per­for­mance eval­u­a­tions, they can do it when it comes to wages, rais­es or bonus­es. They can dis­ci­pline you or fire you based upon your pro­duc­tiv­i­ty. But they would not be able to do it as well or eas­i­ly if work­ers had more pow­er to resist those things.

That issue of work­er pow­er is why we don’t have the fly­ing cars and 15-hour work weeks, right? Those ideas were advanced at a time when union den­si­ty was at its high­est. When work­ers don’t have that con­trol, tech­no­log­i­cal devel­op­ment con­tin­ues apace, but is wield­ed against work­ers rather than for them.

There is a clear need for us to fig­ure out ways to have tech­no­log­i­cal inno­va­tion in a way that decreas­es our over­all work and elim­i­nates the most ardu­ous jobs. That inno­va­tion can’t come at the expense of peo­ple’s liveli­hoods, it should make people’s lives bet­ter. In the 50s and 60s as work­place automa­tion arrived at indus­tri­al fac­to­ries, there’s some evi­dence that work­ers and their unions, which were much denser and stronger, were able to trans­late that automa­tion into free time or high­er wages. Today we don’t have that same ability.

Let’s talk about robots and gig work and the gen­er­al ero­sion of work in the Unit­ed States and through­out the wealthy world. Your dis­cus­sion of this in the book is one of the most nuanced that I’ve read, because on the one hand, breath­less dis­course along the lines of “the robots are going to take all our jobs” is com­mon. On the oth­er hand, you have some peo­ple who say this rhetoric is overblown—that there’s actu­al­ly lit­tle evi­dence that robo­t­i­za­tion and gig work are much more preva­lent than they always have been. This is just what cap­i­tal­ism looks like: insta­bil­i­ty, peo­ple not hav­ing con­trol of their jobs and of their lives. You take from both of those arguments.

It’s dif­fi­cult to assess it clear­ly. I agree with you that there are sort of breath­less and Pollyan­naish takes on both sides. The most recent and cel­e­brat­ed one was pres­i­den­tial can­di­date Andrew Yang: his cam­paign was all about the fear of automation. 

There’s cer­tain­ly evi­dence that robots are get­ting much cheap­er and much eas­i­er to put into work­places. I pro­filed a com­pa­ny that basi­cal­ly rents robots; if you have a prob­lem, the com­pa­ny devel­ops a robot for it, and you can rent it for how­ev­er long you want it for. When you’re done with it, they take it back. That great­ly low­ers the bar­ri­ers to entry to bring­ing automa­tion on to a par­tic­u­lar kind of assem­bly line or a par­tic­u­lar kind of pro­duc­tion process.

But I was inter­est­ed in the way we talk about robots. I uncov­ered stuff from pre­vi­ous gen­er­a­tions where peo­ple were very fear­ful of the poten­tial monot­o­ny of a life where we are just adjuncts of machines at work, or where machines do all of our work for us. Isaac Asi­mov once said we’re all going to become machine ten­ders. Today, fear of robots isn’t about bore­dom or malaise, it’s about los­ing a liveli­hood. I think that has some­thing to say about the dif­fer­ent kinds of regimes that peo­ple were work­ing under those dif­fer­ent times. 

There’s a clear his­to­ry of peo­ple embrac­ing tech­nolo­gies that lim­it ardu­ous work. I think peo­ple would wel­come that kind of tech­nol­o­gy today. The prob­lem is that we don’t have the con­trol to do it. Instead, we get a lot of fear and scape­goat­ing. When we don’t have con­trol over tech­nol­o­gy, we either blame tech­nol­o­gy or blame oth­er peo­ple, rather than the peo­ple who are actu­al­ly in con­trol of this technology.

Work­ers and unions need to think care­ful­ly about hav­ing these kinds of issues in their bar­gain­ing con­tracts. There’s actu­al­ly a recent increase of peo­ple talk­ing about app use in con­tract nego­ti­a­tions. Ways that work­ers can exer­cise some degree of con­trol or lever­age over how tech­nol­o­gy is used are crucial.

What about gig work? You pro­file gig work­ers and talk about what their work lives and non-work lives are like. But there’s a sim­i­lar way that gig work is talked about: that we’re all going to be gig work­ers soon. How much truth is there to that assertion?

I’m that per­son who strikes up an oafish con­ver­sa­tion with the Lyft dri­ver. You get real­ly dif­fer­ent reflec­tions: some peo­ple real­ly do see their job as a side hus­tle and enjoy some of the free­doms that come with it. And some peo­ple see those free­doms very differently. 

I pro­file peo­ple who dri­ve for Uber Eats. They can work when­ev­er they want, right? Wrong. They can’t work when peo­ple don’t want food. And they have to work when peo­ple want food that costs the most amount of mon­ey and they’ll get the largest amount of tips. So they’re actu­al­ly seri­ous­ly con­strained. I inter­viewed a woman who spent time dri­ving around each night from 9:00 PM to 1:00 AM, often with her six-year-old daugh­ter in the back­seat, deliv­er­ing meals. She didn’t feel she was free to work whenever. 

App work­ers are work­ers and should be rec­og­nized as such. They should have rights and lib­er­ties and ben­e­fits that come with being a work­er. The inde­pen­dent con­trac­tor sta­tus has been such a lie, and a way to exert so much more con­trol over that workforce. 

Which is some­thing under dis­cus­sion right now, par­tic­u­lar­ly in Cal­i­for­nia.

I have a strange sense of opti­mism that they will win. There’s a lot of orga­niz­ing going on in the gig econ­o­my by dri­vers and deliv­ery work­ers. Even since the pan­dem­ic start­ed, there were maybe half a dozen work stop­pages at a num­ber of impor­tant gig employ­ers. That activ­i­ty will lead somewhere. 

Let’s talk about the ide­o­log­i­cal aspects of this time cri­sis. That was one of the most inter­est­ing parts of your book: you talk about what the ide­o­log­i­cal jus­ti­fi­ca­tions for the time régime—the “do what you love” ethos, the idea that you need to not just work a job to pay the bills but find a job that you find ful­fill­ing on a deep per­son­al and exis­ten­tial lev­el. This is just an ide­o­log­i­cal jus­ti­fi­ca­tion for shit­ty work at longer hours. 

It’s one thing to under­stand how and why low-wage work­ers end up hav­ing to put in more time. But rel­a­tive­ly well-off people’s work-time grow­ing is some­thing dif­fer­ent. Cul­ture is clear­ly part of this, but there’s also a mate­r­i­al basis. This is one of the things that peo­ple don’t appre­ci­ate enough about the “mean­ing­ful work” dis­course. It’s easy to roll your eyes at the cyn­i­cal recu­per­a­tion by man­agers and gurus about doing what you love, blah. But we actu­al­ly all want mean­ing­ful jobs. We deserve them. If we have to work to sur­vive, at the very least, we should be able to like what we’re doing for eight-plus hours a day. 

I’ve always found it strange that some peo­ple are will­ing to write off the idea of mean­ing­ful work alto­geth­er as if it’s a cap­i­tal­ist plot. The prob­lem is not that peo­ple are encour­aged to find mean­ing­ful work. You write in the book that that is a right that we all should have. The prob­lem is when that con­cept is used to paper over work­ing con­di­tions and pay that are get­ting worse and worse.

It’s no sur­prise that the “do what you love ethos” explod­ed at the very same time that con­di­tions for work­ers began to stag­nate. It’s not some elite con­spir­a­cy—there was a gen­uine desire to leave monot­o­nous, tire­some, gru­el­ing fac­to­ry labor behind. And there was just as much a real desire to burn down your cubi­cle like they did in Office Space. But those desires were eas­i­ly recu­per­at­ed and re-enlist­ed in a cam­paign to say, “if work is mean­ing­ful and work is ful­fill­ing and work is good for my soul, then more work must be better.”

The Nation­al Labor Rela­tions Board had to rule against a pro­pos­al by T-Mobile that work­ers had to main­tain a pos­i­tive work envi­ron­ment. The NLRB ruled that no, you can’t do that. You can’t force peo­ple to like their job. When I talked to dancers at the old Lusty Lady strip club in San Fran­cis­co, they explained that man­age­ment includ­ed a “fun clause” in their con­tract that insist­ed their work was fun. The dancers said, “maybe it is, maybe it’s not, but that’s not your deci­sion. That’s up to us.” 

Speak­ing of San Fran­cis­co, you also were in the Bay Area to talk to tech work­ers. You have a fun­ny scene where you get on a Google bus and are kicked off for ask­ing tech work­ers about their jobs. Sep­a­rate­ly, you go to this swanky Sil­i­con Val­ley bar where… I don’t know, deals get made, I guess. And a guy who works at Google tells you, “Every­where you look, you hear peo­ple talk­ing about ‘mean­ing.’ They aren’t philoso­phers. … They sell ban­ner ads. What do they know about meaning?” 

There have been numer­ous books writ­ten on the mar­riage of the coun­ter­cul­ture and the com­put­er age. It’s such an inter­est­ing his­tor­i­cal switch. Peo­ple were inter­est­ed in a “let’s destroy the office, let’s have ful­fill­ing work­days, let’s have free­dom to exper­i­ment with new kinds of employ­ment rela­tion­ships.” And now they’re lead­ers of a move­ment to keep peo­ple at work longer and longer through a cou­ple of perks.

You argue in the end of the book for a time agen­da that work­ers could unite around, around this shared expe­ri­ence of not hav­ing con­trol of their work lives. What should the 21st-cen­tu­ry time agen­da look like? What should it include? What should be on the ban­ners of the move­ments in the street demand­ing their time back?

The old ban­ners used to say basi­cal­ly “few­er hours for more mon­ey.” For a long time, the labor move­ment was suc­cess­ful at win­ning exact­ly that. Dur­ing a cri­sis, espe­cial­ly like the one right now, it often seems tone deaf to talk about few­er hours when peo­ple are unem­ployed, when peo­ple aren’t get­ting CARES Act fund­ing and unem­ploy­ment insur­ance is run­ning out. But there’s a his­tor­i­cal prece­dent here. Dur­ing the Great Depres­sion, the gov­ern­ment used work-shar­ing ben­e­fits. They spread the work around to avoid lay­ing peo­ple off, reduc­ing hours and using gov­ern­ment pro­grams to sub­si­dize you at your pre­vi­ous wage. We should be doing more of that.

Protests around health­care, or to expand the purview of care in gen­er­al in an econ­o­my, are sig­nif­i­cant, too. We could cut and paste pro­grams from some peer nations in West­ern Europe. We work about 400 hours per year more than the Ger­mans, 250 hours more than French work­ers. They’re not starv­ing—they’re doing fine. State pro­vi­sions are impor­tant not only because they’re good for peo­ple’s health­care, but because it allows peo­ple to step back from work. But half of Amer­i­cans get their health insur­ance through a job, and min­i­mum-hour require­ments and eli­gi­bil­i­ty statutes require that peo­ple con­tin­ue work­ing, often longer than they want, just to main­tain their health­care. It’s trag­ic and it’s criminal. 

When I inter­viewed work­ers from Ohio from a laid-off auto plant out­side Day­ton, Ohio, they said, “Health­care should be tak­en off the union bar­gain­ing agen­da. It’s a dri­ver of lock­outs, it’s a dri­ver of dis­rup­tions, and most impor­tant­ly, we spend so much time argu­ing about health­care that we can’t talk about high­er wages and hours.” So uni­ver­sal health­care, Medicare for All, is an impor­tant goal of any­one think­ing about short­er hours.

You also talk about the upsurge in the labor move­ment around teachers. 

We think of teach­ers hav­ing the sum­mers off, right? I am the son of a teacher myself, and remem­ber our kitchen table piled high with books for the entire sum­mer, because that’s when you plan lessons and do a lot of oth­er impor­tant work ahead of the school year. Recent­ly, we’ve seen teach­ers get­ting not only sum­mer jobs to sup­ple­ment their income, but night jobs after school. 

But teach­ers have tak­en so much lead­er­ship in reori­ent­ing their work­places through strikes, and strikes that do more than just talk about teach­ers’ work issues. They talk about race and racism, immi­gra­tion, hous­ing, access to food. There’s no rea­son why work­ers can’t also talk about reduc­tion of work­ing hours. 

When it comes to con­tract nego­ti­a­tions, this is what peo­ple call “bar­gain­ing for the com­mon good.” Free time should be a pub­lic good. And we should use our moments of nego­ti­a­tions with employ­ers to think about win­ning soci­ety-wide agree­ments to decrease work time.

Let’s imag­ine this pan­dem­ic is over. What’s num­ber one on the “Jamie McCal­lum Agen­da for Free Time?” 

Oh, wow. [Long pause] I’m stalling just think­ing about it…

Our work-time régime has made you unable to even con­sid­er this ques­tion because it feels so far out­side of the realm of possibility.

It real­ly does. I’ll say two things. My the­sis advi­sor in grad­u­ate school was Stan­ley Aronowitz, one of the great labor schol­ars of the last half cen­tu­ry. I wrote him in June and said, “I’d like to meet with you.” He wrote back, “there are three rea­sons to become a pro­fes­sor: June, July, and August. Come to me in Sep­tem­ber.” I was like, man, I want that guy’s job and the free­dom that comes with it. One of the most reward­ing things about hav­ing the free­dom to write this book was the free­dom I had to go around the coun­try and meet peo­ple, talk to work­ers and hear what they’re deal­ing with. I want to be able to do more of that.

The oth­er thing is, any­one right now in Amer­i­ca with a small child is just going absolute­ly insane dur­ing this pan­dem­ic. So I want more schools, day­care camps, play­grounds, what­ev­er, to be open 24–7. I would like that to change not only for my son’s ben­e­fit, but just for the gen­er­al men­tal and emo­tion­al san­i­ty of the society. 

This blog originally appeared at In These Times on September 23, 2020. Reprinted with permission.

About the Author: Micah Uetricht is the deputy edi­tor of Jacobin mag­a­zine and host of its pod­cast The Vast Major­i­ty. He is a con­tribut­ing edi­tor and for­mer asso­ciate edi­tor at In These Times. He is the author of Strike for Amer­i­ca: Chica­go Teach­ers Against Aus­ter­i­ty (Ver­so 2014), coau­thor of Big­ger Than Bernie: How We Go From the Sanders Cam­paign to Demo­c­ra­t­ic Social­ism (Ver­so 2020), and is cur­rent­ly at work on a book on New Left­ists who “indus­tri­al­ized.” He pre­vi­ous­ly worked as a labor orga­niz­er. Fol­low him on Twit­ter at @micahuetricht.


Share this post

The GOP Just Got One Step Closer to Taking Away Your Overtime Pay

Share this post

Republicans have passed yet another bill that erodes protections for working families.

A bill Republicans have been pushing for years that undermines overtime pay just cleared the House. Called the “Working Families Flexibility Act” (H.R. 1180), it would amend the Fair Labor Standards Act to allow private companies to offer employees “comp” time instead of overtime pay for hours worked beyond a 40-hour work week.

The bill is being sold by Republicans as family friendly and “pro-worker,” allowing workers to take time off to attend to family needs. But Democrats and scores of labor and worker advocacy groups oppose the bill, saying it offers employees a false choice between pay and time off, effectively depriving workers of earned overtime without providing guarantees of family leave or stable work schedules.

The bill passed Tuesday, by a vote of 229-197, with six Republicans joining the 191 Democrats voting “no.” Sen. Mike Lee, a Republican from Utah, has introduced a companion Senate bill (S. 801) but no further action is scheduled. The Senate bill, like the House bill, has no Democratic sponsors. A spokesman for Senate Committee on Health, Education, Labor and Pensions chair Lamar Alexander, who supports the bill, said the senator “hopes to see the bill taken up by the Senate when time allows.”

“With working families across the country scraping to make ends meet, Congress should strengthen protections for workers—not gut protections already on the books,” Sen. Elizabeth Warren, a Democrat from Massachusetts, said in statement. With their vote, she said, “House Republicans are actually voting to make it legal for employers to cheat their workers out of overtime pay. This is a disgrace.”

“This is no substitute for paid sick leave, paid family leave and the genuine protections families need. This is a way for employers to avoid paying overtime,” said National Employment Law Project federal advocacy coordinator Judy Conti.

Other critics, including the American Sustainable Business Council, call the bill “badly designed, with too much potential for abuse by employers.” Concerns include potential wage theft, favoring workers who choose comp time over paid overtime and employees’ inability to use the comp time when they actually need it. A letter from nearly 90 groups opposing the bill notes that the bill provides no guarantee that workers would get their earned overtime if a company goes bankrupt or closes up shop.

The bill would allow employers to hold the cash equivalent of overtime their workers earn. Employees could then take those hours off at a later date or cash out at the end of a calendar year. Employers would also be required to pay workers overtime owed within 30 days of receiving a written request from an employee who changes her mind and wants cash rather than time off.

Analysis by the Economic Policy Institute shows how the bill doesn’t offer workers anything new and could leave them worse off financially. Or, as House Committee on Education and the Workforce Ranking Member, Rep. Bobby Scott, a Democrat from Virginia, said during the bill’s markup, “H.R. 1180 doesn’t give employees any rights they don’t already have … The bill does, however, create a new right for employers to withhold employees’ overtime pay.”

Committee Republicans say workers are being held back now by current rules and that the bill includes “numerous protections” to ensure employee choice. Democrats, however, say it does nothing to strengthen “existing workplace protections” or “flexibility.” Labor groups on record opposing the bill include the Service Employees International Union (SEIU), Restaurant Opportunities Center United, International Brotherhood of Teamsters, National Partnership for Women and Families and the Leadership Conference on Civil and Human Rights.

The legislation comes as the Obama administration’s rule to extend overtime pay to workers making up to $47,476 (double the current limit of $23,660) remains in legal limbo. That rule was expected to benefit more than 4 million workers. The bill also comes while most U.S. workers remain without access to paid family leave.

A recent Pew survey found that in 2016, only 14 percent of U.S. civilian workers had paid family leave, while 88 percent relied on unpaid family leave guar
anteed to those eligible by the Family and Medical Leave Act.

“The so-called Working Families Flexibility Act is not a solution,” committee member Rep. Suzanne Bonamici, a Democrat from Oregon, said in a statement. It’s “long past time,” she said, “that Congress enacted meaningful solutions to raise workers’ wages, increase access to paid sick days and family leave, provide flexible and predictable scheduling.”

This article originally appeared at Inthesetimes.com on May 3, 2017. Reprinted with permission.

About the Author: Elizabeth Grossman is the author of Chasing Molecules: Poisonous Products, Human Health, and the Promise of Green Chemistry, High Tech Trash: Digital Devices, Hidden Toxics, and Human Health, and other books. Her work has appeared in a variety of publications including Scientific American,Yale e360, Environmental Health Perspectives, Mother Jones, Ensia, Time, Civil Eats, The Guardian, The Washington Post, Salon and The Nation.


Share this post

A Post-Brinker Victory for Employees: Bradley v. Networkers International, LLC

Share this post

In the aftermath of the California Supreme Court’s landmark decision in Brinker Restaurant Corp. v. Superior Court(2012) 53 Cal.4th 1004 (Brinker), employers and non-exempt employees are still hashing out the implications of the clarified meal and rest period requirements.  In April, Bryan Schwartz Law discussed the implications of that case on this blog, which can be found here: California Supreme Court’s Long-Awaited Brinker Decision.

 

Last week, in Bradley v. Networkers International, LLC (December 12, 2012)  —Cal. Rptr.3d —, 2012 WL 6182473, the California Court of Appeal in San Diego addressed a common problem in meal and rest period cases: where an employer has no compliant meal and rest period policies that are distributed to employees. This case makes clear that a lack of a meal or rest period policy can provide sufficient commonality for class certification, which is a significant victory for plaintiffs.

Background

While the Brinker case was pending, a number of cases appealed to the Supreme Court were granted review and held, pending the decision in Brinker.  Among the cases relegated to judicial limbo was Bradley v. Networkers International, Inc. (Feb. 5, 2009, D052365). In Bradley, three plaintiffs filed a class action complaint against Networkers International, LLC, alleging violations of California’s wage and hour laws including nonpayment of overtime and failure to provide rest breaks and meal periods. The plaintiffs moved to certify the class, which requires that they “demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives.” Brinker, 53 Cal.4th at 1021. The court determined that the plaintiffs did not demonstrate that common factual and legal questions would predominate over the individual issues and denied class certification. The plaintiffs appealed, but the decision was upheld by the California Court of Appeal. 

Plaintiffs appealed to the California Supreme Court, which granted petition for review but held the case for over three years until Brinker was resolved. After issuing their decision in Brinker, the California Supreme Court remanded Bradleyto the California Court of Appeal, Fourth Appellate District, with directions to vacate its decision on class certification and reconsider the case in light of the Brinker decision.

Before getting to the recent decision from the Fourth Appellate District, a little background is useful. A common fight between employers and employees arises when an employer classifies its employees as “independent contractors,” as opposed to employees. True independent contractors have control over the terms and conditions of their employment and are not subject to California wage and hour protections including overtime and meal and rest periods. Employees, on the other hand, remain under their employer’s control during their working hours and are protected by California’s wage and hour laws. The employee versus independent contractor issue has been a battleground for years in the employment law arena and California courts have developed numerous criteria to assess whether an individual is truly an independent contractor or an employee.

In the recent Bradley case, the three plaintiffs alleged that they were misclassified as independent contractors, and should instead have been treated as employees. All three of the plaintiffs worked for Networkers. Each of the plaintiffs was required to sign an “independent contractor agreement,” which stated that each was an independent contractor rather than an employee. As such, plaintiffs did not receive overtime pay or meal or rest periods. However, contrary to the terms of the agreement, the plaintiffs alleged that they were treated as employees and were subject to the same employment policies.

Networkers argued that plaintiffs’ motion to certify the class should be denied because the case did not involve common questions of fact or law, and therefore, resolution of the case would require mini-trials for each plaintiff. Although the court agreed with Networkers on the first go-around, after the Brinker decision, the court agreed with plaintiffs on all but one cause of action. 

The Court of Appeal’s Decision on Remand

Because Networkers applied consistent companywide policies applicable to all employees regarding scheduling, payments, and work requirements, those policies could be analyzed on a class-wide basis. The court would not need to assess them with respect to each potential class member. In analyzing whether class certification was appropriate the court noted that, “[t]he critical fact is that the evidence likely to be relied upon by the parties would be largely uniform throughout the class.” The court held that the factual and legal issues related to the independent contractor issue would be the same among the plaintiff class members, and therefore appropriate for class treatment.
 
Moreover, in Bradley, as in many workplaces, the employer did not have a policy actually distributed to employees that provides for meal and rest periods. Networkers argued that Brinker was not controlling, in its guidance about meal and rest requirements, because in Brinker the plaintiffs challenged an express meal and rest break policy whereas in Bradley, the plaintiffs were arguing that the employer’s lack of policy violated the law. The Court rejected this argument, holding: “This is not a material distinction on the record before us. Under Brinker, and under the facts here, the employer engaged in uniform companywide conduct that allegedly violated state law.” Bradley, 2012 WL 6182473 *13. The Court noted that plaintiffs had presented evidence on Networkers’ uniform practice and that Networkers acknowledged that it did not have a policy and did not know if employees took meal or rest breaks. In assessing the lack of evidence presented by Networkers and relying on Brinker, the Bradley Court held: “Here, plaintiffs’ theory of recovery is based on Networkers’ (uniform)  lack of a rest and meal break policy and its (uniform) failure to authorize employees to take statutorily required rest and meal breaks. The lack of a meal/rest break policy and the uniform failure to authorize such breaks are matters of common proof.” Bradley, 2012 WL 6182473 *13.

The Bradley decision disposes of a significant hurdle in wage and hour cases by holding that this type of scheme – where no policy is distributed to provide for meal and rest periods- can meet the commonality requirement for class certification. For example, Bryan Schwartz Law is currently representing a group of restaurant workers who were not aware of a meal/rest period policy, and who were not provided with meal or rest periods. In the Bryan Schwartz Law case, there was no policy that provided the workers with coverage to enable them to take their breaks. Under Bradley, certification is appropriate to test, class-wide, whether the employer’s lack of a well-defined policy or practice of providing meal/rest periods violated the Labor Code. 

Although several meal and rest period cases have been decided adversely to workers post-Brinker, the Bradley court determined that each of those cases was distinguishable.  In distinguishing Lamps Plus Overtime Cases (2012) 209 Cal.App.4th 35, the Bradley Court of Appeal noted that it was undisputed that the Lamps Plus employer’s written meal and rest period policy was consistent with state law requirements and that the violations differed at each store and with respect to each employee. Similarly, the Bradley court held that Hernandez v. Chipotle Mexican Grill, Inc. (2012) 208 Cal.App.4th 1487 was distinguishable because the only evidence of a company-wide policy or practice was Chipotle’s evidence that it provided meal and rest breaks as required by law. Likewise, Bradley distinguished Tien v. Tenet Healthcare Corp. (2012) 209 Cal.App.4th 1077, noting that in that case there was “overwhelming” evidence that meal periods were made available and the employer’s liability with respect to each employee depended on issues specific to each employee. Brookler v. Radioshack Corp. is an undecided case that was remanded after Brinker involving wage and hour class certification, which may provide additional clarification on these issues.

The court also rejected Networkers’ argument that because each plaintiff would be owed a different amount of damages, the case should not be certified. Relying, in part, on the concurring opinion in Brinker, the court held that even where plaintiffs are required to individually prove damages, individualized damages inquiries do not bar class certification. The court also reversed its prior decision and determined that class certification on the issue of overtime was appropriate because, assuming the plaintiffs were employees, proof of damages could be determined from the common proof of the pay records.

Although the court decided to remand the off-the-clock work issue, it did so because the factual record did not show that there was a uniform policy requiring each employee to work off the clock.

About the Author: Bryan Schwartz is a practicing attorney. If you believe you have been mis-classified as an independent contractor, have meal and rest period claims, or have questions about other wage and hour violations, contact Bryan Schwartz Law (www.BryanSchwartzLaw.com). Nothing in the foregoing commentary is intended to provide legal advice in a specific case or to form an attorney-client relationship with any reader. You must have a representation agreement with Bryan Schwartz Law to be a client of this firm or author.

Share this post

What You Need To Know About The Michigan GOP’s ‘Right-To-Work’ Assault On Workers

Share this post

On Thursday, Michigan Gov. Rick Snyder (R) backtrackedon his commitment to avoid so-called “right-to-work” legislation and by the end of the day, both the Michigan House of Representatives and the Michigan state Senate had introduced and passed separate bills aimed at the state’s union workforce.

Michigan Republicans claim the state needs the measure to stay competitive with Indiana, where lawmakers passed “right-to-work” last year. In reality, though, such laws have negative effects on workers and little effect on economic growth. Here is what you need to know about the state GOP’s campaign:

THE LEGISLATION: Both the state House and state Senate passed legislation on Thursday that prohibits private sector unions from requiring members to pay dues. The Senate followed suit and passed a different but similar measure that extends the same prohibition for public sector unions, though firefighters and police officers are exempt. The state House included a budget appropriations provision that is intended to prevent the state’s voters from being able to legally challenge the law through a ballot referendum. Due to state law, both houses are prevented from voting on legislation passed by the other for five days, so neither will be able to fully pass the legislation until Tuesday at the earliest.

THE PROCESS: Union leaders and Democrats claim that Republicans are pushing the legislation through in the lame-duck session to hide the intent of the measures from citizens, and because the legislation would face more trouble after the new House convenes in January. Michigan Republicans hold a 63-47 advantage in the state House, but Democrats narrowed the GOP majority to just eight seats in November. Six Republicans opposed the House measure; five of them won re-election in 2012 (the sixth retired). And Michigan Republicans have good reason to pursue the laws without public debate. Though the state’s voters are evenly split on whether it should become a right-to-work state, 78 percent of voters said the legislature “should focus on issues like creating jobs and improving education, and not changing state laws or rules that would impact unions or make further changes in collective bargaining.”

THE CONSEQUENCES: While Snyder and Republicans pitched “right-to-work” as a pro-worker move aimed at improving the economy, studies show such legislation can cost workers money. The Economic Policy Institute found that right-to-work laws cost all workers, union and otherwise, $1,500 a year in wages and that they make it harder for workers to obtain pensions and health coverage. “If benefits coverage in non-right-to-work states were lowered to the levels of states with these laws, 2 million fewer workers would receive health insurance and 3.8 million fewer workers would receive pensions nationwide,” David Madland and Karla Walter from the Center for American Progress wrote earlier this year. The decreases in union membership that result from right-to-work laws have a significant impact on the middle class and research “shows that there is no relationship between right-to-work laws and state unemployment rates, state per capita income, or state job growth,” EPI wrote in a recent report about Michigan. “Right-to-work” laws also decrease worker safety and can hurt small businesses.

Union leaders are, of course, aghast at Snyder and the GOP’s right-to-work push. “In a state that gave birth to the modern U.S. labor movement, it is unconscionable that Michigan legislators would seek to drive down living standards for Michigan workers and families with a law that will do nothing to improve either the state’s economic climate or the quality of life for Michigan residents,” RoseAnn DeMoro, the executive director of National Nurses United, said in a statement.

This post was originally posted on December 7, 2012 on Think Progress. Reprinted with Permission.

About the Author: Travis Waldron is is a reporter/blogger for ThinkProgress.org at the Center for American Progress Action Fund. Travis grew up in Louisville, Kentucky, and holds a BA in journalism and political science from the University of Kentucky. Before coming to ThinkProgress, he worked as a press aide at the Health Information Center and as a staffer on Kentucky Attorney General Jack Conway’s 2010 Senate campaign. He also interned at National Journal’s Hotline and was a sports writer and political columnist at the Kentucky Kernel, the University of Kentucky’s daily student newspaper.


Share this post

I’m a Guy and I’m Stressed Out

Share this post

Image: Bob RosnerAh, the good old days. It’s 1977 and the Labor Department’s Quality of Work study found that 34 percent of men say that they’re experiencing some kind of work and home life stress. About one in three.

Fast forward to 2008 (okay, it’s 2011, but the Labor Department sometimes gets too much labor on it’s plate to produce reports in a timely fashion. Don’t get me started on the stress they’re experiencing) and the same question gets agreement from 49 percent of men with families. Just about half.

Where does this stress come from? Not many surprises here. 60 percent of me who have a spouse who also works report substantial conflicts in the demands of work and family, as do men with young kids (55 percent) and men who work the longest hours (60 percent of those working more than 50 hours a week, versus 39 percent of those working 40-49 hours/week).

There are many reasons for this: wages have remained essentially flat for almost 40 years, long hours, working not only your job but the job of laid off coworkers, greater job insecurity and boundaries between work and home life that are breaking down. Heck, just writing this list is stressing me out.

Okay, my take is that this is all a good thing.

Men should assume more stress from their home life. Take more responsibility. In my significant relationships I did 80% of the cooking, cleaning and taking care of the kids. I think that men should contribute in all these areas.

Because participating in family life does bring stress. But it also brings joy and meaning. So this is one of those areas where stress is not 100% bad. It can complicate your life but it also enriches your life at the same time.

Why should women have all the joys and stress from home? Dive in there fella.

About the Author: Bob Rosner is a best-selling author and award-winning journalist. For free job and work advice, check out the award-winning workplace911.com. Check the revised edition of his Wall Street Journal best seller, “The Boss’s Survival Guide.” If you have a question for Bob, contact him via [email protected].


Share this post

Peaceful Revolution: Champion Real Workplace Flexibility

Share this post

Image: Netsy FiresteinThe White House Forum on Workplace Flexibility has generated an energetic buzz in work family advocacy circles across the nation. As a longtime advocate for family friendly workplaces, I am thrilled by First Lady Michelle Obama and President Barack Obama’s keen interest and commitment to build and promote flexible workplaces. I also commend the many businesses that are genuinely trying to create workplaces that reflect the current needs of America’s working families. But I am cautiously optimistic. For, I am also aware of the many “fake flex” policies that force workers to “flex” their lives to fit the job and not vice versa.

Workplace flexibility remains an elusive phenomenon in most American workplaces — the majority of such benefits are available only to the highly qualified and skilled professional workforce. And when flexible work arrangements are offered to service sector workers, they do little to address the workers’ needs but plenty for the company’s bottom-line. Creating a more “flexible” and cheaper workforce is a popular profit-making strategy of many large retail employers including big box chains like Walmart. In the name of flexibility, employers are capping wages, forcing full-time workers into part-time positions without benefits, and forcing them to work irregular and erratic work schedules, including working more nights and weekends. The demand that workers be available round the clock puts the company’s needs first and the needs of working families last. Such management-driven “fake flex” policies that penalize workers and give them little or no control give workplace flexibility a bad name.

As I see it, real workplace flexibility equals workers’ control over their job plus security. It is never forced on workers. It expands their choices by giving them the power to shape their work days, hours and schedules to achieve work family balance. A key task for the Obama Administration is to put existing flexible workplace policies through a sieve and champion only those policies that truly give workers control over their work time without risking their wages, benefits or job security.

We have made some advances in creating family friendly workplaces — but these have been worker by worker and workplace by workplace. For the most part, labor unions have been at the forefront of re-envisioning the workplace — the 8-hour work day, the weekend, safety standards, and important family friendly policies such as paid sick days, paid family leave and family health insurance (see Family-Friendly Workplaces: Do Unions Make a Difference?). In many industries, unions have regulated “flexibility” that is controlled by the employer and a burden on employees (see Real Flextime – Union Made). Any policy discussion on advancing workplace flexibility stands to gain from a strong union presence at the table.

Nearly 75 percent of all working adults in the United States have little or no control over their work schedules — lower paid workers (especially lower income women) have the least control. Arriving or leaving even a few minutes late can cost them their jobs. We continue to lag behind other developed nations in guaranteeing our workers important labor standards such as paid sick days and paid family leave. In his closing remarks at the Forum, President Obama said, “Caring for loved ones and raising the next generation is the single most important job we have.” It is indeed time we made this easier for our working families.

A Peaceful Revolution is a blog about innovative ideas to strengthen America’s families through public policies, business practices, and cultural change. Done in collaboration with MomsRising.org, read a new post here each week.

*This post originally appeared in The Huffington Post on April 5, 2010. Reprinted with permission.

About the Author: Netsy Firestein is founder and Executive Director of the Labor Project for Working Families, a national non-profit organization that educates and empowers unions to organize, bargain and advocate for family friendly workplaces. Ms. Firestein is recognized as a national expert on labor and work family issues. For over 25 years, Ms. Firestein has worked with the labor movement to ensure that work family issues are an integral part of labor’s organizing, bargaining and advocacy efforts.  Ms. Firestein has also helped forge important partnerships between labor and community groups to advocate for statewide and national work family policies.


Share this post

White House Boosts ‘Flexible’ Workplace, As 15 Million Still Seek ANY Workplace

Share this post

The White House on Wednesday took time out to promote the value of a flexible workplace that can accomodate two-paycheck families. With 15 million people officially unemployed, it made one nostalgic for a time before the recession, when people worried about the quality of their work lives rather than about just finding a job.

But allowing workers flexible schedules so they can balance their work and family lives isnt just a luxury that should be reserved for flush economic times. As Michelle Obama pointed out at the event that included business and family advocates, “So it’s something that many of the companies here today have discovered, very fortunately, that flexible policies actually make employees more, not less, productive.”

To underscore that point, the White House Council of Economic Advisers released a report that, the White House noted, “discusses the economic benefits of workplace flexibility—such as reduced absenteeism, lower turnover, improved health of workers, and increased productivity.”

Still, there might be a way to combine workplace flexibility with job creation — by adopting the proposal of Dean Baker and others to use unemployment insurance or other funds to help keep people on the job but working fewer hours.

Unfortunately, that sort of approach responding to the clamor for work didn’t get as much attention as innovative ways to promote flexible hours for employees so they can juggle personal and work obligations.  As the Huffington Post’s Dan Froomkin reported:

Two out of three American families are so-called “juggler families,” in which parents are forever trying to balance the needs of their job with the needs of their children.

But many workplaces — and government policies — are still stuck in the distant past, operating as if most families still had a single breadwinner, and someone else to mind the kids when they’re out of school, or the grandparents when they need care.

Once you realize that, there are a bunch of employer practices and policy proposals that suddenly make a lot of sense: Encouraging telecommuting, giving people time off for family emergencies, enabling flexible schedules, allowing employees to swap shifts, and so on…

As part of his push, Obama cited a new White House report which concludes that flexible workplace rules could increase productivity.

But he also cast the need for more humane workplaces in moral terms. “[U]ltimately, it reflects our priorities as a society — our belief that no matter what each of us does for a living, caring for our loved ones and raising the next generation is the single most important job that we have. I think it’s time we started making that job a little easier for folks,” he said.

Even so, feminists and others who have promoted these concepts for years are now sharpening their arguments about the need for making such reforms in hard times. As Ellen Galinsky, president of the Families and Work Institute pointed out, in advance of the conference:

We had a preview of the Forum last week in DC at the Work Life Conference, co-convened by the Families and Work Institute and The Conference Board. Speaking at the conference, Martha Coven of the White House Domestic Policy Council said that some might argue that employees are lucky just to have jobs, that companies have to focus on meeting their payrolls, and that the government needs to get the economy back on track and stabilizing it. They ask, “why workplace flexibility; why now?”

That is a false choice, she countered. Workplace flexibility is something that we have to do not only when times are good, but when times are bad. Workplace flexibility will help our businesses AND our families thrive.

While promoting “flexible workplaces” won’t do anything to stop the distorted GOP onslaught targeting Obama over jobs, he stood up for the imporance of the issue—and made clear its broader benefits.

“Workplace flexibility isn’t just a women’s issue. It’s an issue that affects the well-being of our families and the success of our businesses,” said  Obama. “It affects the strength of our economy – whether we’ll create the workplaces and jobs of the future that we need to compete in today’s global economy.”

As a White House press released noted, Obama has taken the issue seriously enough to place it alongside other intiatives that aim to level the playing field for women — and strengthen out economy by promoting full and fair participation in the workplace:

“Employers, including the federal government, will have to implement flexible work policies if they want to attract the best and the brightest,” said Valerie Jarrett, Senior Adviser to the President and Chair of the White House Council on Women and Girls. ” The President is committed to making sure that the federal government can compete for talent because he knows that good people produce better work, which in turn, leads to better service for the American people.”

*This post originally appeared in Working In These Times on April 1, 2010. Reprinted with permission.

About the Author Art Levine is a contributing editor of The Washington Monthly, and a former Fellow with the Progressive Policy Insititute. He has also written for Mother Jones, The American Prospect, The New Republic, The Atlantic, Slate, Salon and numerous other publications. He is the author of 2005’s PPI report, Parity-Plus: A Third Way Approach to Fix America’s Mental Health System, and is currently researching a book on mental health issues. Levine also posts commentary at Art Levine Confidential.


Share this post

Companies That Care About Workers’ Rights: Apply Now to be Named a 2010 Top Small Company Workplace

Share this post

Inc. magazine and the nonprofit I work for, Winning Workplaces, have partnered to find and recognize exemplary workplaces; those that motivate, engage and reward people. A model workplace can offer a critical competitive edge, ultimately retaining employees and boosting the bottom line.

Together, Inc. and Winning Workplaces will identify and honor those benchmark small and mid-sized businesses that offer truly innovative, supportive environments, thus achieving significant, sustainable business results.

“Growing, privately held companies have always excelled at competing based on the people they employ,” states Jane Berentson, Editor of Inc. magazine. “Their innate ability to innovate is woven throughout their cultures, including the way they manage and motivate their employees. Inc.’s partnership with Winning Workplaces is a great opportunity to fully recognize private company excellence in supporting their human capital.”

Click to apply for Top Small Company Workplaces 2010“Winning Workplaces is thrilled to partner with Inc. as we honor truly exemplary organizations who have created workplaces that are better for people; better for business; and better for society,” said Gaye van den Hombergh, President, Winning Workplaces. “These organizations are an inspiration to business leaders looking for ways to leverage their people practices to create more profitable and sustainable companies.”

The application process is open through January 22, 2010. To apply, go to tsw.winningworkplaces.org. The Top Small Company Workplaces will be announced in a special issue of Inc., which will be available on newsstands June 8, 2010, and on Inc.com in June. An awards ceremony, honoring the finalists and winners, will be held at the national Inc. On Leadership Conference in October 2010.

About Inc. magazine
Founded in 1979 and acquired in 2005 by Mansueto Ventures, Inc. magazine (www.inc.com) is the only major business magazine dedicated exclusively to owners and managers of growing private companies that delivers real solutions for today’s innovative company builders. With a total paid circulation of 724,110, Inc. provides hands-on tools and market-tested strategies for managing people, finances, sales, marketing and technology.

About Winning Workplaces
Winning Workplaces (www.winningworkplaces.org) is an Evanston, IL-based not-for-profit, whose mission is to help the leaders of small and mid-sized organizations create great workplaces. Founded in 2001, Winning Workplaces serves as a clearinghouse of information on workplace best practices, provides seminars and workshops on workplace-related topics and inspires and awards top workplaces through its annual Top Small Company Workplaces initiative.

About the Author: Mark Harbeke ensures that content on Winning Workplaces’ website is up-to-date, accurate and engaging. He also writes and edits their monthly e-newsletter, Ideas, and provides graphic design and marketing support. His experience includes serving as editorial assistant for Meredith Corporation’s Midwest Living magazine title, publications editor for Visionation, Ltd., and proofreader for the National Association of Boards of Pharmacy. Mark holds a bachelor’s degree in journalism from Drake University. Winning Workplaces is a not-for-profit providing consulting, training and information to help small and midsize organizations create great workplaces. Too often, the information and resources needed to create a high-performance workplace are out of reach for all but the largest organizations. Winning Workplaces is changing that by offering employers affordable consulting, training and information.


Share this post

What’s Wrong with This Picture?

Share this post

The following is cross-posted on the Winning Workplaces blog. I thought it was appropriate for Today’s Workplace’s focus on taking back Labor Day. After all, this holiday should offer pause not just for workers, but for company leaders to reflect on how they can do more with less in this difficult economic environment. Enjoy, and feel free to drop a comment below.
– MH

According to two new, independent employer studies – this one and this one – while more than half of employers are planning to hire full-time employees over the next year, over half also don’t offer paid maternity leave (and those that do provide only around 50% pay, on average).

This recruiting/retention picture doesn’t add up for me.  Companies that believe they’re seeing light at the end of the economic tunnel should focus on pleasing their current workforce and getting employees engaged – especially if they’ve had to make some wage or other concessions since the beginning of the recession.  This is all part of sharing the recovery as well as the pain with workers.

This is not to say that companies that see more demand shouldn’t hire more talent to meet it.  But while they make plans to do so, they should use this time as an opportunity to ramp up their benefit packages and other methods for improving productivity and commitment so their existing knowledge base is fully on board for the increased workload – and so they can serve as better ambassadors to acclimate new hires to the organizational culture.

Do you agree or disagree with my assessment that the above-mentioned studies represent conflicting human capital strategies?

About the Author: Mark Harbeke ensures that content on Winning Workplaces’ website is up-to-date, accurate and engaging. He also writes and edits their monthly e-newsletter, Ideas, and provides graphic design and marketing support. His experience includes serving as editorial assistant for Meredith Corporation’s Midwest Living magazine title, publications editor for Visionation, Ltd., and proofreader for the National Association of Boards of Pharmacy. Mark holds a bachelor’s degree in journalism from Drake University. Winning Workplaces is a not-for-profit providing consulting, training and information to help small and midsize organizations create great workplaces. Too often, the information and resources needed to create a high-performance workplace are out of reach for all but the largest organizations. Winning Workplaces is changing that by offering employers affordable consulting, training and information.


Share this post

The Advent of the Four Day Work Week?

Share this post

At least in Utah (via Derek Thompson at The Atlantic):

Forget everybody working for the weekend. In Utah all government employees have shifted to a four-day workweek, and the state is calling it a win-win-win for its budget, workers and clean air. Utah has saved $1.8 million in electrical bills in the last year, the air has been spared an estimated 6,000 metric tons of carbon dioxide, and workers are thrilled.  Eighty-two percent of them say they prefer the new arrangement, which still enforces the 40-hour week by requiring 10 or more hours a day Monday – Friday. Is it time to ask your boss if you can take off Friday …. forever?

Not sure this will start a craze, but the fewer day workweek clearly has some benefits, as illustrated above.  Moreover, Thompson points out:

There's another way to realize those kind of savings: Asking workers to telecommute. As I've written before, the benefits of telecommuting are pretty diverse. From the employer side, it can save office space, utilities and overhead for employee services. From the employee side, it allows parents to spend more time with their family and cut down on increasingly expensive travel given the rising price of gas and public transportation. And of course, fewer cars on the road means less traffic, which means quicker travels (and less gas) for other Friday commuters.  

But, on the other hand, any increase in telecommuting will lead to less face time in the office. Will that have deletrious effects on the culture of the workplace and make employees feel that they are not part of a team, part of something more than just what they contribute to the enterprise?

Am I overstating my concerns here?

Paul Secunda: Paul Secunda joined the Marquette University Law School as an associate professor of law in the summer of 2008. He teaches employment discrimination, employee benefits, labor law, employment law, civil procedure, and seminars in special education law, global issues in employee benefits, and public employment law. Professor Secunda is the author of nearly three dozen books, treatises, articles, and shorter writings. He is also the author, along with Rick Bales and Jeff Hirsch, of the treatise, Understanding Employment Law, along with Sam Estreicher and Rosalind Connor, of the case book, Global Issues in Employee Benefits Law, and of the Teacher’s Manual to the 14th Edition of the Cox, Bok, Gorman & Finkin Labor Law casebook.Professor Secunda is a frequent commentator on labor and employment law issues in the national media and has written numerous columns and op-eds for the National Law Journal and Legal Times. He co-edits with Rick Bales and Jeffrey Hirsch the Workplace Prof Blog, recently named one of the top law professor blogs in the country, which is part of the Law Professors Blog Network.

This article originally appeared at Workplace Prof Blog on July 30, 2009 and is reprinted here with permission from the author.


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.