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5 Employment Trends to Watch in 2023

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As we enter 2023, changing employment trends have emerged that are already impacting countless employees and job seekers.  

Here are 5 specific developments that Allison & Taylor Reference & Background Checking anticipates for 2023:

  1. Given a projected tight labor market, employees are in a strong position vis a vis their compensation, benefits, and workplace accommodations.  Those seeking new employment — particularly those with technical skills — are in high demand and likely to remain so for the near term.  Increased opportunities for college graduates in 2023 are projected as well.
  1. While many employers are fostering a “return-to-the-office” mandate, hybrid and remote work are highly valued by countless employees which will ensure their continued presence in the marketplace.  Also likely: the expanded presence of the four-day workweek, benefitting employers and employees alike with lower burnout, reduced absenteeism, and increased sales.
  1. The modern workforce will continue to trend towards freelancing.  The growth of freelancing in recent years has easily exceeded that of the traditional workforce, with approximately half of all working millennials working in some freelance capacity.  Despite the current efforts of some states – notably California – to regulate the “gig” economy, it is estimated that a majority of the U.S. workforce will freelance by 2027.  
  1. Employers are increasing their levels of employee surveillance.  The number of employees who are monitoring their employees’ activities is growing, a function of ever-increasing numbers of employees working remotely or hybrid (and using their computers for both professional and personal use), a concern with employees leaking sensitive company information, and decreasing corporate costs in monitoring technology.  Employers are also watching their workers to avoid sexual harassment and discrimination lawsuits, in large part due to recent high-profile cases that resulted in the termination of well-known corporate executives.
  1. Workplace Abuse Will Continue As An Ongoing Fact of Life.  Previous surveys by the Workplace Bullying Institute (workplacebullying.org) identified approximately 27% of responders as having current or past direct experience with abusive conduct at work, with bosses constituted the majority of bullies. 

While the degree to which this might be mitigated as the result of remote/hybrid employment has yet to be determined, countless employers offer negative reference commentary regarding their former employees, adversely affecting their future employment prospects.  

Fortunately, third party reference checks conducted with former employers can often reveal information that can be utilized for remedial action, such as Cease & Desist letters, or more aggressive legal action.

This blog was contributed to Workplace Fairness by Heidi Allison-Shane. Republished with permission.


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How Does a Company Qualify as a Great Place to Work?

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To ensure a company will succeed, it needs employees. That might seem obvious, but hiring and retaining the right ones can be tough. Hiring people is strenuous in and of itself, but keeping those people motivated to continue pursuing their career through your company can be even more challenging.

Some companies are considered a Great Place To Work and have a very
high retention rate when it comes to their employees. We hope this article helps you better understand how your business can reach this goal.

Culture and Values

All companies should have a list of values that they want their employees to live by, within their working hours. These values help create an atmosphere where employees feel like a team across all departments, in many different ways. Although a company may clearly state their values, they can be prioritized differently depending on the company and the administration team running the business. Employees coming in will learn and follow the example set by those
above them. This will have an effect on the way your employees work and if they choose to stay.

If the company and its reputable employees don’t abide by the values the company claims to work by, they might stray in a different direction. Sometimes this can get out of hand. An example of a value one company might list is integrity; the quality of being honest and having strong moral principles.

If an employee works for a company long enough, they will realize
quickly if that company actually portrays this value. Not only could this cause new hires to start cutting corners and become more outspoken in the wrong ways, but it could lead to a higher employee turnover rate.

Try to have an employee-first mindset when creating these values.

Benefits and Recognition

There are many ways for a company to grab the attention of someone in search of a job. Some might look for a specific salary, but not all can negotiate compensation. Others are simply looking for a company that will recognize their employees and show their appreciation for all the work they provide. Whatever category your company chooses to focus on, make sure the website or job listing points that out. When applying to jobs, this might be the first place people will look.

Sometimes compensation is harder to increase as this depends on how well the company is profiting. Providing the right benefits, allowing opportunities for employees to receive appreciation, and giving recognition when it’s due can balance out the happiness your employees feel when it comes to how the company treats them.

As far as benefits go, most companies will likely include your typical insurance coverage for medical, dental, and vision.

Along with these basic benefits, it is important to provide your employees with information regarding the open enrollment period. This is the time where employees can sign up for specific benefits and only occurs once a year. Letting them know about this period of time will allow your employees to make changes to their benefits in a timely manner, that won’t raise red flags for your insurance company.

The benefits that catch the eye of people in search of a job are the ones that aren’t so typical such as paid time off (PTO) and family medical leave. Some
companies also give out holiday bonuses as a thank you for the year’s work.

There are many different ways to give back to your employees, these are just a few options.

Networking and Events

Corporate team-building events are a great way to allow employees to connect on a more personal level. Sometimes those events look like networking. Networking is a chance for employees from one company to connect with others from similar companies. This could be great for many reasons. It could open up doors for companies to work together for a bigger purpose or combine their services to reach more potential customers.

Networking can also bring in new employees by providing classes for others to learn what it is your company specializes in. Consider networking as an event that goes outside of your business.

Other events within your company could be things such as holiday parties, in-office events, or happy hours that occur outside of the work day.

These events are a great way to help your employees feel truly connected. Throwing holiday parties is a fun way to give everyone a chance to unwind, while getting to know each other and can help boost morale. Happy hour would allow employees the same chance to relax while still conversing about work. Who knows… maybe a new idea could arise through these conversations.

In-office events could be for a birthday or achievement within the company. This just shows your employees how much you appreciate them and the work they provide.

Remember, we’re all human and we are all working towards a common goal.

Retaining employees could seem like a challenge at first, but organizing your thoughts and achievements can make your company a great place to work.


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Starbucks Holds Life-Saving Benefits Over Trans Workers’ Heads

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Zane McNeill

OVERLAND PARK, KAN.—Maddie Doran worked at the Starbucks on 75th Street and Interstate 35 for 10 months, “not only to pay the bills,” she says, but because the company’s health insurance covers gender-affirming surgery. Many health plans exclude gender-affirming care, despite the fact that the medically necessary procedures can be lifesaving—Harvard research shows gender-affirming care can significantly reduce suicidal ideation, for example. 

And without Starbucks’ health plan, Doran’s facial feminization surgery would cost her $42,000.

But after Doran joined a union campaign at the store this winter, the benefit “was waved over my head” as an anti-union scare tactic, she says, with one store manager privately telling her, “You’re here for the gender-affirming surgeries and I’m worried about you [losing that benefit and] becoming the minority [in contract negotiations], because ultimately the union decides.”

An emailed statement from Starbucks to In These Times said that the company would “bargain in good faith” but could make no “guarantees about any benefits,” asserting that “even if we were to offer a certain benefit at the bargaining table, a union could decide to exchange it for something else.” 

Losing a benefit because of your union is extremely unlikely. As Katie Barrows, president of the Nonprofit Professional Employees Union, explains: “Employees form unions to improve their workplaces. Additionally, when employees organize, they are the union, which means they negotiate and vote to approve their union contract—union members are not going to vote for a contract that leaves them worse off.… I’ve only seen union contracts drastically improve workers’ pay, benefits and working conditions.” 

Before Doran could get the surgery, however, she lost the health coverage anyway. She and two other outspoken union supporters, Michael Vestigo and Alydia Claypool, were fired in the same week. The store accused Doran of stealing money; she denies the charge and believes the three were targeted as retaliation.

As a union organizing wave has pulled in more than 300 Starbucks stores so far, workers have alleged egregious union-busting tactics by the company, including intimidation, retaliatory firings and scheduling reductions. Interim CEO Howard Schultz announced in April that a new benefits expansion will exclude union stores.

In at least one other store, as reported in Bloomberg and Them, managers specifically threatened that unionizing could jeopardize health benefits for trans employees. These alleged threats prompted Workers United to file unfair labor practice charges against Starbucks with the National Labor Relations Board (NLRB), on behalf of employees at Doran’s store and an Oklahoma City location.

Doran says her firing represents how gender-affirming healthcare can be used as a cudgel against unionization efforts. Retaliatory store closures or firings can especially hurt trans employees who rely on hard-to-find benefits. 

Doran and her coworkers publicly announced their union campaign in January and held a walk out and strike in March to protest unfair working conditions. At one point, Doran says, managers tried to throw employees off the grounds of a local hotel where they’d been called for a mandatory anti-union meeting. When a group of workers gathered outside after the meeting, Doran says, a Starbucks manager told them, “You all need to go,” and then complained to the hotel front desk, who said the police had been called.

Doran, Vestigo and Claypool all made pro-union statements in the media, and all were terminated in April. The NLRB filed a complaint against Starbucks in May, alleging the firings were retaliatory, and Claypool has since been reinstated. 

The union ballots came back a week after the three were fired. The vote was 6–1 in favor of a union, adding Overland Park to the more than 200 Starbucks locations that have unionized so far this year.

Transgender people are unemployed at a rate three times higher than the national average, according to a 2015 National Center for Transgender Equality study, and face a greater risk of underemployment and poverty than other workers. They are subject to higher rates of hiring bias, on-the job discrimination and firings, greater wage inequity and unequal access to healthcare.

While Starbucks’ 2018 rollout of transgender health benefits was celebrated by LGBTQ advocates and media platforms, some workers at individual stores have reported trans-discriminatory practices. In 2018, Maddie Wade, a transgender employee, sued Starbucks for discrimination, alleging her manager repeatedly misgendered her. In a 2020 survey by hospitality union Unite Here of workers at airport Starbucks stores, which are run by a subcontractor, at least four employees reported discrimination such as “offensive and transphobic comments from managers.” A 2020 BuzzFeed story details three workers at different Starbucks stores being outed, hitting snags accessing gender-affirming benefits and being deadnamed. 

“Starbucks will posture that they care about queer people,” says Doran, “and they will posture that they care about any minority group, but the second you try to have a democratic workplace or speak up for yourself or don’t let them bully you—suddenly you’re public enemy number one, and they completely shut you out.” 

This blog is printed with permission.

About the Author: Author’s name is Zane McNeill. Zane is the founder of Roots DEI Consulting and Policy and is comanager of the labor rights group Rights for Animal Rights Advocates.


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How Workers Can Leverage “The Great Resignation”

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We all know that the COVID-19 pandemic changed our lives in myriad ways. But now that we are truly beginning to adjust to the new post-pandemic normal, many workers are realizing that not every pandemic-related change was bad. 

In fact, many have realized that their work lives before the outbreak simply weren’t working for them. And they’ve also realized that, yes, it can be possible to reimagine and reinvent how you earn your living. Thus, the “Great Resignation” era was born, presenting powerful new opportunities to leverage this unique moment in history to help build the work life of their dreams. But what can workers do to make the most of the “Great Resignation”?

What is “The Great Resignation” and Why Does It Matter?

Economists, business owners, and workers alike have been noticing the drastic surge in employee turnover in the previous year and, for a time, many were apt to attribute the phenomenon to COVID. But now that the world is beginning to emerge from the shadow of the pandemic, Americans continue to leave their jobs at a record pace. 

Some leave to seek new and better opportunities elsewhere, no longer willing to sacrifice great benefits or a satisfying work-life balance for the sake of job security. Others want to take the leap into business ownership for themselves. Whatever the individual reason, the net result is the same: Employers are desperate to keep the workers they have and to recruit new talent to fill the ever-widening labor gap. That means that, as a worker, now more than ever, the ball is in your court.

Harness the Power of Competition

Competition can be great for business, spurring innovation and compelling companies to be the best they can be. But in today’s extremely tight labor market, competition can also be highly beneficial for workers. 

In fact, if you want to turn the Resignation economy to your advantage as an employee, then one of the best things you can do is to understand your present or prospective employer’s competition and how your talents must be put to use with them. This insight can serve as a powerful bargaining chip in an environment in which talent is formidably difficult to recruit and retain. 

So understand exactly what your skills set is and how it can benefit your prospective or current employer — or their rival! By ensuring that your employer knows what value you bring, and by demonstrating that you understand your value to them as well, you not only make it nearly impossible for them to exploit you and your labors, but you also increase the likelihood that you’ll succeed in negotiating the perks and benefits you want! 

Consider Joining the Bandwagon

Let’s face it: It’s a jobseeker’s market out there. And if you truly want to make the most of this moment in time, then you should be willing to walk away when a job doesn’t serve you. 

For instance, if you’ve been negotiating a pay raise and you recognize that an employer simply isn’t willing to compensate you fairly for the value you bring to the company, then now may be the best moment to cut ties and go elsewhere. 

But of course, such a step isn’t without risk, even during the Great Resignation, so it’s important to do your homework and get prepared before jumping on the quitting bandwagon. Whether or not you have another gig already lined up, you need to make sure that your financial house is in order before resigning or changing jobs. 

At the very least, you’ll want to adjust your budget and increase your savings for the near term. And if you have health benefits or other perks, go ahead and use them up before leaving. This will help ensure you’re well-positioned for the transition into the new job or that you have a cozy nest egg if you’re job hunting or starting your own business.

This blog is printed with permission.

About the Author: Dan Matthews is a writer, content consultant, and conservationist. While Dan writes on a variety of topics, he loves to focus on the topics that look inward on mankind that help to make the surrounding world a better place to reside. When Dan isn’t working on new content, you can find him with a coffee cup in one hand and searching for new music in the other.


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Guide to Disability Benefits Under the Federal Employees Retirement System (FERS)

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The Federal Employees Retirement System (FERS) is the primary retirement plan for federal employees. Congress created this plan in 1986 to replace the Civil Service Retirement System (CSRS), which had existed since 1920. FERS covers all employees who joined the federal service on and after January 1, 1987. One of the most important components of FERS is its disability benefits. 

If you are an injured or disabled federal employee, it’s critical for you to understand the disability benefits that FERS offers. It is also essential for you to understand the amount of compensation that you may potentially obtain.

Is FERS the Same as CSRS?

Many people ask whether FERS offers them the same disability benefits as CSRS. The answer is that the two systems have significant differences. For one, CSRS disability benefits are calculated differently than FERS disability benefits. 

Furthermore, CSRS only has one component—an annuity. FERS consists of three parts:

  • The Thrift Savings Plan (TSP);
  • Social security benefits; and
  • An annuity. 

The tax consequences of each retirement plan are also different.

Which Federal Employees Are Eligible for FERS Disability Benefits?

To be eligible for FERS disability benefits, you must have:

  • Finished at least 18 months of Federal service;
  • Become disabled because of a medical condition that prevents you from performing the essential functions of your position; and 
  • Applied for social security disability benefits. 

On top of all that, your disability must be expected to last at least one year. 

Your federal employer plays a significant role in this process as well. Specifically, your federal employer must demonstrate that it attempted to accommodate your disability within your current position. It must also show that it looked for and failed to find any other jobs you could perform with your disability.

There are two important things that you do not need to demonstrate to be eligible for FERS. First, you do not need to show that your disability prevents you from performing all work. You only need to demonstrate that it makes you unable to perform your position of record with or without reasonable accommodations. 

Second, you do not need to show that your medical disability resulted from your job.

How Can I Calculate the Amount of My Benefits? 

To calculate your FERS disability benefits amount, you first need to determine the highest average basic pay you earned during any consecutive three- year period in your federal career. This figure is called the “high-3” average salary

Most federal employees receive their high-3 average salary during the final three years of their career. However, you can use an earlier period of time if you received a pay cut near the end of your career. 

Once you know your high-3 average salary, you can calculate your disability benefits in one of two different ways based on your age and years of service. 

If you are over 62 and have 20 or more years of service, your disability benefits equal 1.1% of your high-3 average salary multiplied by the number of years you worked.

If you are older than 62 with fewer than 20 years of service, or under 62, you will receive just 1.0% of your high-3 average salary multiplied by the number of years of service.

Two Examples for Calculating FERS Disability Benefits


Let’s look at a couple of examples to show you how this process works.

Example 1: Fred’s high-3 average salary is $100,000. He is 65 years old and has 35 years of federal service.

Therefore, he can use 1.1% of his high-3 average salary. 1.1% of $100,000 is $1,100. $1,100 times 35 equals $38,500. Therefore, Fred will receive $38,500 a year in FERS disability benefits.

Example 2: John’s high-3 average salary is also $100,000. He is 50 years old and has 20 years of service. Because of this, he can only use 1.0% of his high-3 average salary when calculating his disability benefits. 1.0% of $100,000 is $1,000. $1,000 multiplied by 20 equals $20,000.

Therefore, John will get $20,000 a year in FERS disability benefits.

One final note. If you are less than 62 years old, your FERS disability benefits get reduced by the amount of any social security benefits you receive during the first 12 months of your disability retirement. After 12 months, your disability benefits get reduced by 60% of any social security benefits you receive.

How Can I Apply for FERS Disability Benefits?

You must do several things to apply for FERS disability benefits. First, you must complete Standard Form (SF) 3107, titled “Application for Immediate Retirement.” You must also complete SF 3112, titled “Documentation In Support of Disability Retirement.“ Although completing these forms may sound daunting, the good news is that your employing
agency will help you complete them. Your employer can also provide you with advice on what to include in your application package. Finally, your employer will forward your completed application package to OPM, the federal agency responsible for processing disability retirement applications.

If you are less than 62 years old, you also need to show whether you have applied for social security disability benefits after you separate from federal service. You can learn more about applying for FERS disability benefits here.

What Do I Do If the Government Denies My Application for FERS Disability Benefits? 

Your best choice is to contact a qualified federal employment attorney. Federal employment attorneys can evaluate why the government denied your application for disability benefits.  They can also assess whether the government was right in denying your claim. Moreover, a federal employment attorney can protect your rights to disability by appealing your denial of benefits.

This blog is printed with permission.

About the Author: Aaron Wersing is the founder of The Law Office of Aaron D. Wersing, PLLC. His practice
focuses on assisting federal employees with a wide variety of litigation and transactional matters.


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Can a Federal Job Guarantee Unite the Left?

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As left-wing economic policy proposals go, a federal job guarantee has never quite reached prime time status, despite the fact that the underlying idea has been around since at least 1944, when President Franklin Roosevelt proposed it as part of his ?“Economic Bill of Rights.” Now, with Democrats in control of the federal government and as the nation tries to emerge from the economic devastation of the pandemic, a progressive coalition led by Rep. Ayanna Pressley (D?Mass.) is attempting to push a job guarantee into the political mainstream. 

Two weeks ago, Pressley introduced a resolution in Congress calling on the federal government to create a job guarantee program, run through the Labor Department, that would provide a job to anyone who wants one. (The fact that she introduced a resolution rather than a bill is a sign that this is just the beginning of a long process of building political support.) She frames the job guarantee as a powerful racial justice policy, citing the work of Sadie Alexander, the first black economics Ph.D. in America; of civil rights leader Bayard Rustin, who called for a job guarantee more than 50 years ago; and of Martin Luther King Jr. and Coretta Scott King, who both championed the idea. 

“The March on Washington has been, for most, just defined by the ?‘I Have a Dream’ speech. But it was a march for jobs and freedom,” Pressley said. ?“It’s time, if we’re really serious about a reckoning, that we enter into a third reconstruction to truly have a robust and just recovery from this pandemic, and a federal job guarantee should be a part of that. Economic justice is racial justice.” 

Pressley’s proposal would provide jobs paying at least $15 an hour, and offering standard benefits like health insurance and paid sick leave. She floats a number of examples of projects that could be accomplished by people employed in the program, including child and senior care, added school staffing, infrastructure and community projects, disaster relief, environmental sustainability work, and a revival of the WPA’s Depression-era public employment projects for artists and writers. While other grand economic reforms, like universal basic income, are often presented as replacements for our current structure of government benefits, Pressley is emphatic that the jobs guarantee would be purely an expansion?—??”a supplement to, not a substitute for”?—?our current social safety net and unemployment insurance. 

One alluring quality of a job guarantee is that it could fit snugly together with almost any other progressive priority. Its army of workers could improve public education and public healthcare. It could serve as the jobs program for Green New Deal projects. And given the correlation of poverty, unemployment and race in America, it would automatically have the effect of attacking the economic inequities that have only been exacerbated by the job losses and health impacts of coronavirus. 

“We just saw those very sobering jobs numbers come out. And they really prove the old adage: That when white America gets a cold, black folks get pneumonia,” Pressley said. ?“That is as literal as it is metaphorical. It’s true when it comes to Covid. It’s true when it comes to how our economy works.” 

A federal job guarantee would effectively serve to set the floor on the labor market?—?private employers would have to raise their pay and benefits to match or exceed those of the government in order to attract any employees. Seen in this light, it could be extremely attractive to labor unions: They would no longer have to fight to win anything less than what was provided by the government’s own jobs. 

“If you do a job guarantee correctly, and you build in certain requirements, you are setting a standard. It’s a little bit like having a minimum wage. You’ve got to lift the floor to raise the roof. You don’t want to have to be competing with the absolute lowest standard of work,” says Sara Nelson, the head of the Association of Flight Attendants and a vocal supporter of the policy. ?“What you legislate, you don’t have to negotiate.” 

Many unions spend time and effort fighting for diversity and against discrimination in the workplace, but Nelson points out that Pressley’s policy could stamp much of this discrimination in one fell swoop. ?“If you have an assumed rate of unemployment, that means you are not selecting people for certain jobs. And that gives room for discrimination,” Nelson says. A policy eliminating that accepted unemployment rate ?“doesn’t give any space for discrimination. It helps to close that racial and gender gap.” 

Nelson also points out that the federal job guarantee could be another way to achieve some of the provisions of the PRO Act—a bill that would radically improve America’s current labor laws and is a top priority of unions, but which is unlikely to pass in Congress unless the filibuster is done away with. The prospect of using a job guarantee to raise labor standards that have languished for decades could be an attractive incentive for organized labor to flock to the issue as its profile grows. 

As the public perception of what is ?“radical” continues to shift, it’s not unreasonable to imagine that a job guarantee could be the rare policy that naturally unites labor, environmentalists and racial justice activists all at once. Still, it will not advance in Washington without answering the inevitable ?“How will you pay for it?” question. The economist Darrick Hamilton estimated in 2015 that a federal job guarantee would have an all-in cost of around $50,000 per job?—?$750 billon to employ the 15 million unemployed at the peak of the Great Recession, though far less during normal years. That is a large number, but it is comparable to the U.S. defense budget, and less than half of the current coronavirus relief bill now making its way through Congress. 

Considering the far-reaching economic and social benefits that the elimination of unwanted unemployment would provide, that might be a bargain. And, as Pressley points out, the cost is a matter of perspective. ?“The reality,” she says, ?“is that we’re already paying for not having this policy.” 

This blog originally appeared at In These Times on March 3, 2021. Reprinted with permission.

About the Author: Hamilton Nolan is a labor reporter for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere.


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Overcoming Inequality in Unemployment Benefit Access and Utilization

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History may not repeat itself but it certainly rhymes. Today’s unemployed Black workers face a system of unequal state policies and practices that were created after the Civil War to maintain white supremacy and prevent Black Americans from obtaining wealth. These discriminatory policies drive enormous and persistent wage and wealth gaps, as well as the ongoing exclusion of Black workers from the benefits, rights, and protections we all deserve.

A reckoning is due.

Early in the pandemic, Working America — an organization that mobilizes working-class people to take action on pocketbook issues — partnered with policy experts at the National Employment Law Project, with the support of Open Society Foundations, to address a portion of this legacy: the unequal distribution of unemployment insurance (UI) benefits. Black workers are not only more likely to be unemployed during the pandemic but much less likely to receive UI. Law, policy, and practice may be the problems, but the solution begins with mobilization. 

Money Changes Everything

It’s no secret that the United States has a history of exploiting Black workers. But the extent to which one can draw a direct line between the current unemployment crisis and the history of enslavement is staggering. Throughout America’s history, Black Americans, especially in rural communities, have been subjected to discriminatory laws and policies aimed at keeping them from achieving economic parity with white workers.

Unemployment insurance is a good example. The program was designed so that not all workers would be eligible for benefits — including lower-paid workers, workers with short periods of employment, seasonal workers, and workers in industries that tend to be more highly populated by people of color, such as domestic and agricultural work. As a result, many Black workers don’t expect to be eligible for benefits and, therefore, never apply. Why apply just to be denied? 

The lowest UI benefit levels are in southern states with large Black populations. In states such as North Carolina and Florida, for example, fewer than 12 percent of jobless individuals received unemployment benefits last year. When workers in many southern states do get UI, the benefits are so low that they would barely cover the essentials. The maximum weekly benefit in Florida and Tennessee is $275; in Alabama, it’s $265; in Arizona, it’s $240; and in Mississippi, it’s $235. 

Black workers are far less likely to receive UI even when they apply for benefits. In a survey our organizations conducted in July, a majority of Black workers responded that they had exhausted their savings; nearly two-thirds admitted that they were now going without necessities. In comparison, only one in four white workers said they had exhausted their savings and only one in five admitted to skipping necessities.

A major reason for this disparity was workers’ ability to access UI. An analysis by Nyanya Browne and William Spriggs of Howard University and the AFL-CIO found that, “Just 13 percent of Black people out of work from April to June received unemployment benefits, compared with 24 percent of white workers, 22 percent of Latinx workers and 18 percent of workers of other races.” What’s more, 30 percent of Black adults who filed for unemployment benefits did not receive their payments. 

The difficulties people of color — and Black people in particular — have in accessing UI are systemic and ongoing. It isn’t only that most UI systems create barriers to access, including insufficient staffing, outdated web systems, and lack of adequate explainers for claimants. Individuals with uncommon or ethnic names were more likely to be denied benefits they were entitled to. This is not a function of law or policy but of individual people practicing discriminatory conduct. This practice robs individuals and their families of the meager economic safety net our society provides, putting them at a disadvantage that is hard to recover from. That is a lot of historical rhyming.

Changing the UI Experience

Working America and NELP partnered on this project to understand the problems with UI access and utilization for Black workers, use our available toolset to mitigate harm, and assist eligible workers in enrolling in UI. For this project, Working America is leveraging its digital organizing capacity and clinical testing know-how to boost UI utilization rates among Black workers using targeted text messages, email, and phone calls that can reach three million people a week.

Listening is the key to all good organizing, so we began our project by reaching out to 14,531 workers. Our goal was to document their experiences with the unemployment system, their attitudes toward the system, and their knowledge of the application process.

A full 53 percent of people told us that they or someone in their households had lost a job as a result of the pandemic. That number rose to 68 percent when we asked them about their friends.

Ayana, a 46-year-old Westland, Michigan, resident working in health care, said, â€œMy friends, neighbors, and family members all have had to apply to UI … They all had technical difficulties [when applying]. It seemed like no one could ever talk to a live person.”

Keshia, a 44-year-old Greensboro, North Carolina, resident who works in human resources, said, â€œMy sister lost her job in the medical field. She had to wake up very, very early, like 3:00 a.m., in order to apply through the online portal. Otherwise, it would be so slow it wouldn’t work. She was denied because there was some discrepancy with her name and had to keep going back and forth, but she eventually got it.”

Through conversations like these, we diagnosed several problems.

First, there was a clear geographic disparity. In southern states, problems were borne of deliberate policy choices that continue the long legacy of structural racism, including restrictive eligibility and low benefit levels. In addition, those living in rural counties faced greater difficulty accessing benefits than those living in urban areas. Even with Working America’s help, unemployed Black Americans in rural communities waited seven-to-eight days longer than unemployed white and Latinx Americans to receive benefits. 

Second, most people we spoke to were not aware of program eligibility rules and benefits. This was one of the primary reasons that they did not apply for benefits. Further, many saw their hours reduced rather than being laid off; these workers were often unaware that they were eligible for unemployment benefits.

In addition to these informal conversations, our large-scale survey of 14,135 workers found alarming but unsurprising conditions. Black and brown workers were the least likely to have savings, the most likely to have lost wages during the pandemic, and the most likely to be unable to pay for essentials such as groceries, medications, and rent. Across the board, there was little knowledge about the unemployment program’s eligibility criteria or benefit amounts, confirming what we heard in our informal conversations. 

There is reason to hope, however. A majority of people we talked with were willing to take action to help their friends and family access benefits. 

Our organizers provided Ayana, Keshia, and other similarly situated “peer organizers” with information about unemployment eligibility and how to access benefits in their state. We also followed up to make sure members of their communities were accessing benefits. 

We’ve been in back-and-forth communication with almost 7,540 Black workers who are sharing information about UI in their networks. By constantly testing our outreach through randomized control trials and making adjustments based on the evidence of what works, we are finding agents of change in the community. 

One UI recipient in Pennsylvania told us, “We’re never going to get out of this mess here in Philadelphia unless we start treating Blacks like everyone else … I can tell you care, and it sounds like you’ve been helping people here, so I’m going to share your stuff because I know a lot of people that sure can use it, and you’re right, I already know a few that might get evicted.” 

Another Pennsylvania resident told us he works as a manager for a construction company that had to lay off a lot of workers. He wanted information so he could help his employees file for unemployment benefits. Yet another man told us he was a landlord, and while he didn’t need help applying for benefits, he was interested in helping his unemployed tenants get the benefits they needed to stay afloat. 

Turning Enthusiasm into Action

We know we need to scale up this program to reach more affected workers. Our goal is to build an organizing formula that measurably increases the application and filing rates — and ultimately the level of income — in these communities.

Working with the Labor Lab at Columbia University, we are implementing randomized control trials to assess the effectiveness of campaign strategies in increasing awareness of unemployment benefits and action on UI claims in Black communities. We are focusing our efforts on the 42 counties across the country with the highest concentration of Black workers. In half the counties, we’ll saturate residents with calls, digital contacts, and grasstops organizing techniques. We will then track the change in claims at the county level to get hard data on the impact of our work.

We found that there is a lot of misinformation about unemployment benefits, so we developed quiz-style engagement actions. For example: “True or false? If you were out of work but found a new job, you can still get unemployment benefits for the time you were out of work.” These types of actions tend to have greater engagement.

In phone conversations, we have found that people are much less likely to agree to help with unemployment outreach if they have not been personally impacted by the unemployment crisis. However, upon learning that only one in four eligible Black workers applies for benefits, many wonder if people they know might be missing out. Overall, 70 percent of these people agreed to help others apply for unemployment benefits.

Our next step is to follow up with these peer organizers who have been sharing UI information in their communities to connect them with fellow activists, skilled organizers, and resources to help them become more effective at reaching those who need it most. By talking directly to workers and members of the community, we are able to help them navigate the complexities of accessing regular and expanded unemployment insurance benefits. By recruiting them as community organizers, we’re creating a movement that will help many more families who have lost wages gain financial ground.

Fixing Broken Policies

At the grasstops level, Working America and NELP are collaborating with other organizations to advocate for short- and long-term policy solutions to the unemployment crisis.

In the short term, we must meet the immediate needs of unemployed and underemployed workers. Congress must not only reinstate the $600 Federal Pandemic Unemployment Compensation (FPUC) benefit and other CARES Act provisions but also provide funding to state and local governments, ensure paid sick leave and child care for all working people, and deliver relief for workers ineligible for unemployment payments. USDOL’s Employment and Training Administration (ETA) must also make it clear that suitable work does not include unsafe work; if employers have not taken the minimum precautions set forth by the Centers for Disease Control and Prevention’s COVID-19 workplace guidelines, workers who quit their jobs should be eligible for unemployment benefits.

In the long term, Congress should consider federalizing UI â€” to operate similarly to Social Security — in order to address the wide disparity across states and populations. We should have permanent levers to automatically extend benefits during a recession, make worksharing available in every state, and provide dependent allowances for people who have children. Workers who are fleeing domestic violence, following a spouse whose job has moved, or leaving a job that jeopardizes their health and safety should be able to receive UI. And we should make sure that all workers, including those with erratic or part-time schedules and those whose job categories are currently excluded, are eligible to receive meaningful UI benefits. Finally, UI information technology (IT) systems must be easier for claimants to access. Individual states can take steps now to immediately address problems.

Ground-Up Systemic Change 

Many smart organizations and people have tried to increase UI access over the years, and a lot of work has gone into improving actualization of similar programs, such as Medicaid, EITC, and SNAP. What all these programs have in common is that they can change the dynamics of personal wealth and give working people what they need to gain some stability. We aren’t the first to tackle this issue, and we won’t be the last. 

The real power of this organizing project is the movement we’re creating to fix this rigged political economy and fight for the policy changes we desperately need. By arming people with the information they need to navigate the systems that have failed them for centuries, we can begin to break down some of the barriers that have kept wealth out of the hands of Black people. The key, we believe, is organizing communities not only to demand change of their elected officials but to make change themselves.

This blog originally appeared at The Forge on October 19, 2020. Reprinted with permission.

About the Author: Matt Morrison is the executive director of Working America, a three-million-member labor organization mobilizing working people who don’t have the benefit of a union at their jobs. He is a leading political practitioner with experience working in over 500 elections throughout his career.

Rebecca Dixon is executive director of the National Employment Law Project (NELP). NELP is a respected leader in federal workers’ rights advocacy and the go-to resource for state and local worker movements, providing unmatched policy, legal, and technical assistance.


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Bloomberg aides cut loose despite yearlong employment promise

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Mike Bloomberg’s shuttered presidential campaign is dismissing staffers across the country and inviting them to reapply for jobs on his new independent committee — despite extending guarantees of being paid through the November election when they were hired.

The consolation prize: They get to keep their Bloomberg-issued iPhones and MacBooks.

Multiple Bloomberg aides told POLITICO they participated in termination calls with the campaign on Monday. Some of them complained after the calls that they were originally told they would be paid by Bloomberg though the November general election regardless of whether he remained in the race. Most staffers will receive their last paycheck on March 31, sources said.

After a poor showing on Super Tuesday, Bloomberg dropped out and endorsed Joe Biden. The former New York mayor is now underwriting an outside effort to help Democrats defeat President Donald Trump.

Hiring materials from Bloomberg headquarters shared with POLITICO stated that regardless of what happened, field organizers could expect to have a job with “Team Bloomberg” through November, though it didn’t promise interviewees where they would be based. It outlined that organizers would be paid $6,000 a month, plus a $5,000 relocation stipend and full health, dental and vision benefits.

“Employment through November 2020 with Team Bloomberg (location not guaranteed),” the document stated.

The Bloomberg campaign has said it plans to remain active in six battleground states and could give priority to the aides still on payroll. But it’s unclear how many positions the new independent expenditure will have.

A Bloomberg spokesperson said it was always the campaign’s intention to keep its staffers employed in the six battleground states where the pro-Biden effort will be carried out: Arizona, Florida, North Carolina, Pennsylvania, Wisconsin and Michigan.

“As we’ve said over the course of the campaign, this election will come down to six battleground states,” the spokesperson said. “It’s imperative that we invest there with staff and infrastructure. Staff who were working in non-battleground states and would like to learn about future opportunities in the battleground states are being asked to let us know so we can consider them for jobs there.”

One Bloomberg campaign source said aides in those states have been asked to submit their personal plans through the general electionto Bloomberg’s team.

The outside effort has not been given an official name, and the billionaire has not released how much he intends to spend on it, though he had previously said he would shell out up to $1 billion of his more than $60 billion personal wealth on his own election. (As of his Jan. 31 filing, the most recent available, he had spent nearly $500 million on his campaign.)

Bloomberg has said he would assist any Democrat in defeating Trump, though Bernie Sanders has said he would not accept Bloomberg’s money. (Because “independent expenditures” cannot be coordinated with any campaign, he wouldn’t have much say in the matter, anyway.) The new campaign apparatus will also fund down-ballot Democrats in key House and Senate races, an aide said.

It will work alongside Hawkfish, a digital company that Bloomberg set up last spring to work for Democrats in races across the country. Hawkfish operated in tandem with the Bloomberg campaign but maintained a separate corporate structure.

Federal rules require Bloomberg designate a new vehicle to fund Democratic efforts and pay staffers. Three aides who were on different calls with the campaign said those possible jobs with the outside group were not presented as being guaranteed.

Said a staffer, “I think they are using the FEC regulations as an excuse to lay off a bunch of people” because they have to set up a new entity.

After hearing from the campaign Monday, a Bloomberg field organizer sent a mass email to other staffers that was obtained by POLITICO, also saying they expected to be paid though the general election.

“If you were told the same thing, please contact me at my personal email,” the aide wrote.

“I didn’t think I was going to have to apply for a job,” a different Bloomberg aide told POLITICO. “It was presented as being automatic. Field organizers were told during interviews that they had a guaranteed job through November.”

But, the aide added, “I don’t know if I want a job with Bloomberg, anyway. There are going to be so many opportunities — everything under the sun will be guns blazing to take out Trump. And I’m not sure what Bloomberg’s contribution is going to be to that fight.”

This article was originally published at Politico on March 9, 2020. Reprinted with permission. 

About the Author: Sally Goldenberg is City Hall bureau chief for POLITICO New York. She joined the team in October 2013 to cover New York City Mayor Bill de Blasio’s administration, with a focus on budget and labor contracts. She also spent three years covering the city’s housing and economic development agenda.

Previously, Sally covered the New York City Council and former Mayor Michael Bloomberg’s administration for the New York Post. She also reported for the Staten Island Advance (July 2005 to May 2008), and covered municipal government for the New Jersey Star-Ledger (December 2002 to June 2005) and the Hillsborough Beacon (June through December 2002).

A native of Elizabeth, New Jersey, Sally now lives in Brooklyn. She has a bachelor’s degree in Journalism from Rutgers University.

About the Author: Christopher Cadelago is a National Political Reporter.


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With Shutdown Over, OPM provides Guidance on Back Pay for Federal Employees

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In late January, federal employees across the country returned to work for the first time in over a month.  In an effort to provide retroactive pay as quickly as possible, The U.S. Office of Personnel Management (OPM) has issued guidance to federal agencies impacted by the shutdown to explain how their employees should receive back pay and other benefits.

Back Pay

Employees who were furloughed will receive back pay at their standard rate of pay for the time that they would have been in a regular pay status if the shutdown had never occurred. This includes overtime pay, night pay or other premium pay (e.g. LEAP, holiday pay, etc.) that the employee would have received.

However, if an employee was scheduled to be in a non-pay status during the shutdown, including Leave Without Pay (LWOP) or serving a suspension, then the employee is not eligible for backpay during that period, including holidays.

For excepted employees who were required to work without pay during the shutdown, they will receive their regular pay for the hours they actually worked, including any overtime or other premium pay. Conversely, if the employee did not show up for work and did not request leave, they will be marked absent without leave (AWOL) and will not receive back pay.

For any employees who received unemployment payments during the shutdown, the state involved will receive notice of the back-pay amount and then make a determination as to what repayment is required.

Leave

Furloughed employees cannot be charged paid leave or other paid time off during the shutdown, even if they had prescheduled paid leave. On the other hand, excepted employees may be charged leave – and compensated for it through back pay – for periods during the furlough where they used paid leave in lieu of reporting to work.

Many employees were planning to take “use or lose” annual leave but were furloughed before they could do so. According to OPM, agencies must restore any annual leave that was scheduled in writing prior to November 24, 2018. Note that restoration of leave will not apply to scheduled leave for December 24, which was declared a federal holiday in 2018, unless the employee can show they would have rescheduled the leave for another day. Restoration also does not apply to leave that had previously been restored. In those instances, the leave is lost for good.

Similarly, employees who were unable to use compensatory time off in lieu of overtime pay due to the shutdown will be paid for such time. Compensatory time off for travel that was forfeited can be restored and extended for another 26 pay periods.

In regard to accruing leave during the shutdown, all employees receiving back pay are considered in a pay status for that period and will also accrue leave at normal rates.

FMLA

The Family Medical Leave Act (FMLA) provides unpaid leave for up to 12 weeks but employees are permitted to substitute paid leave during this time to continue receiving pay.  For employees that were on FMLA during the shutdown, back pay will be dependent on whether the employee was scheduled to substitute paid leave. If the employee had planned to use paid leave during their FMLA leave period, these employees will not only receive back pay but they will also not be charged any leave. However, employees scheduled to be in a non-pay status (i.e. FMLA LWOP), will not receive back pay. For all employees using FMLA leave, the shutdown period will still count toward their 12 weeks of protected leave.

Benefits & Retirement

Employees are also entitled to retroactive benefits. Deductions will be taken out of the back-pay checks to cover employee contributions to health and retirement plans. Loan payments to Thrift Savings Plans (TSP) will also be made.

For those employees who requested to retire during the shutdown, the retirement will be made effective retroactively to the date requested and no back pay will be received after that date.

It isn’t yet clear when agencies will begin making these retroactive payments. If you believe the agency has incorrectly calculated your back pay or you have been improperly denied any benefits as a result of the shutdown, you should contact an experienced federal employment attorney to determine what options you have to protect your rights.

About the Author: Alan Lescht has been successfully litigating employment discrimination, civil rights, and commercial litigation cases for more than 30 years and has won dozens of notable trials. He is the founding partner of Alan Lescht and Associates, PC, where he oversees the firm’s employment litigation and counseling practices.


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First Women Graduate from Fort Campbell Welding Program

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Kenneth QuinnellOne of the great benefits of joining the military is the opportunity to learn skills that benefit a soldier after their service is completed. Some soldiers, such as Specialist Tanya Preddy and Sergeant Alyssa Tamayo, prepare for careers that provide good jobs while breaking ground at the same time. Preddy and Tamayo just became the first women to graduate Fort Campbell’s Veterans in Piping program in Kentucky. Veterans in Piping is a program of the United Association (UA).

Preddy said: “I was pretty excited going into this, to be honest, because I mean, who wouldn’t be excited about making stuff with fire,” she joked. “That’s awesome to me. I’d never welded before this class, ever. I just thought it would be really cool and fun.”

“I think the guys were surprised to see us [in the classroom],” Tamayo added. “A lot of people think welding is just for men and with us being the first two females at Fort Campbell ever, in the back of my mind I was thinking ‘I have to beat everybody in here.’ I just felt like I had to be perfect.”

Read the full story.

This blog originally appeared in aflcio.org on June 4, 2016. Reprinted with permission.

Kenneth Quinnell is a long time blogger, campaign staffer, and political activist.  Prior to joining AFL-CIO in 2012, he worked as a labor reporter for the blog Crooks and Liars.  He was the past Communications Director for Darcy Burner and New Media Director for Kendrick Meek.  He has over ten years as a college instructor teaching political science and American history.


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