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Bosses are stealing billions from their workers’ paychecks, but it’s not treated like a crime

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 Here’s a kind of theft almost no one goes to prison for. When an employer doesn’t pay workers the money they’ve earned, it has the same effect as if they got paid and then walked out on the street and had their pockets picked. But somehow wage theft—not paying workers the minimum wage for the hours they’ve worked, stealing tips, not paying overtime, and other ways of not paying workers what they’ve earned—doesn’t get treated as the crime it truly is. It has a huge impact, though, as a new study from the Economic Policy Institute shows. The EPI looked at just one form of wage theft: paying below minimum wage. Just that one type of violation steals billions of dollars out of workers’ paychecks:
  • In the 10 most populous states in the country, each year 2.4 million workers covered by state or federal minimum wage laws report being paid less than the applicable minimum wage in their state—approximately 17 percent of the eligible low-wage workforce.
  • The total underpayment of wages to these workers amounts to over $8 billion annually. If the findings for these states are representative for the rest of the country, they suggest that the total wages stolen from workers due to minimum wage violations exceeds $15 billion each year.
  • Workers suffering minimum wage violations are underpaid an average of $64 per week, nearly one-quarter of their weekly earnings. This means that a victim who works year-round is losing, on average, $3,300 per year and receiving only $10,500 in annual wages. […]
  • In the 10 most populous states, workers are most likely to be paid less than the minimum wage in Florida (7.3 percent), Ohio (5.5 percent), and New York (5.0 percent). However, the severity of underpayment is the worst in Pennsylvania and Texas, where the average victim of a minimum wage violation is cheated out of over 30 percent of earned pay.

Young workers, women, immigrants, and people of color are disproportionately affected because they’re overrepresented in low-wage jobs to begin with. This wage theft is keeping people in poverty—the poverty rate among workers paid less than the minimum wage in this study was 21 percent, and would have dropped to 15 percent if they’d been paid minimum wage. If their bosses had followed the law, in other words.

The wage thieves rarely face penalties for stealing, and when they do:

Employers found to have illegally underpaid an employee are usually required only to pay back a portion of the stolen wages—not even the full amount owed, much less a penalty for violating the law.

The law basically gives employers permission to steal from workers, in other words. And it sure won’t be getting better under Donald Trump.

This blog originally appeared at DailyKos.com on May 12, 2017. Reprinted with permission. 

About the Author: Laura Clawson has been a Daily Kos contributing editor since December 2006 and labor editor since 2011.


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

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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.


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Thanks, Obama. Millions More Workers To Get Overtime Pay.

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LauraClawsonIt’s been in the works for months, but on Wednesday it becomes official: The Obama administration is making millions of workers eligible for overtime pay if they work more than 40 hours a week. Currently, only workers making salaries of less than $23,660 a year—$455 a week—automatically get overtime pay when they work extra hours. Effective December 1, that number will double to $47,476, which is less than the “about $50,400” the president announced last summer, but still enough to directly cover an additional 4.2 million workers.

On a call with reporters Tuesday, Labor Secretary Tom Perez said the reform was meant to address “both underpay and overwork.”

“The overtime rule is about making sure middle-class jobs pay middle-class wages,” Perez said. “Some will see more money in their pockets … Some will get more time with their family … and everybody will receive clarity on where they stand, so that they can stand up for their rights.”

In addition to the 4.2 million workers who will automatically become eligible for overtime pay, more than eight million more are expected to get overtime because their employers will no longer be able to dodge the rules by calling them managers even though little of their work is managerial.

That includes workers like one cited in Obama’s email announcing the change:

As an assistant manager at a sandwich shop, Elizabeth sometimes worked as many as 70 hours a week, without a dime of overtime pay. So Elizabeth wrote to me to say how hard it is to build a bright future for her son.

It’s a shame the Obama administration didn’t stick with a new threshold of more than $50,000, but doubling the existing, pitifully low threshold and updating it every three years, as is included in the new rule, is a major advance for millions of workers. And as always, it’s a reminder that a Democratic president who’s prepared to use every aspect of government can do a lot, even with a Republican Congress blocking so much.

This blog originally appeared at DailyKOS.com on May 18, 2016. Reprinted with permission. 

Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011.


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Papa John’s stores to pay $500,000 wage theft settlement

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LauraClawsonNew York Attorney General Eric Schneiderman keeps cracking down on wage theft, and around 250 workers will be sharing in a nearly $500,000 settlement from four current and former Papa John’s franchisees.

“Once again, we’ve found Papa John’s franchises in New York that are ripping off their workers and violating critical state and federal laws,” New York Attorney General Eric Schneiderman said in a statement. “Once again, I call on Papa John’s and other fast food companies to step up and stop the widespread lawlessness plaguing your businesses and harming the workers who make and deliver your food.”

Though it often isn’t treated this way, it actually is illegal to fail to pay minimum wage or overtime, to make people work off the clock, to force workers being paid at the tipped worker subminimum wage to do non-tipped work, and a disturbing list of other ways businesses have found to keep money that workers have earned. And about that “once again”:

In July, the attorney general’s office arrested Abdul Jamil Khokhar, owner of nine Papa John’s stores in New York, accusing him of breaking minimum wage and overtime laws. According to his plea agreement, Khokhar could serve up to 60 days in jail. In another case, the attorney general’s office secured a judgment of nearly $3 million against two other Papa John’s franchisees.

So while the workers were technically employed by—and cheated by—the franchisees, at a certain point you see a pattern and start to think maybe the parent company has something to do with it. That’s one of the reasons the National Labor Relations Board pushed to treat some fast food chains as joint employers responsible for working conditions in franchise restaurants.

In 2013, a report from Fast Food Forward found 84 percent of New York City fast food workers reporting that they’d been victims of wage theft. Fully 100 percent of fast food delivery workers said the same. Schneiderman’s efforts to crack down have also led to settlements at franchises of other chains, including Domino’s and McDonald’s.

This blog was originally posted on Daily Kos on October 17, 2015. Reprinted with permission.

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


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NPR Does Mind-Reading on Overtime Rule

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Image: Dean BakerNPR had a bizarre piece on the Labor Department’s new overtime rules which seemed intended to undermine support for them. These rules would increase from $23,660 to $50,440, the floor under which salaried workers would automatically qualify for overtime regardless of their work responsibilities.

While the piece does present the views on the new rules of Vicki Shabo, the vice-president of the National Partnership for Women and Families, the bulk of the piece is devoted to presenting the views of employers. No workers who will be affected by this rule were interviewed.

The discussion of the employers’ perspective begins with this little exercise in mind reading:

“But employers do not believe it would be a windfall for workers. They say they will be forced to cut costs in other ways if the proposed rules take effect as written — and that workers may not like those changes.”

Of course NPR reporters don’t know what employers “believe,” they know what they say. And it is understandable that they would tell a reporter that they don’t like the rules because they hurt workers, as opposed to the possibility that the new rules may hurt profits or force a cut in their own pay. Remarkably, two of the three employers whose views are presented in this piece work at non-profits, even though the vast majority of the workers affected are employed by for profit businesses.

The first employer is at the Michigan Health and Hospital Association which reportedly employs 107 workers.

“‘It only takes one bus accident, or one fire or something like the Ebola crisis,’ says Nancy McKeague, chief of human resources.

“She says her nonprofit can’t afford overtime, but it also can’t forgo having people work as needed.”

In effect, Ms. McKeague is saying that she is not paying workers for the time they work in an emergency, forcing them to work for free under such circumstances. This would be like having a lease with a landlord where the rent would be cut in half in the event of one bus accident or one fire or something like the Ebola crisis. No one would expect a landlord to agree to such a lease, but apparently Ms. McKeague believes that her workers should accept this sort of labor contract.

The piece also wrongly asserts:

“The rules will also require her to review tasks associated with every job to see whether the position qualifies for overtime.”

In fact, the opposite is true. She should have already been reviewing the tasks associated with every job to see whether the position qualifies for overtime. She apparently assumed that the positions in question did not qualify for overtime, but this actually requires an assessment of job duties to determine whether workers have enough supervisory responsibilities to be exempt from overtime requirements. Under the new rules no such review is necessary, if they earn less than the pay cutoff, workers qualify for overtime regardless of what tasks they perform.

Next we get Cecilia Boudreaux, the human resources director for the Regina Coeli Child Development Center, a Head Start program in Robert, La.The piece tells us:

“Under the new rules, Boudreaux says, 26 of her 35 salaried employees would qualify for overtime pay, in the event of a building emergency or if a parent is late for pickup. But increasing salaries would cost at least $74,000 extra a year — meaning she’d have to cut costs elsewhere.”

Actually, nothing about the new rules requires Ms. Boudreaux to increase salaries by a dime. She can simply rewrite contracts so that workers have a lower normal pay rate. Then if they work a normal amount of overtime they would end up with the same pay as they get now. If they work less than normal, they would get paid less and if they work more than normal they would get paid more. There is no reason that the change in rules would necessarily add to the center’s cost, it just removes the risk for workers that they would be forced to work unpaid overtime or risk losing their job.

Then we hear from Tony Murray, HR director for Diamond B Construction. According to the piece, Murray says many workers would consider going from salaried to hourly a demotion.

“‘”When I was younger, all I [wanted] to do was get to a salaried position just simply because you knew what was going to be coming in each week and you did have the flexibility,” he says, including the ability to go to soccer tournaments or work late to make up for doctor’s appointments. Murray says under the new rules, those converted back to hourly status wouldn’t be able to do that.

“‘Millennials take into account more than anything workplace flexibility,’ he says. ‘And of course who do you think is in that entry-level management … millennials more than anything.’”

It might have been helpful to talk to some of Mr. Murray’s workers to see if his assessment of their view of the new overtime rules is correct.

This blog originally appeared on CEPRE.net on September 15, 2014. Reprinted with permission. 

About the Author: Dean Baker is an American economist whose books have been published by the University of Chicago Press, MIT Press, and Cambridge University Press. 


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Changes to Overtime Rules Getting Closer: Act Now!

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erik idoniRecently, the Department of Labor proposed a rule to bring overtime up-to-date. If the proposal goes into effect, an additional 5 million white-collar workers are expected to benefit from overtime. The Department of Labor wants to hear your voice on this proposal and until this Friday, September 4, 2015, they are taking comments on the proposed rule.

Whether a worker receives overtime or not is determined by a three-part test. Under this test, the employee does not receive overtime when:

  1. they are paid a fixed salary;
  2. their salary is at least $455 a week (which equates to $23,660 a year); and
  3. their job primarily involves executive, administrative, or professional duties.

Furthermore, there are exemptions for highly compensated employees who regularly perform executive, administrative, or professional duties and make at least $100,000 a year, including at least $455 a week via salary or fees.

The Department of Labor’s proposal would focus on the salary aspect of the three-part test. Instead of a stagnant number, the salary standard would be set at the 40th percentile of weekly earnings for full-time salaried workers, which is expected to be about $970 a week, $50,440 a year, in 2016. For highly compensated employees, the standard would be set at the 90th percentile, expected to be $122,148 annually.

This proposal would be a drastic change, but a necessary one. The salary threshold has only been updated twice in the last 40 years. As a result, only 8% of full-time salaried workers fall under the threshold. This is a stark contrast from 1975 when 62% of full-time salaried workers fell below the threshold. Under the Department of Labor’s proposal, of the five million new workers expected to qualify for overtime, 53% of them would have college degrees and 56% would be women.

These days, the few that do fall under the salary threshold for overtime likely fall under another threshold, the poverty line. The poverty line for a family of four is $24,008 a year, or $348 more than the overtime threshold. This means that, a worker making $460 a week could work 50 hours every week, receive no overtime pay, and be below the poverty line.

The Department of Labor’s proposal can still change and they want to hear from you on a wide variety of issues. The agency wants your opinion on the proposal to use the 40th and 90th percentiles, or switch to using changes in inflation to determine the salary threshold. They want to know whether the three-part test is working. First and foremost, they want to know what overtime pay would mean to you and your family.

Make your voice heard and make it clear that this is an important issue that has been ignored for far too long. Share your ideas on the proposal here and your story here. You only have until Friday, but please, don’t make the comments too long they would have to work overtime to read them all, and chances are they don’t get paid for that.

 

About the Author: The author’s name is Erik Idoni. Erik Idoni is a student at the George Mason University School of Law and an intern at Workplace Fairness.


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Federal Judge: Home Care Workers Entitled to Minimum Wage and Overtime

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Kenneth QuinnellIn a unanimous decision, a federal appeals court reversed a district court and ruled that the U.S. Department of Labor was within its authority to issue a rule change meant to provide home care workers with a minimum wage and overtime protections. The case is now remanded to the district court.

In 2013, the Labor Department announced rule changes under the Fair Labor Standards Act (FLSA) that would guarantee that workers who care for the elderly and people with disabilities in their homes would have the same labor protections as other workers. But U.S. District Judge Richard Leon halted the change saying that Labor didn’t have the authority to make the rule change. On appeal, the higher court disagreed. U.S. Circuit Judge Sri Srinivasan wrote for the court: “The Department’s decision to extend the FLSA’s protections to those employees is grounded in a reasonable interpretation of the statute and is neither arbitrary nor capricious.”

Christine L. Owens, executive director of the National Employment Law Project, said she assumes that Labor now has the authority to implement the changes: “States would be well advised, and employers would be well advised, to take this decision as final and begin acting.”

As Think Progress reports:

This workforce, which is 90 percent female and half people of color, hasn’t been eligible for minimum wage or overtime pay since 1974, when they fell under the companionship exemption given the idea that they merely provided company to their clients. So while their average wages come to $9.61 an hournearly a third of those surveyed in New York City made less than $15,000 a year and nearly 40 percent of the entire workforce has to rely on public benefits to get by….

Home care workers are in a huge and rapidly expanding industry. Nearly 2.5 million people are employed in this line of work, making it one of the largest occupations, and the number of jobs is expected to grow 70 percent by 2020. Even so, demand is expected to outpace supply over the next decade as the country ages, something that could be eased with higher pay and benefits.

This post originally appeared in AFL-CIO on August 26, 2015. Reprinted with permission.

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist.  Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.  Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History.  His writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.


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Workers Sue Walmart For Manipulating Employee Classification To Deny Them Overtime Pay

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Bryce CovertWalmart is facing a potential class action lawsuit over alleged wage theft in Alameda County Superior Court from an employee who claims the company illegally denied managers overtime pay.

Bonnie Cardoza, who worked at the company as an assistant manager for about five years, says she and other assistant mangers were made to do the same tasks as hourly workers for more than eight hours a day. The extra duties included greeting customers, operating checkout areas, and taking inventory.

But because they are labeled managers, they are exempt from federal overtime laws that require employers to pay workers time and a half for more than 40 hours of work a week. The lawsuit alleges that they “were ‘managers’ in name only because they did not have the managerial duties or authority,” but that Walmart purposefully classified them as managers to avoid overtime pay and cut costs. The suit claims they should have been paid that extra wage for more than eight hours of work a day.

The lawsuit also says the company deprived Cardoza and other assistant managers of rest and meal breaks.

She is suing for back wages to make up for the lack of overtime pay and compensation for the missed breaks on behalf of any Walmart assistant manager who has worked there since January 2011, although her lawyers say it’s too early to know whether it will achieve class action status.

In response, a Walmart spokesperson said, “It is our policy to pay associates according to federal and state laws. We take this matter seriously. We are investigating the allegations and will respond appropriately with the court.”

It’s not the first time the company has been accused of denying its workers pay. At the end of last year, the company was ordered by the Pennsylvania Supreme Court to pay $151 million in back wages to 187,000 current and former employees who accused it of making them work off the clock during their breaks.

A big Walmart supplier also had to pay out over wage theft in 2013 over allegations that it forced workers to forgo meal breaks. While Walmart doesn’t own the operations, it effectively runs facilities for the company and the company has been accused of squeezing its suppliers so hard that they have to crack down on labor costs.

Wage theft is rampant beyond Walmart, however. In 2012, nearly $1 billion was recovered in back wages for the victims of wage theft, but even that undercounts the breadth of the problem since most workers don’t report the problem. It’s estimated that employers deny workers $50 billion that they’re owed every year by making them work off the clock, shave hours off of their paychecks, pay for work-related expenses out of their own paychecks, or other practices that dock wages. That figure dwarfs the $14 billion taken from all victims of robberies, burglaries, larcenies, and car thefts together.

The problem is particularly rampant in fast food, where recent suits have been filed against TGI Friday’s, McDonald’s, Subway, and Chipotle.

The issue of overtime misclassification has also gotten attention recently. Last year, President Obama issued an executive order that would update overtime laws so that fewer employees could be classified as managers and therefore exempted from time and a half. It would also raise the salary cutoff for getting overtime pay, which currently means anyone who makes more than $23,660 is exempt, a threshold that hasn’t been significantly updated since 1975. These changes could also aid employees like Cardoza, who would likely qualify for overtime pay even if they are assistant managers.

This article originally appeared in thinkprogress.org on April 10, 2015. Reprinted with permission.

About the Author: Bryce Covert is the Economic Policy Editor for ThinkProgress. She was previously editor of the Roosevelt Institute’s Next New Deal blog and a senior communications officer. She is also a contributor for The Nation and was previously a contributor for ForbesWoman. Her writing has appeared on The New York Times, The New York Daily News, The Nation, The Atlantic, The American Prospect, and others. She is also a board member of WAM!NYC, the New York Chapter of Women, Action & the Media.


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Tinder on Fire: How Women in Tech are Still Losing

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  A “whore,” “gold-digger,” “desperate loser,” and “just a bad girl.”  These are only a handful of the sexist comments that Whitney Wolfe, co-founder of the mobile dating app Tinder, alleges she was subjected to by chief marketing officer Justin Mateen.  Last month, Wolfe brought suit against Tinder for sex discrimination and harassment.  Wolfe’s legal complaint details how Mateen sent outrageously inappropriate text messages to her and threatened her job, and how Tinder CEO Sean Rad ignored her when she complained about Mateen’s abuse.  Wolfe claims that Mateen and Rad took away her co-founder designation because having a 24-year-old “girl” as a co-founder “makes the company look like a joke” and being a female co-founder was “sluty.”

The conduct, which Wolfe’s complaint characterizes as “the worst of the misogynist, alpha-male stereotype too often associated with technology startups,” unfortunately remains the norm, and Wolfe is not alone in her experience.  Last year, tech consultant Adria Richards was fired after she tweeted and blogged about offensive sexual jokes made by two men at a tech conference.  After one of the men was fired from his job, Richards experienced horrendous Internet backlash, including rape and death threats.  She was then fired by Sendgrid after an anonymous group hacked into the company’s system in some twisted attempt at vigilante “justice.”

In 2012, junior partner Ellen Pao filed a sexual harassment suits against a venture capital firm, alleging retaliation after refusing another partner’s sexual advances.  And back in 2010, Anita Sarkeesian was the target of online harassment after she launched a Kickstarter campaign to fund a video series to explore female stereotypes in the gaming industry.  An online video game was even released in which users could “beat up” Sarkeesian.  These are just some of the many examples of demeaning attacks against women in the testosterone-driven tech world.

There are many state and federal laws that prohibit the kinds of workplace harassment that these women experience, including the federal Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Bane and Ralph Act, and the California Constitution.  These laws provide strong protections against gender harassment in employment and other contexts.  So why do these attacks on women continue to happen in an industry that is supposedly progressive and populated with fairly educated adults?

It doesn’t help that tech companies are also notorious for their lack of diversity.  This year, Google released its first diversity report which revealed that 70 percent of its workforce was male, and 61 percent was white.  The workforce was also predominantly male and white at Facebook, Yahoo, Twitter, and LinkedIn. Another report this year shows that the percentage of women occupying CIO positions at companies has remained stagnant at 14 percent for the last decade.  These numbers confirm what the stories reflect — that this industry truly is “a man’s world.”  And this needs to change.

Some may dismiss Wolfe’s lawsuit and similar complaints as coming from women who are hypersensitive.  Indeed, Wolfe claims that when she complained about Mateen’s harassment, she was dismissed as being “annoying” and “dramatic.”  While some degree of social adaptation may be expected when joining any company, particularly freewheeling start-ups, there are limits that must be respected.  Those limits are crossed when the pressure to conform to a white, male norm is so great that women who challenge this norm are further harassed or their voices suppressed.

Unfortunately, this marginalization of women who challenge the macho culture even comes from other women, who blame the “feminists” for making it harder for women to advance in tech.  This also needs to change.  Women who speak out about sexism and misogyny in the tech industry deserve the support of their colleagues, and men who turn to vitriol and juvenile behavior to intimidate deserve censure.

But change will not be achieved without help from sources outside the industry.  Attorneys and employee advocates must continue to bring attention to the rampant sexism that is “business as usual” in the tech industry.  We need to encourage tech companies of all stages and sizes to comply with employment laws, adopt proper HR practices, promote diversity and inclusion, and use objective standards to measure performance.  If the tech industry is serious about encouraging young girls to become coders and developers, it also needs to place women in conspicuous leadership roles and pay real attention to change the “guy culture.”

The tech world doesn’t have to be a man’s world, and it shouldn’t be.

 This blog originally appeared in CELA Voice on July 25, 2014. Reprinted with permission. http://celavoice.org/author/lisa-mak/.
About the Author: The authors name is Lisa Mak. Lisa Mak is an associate attorney at Lawless & Lawless in San Francisco, exclusively representing plaintiffs in employment matters. Her litigation work focuses on cases involving discrimination, harassment, whistleblower retaliation, medical leave, and labor violations. She is an active member of the CELA Diversity Committee, Co-Chair of the Asian American Bar Association’s Community Services Committee, a volunteer and supervising attorney at the Asian Law Caucus Workers’ Rights Clinic, and a Young Professionals Board member of Jumpstart Northern California working to promote early childhood education. She is a graduate of UC Hastings School of Law and UC San Diego.

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McDonald’s Urges Franchises to Open on Christmas Day … Without Overtime Pay

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Mark E. Andersen

In November McDonald’s saw a 2.5 percent increase in November sales. This is after the fast food giant saw a decrease in sales of 2.2 percent in October. So why was there increase in sales? Was the pork-like substitute McRib back? Was there a shortage of Ore-Ida french fries in your local grocer’s freezer causing a run on McDonald’s across the country?

Nope, none of the above; the corporate overlords at McDonald’s urged franchisees to be open on Thanksgiving day, a day that most franchise stores are closed. A Nov. 8 memo from McDonald’s USA Chief Operating Officer Jim Johannesen stated,

“Starting with Thanksgiving, ensure your restaurants are open throughout the holidays. Our largest holiday opportunity as a system is Christmas Day. Last year, [company-operated] restaurants that opened on Christmas averaged $5,500 in sales.”

On Dec. 12 Mr. Johannesen doubled down and sent out another memo to franchise owners stating that average sales for company-owned restaurants, which compose about 10 percent of its system, were “more than $6,000” this Thanksgiving. That adds up to be about $36 million in extra sales.

So with all those extra sales one must ask if employees are reaping any benefits from being open on the holidays. The answer is dependent on the franchise owner; however, in the case of company owned stores the answer is a big fat no. According to McDonald’s spokesperson Heather Oldani, “when our company-owned restaurants are open on the holidays, the staff voluntarily sign up to work. There is no regular overtime pay.”

It is bad enough that McDonald’s pays crap wages but then they turn around and refuse to pay overtime for employees who volunteer to give up their holidays so that McDonald’s can make several million dollars. I am also willing to bet that most staff does not readily volunteer to work on Christmas day. This just gives me one more reason to not eat at the Golden Arches.

This post was originally posted on December 18, 2012 at The Daily Kos. Reprinted with Permission.

About the Author: Mark E. Andersen is a 44 year old veteran, lifelong Progressive Democrat, Rabid Packer fan, Single Dad, Part-time Grad Student, and Full-time IS worker. Find me on facebook my page is “Kodiak54 (Mark Andersen)”


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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.