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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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A Day in the Life of a Warehouse Warrior

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kari-lydersenIt’s a stifling hot day in June, and Tory Moore, 37, is pounding the pavement outside a currency exchange in Bolingbrook, a Chicago suburb. Wearing a black T-shirt emblazoned with the words Warehouse Workers for Justice, sweating but full of energy, he paces back and forth while mopping his face with a yellow washcloth, looking for the tell-tale signs of warehouse workers.

After years working in warehouses himself, he knows what to look for: t-shirt, shorts, steel-toed boots or tennis shoes, safety goggles. When he sees a likely warehouse worker, he goes up with a friendly greeting and starts asking questions. He often chimes in with his own story – he was a temp for six years, even though he was working at the same warehouse – Del Monte Foods in Kankakee – the whole time.

Moore is one of the driving forces behind the study “Bad Jobs in Goods Movement,“ released by Warehouse Workers for Justice and the University of Illinois at Chicago last month. The campaign hired Moore through a program for low-income workers to help conduct the hundreds of surveys that form the basis for ongoing research into this booming but little-examined industry.

“Some people need two jobs just to make ends meet,” explains Moore. He asks one worker outside the currency exchange: “Are you doing anything else to make ends meet, cutting grass, cutting hair, tattooing?”

Since becoming involved with Warehouse Workers for Justice, Moore has developed his apparently natural talents as an organizer. He spoke to workers, organizers and academics involved with goods movement issues nationwide at the U.S. Social Forum in Detroit in June.

Outside the currency exchange, he goes through the questions on the four-page blue survey earnestly and methodically, making sure he gets the spelling of people’s names right and reading off all the different types of discrimination they may have faced. When he gets to the question about whether someone prefers temporary or permanent work, his voice becomes more animated and he jumps in to answer for them, “Permanent right?”

Most quickly agree.

“You don’t get any justice if you’re a temp!” he says.

He  takes a quick break to check his messages – the only one is from a temp agency  asking if he can work tomorrow. On principle, he’s not going to take a one-day job, even though he needs the money. But he doesn’t want a refusal to prevent them from calling him with future longer-term offers. So he returns the phone call – politely saying, “I’ll be going out of town so I won’t be able to do it.”

“Well I lied to them, I’m not going to disqualify myself in case something else comes up. I’m not trying to be lazy, but, one day only! I’m not the one.”

Moore is acutely aware of the injustice in the industry, which relies heavily on temporary workers who labor for low wages with few or no benefits, paid sick days or chance for advancement. But in a desperate job market, some see this as normal, and are grateful for any work they can get.

One man, who doesn’t want his name used, is happy to have just gotten a new albeit temporary job.

“I thought that was the game! I didn’t know that was a problem. I thought that’s just the way it was. You work three months somewhere then they move you somewhere else,” the man says.

“That’s right, you’re getting $9.50, then they move you somewhere else where you’re making $8,” says Moore. “I never thought of it that way…”

Moore examines the man’s pay stub, and is enraged to see there’s no company name on it.

“There’s no damn name on here! That’s a problem! Say you need to sue them, you show this to a judge, there’s no name.”

The man rubs his face and looks worried. Moore asks what his new position is.

“I really don’t know, they don’t tell me anything, they just say, ‘See how many of these seasoning packets you can put in a box,’” says the man, who works 2 a.m. to noon. “I was just so happy to get the job.”

Moore tells his story about being a temp for six years, and being denied a loan and apartment rentals. ” Seriously?” says the man, looking crestfallen.  “So when I go look for an apartment I can’t go in and say this is the place I work?”

“A lot of people lost their cribs because the 89 days came and they got laid off instead of hired on. This is a million-dollar company and you’re working your ass off for 9.50,” Moore says.

The man stands absorbing it all for a few moments, asks a few more questions and receives impassioned answers from Moore. The man basically tells Moore that he has ruined his day, but he’s glad to know what he needs to watch out for. He agrees to answer Moore’s survey questions.

“I had to give my Martin Luther King speech,” Moore says, laughing and shaking his head. He wipes his brow again, then starts scanning the parking lot for more warehouse workers.

This article was originally posted on Working In These Times Blog.

About the Author: Kari Lydersen, an In These Times contributing editor, is a Chicago-based journalist writing for publications including The Washington Post, the Chicago Reader and The Progressive. Her most recent book is Revolt on Goose Island.


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