Workplace Fairness

Menu

Skip to main content

  • print
  • decrease text sizeincrease text size
    text

Five Reasonable Accommodations at Work

Share this post

With workplaces reopening in the wake of the Coronavirus pandemic, people with all types of disabilities are wondering if they can ask their employer for what they need.  Here are five common ADA accommodations and how the law has treated them.

The good news is that, with some thought, many of these adjustments will benefit everyone—creating a safer and more productive work environment.  Workplaces, like architecture, can be designed to minimize barriers. 

UNIVERSAL DESIGN: The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.

United States Access Board

1. Adjusted Work Times

Adjusting work hours can help people with many kinds of disabilities, and can cut down on workplace crowding.  If schedule adjustments are possible for the job, they are a reasonable accommodation. Even adjusting the schedule for a less crowded commute may be reasonable.[1] 

2. Adding Protective Equipment

Courts have said protective equipment—like masks and gloves—can be reasonable to keep people with disabilities on the job and safe, even if the employer generally does not provide or allow it.[2]  Many employees are asking to use their own equipment, and this is likely to be a reasonable request.  Indeed, usually the employer will have to provide reasonable protective equipment, or even modify the workspace. 

3. Fixing Mask Policies

On the other hand, some people with disabilities need adjustments to masks or other protective equipment that employers may want to mandate for all workers.  For deaf peoplepeople with sensory sensitivities or claustrophobia, and people with breathing impairments, for example, masks can be a problem. 

The key is to accomplish the goal of keeping everyone safe.  With some thought, that can be done in ways that work for everyone.

4. Work from Home

Many judges used to be skeptical when people with disabilities asked to work remotely.[3]  That law is changing fast.[4]  If the job can be done remotely, an employer should consider it. 

5. Temporary Leave

As a last resort, workers can simply ask to take time off.  Disability law usually doesn’t require pay during the leave, although other laws, insurance, or contracts may.   The key to a temporary leave request is to make it reasonable—clear communication and an expected time frame are important.  Employers have to be able to take care of business while the worker is out.

These are just a few examples—many other adjustments may be reasonable, depending on the situation. A couple more points:

Medical Documentation

Employers can ask for reasonable medical documentation.  Here is the EEOC’s guidance.

Interactive Process

The law calls for an “interactive process” when a worker requests an accommodation.  That means an employer must work with the employee to figure out what is possible.  It also means the employee must work with the employer—the law does not always require the employer to give the first accommodation requested. Now more than ever, let’s come together and find ways for all of us to get back to work.

Resources


[1] See, e.g., Lyons v. Legal Aid Soc‘y, 68 F.3d 1512, 1514 (2d Cir. 1995).

[2] See, e.g. Barry v. Illinois Dep’t of Corr., No. 114CV03199MMMTSH, 2019 WL 1083759, at *5 (C.D. Ill. Mar. 7, 2019).

[3] See, e.g. EEOC v. Ford Motor Co., 782 F.3d 753, 761 (6th Cir. 2015) (“[R]egularly attending work on-site is essential to most jobs.”).

[4] See, e.g. Masters v. Class Appraisal, Inc., No. 217CV11283LJMEAS, 2019 WL 4597365, at *8 (E.D. Mich. Sept. 23, 2019); Boltz v. United Process Controls, No. 1:16-CV-703, 2017 WL 2153921, at *10 (S.D. Ohio May 17, 2017).

This blog originally appeared at ADA Update on May 28, 2020. Reprinted with permission.

About the Author: Maia Goodell is a civil rights lawyer committed to community lawyering for people and organizations of people with disabilities.


Share this post

How Workplace Rights Could Change for Remote Workers

Share this post

Knowing your workplace rights protects you 

In every civil society, certain rights have been put in place to guarantee equity and fairness for all. The same goes for every workplace. Every employee has certain rights that they are entitled to that provide a safe and non-toxic environment where they can thrive and excel. These rights affect diverse aspects of workplace ethics in relation to the employee. This includes pay, health, safety, bullying at work, discrimination, entitlements, breaks, and much more.

As an employee, it is vital that you know and understand:

  • The terms and conditions of your employment. 
  • Your rights to health and safety, and against bullying and discrimination.
  • Your access to precautionary gear and safety equipment.
  • And most importantly, where to get help if any of the workplace challenges listed above arise.

Having substantial knowledge of these rights can protect you if the situation arises. 

Are you treated fairly as a remote worker? 

How Can the Workplace Rights of a Remote Worker Change?

With recent global developments, advancement in technology, and ongoing world crises, the need for many more employers and their employees to create a remote working arrangement, both formally and informally has arisen. More arrangements have been made to cater to and support a large percentage of workers to work remotely.

But do these developments truly benefit remote workers? Does it cater to their rights as workers or have their workplace rights been sidelined? In cases like this, it is easy for a lot of employers to get carried away with the concept of remote work, that they fail to extend the appropriate workplace rights to their employees. Many workplace rights and privileges were created to mainly cater to workers in the physical workspace and therefore, tend to leave out virtual workers. 

What this means in essence, is that:

  • Typical rights such as access to health and safety may be cut off or reduced since they may no longer report to the office.
  • Suitability of the worker’s remote working environment for their type of work may not be considered.
  • Discrimination or stereotyping (which may affect decision-making) may occur against those that work remotely.
  • Breach of employee privacy may occur due to excessive surveillance from the company.
  • There may be blurred lines between work hours and off-hours (instigated by the employer) since the employee now works virtually. 

This should not be so because rights in the workplace should cover all employees, not only those at the physical workspace. Remote workers have workplace rights and entitlements just as well as the employee who reports at the office. 

Knowing your Rights as a Remote Worker

Before you begin to examine your rights as a remote worker, it is important that you meet the standards of a remote worker as recognized by many companies. A remote worker is someone who works outside of a traditional office. This could be anywhere, your bedroom, favorite coffee shop, or lounging by the poolside. What matters is that the job gets done. If this description fits you, take a look at these important rights you ought to know and exercise as a remote worker.

  1. You have the right to a private life and family life. Although your employer has the right to monitor you, you must be adequately informed and aware of it. This covers emails, internet access, telephone calls, data, and images. 
  2. You have the right to see any information that has been recorded about you.
  3. You have the right to adequate health care and safety support from your employer.
  4. You have the right to reasonable working hours and at least 20minutes of rest breaks.
  5. You have the right to a standard employment contract.
  6. You have the right to the enjoyment of just and favorable conditions of work.

In conclusion

As a remote worker, always remember that it is within your right to request for fairness in any working condition. Employers and HR need to work together to ensure that the welfare of every employee is adequately catered to. This would create a balance in workplace rights for all types of workers, remote or not. 

Alex Capozzolo is the owner of the Brotherly Love Real Estate blog and a content writer for the real estate industry. Our focus is on helping people through one of the most important investment decisions of their lifetime by seamlessly providing fast, honest and professional real estate services.

About the Author: Alex Capozzolo is the co-owner of Brotherly Love Real Estate.


Share this post

A Brief Look at Today’s Workers Rights and Protections

Share this post

Workers used to be at the mercy of their employers when the topic of job-related safety and benefits arose, to say nothing of hiring and promotions. Now, after a push for employee rights gained momentum late in the 20th century, the result was a series of important laws that millions of Americans rely on for protection to this day.

Today, roughly 180 worker protection laws ranging from pay requirement to parental leave benefits are in force. Some key federal protections are below.

The Minimum Wage

Per the Fair Labor Standards Act, American workers receive a minimum wage for their work. Since 2009, most public and private employers have had to pay staff members at least $7.25 per hour, with several states providing their own minimum rates that are even higher. The law offers special protections for minors as well. For non-agricultural positions, it places limits on the number of hours children under the age of 16 can work.

Workplace Safety

Since the Occupational Safety and Health Act of 1970 came into law, dangers in the American workplace have been minimized through a number of specific safety provisions, including industry-specific guidelines for construction, maritime and agricultural jobs. There also is included a “General Duty Clause” that prohibits any workplace practice that represents a clear risk to workers. Primary enforcement of these provisions has been the responsibility of the Occupational Safety and Health Administration, although state agencies may also have a role. 

Health Coverage

Formed in 2010, the Affordable Care Act promised to make health insurance a right for workers at most medium and large-sized businesses. A provision that requires companies with 50 or more full-time workers, the “Employer Shared Responsibility Payment” offers workers a minimum level of health insurance. A worker that logs at least 30 hours a week, on average, is considered a “full-time” employee.

Whistleblower Protections

There is in place a patchwork of federal statutes to help protect whistleblowers who report employer violations of the law. Much of the time whistleblower protections are built into pieces of legislation that govern an industry. An example would be the Clean Air Act, which provides safeguards to those who highlight violations of environmental law, as well as the Consumer Product Safety Improvement Act that affords protections to individuals that uncover unlawful manufacturing practices.

The main body responsible for protecting the rights of employees is OSHA’s Whistleblower Protection Program. The program protects employees who may fear job loss or other reprisals if they speak up. 

Family Leave

In 1993, then-President Bill Clinton signed the Family Leave and Medical Leave Act, or FMLA, which resulted in eligible employees being afforded 12 weeks of unpaid leave per year if they decide to stay home in the wake the birth of a child, adoption or serious personal or family member illness.

In order to receive FMLA benefits, an employee must have been with the company for at least 12 months and worked at least 1,250 hours during the year prior. Also, the law only applies to business that employs at least 50 employees with a 75-mile radius.

Employee Based Discrimination

Title VII of the Civil Rights Act of 1964 made it illegal for businesses to discriminate based on “race, color, religion, sex or national origin.” Subsequently, in 2009 the Lilly Ledbetter Fair Pay Act further strengthened workplace rights, prohibiting wage discrimination against minorities and women. Also in this category, the Age Discrimination in Employment Act of 1967 protects against age discrimination for employees over 40 years and older, and the Americans with Disabilities Act of 1990 provided protections against discrimination of employees with disabilities. 

The bottom line is that today, American employees benefit from the numerous protections designed to provide a minimal level of income, as well as protect them from danger in the workplace, and other safeguards.

About the Author: Jordan Fuller is a retired golfer. Now, he is coaching and teaching golf. He works with wonderful people who help him manage his schedule, mentoring materials, as well as his website, www.golfinfluence.com


Share this post

Grocery Store Workers Need Frontline Protections

Share this post

Grocery store workers, like healthcare workers, first responders, and transportation workers, are currently among those deemed “essential” workers during the ongoing coronavirus pandemic. And, indeed, they have always been essential: they help provide the food and supplies necessary to sustain us all.

But of all the frontline workers whose work puts them in contact with potentially infected members of the public, grocery workers are among those who receive the least protections and the lowest pay.

Now grocery workers, too, are becoming infected—and some are dying of COVID-19.

It is deeply disturbing that several large corporate grocery retailers are simply not doing enough to protect workers’ safety or health during this critical time. Some of these retailers have been accused of harmful practices against workers in normal times. But lax health and safety protections during this crisis are dangerous and intolerable. Some food stores have reportedly put concerns about optics before the health and safety of workers by not allowing gloves to be worn by workers. Despite a recent Politico analysis that revealed cashiers are the largest number of at-risk workers, these workers continue to fight employer inaction.

Of all essential frontline workers, grocery workers are among the least protected and lowest paid.

Black and brown workers are more likely to work in lower-paid, frontline positions like cashiers in retail stores, while white workers are more likely to be represented in management and supervisory roles. This means that the panic shopping that is resulting in lines out of the door and physical fights over supplies is being experienced disproportionately and most directly by workers of color. Shoppers are stocking up on supplies and food to stay home and to minimize exposure or risk, protecting themselves and their families. But what about the workers who are making the food and supplies available? Why isn’t their health and safety being better protected by their employers?

A cashier at a major grocery store in northwest Washington, D.C. says that her employer has done nothing to ensure that workers are protected from the influx of customers that she interacts with daily. The store has not even provided every employee with requested protective gear, leaving many of them to supply their own. When she questioned management about the store supplying workers with protective gear, she was told that masks are not allowed because they only prevent the spread of COVID-19 and that the company is only obligated to provide gloves to staff that come into contact with unwrapped food goods. This week, her store changed its policy and is allowing all workers to wear masks. But the workers are still responsible for supplying the masks and gloves themselves. “Even the porter, the person who cleans the bathroom, they don’t provide gloves to him. He brought his own gloves,” she said.

The federal agency in charge of workplace safety, the Occupational Safety and Health Administration (OSHA), has failed to issue a standard requiring employers to implement specific protections to safeguard at-risk workers in this crisis. Congressional efforts to require OSHA to issue an emergency temporary standard to protect the most at-risk healthcare workers were blocked by the Trump administration and hospital industry lobbyists.

It has become painfully clear that state and local lawmakers need to swiftly implement health and safety protections for all frontline workers. In Minnesota, Massachusetts, Michigan, and Vermont, grocery workers have been officially classified as emergency workers—a designation that will make free childcare services available to them during the crisis. But no state has implemented any other required protections for grocery or any other workers. Further, OSHA is not conducting any enforcement when workers complain about unsafe conditions.

In unionized supermarkets, the United Food and Commercial Workers (UFCW) union has pushed large chains to install protective shields between cashiers and customers, and to provide hand sanitizer, additional cleaning and sanitizing of store surfaces, time to wash hands with soap, face shields, masks, gloves, and extend paid sick leave. But workers in non-union grocery stores are left with no required protection and few safety rights.

Black and brown workers are more likely to work in lower-paid, frontline positions like cashiers in retail stores.

Black and brown retail workers already faced large disparities in pay, scheduling, and advancement in their workplaces before the current crisis. These workers also make up a disproportionate number of workers in jobs with the highest injury risksRecent reports have also shown that only 19.7% of Black workers and 16.2% of Latinx workers work in occupations that allow them to telework. The concentration of these communities in the retail and hospitality sectors is a major contributor to these inequities.

With many workers of color on the job in workplaces that may expose them to a potentially deadly transmissible virus, these workers are facing both panic and a status they know all too well: exclusion. In fact, even if Black workers have been exposed to COVID-19 or are experiencing symptoms, they must then navigate a medical system that has discriminated against their communities long before COVID-19 swept across the globe.

A 61-year old Black woman I spoke with who works as a grocery cashier and has survived two strokes is not only concerned about her health but also has had to take additional steps to purchase groceries for her family. Her shift starts at 6 a.m., but she shows up even earlier to try to buy what she needs before her shift begins and the store gets busy. She began this routine after she was unable to buy toothpaste and soap for herself one day after her six-hour shift ended.

“We don’t have none in stock. We used to have hand sanitizer on each register but since this virus there’s been a backorder for hand sanitizer, so we don’t have any,” she said.

Union protections have proven to be crucial for workers of color and will be even more vital for frontline workers right now. The COVID-19 crisis has propelled workers to unify and use their collective power to secure the protections they need to endure the daunting workdays ahead. Across the country, workers who have joined together to form unions have won some of the strongest standards for essential workers in response to the COVID-19 crisis.

The COVID-19 crisis has propelled many workers to use their collective power to secure the protections they need.

The coronavirus pandemic has exacerbated a myriad of socioeconomic problems that workers have faced for years. In every recession, disaster, or other crisis in our history, Black and brown people have endured the hardest of hardships. It appears that the COVID-19 pandemic will be no different. The impact on our families, communities, and the economy will extend for years to come, even after we can leave our homes and return to the everyday routines that we sorely miss right now.

Essential frontline workers are keeping the U.S. running during this crisis. They shouldn’t have to sacrifice their own well-being to keep the rest of us safe. We must fight for immediate solutions that prioritize strong health and safety standards, wage protections, paid leave, and unemployment insurance to protect frontline workers and all workers affected by this public health crisis.

This blog was originally published at NELP on April 8, 2020. Reprinted with permission.

About the Author: Shayla Thompson is the government affairs manager on NELP’s Government Affairs team. She is a member of NELP’s committee tasked with change management and facilitating NELP’s commitment to dismantling structural racism. Her tenure at NELP has included conducting research in projects committed to racial equity, creating curriculum to guide NELP’s race caucuses, and facilitating equity training.

Shayla is committed to infusing race and inclusion into federal advocacy and creating policy messaging that reaches all working people.

Before joining NELP, she managed professional development training and social media campaigns for early childcare providers, infant mental health specialists, and parents.


Share this post

Hospital Food Workers and Janitors Are Stuck In a “Death Trap”

Share this post

kari-lydersen

The hospital where Kim Smith works is supposed to be a “safe haven,” says the patient care technician at Northwestern Memorial in Chicago. But now she feels it has become a “death trap.”

Like the nurses and doctors nationwide who are risking their lives to fight the COVID-19 pandemic, Smith says she’s glad to help provide healthcare in such traumatic times. But she’s among the army of frontline healthcare service providers who, while crucial to keeping the system going, are earning much lower wages than doctors and nurses and often lack adequate healthcare and paid sick leave. And like doctors and nurses, these service workers often also lack access to personal protective equipment (PPE) like masks, even though they’re put in contact with infected patients.

Now, Chicago-area healthcare service workers—technicians, certified nursing assistants (CNAs), transporters, food service workers and housekeepers—are demanding better treatment and protection from their institutions, as well as additional “hazard pay” for their work during the crisis.

On April 2, SEIU Local 73—which represents workers at University of Illinois and Cook County public healthcare facilities in the Chicago area—announced that it had secured additional compensation for its workers in the university system. Union members will get an additional $1 to $5 per hour during the pandemic depending on their job description and where exactly they work within the system. The county system serves the area’s low-income and uninsured people including the hospital at the Cook County Jail, which has turned into a COVID-19 cluster.

“The extra pay is not a really significant amount but it acknowledges that we recognize you, we know you are great, that you really care about your job and your community,” says Dian Palmer, a registered nurse and president of SEIU Local 73, which has been in contract negotiations with the University of Illinois system for about nine months.

The union SEIU Healthcare Illinois/Indiana represents workers through contracts at hospitals including Northwestern Memorial and also has at-large members in nursing homes and hospitals in the Chicago area and across four states. They’re demanding hazard pay of 1.5 times the usual rate, and added protections for their members.

Smith, a chief steward for SEIU Healthcare Illinois/Indiana, says fellow union members at Northwestern are “reaching out to me on an hourly basis” about being forced to work without proper safety equipment and protocols while receiving contradictory messages from management. Employees have been told to continue working even after they report COVID-like symptoms if they are “low-risk” for the disease, Smith says. With many of these workers living on the economic margins, and offered few paid sick days, they’re reluctant to take time off.

About 29,000 healthcare service workers in Illinois make below $15 an hour, and 22,000 of them make below $13 an hour, according to a study by the University of Illinois. Palmer notes that service job vacancies have been hard to fill at the University of Illinois Chicago hospital since they’re exempt from the city’s $15 an hour minimum wage ordinance.

Anne Igoe, SEIU Healthcare Illinois/Indiana Vice-President of the Health Systems Division, notes that with such low wages, these employees regularly work more than one job—whether picking up a second shift at a nursing home or as an Uber driver—increasing their own, and by extension patients’, risk of contacting coronavirus. She says employees are also used to working while sick, since they typically are guaranteed few paid sick days and until recent changes because of the pandemic, were penalized for taking extra ones.

Igoe says the majority of their Chicago-area members are African American and are women, many of them living in marginalized neighborhoods and with underlying health conditions that put them at greater risk of extreme illness or death from COVID-19. In Chicago, more than two-thirds of the COVID-19 fatalities and more than half of confirmed cases have been among African Americans, even though they make up less than a third of the city’s population.

In cities nationwide, as in Chicago, lower-paid healthcare service jobs are disproportionately filled by women and people of color.

“This pandemic has made it clear who has access to testing, who has access to quality healthcare,” Igoe says. “Our low-wage workers in the finest hospitals are not given protections and not given the same access to follow-up care that some of their patients have.” 

Katina McDavis, 43, has been working as a housekeeper at Northwestern Memorial for over 20 years. She has diabetes, putting her at higher risk for complications from COVID-19. McDavis also lives with her daughter and two infant grandchildren, and is terrified of contracting the virus and passing it on to them.

Since the pandemic began, McDavis has been working overtime—often over 60 or 70 hours a week total, she says. She needs the extra pay and wants to help out, but that also leaves her physically exhausted and potentially more vulnerable to illness.

She and other housekeepers are given surgical masks—not the more protective N-95 masks—and told to keep them in a paper bag and reuse them, she says. In an informal survey of about 250 SEIU Healthcare members during an online meeting, 58% reported they lack sufficient PPE and 38% said they were told by higher-ups that they don’t need PPE.

“I’m jeopardizing myself coming here every day,” McDavis says. “I love my work but just give me the tools I need to do my job.” 

Candice Martinez, another housekeeper at Northwestern Memorial, tested positive for COVID-19 after coming down with symptoms about two weeks ago. She feels confident she contracted it on the job, having cleaned rooms where she says she was not properly notified that patients had the virus.

“It’s hard because I’m in complete isolation and I don’t get to see my son,” Martinez says. “It’s scary knowing there’s nothing they can give me to say this will help you get past this. It’s having to battle this out on my own.”

While Martinez believes she will receive workers compensation for the time she is out of work, Igoe says that human resources officials at several hospitals have told the union that workers will not be granted workers comp for COVID-19, since they could have caught it through community transmission.

Igoe says employees often “find out co-workers tested positive through the grapevine, rather than being told by their employer that someone they worked closely with yesterday tested positive.”

A statement from Northwestern Memorial did not address specific questions but said in part that: “The health and safety of our employees, physicians, and patients is our highest priority. Since the outbreak of COVID-19, we have gone to extraordinary lengths to maintain an environment that protects everyone.”

Loretto Hospital on the city’s West Side—where SEIU Healthcare represents employees—has granted time-and-a-half hazard pay to employees in the emergency department and COVID-19 unit. 

Loretto spokesperson Mark Walker says that workers do have access to sufficient PPE supplies, the hospital follows all CDC safety guidelines, and staff who test positive for COVID-19 will be paid during their time off. But the hospital is indeed hard-pressed as it serves a largely poor, African American clientele, Walker says. At an April 7 press conference, hospital CEO George Miller, Jr. and State Rep. LaShawn K. Ford, who represents the district, appealed to the city, county, state and federal government for more resources. 

“We are a small community hospital, 90% of our patients are Medicare and Medicaid meaning we’re providing services and being reimbursed at a much lower rate,” Walker said. “You take a pandemic like this and add it onto an already stretched-thin hospital, and you can reach a breaking point. We’re not there yet, but it creates additional stress on our resources and our funds. We’re trying to do everything we can to protect this community. Without additional resources, we’re going to struggle.”

Wellington Thomas is an E.R. tech at Loretto, said he goes to work each day fearing he may contract the disease. 

“COVID turned our world upside down,” Thomas says. “We’re dealing with an influx of patients, the equipment we already struggled with (having enough of) is now scarce, employees are afraid to come to work…It’s not just contained areas, it’s spreading like a wildfire through the hospital—radiology, imaging, phlebotomy, blood tests.” 

(The Cook County health system had not responded to requests for comment by the time this story went to press.)

At other hospitals as at Loretto, workers say the pandemic has highlighted issues like inadequate staffing, low wages and insufficient equipment that have long pushed healthcare service workers to the brink.

“Support staff like us have been the underdogs for a long time,” says Megan Carr, a respiratory specialist who runs ventilators for the University of Illinois system. “So getting hazard pay makes us feel like we are finally being recognized and respected for the work that we are doing, saving lives one breath at a time.”

This blog originally appeared in Inthesetimes.com on April 7, 2020.  Reprinted with permission.

About the Author: Kari Lydersen, an In These Times contributing editor, is a Chicago-based journalist and instructor who currently works at Northwestern University. Her work has appeared in the New York Times, the Washington Post, the Chicago Reader and The Progressive, among other publications. Her most recent book is Mayor 1%: Rahm Emanuel and the Rise of Chicago’s 99 Percent. She is also the co-author of Shoot an Iraqi: Art, Life and Resistance Under the Gunand the author of Revolt on Goose Island: The Chicago Factory Takeover, and What it Says About the Economic Crisis.Look for an updated reissue of Revolt on Goose Island in 2014. In 2011, she was awarded a Studs Terkel Community Media Award for her work.


Share this post

Big Win on Back Pay: Worker Wins

Share this post

This image has an empty alt attribute; its file name is Kenneth-Quinnell_small.jpg

Our latest roundup of worker wins begins with a victory on back pay for NABET-CWA workers at CNN and includes numerous examples of working people organizing, bargaining and mobilizing for a better life. 

NABET-CWA Workers Win $76 Million in Back Pay from CNN: Locals 11 and 31 of NABET-CWA have negotiated one of the largest back pay settlements in the history of the NLRB. CNN is required to bay $76 million to hundreds of broadcast technicians who were fired when CNN terminated a subcontract with Team Video Services. NABET-CWA President Charlie Braico said: “After more than 15 years, this settlement agreement finally delivers justice for workers who experienced serious hardship in their lives due to CNN’s union-busting practices. This incredible settlement in workers’ favor should send a very clear message to CNN and to other employers that union-busting is illegal and has consequences.”

University of California-Santa Cruz Trades Workers End Strike with New Contract: Dozens of carpenters, plumbers, electricians and other trades workers at the University of California, Santa Cruz, ended a strike with victory as they ratified a new contract representing for the 49 AFSCME Local 3299 members. Electrician Joe Baxter said: “I’m just really proud of our people that we held the line and were able to get a fair and good contract. In the end, I felt like UCSC came through and gave us a fair contract.”

King County, Washington, Water District Workers Win New Contract: Members of the Operating Engineers (IUOE) Local 302 capped months of negotiations with a victory as the commissioners of King County Water District 19 approved a union contract, the first in the district’s history. Shop steward Dominic Jovanovich said: “It was definitely tense at first, but we knew our supporters would come out for us and show solidarity because we know that organized labor is strong together. We were happy the board made the right decision and we’re excited to move forward.”

Joliet Marijuna Workers Join UFCW: A majority of the 95 employees at the Cresco Labs marijuana cultivation facility in Joliet, Illinois, voted to join the United Food and Commercial Workers (UFCW). This is the first successful organizing drive in Illinois since recreational marijuana use was legalized. The workers are seeking better pay and more comprehensive health benefits.

Sports Illustrated Editorial Employees Vote for NewsGuild Representation: More than 90% of the editorial employees have voted to join the The NewGuild of New York-CWA. The new unit covers some 80 writers, editors, producers and other editorial staff in print, digital and video. Top issues for the workers are job security, severance, layoff protections, pay equity, workplace safety, diversity in hiring and advancement, and a voice in editorial strategy. Senior writer Jenny Vrentas said: “As journalists, we hold the teams and athletes we cover accountable. It is our responsibility to do the same in our own workplace. We are unionizing to ensure that Sports Illustrated is a safe, inclusive place to work, where all employees are treated equally and can continue to perform our jobs at a high level.”

Google Cafeteria Workers Join UNITE HERE: Approximately 2,300 cafeteria workers at Google campuses in the California Bay Area have voted to be represented by UNITE HERE. The workers are technically employed by a subcontractor, Compass Group, through its subsidiary, Bon Appétit Management Co. Compass and UNITE HERE are negotiating the first contract for the unit.

NewsGuild Members at The New Republic Ratify Ambitious Contract: Newsroom workers at The New Republic unionized in 2018 in the wake of the #MeToo movement. Now those workers have secured their first contract, which contains ambitious diversity provisions, progressive policy to prevent sexual harassment, and industry-leading intellectual property and privacy rights. Unit Chair Alex Shephard said: “This contract solidifies an important goal behind why we organized: To protect and live the values that The New Republic has espoused in its pages for over 100 years. The strength of our union is reflected in this contract, and I’m proud to have stood alongside fellow Guild members in crafting an agreement that fosters an environment of collaboration, transparency, growth, and sustainability.” 

St. Louis Metro Workers Secure New Contract: The negotiations took months, but the members of Amalgamated Transit Union (ATU) Local 788 won a new contract from St. Louis Metro Transit. Some 1,500 working people voted to approve the new contract, which includes higher starting pay, protections against rising insurance costs, and increased pay for night and weekend work. Overall, wages and benefits for the workers will see an increase of $26 million over three years. Reggie Howard, president of Local 788, said: “It was a long fight. But we feel really good about it.”

USW Members at Clearwater Paper Agree on New Contract: Workers at Clearwater Paper have been working without a contract since 2017. The members of United Steelworkers (USW) Local 712 approved an agreement that would cover more than 800 employees. Contract negotiations have been long and contentious with the membership almost unanimously rejecting what Clearwater previously said was its last and best offer. The new contract runs through 2025.

Food and Water Workers’ Union Voluntarily Recognized: Nearly 80 workers at Food & Water Action (and its affiliated organization, Food & Water Watch) from around the country voted to be represented by the Nonprofit Professionals Employee Union (NPEU), IFTPE Local 70. Management will voluntarily recognize the new unit. The workers said: “As an organization, we advocate for union power in the WATER Act and a real Green New Deal because we recognize the critical importance of protecting union labor and not leaving workers behind in our fight for a better world. We believe that a union will allow us to truly live up to our values; will give us a tangible way to promote diversity, equity and inclusion in our workplace; and will show the rest of the world how truly invested we are in the right of workers to make a fair living on a livable planet.”

This blog was originally published by the AFL-CIO on April 3, 2020. 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.


Share this post

Coronavirus Prevention That Works For Working People

Share this post

Image result for liz watson

America isn’t ready for coronavirus. In the last 24 hours, millions of school children across the country have been told to stay home for two weeks, or even longer. This is an important public health step to stop the spread, but it also means parents can’t go to work. 

I’m fixing lunch for a 9 and 12 year old as I write this. And I’m one of the lucky ones who is able to telecommute. Millions of Americans are not so lucky. 

In addition to the countless schools and businesses that are moving to telecommuting or closures, we’re also hearing from the CDC that if you are sick you should stay home, other than to seek medical treatment. 

And yet, we have to ask, exactly how are the third of Americans without paid sick days supposed to follow this advice?

Likewise the nearly 90 million Americans who are uninsured or underinsured are already sick with worry that if they contract the coronavirus they won’t be able to get treatment. 

This pandemic threatens to go from very bad to a whole lot worse simply because of our chronic disinvestment in the health and economic security of millions of Americans. The level of danger and risk we now face is directly related to our policy failures. 

Democrats in Congress are moving as fast they can on a policy response to the coronavirus that puts our health and safety first with paid sick days, enhanced unemployment insurance, food security, strong protections for frontline workers, widespread and free coronavirus testing, anti-price gouging protections from surprise medical billing, and increased capacity for the medical system. 

The reality is that these are all things that progressives have spent a very long time fighting for–guaranteed health care, paid sick days and family leave, an end to surprise medical billing, and a strong social safety net. Republicans on the other hand, have blocked them at every turn. 

And now we’re seeing the fallout from Republican indifference to low-income and middle-class families in real time: A Pennsylvania man and his young daughter were recently evacuated from Wuhan, China. When his daughter started coughing, they did the responsible thing and went to the hospital to get checked out. They were quarantined for a few days, and ultimately tested negative for the virus. When the medical bill for $3,918 arrived, he was stunned.  Almost 40 percent of people in the U.S. can’t afford a $400 emergency bill, let alone nearly $4,000. How many times has this scene played out already at kitchen tables across America? 

Just the other day, a family member told me her prescriptions were filled by a pharmacy tech who sneezed her way through the transaction. When asked why she didn’t go home to rest, the pharmacy tech said, “they won’t let me.” How many vulnerable people were exposed to cold or flu, or potentially worse, by that one pharmacy tech? Seven in ten low-wage workers can’t take time off to go to the doctor when they are sick or stay home from work without putting their jobs on the line. This is playing out in restaurants, stores, and yes, even pharmacies all across America.

When the 2008 recession hit, we engineered a massive bank bailout. If we can bail out the banks in a matter of days, we can provide guaranteed health care and workplace protections that our fellow Americans need to stay healthy and avoid getting the rest of us sick. We’ve also got to learn the lessons of 2008 and make sure we bail out the people who need it most.  Economic stimulus should focus on low- and middle income families, not tax giveaways or poorly structured bailouts that help Wall Street but leave Main Street in the dust. 

When it comes to a highly contagious virus like COVID-19 (or the flu for that matter), we’re all in this together. We have to make it possible for everyone to actually follow the CDC’s advice. That’s why Congress and the Trump administration must take action to ensure everyone can get tested, everyone has the guaranteed health care they need to get treated, everyone can stay home if they or a loved one are sick, and everyone can survive an economic slowdown. 

It should not take a terrifying national emergency for us to wake up to the realization that we all pay the price when we treat people like they don’t matter. Medicare for All, paid family leave, universal child care, a robust social safety net. These things are not a wish list. They are essentials. Now is the time to put the basic foundation in place that will make us all safer and more secure in good times, and more resilient when disaster strikes. 

This article was originally posted on Our Future on March 13, 2020. Reprinted with permission.

About the Author: Liz Watson is the executive director of the Congressional Progressive Caucus Center. She is the former labor policy director of the House Education and Labor Committee and a former Democratic nominee for Congress in Indiana’s 9th Congressional district. 


Share this post

Bloomberg aides cut loose despite yearlong employment promise

Share this post

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.


Share this post

Media Unionization Wave Continues: Worker Wins

Share this post

Our latest roundup of worker wins begins with organizing efforts at a publishing giant and includes numerous examples of working people organizing, bargaining and mobilizing for a better life. The end of 2019 saw a flurry of wins for working people, so this is the second in several posts that will cover the victories of the last quarter of the year.

Employees at Media Giant Hearst Magazines to Join Writers Guild: Employees at one of America’s oldest major magazine publishers are forming a union, becoming the latest big media organization to join the ranks of organized labor. Editorial, photo, video and social media employees working at 24 major Hearst publications voted to be represented by the Writers Guild of America, East (WGAE). The publications covered include Elle, Esquire, Town & Country, Cosmopolitan and others. Elle Culture Editor Julie Kosin, also a union organizer, said: “We’re excited to be a part of the labor movement among our peers, and most importantly create a fair and equitable workplace for the future of this industry.”

Chicago Teachers Union End Strike with New Contract: After an 11-day strike, the Chicago Teachers Union went back to work after approving a new contract. More than 25,000 teachers will be covered under the new contract and 300,000 kids returned to classes. Jesse Sharkey, president of the union, said: “This contract is a powerful advance for our city and our movement for real equity and educational justice for our school communities and the children we serve.”

New York Metropolitan Transportation Authority Workers Approve New Contract: The largest union representing Metropolitan Transportation Authority (MTA) workers approved a new contract after six months of tense negotiations and no contract. Previous offers by the MTA sought to cut back on overtime, increase worker health care contributions and limit vacation time accrual for workers, proposals the union called “insulting.” The workers are represented by Transport Workers (TWU) Local 100, whose president, Ton Utano, said: “I am happy to report that we have reached a negotiated settlement with the MTA that I believe the Local 100 membership will ratify in overwhelming fashion.”

Massachusetts Marijuana Workers Join UFCW: Working people at Sira Naturals, a marijuana company in Massachusetts, voted to be represented by Local 1445 of the United Food and Commercial Workers (UFCW). More than 100 workers will be covered by the new unit. Sira’s chief executive, Mike Dundas, said the company voluntarily recognized the union. He said it would help attract and retain employees.

Musicians Reach New Film and TV Contract: Musicians represented by the American Federation of Musicians (AFM) have reached an agreement on a new contract for film and television with the Alliance of Motion Picture and Television Producers. The two-year deal was reached after the two sides settled issues relating to residuals for films and television shows made for streaming services.

Los Angeles Proterra Electric Bus Assemblers to be Represented by Steelworkers: Working people at Proterra’s electric bus assembly line plant California voted to join the United Steelworkers (USW) Local 675. The company’s leadership was amenable to the drive and worked with USW to help workers understand the need to a carbon-neutral economy. Blanchard Pinto, a supervisor at the plant, said: “This is my first time being in a union, and I’m actually excited about it. It was a no-brainer for me that it was something we could use for the job stability.”

Cedar Rapids General Mills Workers Ratify New Contract: More than 500 workers represented by the Retail, Wholesale and Department Store Union voted to approve a new three-year contract with General Mills. The workers had threatened to strike before the deal was reached. Tim Sarver, who has worked for General Mills for more than 37 years, said: “I am thrilled to know we will all be going to work tomorrow with the peace of mind of a strong union contract. Over 500 families can sleep well tonight knowing their needed benefits are secure for the next three years. The strength of our union during these first contract negotiations was extraordinary. I am proud to say that a union contract is now part of every balanced breakfast that comes from our General Mills plant.”

NBC News Universal Editorial Staff Vote to Join The NewsGuild: Editorial staffers at NBC News Digital voted overwhelmingly to affiliate with the The NewsGuild of New York (TNG-CWA). After the vote, the editorial workers requested that NBC voluntarily recognize the unit. The new unit covers staff from nbcnews.com, today.com, StayTuned, Left Field, msnbc.com and NBC News Now. Nigel Chiwaya, a data journalist and member of the new unit, said: “NBC News is a storied name in journalism, and we all feel proud to be a part of it. Forming the NBC NewsGuild is our way of protecting the legacy for everyone here now and for those who will come after us. We are organizing to make our newsroom stronger and safer for all.”

Content Producers at Philadelphia’s WHYY Join SAG-AFTRA: Journalists and other content producers at WHYY in Philadelphia have voted to join SAG-AFTRA. The vote was nearly unanimous, and the 90 workers represented by SAG-AFTRA will next negotiate their first collective bargaining agreement. In a statement, the union said: “We’re thrilled by our strong showing. We look forward to beginning a democratic process to hear from our members about what they would value most from a contract with management.”

UAW and Ford Reach Agreement: The UAW reached a tentative contract in November. The contract covers 55,000 hourly Ford workers in the United States, the most of any domestic automaker. Rory Gamble, vice president of the UAW Ford Department, said: “Our national negotiators elected by their local unions have voted unanimously to recommend to the UAW-Ford National Council the proposed tentative agreement. Our negotiating team worked diligently during the General Motors strike to maintain productive negotiations with Ford. The pattern bargaining strategy has been a very effective approach for UAW and its members to secure economic gains around salary, benefits and over $6 billion in major product investments in American facilities, creating and retaining over 8,500 jobs for our communities.”

This blog was originally published by the AFL-CIO on February 4, 2020. 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.


Share this post

Unions face another year of eroding membership as the war on workers continues

Share this post

The share of U.S. workers represented by a union ticked down slightly from 2018 to 2019, dropping from 11.7% to 11.6%; the share of U.S. workers who are union members also dropped from 10.5% to 10.3%. The overall number of workers represented by a union stayed about the same, growing by 3,000. (Interestingly, unions grew by 47,000 members in Missouri, hitting a 15-year high.)

While the picture for unions remains dim, after decades of decline, it’s worth noting that the Supreme Court’s anti-union Janus decision hasn’t—so far, anyway—dealt public-sector unions the intended death blow. “The meaningful decline in the union membership rate among local government workers (from 40.3% to 39.4%) might suggest Janus is having its intended effect. However, there was not a similar decline among state government workers,” the Economic Policy Institute reports. But “The share of state government workers who are members of unions rose substantially between 2018 and 2019, from 28.6% to 29.4%.”

This article was originally published at Daily Kos on January 25, 2020. Reprinted with permission.

About the Author: Laura Clawson is a Daily Kos contributor at Daily Kos editor since December 2006. Full-time staff since 2011, currently assistant managing editor.

Share this post

Follow this Blog

Subscribe via RSS Subscribe via RSS

Or, enter your address to follow via email:

Recent Posts

Forbes Best of the Web, Summer 2004
A Forbes "Best of the Web" Blog

Archives

  • Tracking image for JustAnswer widget
  • Find an Employment Lawyer

  • Support Workplace Fairness

 
 

Find an Employment Attorney

The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.