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Mental Health at Work and Appropriate Adjustments Managers Should Make

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Mental health in the workplace has, in recent years, become a priority for employers. Many organizations are fighting the stigmas of mental health through training programs and reasonable adjustments in the workplace, ensuring those struggling with their mental health receive the required support. 

According to the Centers for Disease Control and Prevention, 1 in 5 adults in the United States struggle with their mental health. Symptoms of mental health and the numerous struggles people face as a result don’t just affect the lives of individuals; they can also impact the businesses they work for. 

Your Responsibility as an Employer 

As an employer, you cannot ignore the seriousness of mental health and the impact this can have in the workplace. It is a fact that there are people in your workforce struggling with mental health conditions. In fact, it is estimated that around half of the US workforce suffer from mental health issues. 

Just as you would make adjustments for an employee with a physical illness or disability, employers should make reasonable adjustments within the workplace for those with mental health struggles. Below are some of the adjustments you can make. 

Flexible Working Hours 

For someone struggling with mental health, sometimes the smallest changes can make all the difference for them in managing their symptoms. One of the best reasonable adjustments you can make as an employer is to provide opportunities for flexible working. Whether you allow for later start times, remote working, or part-time options, flexible work opportunities can relieve some of the pressure on struggling employees. 

So, whether they need to attend counseling sessions, take time off for medical appointments, book a holiday, or just need to feel more in control of their schedule, allowing for flexible working hours is a reasonable option for employers keen to support their workers. 

Create Support Systems 

Mental health can be extremely isolating. Most sufferers feel embarrassed to speak up about their struggles out of fear that others might judge them. As Adam Nesenoff, an expert working in mental health recovery at Tikvah Lake Recovery states, “one of the worst effects of suffering from any mental health problem is that it often leaves people feeling alone. This is frequently made worse because there is a tendency to start isolating.” Isolation often causes symptoms to worsen. 

Support systems (otherwise known as buddy systems) help employees create connections with their colleagues, find people they can talk to, and feel more comfortable in the workplace. These support systems can be created formally or informally but they are an excellent way to support someone dealing with mental health issues. 

Introduce a Phased Return to Work 

Sometimes, employees need to request an extended period of time off work so they can receive professional support. As an employer, you should support this as much as possible. Seeking support is a huge step out of a comfort zone for many people and it is something that should be commended. 

However, after an extended period of time away from work, many returning employees can feel anxious (whether they struggle with mental health problems or not). So, it can be helpful to introduce a phased return to work. This will help employees to return to their previous duties at a pace that works for them. 

You might consider asking them to come in for a few hours or days each week at first and then building up from there. If you are unsure what is best, just speak to the individual and ask them what they would like to do. 

Address Discrimination and Fight Stigmas 

Unfortunately, there are numerous stigmas surrounding mental health. Sufferers are often faced with questions like, “isn’t it all in your head?” or “things can’t be that bad?” These kinds of responses are unhelpful and, ultimately, damaging to individuals, regularly causing mental health symptoms to worsen.  

One of the critical challenges of tackling mental health in the workplace involves confronting the stigmas and the best way to do this is through addressing the discriminations and educating your workforce. 

Despite the fact you may feel powerless to support every employee in the way they need, one of the best steps you can take is fighting stigmas. Provide mental health training for your employees, address stigmas head-on and let perpetrators know that such behavior will not be tolerated. Creating an understanding and inclusive work culture can transform the health and happiness of your employees. 

As an employer, it is your responsibility to ensure all your employees are cared for and supported in the workplace.

This blog is printed with permission.

About the author: Gemma Hart is an independent HR professional working remotely from as many coffee shops as she can find. Gemma has gained experience in a number of HR roles but now turns her focus towards growing her brand and building relationships with leading experts.


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‘We Want to See Our Families’: Frito-Lay Workers Strike Over 84-Hour Weeks, Meager Raises

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Dan DiMaggio | Labor Notes

Frito-Lay workers in Topeka, Kansas, have been on strike since Monday over low pay and forced overtime.

Some workers have been forced to work 12-hour shifts, seven days a week, for weeks on end due to short staffing. They want to see that change.

“Nobody I know loves Frito-Lay enough that they want to live there,” said Monk Drapeaux-Stewart, a box drop technician, responsible for keeping the plant’s machines supplied with cardboard. “We want to go home and see our families. We want to have our weekends off. We want to work the time that we agreed to work—and hopefully not much more than that.”

â€BOTTOM OF THE LADDER’

The last several contracts have featured lump sum bonuses most years, leaving wage rates stagnant for most classifications. Drapeaux-Stewart said he’s only gotten a 77-cent increase over the last 12 years.

Meanwhile, the Topeka area has attracted several new manufacturing facilities and large warehouses over the past 20 years, taking advantage of its location smack in the center of the country, with access to a number of highway arteries. The Frito-Lay facility, which has been around for 50 years, now competes for workers with a Mars chocolate facility, a Bimbo bread bakery, and Home Depot and Target distribution centers, as well as a Goodyear tire plant that opened in 1945 (workers there are members of the Steelworkers). A Walmart distribution center is slated to open in September.

“Between all those industries, Frito-Lay sits at the bottom of the ladder as far as wage scales,” said Mark Benaka, business manager for Bakery Workers (BCTGM) Local 218, which represents workers at Frito-Lay and Bimbo. Other local facilities have offered significant wage increases in recent weeks, Benaka said, but Frito-Lay continues to offer pennies.

“Fifteen, 20 years ago Frito-Lay had a really good reputation—all you need is a high school diploma and you’ve got this job with good pay and benefits,” said Drapeaux-Stewart, who started working at the facility 16 years ago. “But slowly all of that has been whittled away.”

That’s made it difficult to maintain workers—and led to the mountains of forced overtime.

“Conditions are really just deteriorating as each contract rolls by,” said Cheri Renfro, an operator in the Geographic Enterprise Solutions department, where workers fulfill orders for smaller mom-and-pop shops and gas stations.

Renfro estimated that the company brought in more than 350 employees in the last year—and lost the same amount. “You have to wonder as a company why wouldn’t you question that—say, â€Hey, what’s going on?’”

CONTRACT VOTED DOWN

Last week, workers voted down the latest contract offer from the company, which included a 2 percent wage increase this year and a 60-hour-a-week cap on the amount of hours a worker can be forced to work. The wages weren’t enough and the overtime cap would have meant more senior workers being forced in on weekends, workers say.

Other issues fueling workers’ anger include safety, a punitive attendance policy, and pressure from inexperienced supervisors competing for promotions. “This storm has been brewing for years,” Renfro wrote in a letter to the Topeka Capital-Journal, in which she outlined examples of the plant’s “toxic work environment,” including management keeping the line going after a worker collapsed and died and refusing bereavement leave for a worker whose father passed away during the Covid lockdown, since there was no funeral.

In late June, Local 218 members voted 353 to 30 to approve a strike.

“In the past people were afraid to go on strike—you keep hoping every contract is gonna be better,” said Renfro. “But as time has gone on the company has proven they are not gonna get better and they are not gonna work with us.”

SNACK SURGE

Frito-Lay is a division of PepsiCo and has been a major contributor to the company’s bottom line, earning $1.2 billion in profits on $4.2 billion in revenue in the first quarter. Last year, the division was responsible for over half of PepsiCo’s operating profits, with profits of $5.3 billion on $18.2 billion in revenue. PepsiCo also owns brands including Mountain Dew, Quaker Oats, Gatorade, Tropicana, and Aquafina.

Topeka is one of the largest of Frito-Lay’s 30 U.S. manufacturing facilities; most are nonunion. The 850 workers there make, package, and ship nearly every type of Frito-Lay snack: Lays potato chips, Tostitos, Cheetos, Sun Chips, Fritos, every flavor of Dorito, and more. Six hundred are members of Local 218 (Kansas is a right-to-work state).

The plant never slowed down during the pandemic, workers said. Instead, production increased, as people ate at home more and bought more comfort foods like chips. “I’ve learned that when something’s hitting Americans beneath the belt, the two main items that never suffer are snack foods and alcohol,” said Benaka, who retired from the plant in 2017 after 37 years.

Workers were at one point given an extra $20 a day to work during the pandemic, up to $100 a week—but that only lasted a few weeks. “I don’t know if they were afraid we were gonna get used to the higher wage,” said Renfro.

Production at the plant fluctuates seasonally—it’s busier in the summer and around big holidays and the Super Bowl. Workers are used to overtime during those periods. But recently the overtime has become constant. “Now we’ve having overtime when we shouldn’t be,” said Renfro—and a lot more of it.

â€I’M DONE WITH GIVING EVERYTHING TO FRITO-LAY’

Renfro said she worked 73 hours during the week leading up the Fourth of July, and then worked from 3 a.m. until 3 p.m. on the holiday. “I went to sleep—I didn’t even hear the fireworks, I was so tired.”

“I’ve had to miss going to so many holidays because I’m getting forced,” said Renfro. “I’ve had to call my mom and tell her I couldn’t make it. I don’t want to miss those moments anymore. I’m done with giving everything to Frito-Lay—my time, my holidays.”

One of the most hated forms of forced overtime at the plant is being forced to work a “suicide.” That’s when the company makes a worker stay four hours on top of their eight-hour shift, and then forces them in four hours early before their next shift—leaving them only eight hours off.

Drapeaux-Stewart said these shifts have become increasingly common, especially in departments with the worst understaffing, like the warehouse. “It’s crazy that this has become the blue-collar everyday [worker’s] new normal.”

EMPTY SCAB BUSES

The company has set up a parking lot a mile from the plant. It’s running coach buses from the lot every 15 minutes to shuttle in temporary workers and out-of-state scabs.

But strikers suspect that the buses are a ruse. “Most of these buses are completely empty, or have one to three people, not counting the driver,” said Drapeaux-Stewart. “It’s psychological warfare—they’re trying to demoralize and dispirit the men and women of the union in the hopes we’ll come groveling back for whatever crumbs they offer us.”

Benaka said the company also appears to be pulling empty trailers in and out of the facility to intimidate workers. “You’re talking about folks who’ve worked at this facility 30 or 40 years—they know what an empty trailer looks like.”

Strikers are also monitoring the facility’s smokestacks to get a sense of the strike’s impact. “There’s been no smoke, no steam, no nothing, no sign of production at all,” said Drapeaux-Stewart.

“Usually there’s always an odor coming out of Frito-Lay, but it’s been smelling really good outside,” said Renfro.

Local supporters have been donating food and water to the picket line. Some local restaurants have said they will stop serving Pepsi products. A local magazine, 785, has set up a fund to help strikers pay their water bills.

“I’m really amazed at the community support,” said Renfro. “It makes you proud to be a part of this community.”

“It’s scary but it’s exciting,” said Drapeaux-Stewart. “I have so much hope for this strike that we will finally get what we’ve needed—the guarantee of getting to see our families, and earning a living wage to support those families.”

This blog originally appeared at Labor Notes on July 10, 2021. Reprinted with permission.

About the Author: Dan Dimaggio is an assistant editor at Labor Notes.


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Talk about the Dunkin’ Donuts work­er you profiled.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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13 Things Every Teen Needs To Know About Workplace Rights

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donna ballmanSchool’s out for summer! Or it will be soon, and many teens will start summer jobs or even their very first real job. Yet schools do little, if anything, to prepare teens for the realities of the workplace. I’m always shocked when I encounter teens whose parents drag them to me after they suffer workplace abuse with no idea they have any rights at all.

So, if you’re a teen entering the workplace or thinking of applying for a job, read this. If you’re a parent, friend or relative of a teen who is entering the workforce, please print this and show it to them.Here are 13 things teens need to know about workplace rights that their school probably didn’t teach them:

1. Minimum Wage: Federal minimum wage is $7.25 per hour. However, there is something called the youth minimum wage, which means that for the first 90 calendar days of any new job you can be paid as little as $4.25 per hour if you are under 20. State minimum wages may be higher. Here in Florida, the minimum wage is $7.79. Tipped employees may be paid a minimum wage of $2.13/hour as long as their wages including tips equal at least the higher of the state and federal minimum wage. State minimum wages for tipped employees vary. In Florida, it’s $4.77/hour. More details about wages can be found here.

2. Hours: If you are under 16, under Federal law your work hours are limited. You can’t work during school hours at all, and you can’t work more than 3 hours on a school day, including Friday; more than 18 hours a week when school is in session; more than 8 hours a day when school is not in session; more than 40 hours a week when school is not in session; and before 7 a.m. or after 7 p.m. on any day, except from June 1st through Labor Day, when you can work until 9 p.m. Federal law doesn’t limit work hours for teens 16 or older, but yourstate laws may. For instance, Florida law says if you’re under 18 you can’t work during school hours (with exceptions), and that if you’re 16 or 17 you may only work up to 30 hours per week, not before 6:30 a.m. or later than 11 p.m. and for no more than 8 hours a day when school is scheduled the following day, and for no more than 6 consecutive days.

3. Breaks: Federal law doesn’t require any work breaks. However, many states require work breaks, especially for workers under 18. In Florida, workers under 18 are not allowed to work more than 4 consecutive hours without a 30 minute uninterrupted work break. For breaks of more than 20 minutes, employers don’t have to pay. Breaks 20 minutes and under are hours worked that need to be paid.

4. Sexual Harassment: If your boss, coworker, customer, vendor or potential boss is harassing you because of your gender or gender identity, that’s sexual harassment, and it’s illegal. This includes unwanted sexual advances, requests for sexual favors, offensive comments about men or women in general, off-color jokes, touching, and other harassment that is either so severe or so frequent that it alters the terms and conditions of your employment. A single offhand comment may not be sexual harassment, but a single incident that is severe could be. As a minor, you have added protection. Any adult sexually harassing you is probably committing a crime, and could be a sexual predator. It is really important that you read the company’s sexual harassment policy when you start working and write down where you are supposed to report it if it occurs. You don’t have to be afraid, and you should not let yourself become a victim. People you can and probably should report sexual harassment to are your Human Resources department at work and your parents. If you’ve been touched, then you may want to contact the police. If you see someone else being sexually harassed, you should report it. Harassers will keep doing it, and their behavior will get worse, unless an adult stops them.

5. Contracts: In most states, if you’re under 18 you can’t be bound by a contract, including an employment contract. You (or your parents) can void a contract you’ve signed while underage. However, once you turn 18, you probably can’t void it anymore. Employment contracts might have provisions saying you can’t work for a competitor for a year or two, waiving your right to a jury trial, confidentiality obligations, and other important clauses. If you are asked to sign a contract, always read it and keep a copy once you’ve signed. If you don’t understand it, talk to your parents or an employment lawyer in your state about it.

6. Internships: While many teens take unpaid internships for the summer, most employers get internships wrong. If your internship is not a real learning experience for you, then you probably have to be paid for the work you do. An internship is supposed to be training similar to that you would receive in a vocational school. Filing, stuffing envelopes, and answering phones should normally be paid. Internship assignments should build on each other so you develop more skills, similar to the way each chapter of a textbook builds on the other. You should be getting training that benefits you, and you should be getting more benefit than the company. If they can make money off what you’re doing, or if you’re saving them from having to pay another employee, you probably have to be paid.

7. At-will: If you live anywhere but Montana, your employment is probably at-will, meaning your employer can fire you for any reason or no reason at all (with some exceptions). They can fire you because they’re in a bad mood, because they didn’t like your shirt, or because you lipped off to them like you lip off to your parents. Exceptions that would make a firing illegal include firing due to discrimination, making a worker’s comp claim, and blowing the whistle on illegal activity of the company. If your boss tells you to do something that isn’t illegal (or sexual harassment), then do it. No eye-rolling, back-talk or attitude.

8. Social Media and Cell Phones: You are expected to work during work hours. That means no texting, emailing, calling, tweeting, instagraming, facebooking, downloading, or surfing at work, unless it’s work-related. If you check your texts, emails, or social media on a company computer, cell phone or other device, the company probably has the right to look at it. If you view or send inappropriate pictures, jokes, or videos, you can be fired for doing so. There is very little privacy in the workplace, and you have few rights. Assume you’re being watched at all times at work and you won’t go wrong. Oh, and remember all those party pics and embarrassing photos you posted before you started applying for work? Employers and potential employers can see them. You probably want to check your social media pages and pull down anything you can that might be inappropriate for an employer to see.

9. Human Resources: If your employer is big enough, you probably have someone who is designated as the Human Resources person or a whole department called “Human Resources.” It may be referred to as HR. This is the place to go for information about work rules, to report sexual harassment or discrimination, and you’ll probably have to go there on your first day to fill out a stack of forms. While they can be very helpful if you have questions or concerns, they aren’t your buddies. Human Resources represents your employer, not you. They aren’t your mom or your best friend, so don’t go to them with every petty complaint, confess you did something wrong, or tell them about the wild party you went to over the weekend. Keep it professional.

10. Discrimination: Discrimination against you for being you isn’t illegal. However, discrimination and harassment due to race, sex, sexual identity, national origin, disability, religion, color, pregnancy and genetic information are. In some states, there are more categories of illegal discrimination. For instance, in Florida it’s illegal to discriminate against you because you’re too young or because of marital status. Whether sexual orientation is a protected category depends on your state and local law. No federal law bars sexual orientation discrimination.

11. Bullying: While your school might have zero tolerance for bullying, your workplace may be a bullying free-for-all. No federal or state law exists that prohibits workplace bullying. However, workplace bullies are very much like school bullies: they focus on the weak and the different. If you need to complain about a bully, make sure you do it in a way that’s protected. If the bully is picking on the weak, are they weak because of a disability, pregnancy, or age? If they’re picking on the different, is the difference based on race, national origin, age, or religion? If you report illegal discrimination, the law protects you from retaliation. If you report bullying, no law protects you.

12. Dangerous Work: It is every employer’s duty to maintain a safe workplace. If you think your workplace is unsafe, you can contact the Occupational Safety and Health Administration (OSHA) to report dangerous conditions and get more information. Certain jobs are deemed too hazardous for teens under 18 to do. A plain English description of the 17 jobs considered too dangerous for minors is here. There’s a different list for agricultural workthat applies to workers under 16.

13. What Kind Of Work You Can Do: Depending on your age, there may be limits on the type of work you can do. If you are under 14, you can work, but your options are limited. You can deliver newspapers, babysit, act or perform, work as a homeworker gathering evergreens and making evergreen wreaths, or work for a business owned by your parents as long as it’s not mining, manufacturing or one of the occupations designated as hazardous. If you are 14 or 15, you can do things like retail, lifeguarding, running errands, creative work, computer work, clean-up and yard work that doesn’t use dangerous equipment, some food service and other restaurant work, some grocery work, loading and unloading, and even do some work in sawmills and wood shops. We’re talking non-manufacturing and non-hazardous jobs only. If you are 16 or 17, you can do any job that isn’t labeled as hazardous.

The Department of Labor has a website where you can get more information about employment laws that apply to teens. An interactive advisor about federal law may be foundhere.

Of course, my book Stand Up For Yourself Without Getting Fired can help anyone new to the workplace since it covers how to handle workplace crises and issues from the interview and application, to your first day and that giant stack of papers, to workplace disputes, to promotions, to termination, and even post-termination.

This article was originally printed on Screw You Guys, I’m Going Home on May 24, 2013.  Reprinted with permission.
About the Author: Donna Ballman is the award-winning author of Stand Up For Yourself Without Getting Fired: Resolve Workplace Crises Before You Quit, Get Axed or Sue the Bastards.  The book won the Law category of the 2012 USA Best Book Awards.  She’s been practicing employment law, including negotiating severance agreements and litigating discrimination, sexual harassment, noncompete agreements, and employment law issues in Florida since 1986.  She also leads her legal team at Donna M. Ballman, P.A.

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