New Domestic Workers Bill of Rights Would Remedy Decades of Injustice

From The Nation Magazine:

There are about 2 million domestic workers in the country, a workforce that is only growing larger as baby boomers age and millennials have children. But despite the size of the workforce and the importance of the work it performs, domestic workers are excluded from basic workplace protections and face rampant abuse and exploitation. Eight states and Seattle have passed bills of domestic-worker rights that extend some of these protections, but outside of those places, domestic workers labor in people’s homes with little recourse if they get hurt or taken advantage of.

That could change under legislation that was just unveiled in Congress. On Wednesday, Senator Kamala Harris and Representative Pramila Jayapal announced a federal bill of rights for domestic workers, the first-ever nationwide legislation that would extend working rights to domestic workers and offer them financial stability and safety. The bill would ensure that domestic workers are covered by some basic labor laws: the right to overtime pay when they put in more than 40 hours a week, to the protections of the Occupational Safety and Health Administration, to form unions, and to recourse against harassment and discrimination. It also extends new ones, such as the right to meal and rest breaks, paid sick days, advanced notice of scheduling, written agreements, and privacy and other protections for live-in workers.

As of 2012, domestic workers made less than $11 an hour at the median, while nearly a quarter were paid less than their state’s minimum wage. They very rarely get health insurance or retirement benefits from work. Their schedules are usually dictated by their employer’s whims and wishes, even when this interferes with sleeping and eating. Rates of injury are high, as are incidents of discrimination and harassment.

Read the complete article here.

Sex Workers Say Incel Campaign to Report Them to IRS Won’t Work

From today’s Rolling Stone Magazine:

A few angry men on the internet have launched a campaign encouraging others to report sex workers to the IRS for failing to report income they make online, claiming they’ll get a cut of any back taxes collected as a reward for being “whistleblowers.” The campaign, dubbed the “Thot Audit,” is circulating around misogynist “men’s rights” and incel (involuntary celibate) circles on Twitter and Reddit along with a lot of anti-women, anti-sex worker rhetoric. Sure, it’s cruel — but does it pose a real threat?

“I’m not concerned about being reported,” says Rachel, who works as a financial dominatrix. “The IRS is not only heavily overburdened, I’d be shocked to find someone had even one-sixteenth of the necessary information to file form 3949-A [the form used to report another person for non-payment].”

“The presence of any kind of real threat here seems to be mitigated by people who are more interested in being granted some kind of permission to harass sex workers,” she says. “Boredom will inevitably set in, and the ‘thot audit’ campaign will be put to bed soon.”

Christopher Kirk, a tax attorney who works with sex workers and other alternative communities, agrees that this is likely an empty threat.

“I don’t think that cam girls and other online sex workers are at a very high risk of being audited as a result of this harassment campaign,” he says. “The IRS requires rather detailed information from whistleblowers, including, at the very least, the taxpayer’s legal name and location. While some cam girls and other online sex workers may operate under their legal name, I doubt many do.”

“Moreover,” Kirk says, “the Service wants actionable information about significant tax issues, not guesses, and the program is not a forum for people with an ax to grind. Because the incel trolls engaging in the #thotaudit campaign likely have no idea whether their targets file taxes or report the income from their online work, I don’t think it likely that such reporting will actually trigger an audit.”

He says the best way for sex workers to protect themselves is to file their taxes, reporting their income as accurately as possible, and keeping receipts for any business expenses so they have a paper trail if they ever do get audited.

Read the complete article here.

Breaking: Uber Is Target of Sex Discrimination Inquiry by EEOC

From today’s New York Times:

Federal officials are investigating allegations that Uber discriminated against women in hiring and pay, another federal inquiry into a company that has been rocked by scandals over its workplace culture and other issues.

The Equal Employment Opportunity Commission, which polices work force discrimination, began investigating Uber last August, according to two people familiar with the inquiry who declined to be identified because they were not authorized to discuss an active investigation.

The commission is examining whether Uber systematically paid women less than men and discriminated against women in the hiring process, among other matters, one of the people said. The Wall Street Journal earlier reported the investigation.

The investigation shows how difficult it has been for Uber to move past its tumultuous 2017. The company faced numerous accusations of workplacesex discrimination and harassment last year, as well as allegations of illegal behavior by its executives, such as spying on and stealing secretsfrom rivals. The scandals forced out Uber’s co-founder and chief executive, Travis Kalanick. His successor, Dara Khosrowshahi, has pledged to reformthe company.

 Last week, The New York Times reported that Uber’s new chief operating officer, Barney Harford, a handpicked deputy of Mr. Khosrowshahi’s, was under scrutiny for making racially insensitive comments. Also last week, Uber’s chief people officer, Liane Hornsey, resigned amid accusations that she improperly handled complaints of racial discrimination at the company.

Read the complete article here.

Record numbers of folks age 85+ are working. Here’s what they’re doing.

From today’s Washington Post:

Seventy may be the new 60, and 80 may be the new 70, but 85 is still pretty old to work in America. Yet in some ways, it is the era of the very old worker in America.

Overall, 255,000 Americans 85 years old or older were working over the past 12 months. That’s 4.4 percent of Americans that age, up from 2.6 percent in 2006, before the recession. It’s the highest number on record.

They’re doing all sorts of jobs — crossing guards, farmers and ranchers, even truckers, as my colleague Heather Long revealed in a front-page story last week. Indeed, there are between 1,000 and 3,000 U.S. truckers age 85 or older, based on 2016 Census Bureau figures. Their ranks have roughly doubled since the Great Recession.

America’s aging workforce has defined the post-Great Recession labor market. Baby boomers and their parents are working longeras life expectancies grow, retirement plans shrink, education levels rise and work becomes less physically demanding. Labor Department figures show that at every year of age above 55, U.S. residents are working or looking for work at the highest rates on record.

At the lower end of the age curve, the opposite holds true. Workers age 30 and younger are staying on the sidelines at rates not seen since the 1960s and ’70s, when women weren’t yet entering the workforce at the level they are today.

Read the complete article here.

Robots or Job Training: Manufacturers Struggle to Improve Economic Fortunes

From today’s New York Times:

For Anthony Nighswander, rock-bottom unemployment is both a headache and an opportunity. For businesses and workers, it could be the key to reversing one of the country’s most vexing economic problems: slow productivity growth.

Mr. Nighswander is president of APT Manufacturing Solutions, which builds and installs robotic equipment to help other manufacturers automate their assembly lines. Lately, business has been booming: With the unemployment rate now below 4 percent, he says he gets calls every day from companies looking for robots to help ease their labor crunch.

The problem is that Mr. Nighswander faces a hiring challenge in his own business, especially because, in this town of fewer than 4,000 people near the Indiana border, the pool of skilled workers is shallow. But rather than turn to robots himself, he has adopted a lower-tech solution: training. APT has begun offering apprenticeships, covering the cost of college for its workers, and three years ago it started teaching manufacturing skills to high school students.

 “I never thought that I would be training high school students in our facilities,” Mr. Nighswander said. “What I knew was that I was in survival mode. I knew the orders for robots and for automation were coming in faster than I could get the jobs out.”
That kind of urgency could prove to be a powerful economic force. The investments in training and automation by Mr. Nighswander and his customers should, over time, make their companies more productive. Multiplied across thousands of companies, those decisions could have benefits for companies and workers that endure even after today’s hot economy inevitably cools.
Productivity — how much value the economy generates in an average hour of work — gets less public attention than more intuitive economic concepts such as employment and wages, but it may be even more fundamental.
Rising productivity — whether through better technology, more educated workers or smarter business strategies — is why people’s economic fortunes, on average, improve over time. When productivity growth is strong, companies can afford to pay workers more without eating into their own profit margins, letting a rising tide lift all boats.
Since the end of the Great Recession, however — and, to a lesser extent, even during the stronger economic times that preceded it — productivity growth has been confoundingly weak, forcing business owners and workers to compete over a relatively meager sliver of economic growth. There have been peaks and valleys, but not since the dot-com boom of the late 1990s and early 2000s has the American economy consistently delivered productivity growth above 2 percent a year.
Now some economists think a rebound could be on the way. For most of the recovery, wage growth has been anemic, suggesting companies faced relatively little pressure to invest in automation or to find other ways to squeeze more production out of workers. But as the labor market tightens, companies’ incentives could be changing.

Read the complete article here.

California’s top court makes it more difficult for employers to classify workers as independent contractors

From today’s Los Angeles Times:

In a ruling that could change the workplace status of people across the state, the California Supreme Court made it harder Monday for employers to classify their workers as independent contractors.

The unanimous decision has implications for the growing gig economy, such as Uber, Lyft and other app-driven services — but it could extend to nearly every employment sector.

In recent years, the hiring of workers as independent contractors — not subject to government rules on minimum wage, overtime and rest breaks — has exploded. A 2016 study by economists at Harvard and Princeton universities estimated 12.5 million people were considered independent contractors, or 8.4% of the U.S. workforce.

The ruling is likely to lead many employers in California to immediately question whether they should reclassify independent contractors rather than face stiff fines for misclassification, employment lawyers said.

“A huge number of businesses will be calling their lawyers saying ‘What should I do?'” said Michael Chasalow, a professor at the USC Gould School of Law.

To classify someone as an independent contractor, the court said, businesses must show that the worker is free from the control and direction of the employer; performs work that is outside the hirer’s core business; and customarily engages in “an independently established trade, occupation or business.”

“When a worker has not independently decided to engage in an independently established business but instead is simply designated an independent contractor … there is a substantial risk that the hiring business is attempting to evade the demands of an applicable wage order through misclassification,” Chief Justice Tani Cantil-Sakauye wrote for the court.

A worker may be denied the status of employee “only if the worker is the type of traditional independent contractor — such as an independent plumber or electrician — who would not reasonably have been viewed as working in the hiring business,” the court said.

Instead, an independent contractor would be understood to be working “in his or her own independent business,” Cantil-Sakauye wrote.

The court offered examples: A plumber temporarily hired by a store to repair a leak or an electrician to install a line would be an independent contractor. But a seamstress who works at home to make dresses for a clothing manufacturer from cloth and patterns supplied by the company, or a cake decorator who works on a regular basis on custom-designed cakes would be employees.

Read the complete article here.

The Case for a Federal Jobs Guarantee

From the New York Times “Opinion” Section by Eric Loomis:

Employment numbers may look solid now, but economists, physicists and industrial engineers all say that automation will, in the not-so-distant future, drive higher unemployment. The Columbus Dispatch recently calculated that in Ohio, out of total state employment of about 5.5 million workers, 2.5 million jobs are at risk of automation.

How do we prepare for such disruption and the future of work? We might revisit an idea from the 1970s: a federal guarantee of employment. In recent weeks, three Democratic senators (and likely presidential contenders) — Kirsten Gillibrand of New York, Cory Booker of New Jersey and Bernie Sanders of Vermont — have either expressed their approval of the idea or unveiled initial ideas about how an updated version could work.

They are building on the legacy of the Humphrey-Hawkins Act, introduced in the 1970s by Senator Hubert Humphrey, Democrat of Minnesota, and Representative Augustus Hawkins, Democrat of California. In addition to the guarantee of employment, their initial bill allowed citizens to sue the government if they could not find a job.

Resurrecting Humphrey-Hawkins can help pre-empt a technology crisis and even future labor dislocation from globalization. In the original Humphrey-Hawkins bill — not the watered-down version that ultimately passed in 1978 — the president would submit an annual plan to Congress to achieve full employment, and local committees would coordinate job needs in their communities. The bill would have spurred private-sector job creation and a New Deal-style federal job creation program. Private employment would limit government investment, while federally mandated wage and price controls would fight inflation.

The final bill fell far short of this. Unions stripped out the wage and price controls in exchange for their support and put a priority on negotiating better contracts for their members over the fate of the nation’s poor. The Carter administration fretted about the potential impact on inflation from a bill without those controls. President Jimmy Carter never truly supported it, and the bill that passed committed the nation to ending inflation more than to full employment. Since then, the idea of full employment has largely disappeared from the American political system.

The arguments against Humphrey-Hawkins in 1978 are largely irrelevant today. After decades of low inflation, wage and price controls are unlikely to be problems. Mr. Booker’s pilot plan to test these ideas in 15 areas of the country builds on the Great Society belief in community control over federal resources.

Read the complete article here.

Local: Jobs and work support could curtail LA’s stubborn homeless crisis

From today’s LA Times:

Providing jobs and other aid to Los Angeles County residents soon after they land in the streets could help prevent 2,600 to 5,200 people a year from falling into persistent homelessness, according to a new study from a liberal think tank.

The “Escape Routes” study from the nonprofit Economic Roundtable zeroes in on a key dilemma in Los Angeles’ homelessness crisis: Even as officials have moved 33,000 homeless people into permanent housing since 2013 and launched a $1.2-billion construction program, high rents, job loss and medical crises continue to push people out of their homes.

Without early intervention, thousands of these people will become mired in chronic homelessness, deepening the region’s stubborn problem, the study found.

“Housing alone is not enough to end homelessness. The steady flow of new people into chronic homelessness keeps moving the goalposts back,” Dan Flaming, president of Economic Roundtable, said in a statement.

The researchers combined 26 data sources — including county healthcare and social services records, the U.S. Census and homeless counts and demographic surveys — to sketch what experts called a novel portrait of people at risk of falling into chronic homelessness, as well as recommendations of how to help them.

For several years running, Los Angeles has topped the nation in chronically homeless people, with 16,576 in the 2017 count, the most recent available.

Dennis Culhane, a University of Pennsylvania professor and a leading researcher of homeless demographics, said one of the most important findings was that 150,000 people in L.A. County are homeless in a year, although many resolve their crises on their own.

Because more than three-quarters of L.A.’s homeless people live outdoors in camps or vehicles, the official homeless count — a three-day snapshot of people living in the streets and shelters — has always been suspect, Culhane said.

The study says the number of people languishing in homelessness can be reduced, but not without a big investment. Many homeless people are eager to work, particularly those with children, but they need childcare, transportation, temporary housing, training and in some cases government-funded jobs to bring them into the work force, study said.

Read the complete article here.

Public Servants Are Losing Their Foothold in the Middle Class

From today’s New York Times:

The anxiety and seething anger that followed the disappearance of middle-income jobs in factory towns has helped reshape the American political map and topple longstanding policies on tariffs and immigration.

But globalization and automation aren’t the only forces responsible for the loss of those reliable paychecks. So is the steady erosion of the public sector.

For generations of Americans, working for a state or local government — as a teacher, firefighter, bus driver or nurse — provided a comfortable nook in the middle class. No less than automobile assembly lines and steel plants, the public sector ensured that even workers without a college education could afford a home, a minivan, movie nights and a family vacation.

In recent years, though, the ranks of state and local employees have languished even as the populations they serve have grown. They now account for the smallest share of the American civilian work force since 1967.

The 19.5 million workers who remain are finding themselves financially downgraded. Teachers who have been protesting low wages and sparse resources in OklahomaWest Virginia and Kentucky — and those in Arizona who say they plan to walk out on Thursday — are just one thread in that larger skein.

The private sector has been more welcoming. During 97 consecutive months of job growth, it created 18.6 million positions, a 17 percent increase.

But that impressive streak comes with an asterisk. Many of the jobs created — most in service industries — lack stability and security. They pay little more than the minimum wage and lack predictable hours, insurance, sick days or parental leave.

The result is that the foundation of the middle class continues to be gnawed away even as help-wanted ads multiply.

Read the complete article here.

Deadline Is Today in McDonald’s Labor Case That Could Affect Millions

From today’s New York Times:

The Trump appointee charged with enforcing federal labor rights is scrambling to head off a court ruling in a case against McDonald’s that could redefine the accountability of companies for the labor practices of their franchisees.

The official, the general counsel of the National Labor Relations Board, has been exploring settlement terms with workers at the center of the board’s complaint against McDonald’s, according to lawyers involved in the case. A judge had halted the trial until Monday to give the agency a chance to do so.

If no settlement is reached and the judge were to rule against the company, the decision could have enormous implications for the franchise business model, affecting millions of workers in the fast-food industry and beyond. Corporations could be required to bargain with unionized workers at disparate franchise locations.

The National Labor Relations Board did not respond to a request for comment. A McDonald’s spokeswoman said that “settlement discussions are a normal part of any litigation process.”

The case was brought during the Obama administration, when the board was under Democratic control. Since President Trump’s election, Republican members have regained a majority, steering the board away from a pro-labor orientation.

Read the complete article here.