Labor Department moves to ease franchise liability for wage violations

From today’s Reuters News:

The U.S. Department of Labor on Monday issued a proposal that would make it more difficult to prove companies are liable for the wage law violations of their contractors or franchisees, a top priority for business groups.

If adopted, the rule would likely help fast-food companies and other franchisors who have been sued by workers in recent years for wage-law violations by franchisees.

The department in 2017 had already repudiated legal guidance issued by the Obama administration that had expanded the circumstances in which a company could be considered a so-called joint employer under the federal Fair Labor Standards Act (FLSA).

Labor Secretary Alexander Acosta in a statement said Monday’s proposal would reduce litigation under the FLSA and provide clarity to businesses and courts. The FLSA mandates that workers be paid the minimum wage and overtime, among other requirements.

Publication of the rule kicked off a 60-day public comment period.

Under the proposal, companies would be considered joint employers only if they hire, fire, and supervise employees, set their pay, and maintain employment records. That would likely exclude many franchisors and companies that hire contract labor.

Read the complete article here.

Rap Sheets Haunt Former Inmates. California May Change That.

From today’s New York Times:

After spending more than seven years in prison for robbery and auto theft, Jay Jordan tried to get work selling insurance, real estate and used cars, but was repeatedly turned away, he said.

People with a felony record are often barred from obtaining professional licenses, and an opportunity to be a barber at a friend’s shop fell through for the same reason. A nonprofit program he started ran into trouble when a school sought to prevent him from meeting with students because of his criminal past — a history that began when he stole a car at 18, almost 15 years ago.

Under a bill now making its way through the California State Legislature, millions of people in the state who have misdemeanor or lower-level felony records could be spared those problems: their criminal records would automatically be sealed from public view once they completed prison or jail sentences. The legislation would not apply to people convicted of committing the most serious crimes, like murder or rape.

“There are so many of us who just want to be better, but are constantly turned down, turned away,” said Mr. Jordan, who is now project director for Time Done, a program that is part of Californians for Safety and Justice, a nonprofit that advocates to make the criminal justice system less punitive.

In the United States, a record showing a criminal conviction or even an arrest that does not lead to a conviction can make it nearly impossiblefor someone to find jobs or apartments or to obtain professional licenses like those required in many states for barbers or real estate agents.

One in three Americans has a criminal record, according to the Justice Department, and a National Institute of Justice study found that having a criminal record reduced the chance of getting a job offer or a callback by 50 percent.

The legislation, introduced last week in the State Assembly, would make California — where an estimated eight million people have criminal records — the first state in the nation to automatically scrub the rap sheets of people whose records qualify. The law would apply retroactively, meaning that people arrested or convicted of various crimes dating back decades would have their records automatically sealed. The records would still be accessible to law enforcement agencies, but not to members of the general public, including potential landlords and employers.

Read the complete article here.


Want to Close the Pay Gap? Pay Transparency Will Help

From today’s New York Times:

Here’s what we know about salary transparency: Workers are more motivated when salaries are transparent. They work harder, they’re more productive, and they’re better at collaborating with colleagues. Across the board, pay transparency seems to be a good thing.

Transparency isn’t just about business bottom line, however. Researchers say transparency is important because keeping salaries secret reinforces discrimination.

“From a worker’s perspective, without accurate information about peer compensation, they may not know when they’re being underpaid,” said Emiliano Huet-Vaughn, an economist at U.C.L.A. who ran a study in 2013 that found workers are more productive when salary is transparent. Without knowing what other workers’ salaries look like, “it naturally becomes harder to make the case that one is suffering a form of pay discrimination,” Dr. Huet-Vaughn said.

For example, in 2017, the Department of Labor filed a lawsuit and investigation against Google. Their regional director Janette Wipper told the Guardian, “discrimination against women in Google is quite extreme, even in this industry.” The suit claimed that Google refused to disclose data on employee salary history, as required by equal opportunity laws.

Which brings us to the wage gap. Rather than a deliberate, methodical attempt to sabotage women’s earnings, often the wage gap takes on more subtle, but no less detrimental forms. For example, women are viewed as less likable when they negotiate. They’re also less likely than men to get what they want when they ask for a raise, according to Harvard Business Review.

Read the complete article here.

MLK’s Final Speech on #WorkRights during Memphis sanitation strike

Dr. Martin Luther King, Jr. delivered this speech in support of the striking sanitation workers at Mason Temple in Memphis, TN on April 3, 1968, the day before he was assassinated.

Let us keep the issues where they are. The issue is injustice. The issue is the refusal of Memphis to be fair and honest in its dealings with its public servants, who happen to be sanitation workers. Now, we’ve got to keep attention on that. That’s always the problem with a little violence. You know what happened the other day, and the press dealt only with the window-breaking. I read the articles. They very seldom got around to mentioning the fact that one thousand, three hundred sanitation workers were on strike, and that Memphis is not being fair to them, and that Mayor Loeb is in dire need of a doctor. They didn’t get around to that.

…Now we’ve got to go on to Memphis just like that. I call upon you to be with us Monday. Now about injunctions: We have an injunction and we’re going into court tomorrow morning to fight this illegal, unconstitutional injunction. All we say to America is, “Be true to what you said on paper.” If I lived in China or even Russia, or any totalitarian country, maybe I could understand the denial of certain basic First Amendment privileges, because they hadn’t committed themselves to that over there. But somewhere I read of the freedom of assembly. Somewhere I read of the freedom of speech. Somewhere I read of the freedom of the press. Somewhere I read that the greatness of America is the right to protest for right. And so just as I say, we aren’t going to let any injunction turn us around. We are going on.

…Now the other thing we’ll have to do is this: Always anchor our external direct action with the power of economic withdrawal. Now, we are poor people, individually, we are poor when you compare us with white society in America. We are poor. Never stop and forget that collectively, that means all of us together, collectively we are richer than all the nations in the world, with the exception of nine. Did you ever think about that? After you leave the United States, Soviet Russia, Great Britain, West Germany, France, and I could name the others, the Negro collectively is richer than most nations of the world. We have an annual income of more than thirty billion dollars a year, which is more than all of the exports of the United States, and more than the national budget of Canada. Did you know that? That’s power right there, if we know how to pool it.

…And so, as a result of this, we are asking you tonight, to go out and tell your neighbors not to buy Coca-Cola in Memphis. Go by and tell them not to buy Sealtest milk. Tell them not to buy—what is the other bread?—Wonder Bread. And what is the other bread company, Jesse? Tell them not to buy Hart’s bread. As Jesse Jackson has said, up to now, only the garbage men have been feeling pain; now we must kind of redistribute the pain. We are choosing these companies because they haven’t been fair in their hiring policies; and we are choosing them because they can begin the process of saying, they are going to support the needs and the rights of these men who are on strike. And then they can move on downtown and tell Mayor Loeb to do what is right.

But not only that, we’ve got to strengthen black institutions. I call upon you to take your money out of the banks downtown and deposit your money in Tri-State Bank—we want a “bank-in” movement in Memphis. So go by the savings and loan association. I’m not asking you something we don’t do ourselves at SCLC. Judge Hooks and others will tell you that we have an account here in the savings and loan association from the Southern Christian Leadership Conference. We’re just telling you to follow what we’re doing. Put your money there. You have six or seven black insurance companies in Memphis. Take out your insurance there. We want to have an “insurance-in.”

Now these are some practical things we can do. We begin the process of building a greater economic base. And at the same time, we are putting pressure where it really hurts. I ask you to follow through here.

Now, let me say as I move to my conclusion that we’ve got to give ourselves to this struggle until the end. Nothing would be more tragic than to stop at this point, in Memphis. We’ve got to see it through. And when we have our march, you need to be there. Be concerned about your brother. You may not be on strike. But either we go up together, or we go down together.

That’s the question before you tonight. Not, “If I stop to help the sanitation workers, what will happen to all of the hours that I usually spend in my office every day and every week as a pastor?” The question is not, “If I stop to help this man in need, what will happen to me?” “If I do not stop to help the sanitation workers, what will happen to them?” That’s the question.

Let us rise up tonight with a greater readiness. Let us stand with a greater determination. And let us move on in these powerful days, these days of challenge to make America what it ought to be. We have an opportunity to make America a better nation. And I want to thank God, once more, for allowing me to be here with you.

Well, I don’t know what will happen now. We’ve got some difficult days ahead. But it doesn’t matter with me now. Because I’ve been to the mountaintop. And I don’t mind. Like anybody, I would like to live a long life. Longevity has its place. But I’m not concerned about that now. I just want to do God’s will. And He’s allowed me to go up to the mountain. And I’ve looked over. And I’ve seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land. And I’m happy, tonight. I’m not worried about anything. I’m not fearing any man. Mine eyes have seen the glory of the coming of the Lord.

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.

As Immigrant Farmworkers Become More Scarce, Robots Replace Humans

From today’s New York Times:

As a boy, Abel Montoya remembers his father arriving home from the lettuce fields each evening, the picture of exhaustion, mud caked knee-high on his trousers. “Dad wanted me to stay away from manual labor. He was keen for me to stick to the books,” Mr. Montoya said. So he did, and went to college.

Yet Mr. Montoya, a 28-year-old immigrant’s son, recently took a job at a lettuce-packing facility, where it is wet, loud, freezing — and much of the work is physically taxing, even mind-numbing.

Now, though, he can delegate some of the worst work to robots.

Mr. Montoya is among a new generation of farmworkers here at Taylor Farms, one of the world’s largest producers and sellers of fresh-cut vegetables, which recently unveiled a fleet of robots designed to replace humans — one of the agriculture industry’s latest answers to a diminishing supply of immigrant labor.

The smart machines can assemble 60 to 80 salad bags a minute, double the output of a worker.

Enlisting robots made sound economic sense, Taylor Farms officials said, for a company seeking to capitalize on Americans’ insatiable appetite for healthy fare at a time when it cannot recruit enough people to work in the fields or the factory.

Read the complete article here.

Disneyland reaches a tentative contract settlement with workers, ending a heated battle that lasted months

From today’s Los Angeles Times:

Walt Disney Co. reached a tentative settlement Monday with four unions at the Disneyland Resort, putting an end to a contentious dispute that attracted the attention of Sen. Bernie Sanders and prompted a ballot measure to require the Burbank media giant to pay resort workers a “living wage.”

Although details of the settlement were not disclosed, the agreement appears to end a heated, months-long contract dispute with about 9,700 employees who work in the eateries and retail shops, operate the attractions and provide maintenance at the two Anaheim theme parks, the Disney hotels and nearby shopping district.

“The Disneyland Resort and Master Services Council are proud to have reached a tentative agreement, which we are hopeful will be ratified later this week,” the park and the council that represents the workers said in a joint statement. “We have had a successful history of working together since Disneyland Park opened in 1955, and this contract continues that shared commitment to cast members.”

Union members vote on the proposed contract Thursday. Negotiations began in April for the contract that was set to end in June. Employees have been working under an extension to the contract.

The unions have been pushing Disney to pay a “living wage” by, among other tactics, commissioning a study that looked at the economic hardship of the workers and sponsoring a rally featuring Sanders, who called on Disney to share its wealth with employees who are struggling to make ends meet.

The unions were successful in collecting at least 13,185 valid signatures — or at least 10% of the city’s voters — to put on the Nov. 6 ballot a measure requiring large hospitality companies that accept a subsidy from the city to pay at least $15 an hour, with salaries rising $1 an hour every Jan. 1 through 2022. Once the wage reaches $18 an hour, annual raises would then be tied to the cost of living.

Read the complete article here.

Work Productivity: Laptops Are Great. But Not During a Lecture or a Meeting.

From today’s New York Times by Susan Dynarski:

Step into any college lecture hall and you are likely to find a sea of students typing away at open, glowing laptops as the professor speaks. But you won’t see that when I’m teaching.

Though I make a few exceptions, I generally ban electronics, including laptops, in my classes and research seminars.

That may seem extreme. After all, with laptops, students can, in some ways, absorb more from lectures than they can with just paper and pen. They can download course readings, look up unfamiliar concepts on the fly and create an accurate, well-organized record of the lecture material. All of that is good.

But a growing body of evidence shows that over all, college students learn less when they use computers or tablets during lectures. They also tend to earn worse grades. The research is unequivocal: Laptops distract from learning, both for users and for those around them. It’s not much of a leap to expect that electronics also undermine learning in high school classrooms or that they hurt productivity in meetings in all kinds of workplaces.

Measuring the effect of laptops on learning is tough. One problem is that students don’t all use laptops the same way. It might be that dedicated students, who tend to earn high grades, use them more frequently in classes. It might be that the most distracted students turn to their laptops whenever they are bored. In any case, a simple comparison of performance may confuse the effect of laptops with the characteristics of the students who choose to use them. Researchers call this “selection bias.”

Read the entire article here.

On Sex Discrimination, Men at Work Wonder if They’ve Overstepped

From Nov. 10 New York Times by Nellie Bowles:

It has been a confusing season for America’s working men, as the conversation around workplace harassment reveals it to be a nationwide epidemic — and many men wonder if they were involved or ignored the signs.

Consider Owen Cunningham, a director at San Francisco’s KBM-Hogue design firm. When he looks toward the annual corporate holiday party these days, he shudders.

“Cancel the holiday party,” said Mr. Cunningham, 37, adding that he means just until it has been figured out how men and women should interact. He said he considered himself progressive on gender issues but was thinking more about the behavior he had seen in the past: “What flirting is O.K.? Was I ever taking advantage of any meager power I had? You start to wonder.”

Across white-collar workplaces, rank-and-file men are awakening to the prevalence of sexual harassment and assault after high-profile cases including those of Harvey Weinstein, Mark Halperin and Louis C.K. Those cases helped inspire the #MeToo campaign, in which thousands of women have posted about their own harassment experiences on social media. Now many men who like to think they treat women as equals in the workplace are starting to look back at their own behavior and are wondering if they, too, have overstepped at work — in overt or subtle ways that would get them included in a #MeToo post.

“I don’t think I’ve done anything wrong,” said Nick Matthews, 42, who works at PwC, formerly PricewaterhouseCoopers, and lives in San Francisco. “But has anything I’ve done been interpreted another way?”

Read entire article here.

Employees do want their job to matter, but meaning at work can be hard to find

From today’s Chicago Tribune by Alexia Elejalde-Ruiz:

Jennifer Ruiz holds her patient’s trembling hand as she presses a stethoscope to the frail woman’s chest and belly. She compliments the woman on her recently painted fingernails. She cheerfully asks how she’s feeling, knowing she’ll get no answer from the little curled body in the big hospital bed but for a penetrating stare.

Ruiz, a hospice nurse, finds her work deeply meaningful, in part for reasons that are obvious: “We get to be there for people during some of the most tragic and tough times in their lives,” she said.

But even those who shepherd the dying and their families through the fear, heartbreak and mystery of the end of life can lose sight of a job’s meaning in the stress of the day-to-day, if their employer doesn’t foster it.

“You have to fan that flame,” said Brenda McGarvey, corporate director of program development at Skokie-based Unity Hospice, where Ruiz works. “It’s your responsibility.”

A job’s meaningfulness — a sense that the work has a broader purpose — is consistently and overwhelmingly ranked by employees as one of the most important factors driving job satisfaction. It’s the linchpin of qualities that make for a valuable employee: motivation, job performance and a desire to show up and stay.

Meaningful work needn’t be lofty. People find meaning picking up garbage, installing windows and selling electronics — if they connect with why it matters.

But many Chicago-area employers seem to be missing an opportunity to tap this critical vein.

In a survey conducted by Energage for the Chicago Tribune’s 2017 Top Workplaces magazine, local employees regarded their employers more positively than the national average on nearly all measures, but companies fell significantly short in response to this statement: “My job makes me feel like I am part of something meaningful.” Meaningfulness also was the only measure that did not see any improvement among Chicago-area respondents this year, compared with last.

Read the article here.