Fact Check: Federal law does not prevent states, businesses, employers from requiring COVID-19 vaccines

From USA Today:

As millions of Americans continue to get vaccinated against COVID-19, some employers, colleges and businesses are weighing whether to make vaccination mandatory. A widely shared claim on social media says those measures are against the law.

An Instagram post published May 10 says Americans “have the right to refuse” coronavirus vaccine mandates.

“Under Emergency Use Authorization, no employer, biz, or govt can make the #COVID19vaccine mandatory until it’s evaluated in 2 yrs,” says text in the post, which is a screenshot of an April 1 tweet.

As evidence, the tweet cites “21 US Code SS 360bbb-3,” a federal law that has to do with “authorization for medical products for use in emergencies.” Instagram posts mentioning that law have received thousands of interactions over the past month, according to CrowdTangle, a social media insights tool.

The law cited in the posts has to do with emergency use authorizations from the U.S. Food and Drug Administration. The law says nothing about a required two-year evaluation period for vaccines approved for emergency use. While there is a legal gray area for mandating vaccines authorized for emergency use,businesses, employers and state governments generally have the power to require vaccination, experts say. 

“There is no legal basis for what is being claimed,” said Ana Santos Rutschman, an assistant professor at Saint Louis University who specializes in food and drug law, in an email.

Read the complete article here.

Silicon Valley’s essential workers form new group to fight for work rights

From today’s San Jose Spotlight:

A group of six essential workers and labor leaders stood in front of McDonnell Hall in San Jose Wednesday—the same church labor activist Cesar Chavez started his now-iconic labor organizing more than 50 years prior.

The workers are looking to craft the future of the labor movement among essential workers for the next 50 years, starting with combating unfair treatment from employers, elected officials and corporations during the COVID-19 pandemic.

They announced Wednesday the launch of a new initiative called the Essential Workers Council, a collective of 14 members from diverse professional fields in the South Bay, including medical workers, security, grocery workers, childcare, construction and education. The council has been established by Silicon Valley Rising, a collective of leaders who advocate for workers’ rights and affordable housing.

“As workers on the front lines of this crisis, we need to be the ones setting the agenda for recovery,” said Deo Agustin, a childcare worker and member of the new council. “We can’t let business leaders decide how things should be run.”

The group, with local labor leaders’ help, hopes to lobby elected leaders for more essential worker protections during and after the pandemic, such as higher wages, more widespread hazard payrent relief, stronger eviction protections and affordable childcare.

“Even as mostly Black and brown people put their lives at risk, dying at disproportionately higher rates, too many corporate executives and elected leaders have ignored their needs and their voices,” said Maria Noel Fernandez, director of Silicon Valley Rising, on Wednesday. “They call this work essential, but not the people, their families and our communities.”

The coronavirus has killed Black and Latino residents in the county at a far higher rate than other races. Latinos in particular make up 25% of the county’s population but account for 51% of cases and nearly 29% of deaths, according to county numbers. Those racial groups are overrepresented in essential work.

The council, frustrated by the lack of clear leadership from their employers to combat COVID-19, such as providing enough personal protective equipment and socially-distanced workspaces, spoke out about their experiences in working while living in fear that they would contract the coronavirus.

Read the complete article here.

Biden throws support behind Amazon workers holding milestone union vote

From today’s CNN Online:

President Joe Biden on Sunday night lent his support to Amazon workers who are pushing to unionize — and appeared to warn Amazon (AMZN) not to deter them.

In a video posted on Twitter, Biden didn’t mention the company by name, but he did reference workers in Alabama, where a milestone union election is underway at an Amazon facility in Bessemer. Eligible workers at the facility are currently voting by mail to decide whether to form Amazon’s first US-based union.”Today and over the next few days and weeks, workers in Alabama, and all across America, are voting on whether to organize a union in their workplace,” Biden said in the video.

“There should be no intimidation, no coercion, no threats, no anti-union propaganda,” Biden continued. “No supervisor should confront employees about their union preferences. You know, every worker should have a free and fair choice to join a union. The law guarantees that choice.”

Biden’s remarks reflect the high profile of the Amazon vote, which has garnered national attention and support from prominent Democrats including Senators Elizabeth Warren and Bernie Sanders as well as Stacey Abrams. A group of 50 Congresspeople sent a letter last month urging Amazon’s outgoing CEO, Jeff Bezos, to “treat your employees as the critical asset they are, not as a threat to be neutralized or a cost to be minimized.”

Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union, which is conducting the union drive for Amazon workers at the Bessemer facility, thanked Biden “for sending a clear message of support” for the workers.

“As President Biden points out, the best way for working people to protect themselves and their families is by organizing into unions. And that is why so many working women and men are fighting for a union at the Amazon facility in Bessemer, Alabama,” Appelbaum said in a statement.

Read the complete article here.

$15 Minimum Wage Would Reduce Poverty But Cost Jobs, CBO Says

From today’s NPR News Online:

Raising the federal minimum wage to $15 an hour by 2025 would increase wages for at least 17 million people, but also put 1.4 million Americans out of work, according to a study by the Congressional Budget Office released on Monday.

A phase-in of a $15 minimum wage would also lift some 900,000 out of poverty, according to the nonpartisan CBO. This higher federal minimum could raise wages for an additional 10 million workers who would otherwise make sightly above that wage rate, the study found.

Potential job losses were estimated to affect 0.9 percent of workers, the CBO wrote, adding: “Young, less educated people would account for a disproportionate share of those reductions in employment.”

President Biden has advocated for a gradual increase of the federal minimum over several years. The threshold has been stuck at $7.25 an hour since 2009. Dozens of states and cities have surpassed that level; several are already on track to $15 an hour.

Democrats in Congress have vowed to push ahead on raising the federal minimum, although the efforts to include the $15 minimum plan in coronavirus relief legislation have stalled.

Read the complete news story here.

Google Illegally Fired And Spied On Workers Trying To Organize, NLRB finds

From today’s NPR News Online:

Google illegally fired two employees involved in labor organizing last year, the National Labor Relations Board alleged in a complaint on Wednesday.

The tech giant also violated federal labor law, the agency said, by surveilling employees who viewed a union organizing presentation, interrogating others, unfairly enforcing some rules and maintaining policies that “discourage” workers from protected organizing activities.

The complaint said Google’s actions amounted to “interfering with, restraining and coercing employees in the exercise of the rights guaranteed” by the National Labor Relations Act, the 1935 law that guarantees workers the right to unionize and to band together to improve their working conditions.

Google is “confident in our decision and legal position,” the company said in a statement. While the company supports workers’ protected labor rights, the employees in question had taken actions that were “a serious violation of our policies and an unacceptable breach of a trusted responsibility,” it said.

Google, which is owned by Alphabet Inc., has been rocked by employee activism in recent years over issues including sexual harassment, its work with the U.S. government and the company’s treatment of its large contract workforce.

The federal labor agency has been investigating Google for a year, after several employees fired in late 2019 filed charges of unfair labor practices. Wednesday’s complaint accused Google of violating the rights of two of those employees, Laurence Berland and Kathryn Spiers.

Berland was one of four employees fired days before Thanksgiving 2019 for what Google described at the time as data security violations, including accessing and sharing information from other employees’ work materials and calendars.

Spiers was fired soon after. After the company hired a consulting firm known for anti-union work, Spiers created a pop-up notification reminding Google employees of their right to organize. Google said Spiers was fired for abusing her access to internal tools.

“This complaint makes clear that workers have the right to speak to issues of ethical business and the composition of management,” Berland said in a statement on Wednesday.

Read the complete article here.

Will rideshare drivers get paid less than minimum wage under Proposition 22

From today’s Sacramento Bee:

Proposition 22 proposes that gig drivers for companies such as Uber, Lyft and Doordash will get paid 120% of the area’s minimum wage for the time they spend picking up and driving goods or passengers, plus 30 cents a mile.

Proponents of the proposition argue under its calculation, the drivers will get paid closer to $25 an hour after expenses, much more than the state’s minimum wage. But the initiative’s opponents cite a much-published study from the UC Berkeley Labor Center, whose researchers said Proposition 22 will guarantee only $5.64 an hour.

Amid an onslaught of advertisements, Proposition 22 still has a fundamental question to answer: How much will the gig drivers get under the initiative. A Sacramento Bee review found that the answer depends on how expenses and time at work are defined. But it is possible that workers would earn less than minimum wage under the measure.

In 2019, Ken Jacobs and Michael Reich at the UC Berkeley Labor Center published a report saying the gig drivers using Uber or Lyft will only be guaranteed a pay of $5.64 an hour under Proposition 22. They still stand by the number.

Under Proposition 22, drivers could get a pay cut from what they are paid now, Jacobs said. “The guarantee they claim to have,” he said of the gig companies. “is a false guarantee.”

Under Proposition 22, drivers will not be paid for the time they are waiting to give a ride, nor the time they spend preparing and cleaning their cars. That time accounts for some 33% of the drivers’ working time, Jacobs said, citing a 2019 study that looked at Lyft and Uber rides in six metropolitan areas across the country, including Los Angeles and San Francisco. “It’s impossible to do the work without having the time waiting for work,” Jacobs said.

Another report, “Rigging the Gig,” by the National Employment Law Project and the Partnership for Working Families found that drivers working 50 hours a week will be paid $175 to $210 less a week under Proposition 22 compared to the current minimum wage.

Read the complete article here.

Mark Zuckerberg Wants To Silence Facebook’s Employees

From today’s Vice News:

Mark Zuckerberg loves free speech, just not when it comes to his own employees.

The Facebook CEO has repeatedly cited free speech as the reason he continued to allow President Donald Trump to openly lie and incite violence on his platform. It is the reason he says he won’t delete coronavirus anti-vaxx content even if it threatens the health of users. It’s why right-wing disinformation continues to dominate the newsfeed. 

But when his own employees speak up about these issues and other social causes, like Black Lives Matter, Zuckerberg’s belief in free speech appears to have reached its limit. 

On Thursday, Zuckerberg told staff that from now on discussions about “divisive” topics would no longer be allowed to be posted just anywhere on the company’s own internal version of Facebook, known as Workplace.

From now on, discussions about political and social issues would only be allowed to take place in specific areas of Workplace, so that all employees don’t have to confront such issues at work if they don’t want to, according to numerous media reports. And, these discussions will be strictly monitored and moderated. 

The exact details of how the new rules will work are still being hammered out. But Zuckerberg was keen to downplay the censorious aspect of the new rules, telling staff that Facebook plans to “explore ways to preserve our culture of openness and debate around” its work, a company spokesman told the Wall Street Journal.

Facebook did not immediately respond to a request for comment about the rule changes and why they were being implemented now.

Read the complete article here.

When Your Employer Doesn’t Respect Your Family Commitments

From today’s Harvard Business Review:

When trying to balance your work and family commitments, it helps to have a boss who is understanding and supportive: someone who doesn’t raise an eyebrow when you sign off early to attend a school event or take a personal day to accompany an aging parent to a doctor’s appointment.

But what if your manager isn’t sympathetic to your familial responsibilities? Or worse, your boss is outright dismissive or is even hostile toward your obligations? This is particularly challenging during the pandemic when many people’s work and home lives have collided. How should you handle a boss who refuses to acknowledge the other demands on your time? How can you find room for flexibility? What should you say about your family commitments? And who should you turn to for moral and professional support?

Too many working parents and other employees with extensive caregiving responsibilities have stories of a manager who gives them an assignment at 4 pm and asks for it the next morning, or a boss who makes disparaging comments about another working parent who doesn’t seem loyal to the company. “There are some managers who are unsympathetic to the challenges their employees face at home and some who intentionally turn a blind eye,” says Avni Patel Thompson, the founder and CEO of Modern Village, a company that provides technology solutions for parents. “Other managers may have positive intent but lack empathy or ideas on how to [support their employees].”

When you work for a manager who doesn’t recognize your family obligations, your strategy must be multifaceted, says Ella F. Washington, professor at Georgetown University’s McDonough School of Business and a consultant and coach at Ellavate Solutions. You need to figure out how to productively navigate the situation with your boss, while also collaborating with your colleagues and family to create a schedule and “set boundaries” that work for everyone. The goal is to “try to get your boss to meet you halfway,” she says. Here are some ideas.

First things first, “know your rights” and understand what you’re entitled to in terms of paid leave and care options, says Thompson. Do some research into your company’s policies and whether there are alternative work arrangements on offer. Long before the pandemic hit, an increasing number of organizations instituted flexible work plans for employees, and many states have flex-work policies in place for their government workers.

Find out, too, if your situation qualifies you for the federal Families First Coronavirus Response Act. The law requires some employers to provide paid leave to workers who must care for someone subject to quarantine or a child whose day care or school is closed. Washington recommends talking to your company’s HR person, if you have one, to learn what options and accommodations are available to you. “Knowledge is power,” she says.

Read the complete article here.

Instacart shoppers face unforgiving metrics: ‘It’s a very easy job to lose’

From today’s Los Angeles Times:

Five days a week, Ryan Hartson scours the picked-over aisles of Mariano’s Fresh Market in Chicago to fill grocery delivery orders for Instacart. He clocks in for his shift exactly on the hour — if he’s even five minutes late, he’ll receive a “reliability incident.” Within four minutes he must accept any incoming orders. Any longer and he’ll be kicked off the shift and risk getting an incident. Three incidents in a week and he’s at risk of termination.

“It’s a very easy job to lose,” Hartson said.

To avoid missing orders, Hartson schedules his bathroom visits — after four hours of work, the app notifies him that he has earned a 10-minute paid break. Meanwhile, Instacart managers use the app to see if he’s running behind on his orders. The app also tracks Hartson’s customer communications, automatically searching for specific terms to ensure he’s using Instacart’s preferred script. If he doesn’t, his metrics will take another hit.

Metrics define the experience of Instacart’s part-time workforce. Measured weekly for employees such as Harston is the number of reliability incidents; the number of seconds it takes to pick each item; and the percentage of customers with whom they correspond. Some former and current employees say 5% to 20% of shoppers in a store can be fired weekly.

Even in the data-driven tech world, Instacart stands out for its metrics-oriented culture, interviews with more than 30 current and former employees as well as documents and recordings reviewed by The Times reveal. This drive toward productivity helps Instacart’s profit margins, a vital step for a start-up that recorded its first-ever monthly profit in April, as the coronavirus pandemic heightened demand for grocery delivery.

Instacart says it has eased enforcement of certain metrics during the pandemic, but shoppers say company policies often ignore the realities of the job, leaving them in constant fear of termination over things out of their control.

Instacart says it evaluates shoppers on more than just speed and efficiency. Natalia Montalvo, the company‘s director of shopper engagement and communications, said the in-store shopper role was built on the premise of “flexibility, efficiency, innovation and customer service.”

“Efficiency and fulfillment of customer orders in a timely manner is important,” Montalvo said, “but it’s just one of many factors we look at in our overall business health and growth relative to other contributors” such as revenue derived from advertising for and partnering with consumer brands.

Read the complete article here.

Uber likely to shut down in California for over a year if new ruling not overturned

From today’s NBC News Online:

In new court filings Wednesday, a top Uber official said the company would “almost certainly need to shut down” ride services in California for “likely more than a year” if a judge’s groundbreaking ruling issued this week is upheld on appeal.

In a new four-page declaration, Brad Rosenthal, Uber’s director of strategic operational initiatives, said that if the company has to reclassify the bulk of its workforce as employees rather than contractors, it will “force Uber to dramatically restructure its entire business model and its relationships with drivers and riders.”

In a call with investors Wednesday, Lyft CEO John Zimmer said the company would likely also suspend operations in the state for similar reasons.

Earlier Wednesday, Uber CEO Dara Khosrowshahi said the company would halt service in its home state of California for a few months if a judge’s groundbreaking ruling this week is upheld on appeal.

“We will have to shut down until November,” Khosrowshahi told MSNBC’s Stephanie Ruhle in an interview.

On Monday, Judge Ethan Schulman of the San Francisco County Superior Court found that there was an “overwhelming likelihood” that both Uber and Lyft had misclassified drivers as contractors rather than employees. Drivers make up the bulk of those companies’ labor forces.

The ruling was the latest twist in a lawsuit brought against the companies in May by the state’s attorney general. Schulman put a hold on enforcement of his ruling for 10 days pending appeal.

In the new filings, both companies asked the judge to at least extend this hold period beyond 10 days while they begin the appeals process. Schulman is set to hold a hearing on this issue Thursday.

Read the complete article here.