Commentary: I need the economy to give me a fair chance
Commentary: I need the economy to give me a fair chance
I'VE ALWAYS enjoyed talking with people, and, as long as I can remember, I wanted to work in the hotel industry. It's...
I'VE ALWAYS enjoyed talking with people, and, as long as I can remember, I wanted to work in the hotel industry. It's been my dream to work with guests at the front desk to make sure they have the best experience possible.
As an African-American woman, I knew that lucky breaks weren't going to be handed to me, so I did everything I could to achieve my dreams. I went to school and got my bachelor's degree in hospitality and hotel management in 2000 from the Indiana University of Pennsylvania.
However, apart from a brief internship after college at the Best Western and a year at the Hilton working at the switchboard, which was almost a decade ago, I haven't been able to find work in my chosen field - a field in which I have a degree.
I've heard people say the recession is over because the unemployment rate is about 5 percent. But I can tell you that things are still really bad in the black community. Currently, unemployment for blacks is about 9 percent.
I've always been politically active and serve as the judge of elections in my voting district. So when I heard about a campaign that calls on the Federal Reserve to ensure that everybody gets decent paying work, including black folks, I was eager to join.
When I got my degree 16 years ago, the economy was in decent shape. Armed with my degree, the internship experience and good recommendations, I didn't expect to have any problems getting a job in a hotel. I applied to two dozen jobs and, after being turned down at all of them, I had to take other kinds of jobs in food service or customer service.
Finally, after many years, I got my switchboard job at the Hilton. Even though I was getting only $10 an hour, I was excited to finally be working at a hotel and thought I would just stay there and work my way up. But the recession hit in 2008, and I was laid off a year later.
That's when things became really tough. The recession hit African-American women, even college-educated ones like me, particularly hard. I've worked on and off since 2008, but finding good work has become almost impossible. At one point, I was traveling two hours each way to get to my job at a state-run liquor store.
I eventually had to quit when I suffered severe medical issues. I was diagnosed with a neurological condition and uterine fibroids, all within a matter of months. A couple of years ago, I was able to work again and joined a job skills program. The program placed me at a job where I work part-time - only 20 hours a week - as a cashier and food server at a university dining hall.
The unemployment rate apparently counts people like me as employed, even though I don't work enough hours to pay my bills. I'm overqualified and underpaid (I earn $11.25 an hour), but since I'm working - even though I'm still on Medicaid and food stamps - I'm used as evidence to say the recession is over.
Involuntary part-time unemployment is a more accurate figure to look at. It's over 15 percent for blacks! That's a whole lot of people who aren't making ends meet, but are still being counted as working.
People need to know that the Federal Reserve has incredible power over the economy and people's lives. It might seem very abstract, but it's not. If the Federal Reserve keeps interest rates low, the economy will continue to grow and people like me will be able to find full-time jobs or better paying work. If it raises rates because it claims the economy is doing well, it will be tougher for everyone to find jobs.
I'm going to Jackson Hole, Wyo., next week to join a protest against the Federal Reserve, which holds a symposium there every year. We want the president of the Philadelphia Fed, Patrick Harker, and the rest of the Fed, to see what regular folks go through beyond the numbers in the headlines.
Every week, I still go online to look for jobs at large hotel chains. I know that one of these days I will work at a hotel again. I just need the economy to give me a fair chance.
Salwa Shabazz lives in Philadelphia and is a member of the Fed Up campaign, an initiative of the Center for Popular Democracy.
By Salwa Shabazz
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Anti-gay laws drive significantly higher rates of poverty for LGBT people: report
Out and About Nashville - October 3, 2014 - A landmark report released today paints a stark picture of the added...
Out and About Nashville - October 3, 2014 - A landmark report released today paints a stark picture of the added financial burdens faced by lesbian, gay, bisexual, and transgender (LGBT) Americans because of anti-LGBT laws at the national, state and local levels. According to the report, these laws contribute to significantly higher rates of poverty among LGBT Americans and create unfair financial penalties in the form of higher taxes, reduced wages and Social Security income, increased healthcare costs, and more.
The momentum of recent court rulings overturning marriage bans across the country has created the impression that LGBT Americans are on the cusp of achieving full equality from coast-to-coast. But the new report, Paying an Unfair Price: The Financial Penalty for Being LGBT in America, documents how inequitable laws harm the economic well-being of LGBT people in three key ways: by enabling legal discrimination in jobs, housing, credit and other areas; by failing to recognize LGBT families, both in general and across a range of programs and laws designed to help American families; and by creating barriers to safe and affordable education for LGBT students and the children of LGBT parents.
Paying an Unfair Price was co-authored by the Movement Advancement Project (MAP) and the Center for American Progress (CAP), in partnership with Center for Community Change, Center for Popular Democracy, National Association of Social Workers, and the National Education Association. It is available online at www.lgbtmap.org/unfair-price (link is external).
“Unfair laws deliver a one-two punch. They both drive poverty within the LGBT community and then hit people when they are down,” said Ineke Mushovic, Executive Director of MAP. “While families with means might be able to withstand the costs of extra taxation or the unfair denial of Social Security benefits, for an already-struggling family these financial penalties can mean the difference between getting by and getting evicted. Anti-LGBT laws do the most harm to the most vulnerable in the LGBT community, including those who are barely making ends meet, families with children, older adults, and people of color.”
The report documents the often-devastating consequences when the law fails LGBT families. For example, children raised by same-sex parents are almost twice as likely to be poor as children raised by married opposite-sex parents. Additionally, 15 percent of transgender workers have incomes of less than $10,000 per year; among the population as a whole, the comparable figure is just four percent. To demonstrate the connection between anti-LGBT laws and the finances of LGBT Americans and their families, the report outlines how LGBT people living in states with low levels of equality are more likely to be poor, both compared to their non-LGBT neighbors, and compared to their LGBT counterparts in state with high levels of equality. For example, the denial of marriage costs gay and lesbian families money; same-sex couples with children had just $689 less in household income than married opposite-sex couples in states with marriage and relationship recognition for same-sex couples, but had an astounding $8,912 less in household income in states lacking such protections.
DISCRIMINATORY LAWS CREATE A DEVASTATING CYCLE OF POVERTY
How do inequitable laws contribute to higher rates of poverty for LGBT people? The report documents how LGBT people in the United States face clear financial penalties because of three primary failures in the law.
Lack of protection from discrimination means that LGBT people can be fired, denied housing and credit, and refused medically-necessary healthcare simply because they are LGBT. The financial penalty: LGBT people can struggle to find work, make less on the job, and have higher housing and medical costs than their non-LGBT peers.
Refusal to recognize LGBT families means that LGBT families are denied many of the same benefits afforded to non-LGBT families when it comes to health insurance, taxes, vital safety-net programs, and retirement planning. The financial penalty: LGBT families pay more for health insurance, taxes, and legal assistance, and may be unable to access essential protections for their families in times of crisis.
Failure to adequately protect LGBT students means that LGBT people and their families often face a hostile, unsafe, and unwelcoming environment in local schools, as well as discrimination in accessing financial aid and other support. The financial penalty:LGBT youth are more likely to perform poorly in school and to face challenges pursuing postsecondary educational opportunities, as can youth with LGBT parents. This, in turn, can reduce their earnings over time, as well as their chances of having successful jobs and careers.
“Imagine losing your job or your home simply because of who you are or whom you love. Imagine having to choose between paying the rent and finding legal help so you can establish parenting rights for the child you have been raising from birth,” said Laura E. Durso, Director LGBT Progress at the Center for American Progress at CAP. “These are just a couple of the added costs that are harming the economic security of LGBT people across the country. It is unfair and un-American that LGBT people are penalized because of who they are, and it has real and profound effects on their ability to stay out of poverty and provide for their families.”
Paying an Unfair Price offers broad recommendations for helping strengthen economic security for LGBT Americans. Recommendations include: instituting basic nondiscrimination protections at the federal and state level; allowing same-sex couples to marry in all states; allowing LGBT parents to form legal ties with the children they are raising; and protecting students from discrimination and harassment on the basis of sexual orientation and gender identity.
“At a time when so many American families are struggling to make ends meet, the report's findings point to an even bleaker reality for those who are both LGBT and people of color," said Connie Razza, Director of Strategic Research at the Center for Popular Democracy. "Unchecked employment discrimination and laws that needlessly increase the costs of healthcare, housing and childcare are doing profound harm to our economic strength as a nation. This report offers real-life policy solutions that, if implemented, would protect some of our most vulnerable individuals and families."
“Reducing the unfair financial penalties that LGBT people face in this country because they are LGBT is not that complicated. It is a simple matter of treating LGBT Americans equally under the law. For example, extending the freedom to marry, including LGBT students in safe schools laws, and ending the exclusion of LGBT people from laws meant to protect families when a parent dies or becomes disabled,” said Deepak Bhargava, executive director of the Center for Community Change.
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Post Navigation Report Finds Lack of Proper Fraud Oversight at Charters in State
LA School Report - March 24, 2015, by Craig Clough - California is extremely vulnerable to fraud at charter schools and...
LA School Report - March 24, 2015, by Craig Clough - California is extremely vulnerable to fraud at charter schools and as a result can expect to lose $100 million in wasted tax money in 2015, a new report released today finds.
The report from the Center for Popular Democracy, Alliance of Californians for Community Empowerment and Public Advocates found that there are “structural oversight weaknesses” in the state’s charter system.
Among the problems it found:
Oversight depends heavily on self-reporting by charter schools.
General auditing techniques alone do not uncover fraud.
Oversight bodies lack adequate staffing to detect and eliminate fraud.
California has the largest number of charter schools in the nation — 1,184, according to the California Charter Schools Association. The number in LA Unified grew this year to 285, 231 of which are independent.
The report recommends a few solutions, including requiring oversight agencies, such as the State Comptroller’s Office and Fiscal Crisis and Management Assistance Team, to conduct audits on charter schools once every three years, and not only when requested to do so.
“There’s no proactive system for auditing California’s charter schools by state officials… They wait until someone has whisteblowers come forward and the media has put something out, but there’s not a regular system for auditing schools,” said Kyle Serrette, director of education at the Center for Popular Democracy, in a call with reporters.
The report stated that over $81 million in fraud has been uncovered at charter schools to date, but that it is likely the “tip of the iceberg” and estimated the state will lose $100 million this year alone to waste, fraud and mismanagement at charters.
“We have a situation where we are losing millions of dollars to fraud in the charter sector every single year. We now know what the problem is,” Serrette said, adding that the backers of the report will be pushing state lawmakers for policy changes based on the findings of the report.
Serrette also said there are other states that do a better job of applying rigorous oversight of charters.
“Pennsylvania is a great example where the auditor general audits all of Pennsylvania’s charter schools every three to five years and the districts, which tend to be the authorizers there, they do the same thing,” Serrette said.
Click here to read the full report.
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A Push to Give Steadier Shifts to Part-Timers
New York Times - July 15, 2014, by Steve Greenhouse - As more workers find their lives upended and their paychecks...
New York Times - July 15, 2014, by Steve Greenhouse - As more workers find their lives upended and their paychecks reduced by ever-changing, on-call schedules, government officials are trying to put limits on the harshest of those scheduling practices.
The actions reflect a growing national movement — fueled by women’s and labor groups — to curb practices that affect millions of families, like assigning just one or two days of work a week or requiring employees to work unpredictable hours that wreak havoc with everyday routines like college and child care.
The recent, rapid spread of on-call employment to retail and other sectors has prompted proposals that would require companies to pay employees extra for on-call work and to give two weeks’ notice of a work schedule.
Vermont and San Francisco have adopted laws giving workers the right to request flexible or predictable schedules to make it easier to take care of children or aging parents. Scott M. Stringer, the New York City comptroller, is pressing the City Council to take up such legislation. And last month, President Obama ordered federal agencies to give the “right to request” to two million federal workers.
The new laws and proposals generally require an employer to discuss a new employee’s situation and to consider scheduling requests, but they do not require companies to accommodate individual schedules. Many businesses have opposed these measures, arguing that they represent improper government intrusion into private operations.
In a referendum last year, voters in SeaTac, Wash. — the community near Seattle that also passed the nation’s highest minimum wage, $15 an hour for some workers — approved a measure that bars employers from hiring additional part-time workers if any of their existing part-timers want more hours. The move was a response to complaints from workers that they were not scheduled for enough hours to support their families. Some San Francisco lawmakers are seeking to enact a similar regulation.
Representative George Miller of California, the senior Democrat on the House Committee on Education and the Workforce, plans to introduce legislation this summer that would require companies to pay their employees for an extra hour if they were summoned to work with less than 24 hours’ notice. He is also proposing a guarantee of four hours’ pay on days when employees are sent home after just a few hours — something that happens in many restaurants and retailers when customer traffic is slow.
That happened to Mary Coleman. After an hourlong bus commute, she arrived at her job at a Popeyes in Milwaukee only to have her boss order her to go home without clocking in — even though she was scheduled to work. She was not paid for the day.
“It’s becoming more and more common to put employees in a very uncertain and tenuous position with respect to their schedules, and that ricochets if workers have families or other commitments,” Mr. Miller said. “The employer community always says it abhors uncertainty and unpredictability, but they are creating an employment situation that has huge uncertainty and unpredictability for millions of Americans.”
While Mr. Miller acknowledges that his bill is unlikely to be enacted anytime soon — partly because of opposition from business (and a Republican-controlled House), he said the bill would bring attention to what he called often callous scheduling practices. His bill, similar to one in the Senate sponsored by Bob Casey, Democrat of Pennsylvania, has a “right to request” provision that would bar employers from denying requests from workers with caregiving or school-related conflicts unless they had a “bona fide” business reason.
Corporate groups protest that such measures undercut efficiency and profits. “The hyper-regulation of the workplace by government isn’t conducive to a positive business climate,” said Scott DeFife, an executive vice president of the National Restaurant Association. “The more complications that government creates for operating a business, the less likely we’ll see a positive business environment that’s good for the economy and increasing jobs.”
Mr. DeFife pointed out that the daily ebb and flow of customers necessitated flexibility in scheduling.
David French, a senior vice president of the National Retail Federation, said many people chose careers in retail because of the flexible work hours.
“These proposals may sound reasonable, but if you unpack them, they could be very harmful,” Mr. French said. “Where employers and employees now work together to solve scheduling problems, you’ll have a very bureaucratic environment where rigid rules would be introduced.”
While many of these workers are not unionized, the labor movement has often battled against part-time work and ever-changing schedules. But as unions have grown weaker, employers have felt freer to employ part-timers and use more volatile scheduling. Unions still push for workers to get more hours — and those pressures are one reason Macy’s and Walmart have adopted programs letting employees claim additional, available shifts by going onto their employers’ websites.
In a climate where many retailers, restaurants and other businesses are still struggling after the recession, economists point to the increased uncertainty faced by employees. About 27.4 million Americans work part time. The number of those part-timers who would prefer to work full time has nearly doubled since 2007, to 7.5 million. According to Bureau of Labor Statistics data, 47 percent of part-time hourly workers ages 26 to 32 receive a week or less of advance notice for their schedule.
In a study of the data, two University of Chicago professors found that employers dictated the work schedules for about half of young adults, without their input. For part-time workers, schedules on average fluctuated from 17 to 28 hours a week.
“Frontline managers face pressure to keep costs down, but they really don’t have much control over wages or benefits,” said Susan J. Lambert, a University of Chicago professor who interpreted the data. “What they have control over is employee hours.”
Ms. Lambert said flexible, not rigid or unpredictable, hours would become as important an issue as paid family leave. “The issue of scheduling is going to be the next big effort on improving labor standards,” she said. “To reduce unpredictability is important to keep women engaged in the labor force.”
David Chiu, president of the San Francisco Board of Supervisors, has created a business-labor group that is trying to find the middle ground.
“We’ve learned that predictability in hours is important not just to help workers juggle their lives, but for economic security — to help workers take a second job to live in expensive cities like San Francisco or New York,” Mr. Chiu said. “We’re confident that we can move forward with policies that work for workers as well as business’s bottom line.”
Sharlene Santos says her part-time schedule at a Zara clothing store in Manhattan — ranging from 16 to 24 hours a week — is not enough. “Making $220 a week, that’s not enough to live on — it’s not realistic,” she said.
After Ms. Santos and four other Zara workers recently wrote to the company, protesting that they were given too few hours and received just two days’ notice for their schedule, the company promised to start giving them two weeks’ advance notice.
Fatimah Muhammad said that at the Joe Fresh clothing store where she works in Manhattan, some weeks she was scheduled to work just one day but was on call for four days — meaning she had to call the store each morning to see whether it needed her to work that day.
“I felt kind of stuck. I couldn’t make plans,” said Ms. Muhammad, who said she was now assigned 25 hours a week.
A national campaign — the Fair Workweek Initiative — is pushing for legislation to restrict these practices in places including Milwaukee, New York and Santa Clara, Calif. The effort includes the National Women’s Law Center, the United Food and Commercial Workers union and the Retail Action Project, a New York workers’ group.
“Too many workers are working either too many or too few hours in an economy that expects us to be available 24/7,” said Carrie Gleason, director of the Fair Workweek Initiative and an organizer at the Center for Popular Democracy, a national advocacy group. “It’s gotten to the point where workers, especially women workers, are saying, ‘We need a voice in how much and when we work.' ”
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Hundreds march on Capitol Hill to call for a DACA replacement
Hundreds march on Capitol Hill to call for a DACA replacement
The Trump administration's decision to end the DACA program means thousands of undocumented individuals are on the...
The Trump administration's decision to end the DACA program means thousands of undocumented individuals are on the verge of being deported, despite having lived in the US for years. On Wednesday, protesters took to DC to call for the DREAM Act, which would build on DACA, creating a multi-phase process that would lead to permanent residency.
Read the full article here.
The big 2016 minimum wage push just got a powerful new ally
A little over a year out from the presidential election, we already know the states where the fiercest battles will...
A little over a year out from the presidential election, we already know the states where the fiercest battles will likely be fought. But another electoral map is shaping up too: The states where voters will decide where to raise their minimum wage.
And soon, those pay-boosting ballot measures might have some serious money behind them. A large California union is seed funding an organization aimed at accelerating such campaigns around the country, seizing on growing public support for raising the minimum wage to heights that just one cycle ago would have seemed like total fantasy.
It’s called the Fairness Project, officially launching Thursday, and it’s already focusing on three jurisdictions: California, Maine and the District of Columbia, with potentially more to come as funding becomes available. And the group's main backer, the Service Employees International Union’s 80,000-person strong United Healthcare Workers local in California, says it’s talking with a handful more.
“This is the best value in American politics,” says SEIU-UHW president Dave Regan, who last year laid out a strategy to raise wages through ballot initiatives in the 24 states that allow them. “If you can amass $25 million, you can put a question in front of half the country that simply can’t be moved through legislatures because of big money in politics.”
The organization doesn’t have $25 million yet, just a couple million; Regan declined to specify exactly how much. SEIU headquarters, despite waging its own multi-million dollar “Fight for $15” campaign to raise wages around the country, has yet to pitch in (which may have something to do with the fact that Regan has had a testy relationship with SEIU’s president, Mary Kay Henry; SEIU declined to comment).
But Regan says he hopes that as union locals do their budgets for the 2016 campaigns, they’ll contribute, partly as a way to resuscitate the labor movement’s image. “Most of the discourse around unions is negative,” Regan says. "So the Fairness Project is saying, 'Look, we can win for tens of millions of people, just if we’re committed to doing this.'"
They’ve picked a soft target. According to the Ballot Initiative Strategy Center, minimum wage measures have been tried 20 times in 16 states since 1996, and all but two succeeded. The earlier victories came in waves, starting with the “living wage” movement in the 1990s. The campaigns even work in conservative states: in 2004, John Kerry lost Florida, but a minimum wage hike passed with 70 percent of the vote.
Even though those measures may not have made it through state legislatures, in combination, they do seem to add momentum for minimum wage hikes on the federal level — Congress responded with legislation in 1997 after a spate of ballot initiatives, and again in 2007 and 2008. Sometimes, just the credible threat of a ballot initiative can spur state houses to action where previously they had no interest, although the final result may end up watered down.
Most recently, in 2014, minimum wage measures passed in Arkansas, Alaska, Nebraska, and South Dakota. This latest wave is even more ambitious than the first and second, says Brian Kettenring, co-executive director of the Center for Popular Democracy — and it benefits from the narrative around inequality that arose during an economic recovery that delivered very little wage growth.
"In some ways the most powerful, because it’s the most visionary in terms of the Fight for $15,” Kettenring says. “What the project hits on that really makes sense is engaging inequality through the ballot initiative.”
Still, there’s no guarantee of success, and credible initiative campaigns do take money. They also have a lot of common needs, like polling, voter targeting, Website design, and message strategy. That’s where Ryan Johnson, the Fairness Project’s executive director, says the group can help.
“There are a lot of very expensive things with ballot initiatives,” Johnson says. “Things that work with presidential campaigns — could we take the lead in investing in those directly and at scale? It saves people a couple grand here, and couple grand there.”
It’s a model that’s worked for other causes, as well, such as marriage equality and medical marijuana. The ballot initiative process has long been used by both conservative and liberal groups, with varying degrees of scale, sometimes with the side effect of driving turnout for Democratic or Republican candidates.
The support will help campaigns that usually lack major corporate financing, and have to sustain themselves with volunteers and small dollar donations. Amy Halsted, of the Maine Peoples’ Alliance, says the organization received unprecedented financial support for its push to raise the state’s minimum wage to $12 by 2020 — it has raised about $150,000.
But it could use help with big-ticket items that are more efficiently provided by a central coordinating body, like consulting and tech support. And besides, a national campaign has a galvanizing effect in itself.
“One of the things we’re excited about is their ability to sustain that energy that exists nationally, and try to create an echo chamber,” she says. "The ability to connect all the movements I think is powerful and exciting, and makes our hundreds of volunteers feel connected to a big national campaign.”
The Fairness Project may not even be the only game in town when it comes to national support for minimum wage campaigns. Seattle billionaire Nick Hanauer, who helped bankroll the successful $15 an hour campaign there, isn’t contributing — he thinks the group has got the wrong message. “The majority of workers want the economy to grow,” he wrote in an e-mail, arguing that high wages are good for business. “Growth sells. Complaining about fairness does not.” (Regan says their initial focus groups responded well to the fairness message.)
But Hanauer may be supporting other campaigns independently — including a ballot initiative in his home state of Washington. “We hope to influence the messaging on a lot of the campaigns that will unfold in ’15 and ’16,” he says.
Ballots will likely becrowded with other measures, too — with more and more state legislatures controlled by Republicans, liberal groups are trying to put gun control and marijuana legalization questions before voters directly.
Facing that popular onslaught, the business community is weighing its options.
In some places, like Maine, the opposition might not be that fierce. Although business groups grumbled when the $12 statewide ballot initiative was introduced, the state’s biggest city — Portland — already passed a law that would raise the wage at least that high by 2018. On top of that, they’refighting a city vote on a local $15 minimum.
“$12 is not out of the question here, as long as it's statewide,” said Toby McGrath, who’s running the campaign against the $15 measure for the Portland Chamber of Commerce.
California, however, will see a more pitched battle. Business groups managed to stall a $13 minimum wage hike proposal in the legislature. Tom Scott, California’s state director for the National Federation of Independent Business, says there's still a lot of time yet to build an employer response to the ballot measure that labor backers say just got enough signatures to qualify.
“There’s going to be a huge coalition opposition a minimum wage increase,” he says. “This is a very long process. And the one thing about ballot initiatives — depending on how it’s worded, if it’s a yes or a no, in California, if I can in 15 seconds create confusion or questions, people will typically vote no.”
But if young people vote in large numbers, Scott worries they could be hard to beat. “I would just be fearful of the voter turnout,” he says, "and the demographics of who’s turning out.”
After publication, SEIU headquarters reached out to add the following statement:
SEIU works directly with our local unions in states to evaluate ballot initiatives on a state by state basis and determine which ones will advance better jobs and better wages for working people.
Source: Washington Post
Contractors and Workers at Odds Over Scaffold Law
New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of...
New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of the skyscraper, lawmakers in New York State enacted a law intended to safeguard construction workers who were finding themselves facing increasing dangers while working at ever-greater heights.
That measure, which became known as the Scaffold Law, required employers on building sites to ensure the safety of laborers working above the ground. Since then, some form of the legislation has remained on the books despite repeated attempts to repeal it.
But a lobby of contractors, property owners and insurers has in recent months renewed a campaign against the law, arguing that no less than the future of the state’s construction industry is at stake.
They argue that the law is antiquated and prejudicial against contractors and property owners, and essentially absolves employees of responsibility for their own accidents, leading to huge settlements. The payouts, they contend, have in turn led to skyrocketing insurance premiums that are hampering construction and the state’s economic growth.
On Tuesday, a coalition of contractors, including a newly formed alliance of firms owned by women and minorities, announced the start of an advertising and lobbying blitz in Albany and New York City. But a counter-lobby of unions, workers’ advocates and trial lawyers is pushing back just as fiercely. The law, they argue, is essential to ensuring the safety of workers in some of the world’s most dangerous jobs, particularly those employed by shoddy contracting firms that cut corners to save money. The law, they say, holds developers and contractors accountable for keeping job sites safe.
Gov. Andrew M. Cuomo this week acknowledged the politically loaded atmosphere surrounding the Scaffold Law, but suggested that he was open to the possibility of modifying the law.
The law states that contractors and property owners are responsible for ensuring that scaffolds, hoists and other devices that enable aboveground building construction and repair “shall be constructed, placed and operated as to give proper protection to a person so employed.”
When injuries result from a violation of those terms, the law says, contractors and owners are liable. There is no mention of worker responsibility. Under the law, however, the plaintiff still must show that a violation of the law’s standards occurred and that the violation caused the injury.
But those seeking to change the law want to incorporate a standard of “comparative negligence.” This amendment — described in a state bill submitted earlier this year — would require a jury or arbiter to consider whether the liability of the defendants, and thus the amount of damages, should be reduced for cases in which the worker’s negligence or failure to follow safety procedures contributed to the accident.
Opponents argue that the amendment would reduce the incentive for the property owner and contractors to take necessary safety precautions.
“This law protects both union and nonunion workers and creates a sense of accountability on these job sites,” said Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York, an umbrella group for unionized construction workers. “If the law was modified, the workers would lose their voice.”
But those seeking to alter the law say the amendment would not eliminate the owners’ and contractors’ motivation to keep their workplaces safe because they would still face the possibility of shouldering large payouts, even if they were found only partly responsible for an accident.
“The notion that a contractor or owner would want to do anything to undermine the safety of the worker on the job doesn’t make sense,” said Pamela Young, associate general counsel of the American Insurance Association.
Workers’ advocates argue that erosion of the Scaffold Law would have a disproportionate impact on minority and immigrant laborers, who, the advocates say, are more likely to work for nonunion companies that may not provide proper safety training and equipment.
Immigrants, the advocates said, are less likely to speak the same language as their bosses on a job site and more likely to fear being fired if they demand a safer workplace.
From 2003 to 2011, federal safety regulators investigated 136 falls “from elevation” that killed workers on construction sites in New York, according to a recent report by Center for Popular Democracy, an advocacy group. Of those workers, about 60 percent were Latino, foreign-born or both. That rate rose to 88 percent among fatal falls in New York City.
Some trial lawyers have been effective at using the law to secure large settlements. Of the 30 largest settlements in 2012, at least 14 were in cases brought under state labor laws and most of those involved falls from ladders or scaffolding, according to The New York Law Journal. The awards ranged from $3 million to $15 million.
Weislaw, a Polish immigrant, was the plaintiff in a liability case that was settled last month. (He spoke on the condition that his surname not be used in this article, out of concern for his privacy.) He had been part of a crew repairing the roof of a one-story public school building in Long Beach, on Long Island. While he was working on the roof one spring day in 2010, he was concentrating so hard on his task that he lost track of the edge of the roof and fell, he said, suffering multiple fractures.
“I will most likely never be able to return to work,” he said.
Weislaw filed a lawsuit under the Scaffold Law arguing that he had not been provided with proper protection, such as a safety line or a spotter.
The case settled for $2.7 million, said David Scher, a lawyer from the firm that represented him.
Critics of the Scaffold Law say the way it is written makes these sorts of cases easy to win.
“It’s a gold mine for the plaintiffs’ bar,” said Mike Elmendorf, president and chief executive of Associated General Contractors of New York State. “When you get one of these cases, it’s largely about how much it’s going to cost.”
These high payouts, he and others contend, have driven up insurance rates, knocking smaller contractors, particularly those run by minorities and women, out of business and forcing others to suspend work, costing thousands of jobs.
They argue that the impact is as high on government projects as it is on private ones, and that the soaring cost of liability insurance is forestalling the repair and construction of public works projects, such as schools, bridges and roads. The New York City School Construction Authority said in a statement on Monday that its liability insurance costs for 2014 would be nearly as much as those for the three-year period from 2011 to 2013.
But in recent weeks, the law’s defenders have employed a new gambit, demanding that the insurance companies open their accounting ledgers to prove whether the Scaffold Law is, in fact, responsible for the rate increases. Insurance executives have vowed to fight any demands to disclose proprietary information that might somehow undermine their competitive advantages.
State Assemblyman Francisco P. Moya, a Democrat who represents a heavily immigrant and Latino area of Queens, said he planned to submit a bill that would expand reporting requirements for insurance companies and help lawmakers assess whether the Scaffold Law needed to be changed.
“Show us how much the payouts are,” Mr. Moya said. “Once we see that, we’ll have a better understanding.”
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Activist Group Takes Out TV Ad Calling for Trump to Keep Yellen
The Center for Popular Democracy's Fed Up campaign broadcast a 30-second TV spot urging Mr. Trump to offer Fed...
The Center for Popular Democracy's Fed Up campaign broadcast a 30-second TV spot urging Mr. Trump to offer Fed Chairwoman Janet Yellen a second term. The ad ran during "Fox & Friends," a morning show the president watches and often reacts to on Twitter.
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Why markets ignore Trump news
Why markets ignore Trump news
ALSO TODAY: FED UP IN WYOMING — Per release: “On the eve of the Federal Reserve’s annual economic symposium in Jackson...
ALSO TODAY: FED UP IN WYOMING — Per release: “On the eve of the Federal Reserve’s annual economic symposium in Jackson Hole, researchers, scholars, and workers will join Fed Up for a panel discussion that will set the tone for this year’s theme: “Changing Market Structure and Implications for Monetary Policy.” Thursday, August 23 - 4:00 pm MDT. “Free Speech Area” directly in front of the Jackson Lake Lodge.
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Police lay out security approach for People's March in wake of Dallas shootings
Police lay out security approach for People's March in wake of Dallas shootings
A scheduled protest march by a host of progressive advocacy groups as part of the Still We Rise convention downtown...
A scheduled protest march by a host of progressive advocacy groups as part of the Still We Rise convention downtown came with an added dose of tension and scrutiny a day after a protest in Dallas culminated in the shooting of five police officers.
The “People’s March” scheduled for 2:30 p.m. on Friday is part of the opening festivities for Still We Rise, a convention organized by the Center for Popular Democracy that’s brought 1,500 people to the city to gather over various causes such as workers' rights, climate change, criminal justice reform and many others.
They’re causes that overlap with the protest march in Dallas over recent police shootings in Minnesota and New Orleans. At that march Thursday, snipers targeted police officers, killing five and wounding seven others, according to various reports.
The People’s March is expected to protest against UPMC, Bank of New York Mellon and Republican Sen. Pat Toomey in a parade that will trail from the David L. Convention Center hosting Still We Rise to the U.S. Steel Tower, headquarters for UPMC, then to One Oxford Centre and across the Smithfield Street Bridge to the Pittsburgh office of Pat Toomey.
A spokesman or BNYMellon declined comment on the event. A representative for UPMC did not return a call seeking comment.
A statement by the Pittsburgh Bureau of Police laid out the public safety strategy and acknowledged calling on law enforcement resources beyond Pittsburgh.
“The Pittsburgh Bureau of Police is committed to keeping people safe during this afternoon’s planned People’s Convention March that begins at the David L. Lawrence Convention Center. There will be a visible presence of uniformed officers along with a not-so-visible presence of plain clothes officers,” reads the statement, quoting the event organizers’ intention of protesting growing inequality and “a toxic atmosphere of hate.”
“Officers will exercise extreme caution to ensure the safety of both our officers and the public,” continued the statement. “The Public Safety Department has been and will continue to be in communication with the FBI. The Police Bureau will work closely with law enforcement agencies on the federal, state and local levels.”
The event otherwise marked a modest convention event for the city, in which the 1,500 attendees represent 2,587 room nights at downtown hotels such as the Omni William Penn, the Wyndham Grand Pittsburgh Downtown, the Westin Convention Center and others.
The Still We Rise proceedings come on the same weekend that the city of Pittsburgh is celebrating the 200th anniversary of its incorporation as a city, including a Bicentennial Parade scheduled for Saturday morning at 11:00 a.m., just one of what’s expected to be more than 100 affiliated events throughout the city in the coming weeks.
Yet the city’s celebration of its birthday has been overshadowed by the shootings in Dallas and by the police shootings of black men in Louisiana and Minnesota that helped to trigger them.
Anticipating the anger and sadness from the shootings, on Friday Pittsburgh Mayor Bill Peduto, working with Allegheny County Chief Executive Rich Fitzgerald, called for “communitywide peace summit” to be held sometime next week.
“We are all affected by the violence in our communities – whether it be here in Pittsburgh, in Dallas, or so many other cities – and we all must do everything we can to stop it,” he said in a prepared statement. “Pittsburgh is a strong and resilient place, and our bonds are even stronger when all of us in the city work together.”
Peduto announced the plan for the summit without a determined date at a meeting today of Local Progress, a national network of progressive elected officials and other organization leaders from throughout the country.
By Tim Schooley
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5 days ago
5 days ago