CPD IN THE NEWS

Seventy-eight years ago today, the Fair Labor Standards Act made a groundbreaking promise to Americans: the promise of a fair minimum wage for an honest day’s work.

That promise, however, has eroded badly over time. In recent decades, the federal benchmark has grown increasingly obsolete, guaranteeing a bare minimum that is nowhere near enough to keep up with the growing costs of rent, food, and other essentials.

As calls for higher wages grow louder nationwide, it is imperative that federal officials take action to raise the federal minimum wage and renew the promise to American workers made nearly a century ago.

If the federal rate had merely kept up with inflation since its peak in the late 1960s, it would be nearly $11, one-and-a-half times today’s rate of $7.25. That rate has stayed stagnant since Congress last raised it in 2009. It is a remarkable number of years to go without an increase in wages, and workers have suffered for it.

In the absence of Congressional movement, states and cities have increasingly moved to give workers the raises they need. Yet entrenched forces at the federal level continue to stonewall, putting forth arguments that grow increasingly irrelevant by the day.

Many, for example, raise the specter of job losses. Yet cities that have raised their minimum wage in the past two years, from Los Angeles to Seattle to Chicago, simply have not seen the kinds of cataclysm that many warned about.

In fact, in Seattle, dozens of new restaurants have opened since higher wages kicked in – including many run by one of the fiercest critics of the increase. By the end of 2015, new permits for restaurants, coffee shops, and other food service establishments were on track to keep pace with or even surpass those issued in years past.

Another myth: higher wages would lead to higher prices - a bigger bill for a Big Mac, a pricier trip to Target. Yet here too, the apocalyptic predictions that precede wage increases fail to come true. In Seattle, the costs of groceries, gas, and retail have stayed stable over the past year - even though businesses warned they would need to hike prices if wages were to rise.

In recent weeks, some fast-food chains have made headlines by declaring they would replace employees with automated kiosks. Looking at the bigger picture, though, the overall risks of automation are low. Research just last year found that, while minimum wage increases can reduce some routinized jobs like cashiers, they also swell the number of more complex jobs like food preparation, resulting in an overall zero-sum change.

The fact is, raising the minimum wage gives local economies a boost by putting more money in the pockets of consumers. Higher wages also let businesses hold on to workers and improve customer satisfaction, all of which improve employers’ bottom line.

That’s why the majority of businesses actually support a higher minimum wage, despite the noise coming from groups like the Chamber of Commerce and the National Restaurant Association. A leaked memo earlier this year showed that 80 percent of business executives around the country support higher wages and paid sick days - and that they are coached to oppose those policies in public.

While powerful interests keep trying to muddle the debate, it’s clear that even a growing economy is simply not reaching millions of hardworking Americans. And it’s not just fast-food workers. A variety of workers receive less than $15: teachers, paramedics, home health-care workers, and many others. A recent study showed that even many manufacturing jobs – the foundation of the middle-class – pay less than $15, forcing the government to cover the gap with public assistance programs like food stamps and Medicaid.

As minimum wages affect more and more workers, it is no wonder that more Americans are starting to get on board. This year, dozens of cities and states – including some that lean deeply Republican – are considering increases. Colorado, Maine, Arizona and Washington State are all running ballot measures that would raise wages for close to two million workers in those states alone.  

Rather than focusing on a fantasy Armageddon that never comes, lawmakers in Congress would do well to embrace the need for better pay. In the meantime, states and cities will continue the fight to fulfill the pledge that the FLSA made so many years ago.

By JoEllen Chernow

Source

05.03.2018

New York, NY - In response to the violent reaction of the Puerto Rico Police Department to a peaceful assembly of students, families and activists on May Day protesting against austerity measures and the national debt, the Center for Popular Democracy signed on to an open letter to Governor Roselló and released the following statement through its Co-Executive Director, Ana María Archila, who was present at the event and recorded the state violence response in a video:

“This week, as teachers, students, and retirees in Puerto Rico were exercising their First Amendment rights with a peaceful march to demand dignity for their families, the police came out in riot gear and unleashed tear gas on the crowd. Children, elderly people, entire families were fighting to catch their breath. It was a scene that doesn’t belong in a democratic society.

But this scene is not new in Puerto Rico. The police are used to controlling and enforcing colonial rule on the island. And they are enabled by our silence stateside. The crisis confronting Puerto Rico is enormous, and it’s as much a crisis of democracy as it is an economic and climate crisis.

Governor Roselló must condemn the violence perpetrated against his own people. And he must address the root causes of the march: the austerity measures that prioritize banks over people and are putting the brakes on the island’s recovery. We will continue to stand in solidarity with the Puerto Rican people as they continue to demand dignity and a better life for themselves and their families.”

Below, the Center for Popular Democracy join several organizations in solidarity with the Puerto Rican people and sign on this open letter to Governor Ricardo Roselló demanding an investigation into the abuses perpetrated by the Police Department on May Day rally and demand a stop to austerity measures and cancellation of the debt:

Open Letter to the Governor of Puerto Rico Ricardo Roselló

Sign-On Letter Condemning the Actions of the Puerto Rican Government on May Day and Demanding Justice for the Puerto Rican People

We, the undersigned organizations, stand in solidarity with the Puerto Rican people and organizations that came together on May 1, 2018 to march against inhumane austerity measures that continue to drive a massive exodus of families in search of a better life. We stand with the millions of Puerto Ricans who remain on the island and fight every day to sustain their families and improve their collective quality of life. We write today to condemn the inhumane and violent police actions of the government of Ricardo Rosselló.

On May 1, 2018, thousands of Puerto Rican people, including elderly adults and children, who were exercising their First Amendment right to protest were met with state violence through the use of tear gas and violence at the hands of the police. Images captured at the event, corroborated by first-hand accounts, show crowds of people fighting to catch their breath as they ran away from police in riot gear. This type of scene has no place in a democratic society. The right to assemble and express frustration at the government is essential to the practice of democracy. We are deeply disturbed by Governor Roselló’s defense of the police brutality and demand that the local government take the appropriate actions to prosecute those who gave and executed the orders for these actions to take place.

On May 1, 2018, thousands of Puerto Ricans came out to protest the measures that the governor and the fiscal control board have put forward over the last two years. These measures adversely affect working class Puerto Ricans, and include:

1. Privatizing of the public school system and the power company;

2. Doubling the tuition costs in Puerto Rico's public university;

3. Closing over 300 schools;

4. Slashing labor rights;

5. Raising taxes; and

6. Cutting pensions.

This dire situation is forcing families to flee the island en masse. The Center for Puerto Rican Studies estimates that Puerto Rico could lose 14% of its population, 470,000 people, by 2019.

On May Day, the people of Puerto Rico came out with clear demands for their government. Today we stand with them and echo their demands in solidarity, and we commit to advocate for them in the United States.

We further demand immediate accountability for the May Day violence. Our demands are as follows:

1. Stop austerity: The Government of Puerto Rico should stop all austerity measures and invest in the working people of Puerto Rico by strengthening labor rights, raising the minimum wage, and promoting other policies that allow families in the island to live with dignity. Living with dignity includes rebuilding Puerto Rico’s power grid with 100% clean and renewable energy and keeping the power grid and power generation in public hands under community control, so as to mitigate the climate crisis and adapt for future extreme weather.

2. Cancel the debt: The Government of Puerto Rico should not make, and the U.S. government should stop promoting, any more debt payments to billionaire bondholders. Instead, all government efforts should focus on securing payments to pension holders. The Puerto Rican government should also prosecute any individual that has profited from the debt crisis.

3. Prosecute: The Government of Puerto Rico should conduct a full, transparent and impartial investigation into the police violence during the May Day actions and prosecute every police officer and civil servant who instructed and executed these acts of violence against the Puerto Rican people. We also encourage human right organizations to conduct their own independent investigations and oversight to guarantee that this process is done with full transparency.

We, the undersigned organizations, stand in solidarity with the Puerto Rican people and their demands, condemn the actions of the Puerto Rican government, and demand that the local government take the appropriate actions to prosecute those who instructed and executed these actions.

Sincerely,

SPACEs United for a New Economy Maryland Communities United Black Voters Matter Fund CT PR Agenda Progressive Caucus Action Fund The Bully Project Center for Popular Democracy Make the Road PA Make the Road CT 215 People Alliance Alliance for Puerto Rico-Massachusetts Make the Road NJ United We DREAM NYCC Chicago Boricua Resistance! OLÉ in Albuquerque, NM Organize Florida Delaware Alliance for Community Advancement CASA Mi Familia Vota Make the Road NY VAMOS4PR 32BJ Matt Nelson Action Center for Race and the Economy Refund America Proyect Massachusets Jobs with Justice DiaspoRicans DiaspoRiqueños New Haven Association of Legal Services Attorneys United Action CT Womens March Alliance for Quality Education National Economic and Social Rights Initiative Courage Campaign Action NC Harry Potter Alliance Blue Future Youth Progressive Action Catalyst Pennsylvania Student Power Network Movement Voter Project Student Power Networks About Face: Veterans Against the War Americas for Conservation Florida Immigrant Rights Coalition- FLIC One America Services, Immigrant Rights, and Education Network (SIREN) Arkansas United Community Coalition Make the Road NV Sunrise Movement Lil Sis American Family Voices Resource Generation Climate Hawks Vote The Shalom Center National Korean American Service & Education Consortium (NAKASEC) Massachusetts Education Justice Alliance Public Higher Education Network of Massachusetts Institute for Policy Studies, New Internationalism Project Korean Resource Center (KRC) HANA Center NAKASEC - Virginia Pineros y Campesinos Unidos del Noroeste (PCUN) Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) Progressive Leadership Alliance of Nevada (PLAN)

(New York, NY) – New York City Comptroller Scott M. Stringer today assessed $3.2 million in fines against K.S. Contracting Corporation and its owner, Paresh Shah, for cheating dozens of workers out of the prevailing wages and benefits they were owed under the New York State Labor Law. In addition to being assessed $3.2 million in unpaid wages, interest, and civil penalties, K.S Contracting and Mr. Shah will be barred from working on New York City and State contracts for five years.

K.S. Contracting was named as one of the worst wage theft violators in New York in a report by the Center for Popular Democracy in 2015.

“With President Trump taking clear aim at immigrants across the country, we need to stand up and protect the foreign-born New Yorkers who keep our City running. Every New Yorker has rights, and my office won’t back down in defending them,” New York City Comptroller Scott M. Stringer said. “Contractors might think they can take advantage of immigrants, but today we’re sending a strong message: my office will fight for every worker in New York City. This is about basic fairness and accountability.”

K.S. Contracting was awarded more than $21 million in contracts by the City Departments of Design and Construction, Parks and Recreation, and Sanitation between 2007 and 2010. Projects included the Morrisania Health Center in the Bronx, the 122 Community Center in Manhattan, the Barbara S. Kleinman Men’s Residence in Brooklyn, the North Infirmary Command Building on Rikers Island, Bronx River Park, the District 15 Sanitation Garage in Brooklyn, and various City sidewalks in Queens.

The Comptroller’s Office began investigating the company after an employee filed a complaint with the office in May 2010. The multi-year investigation used subpoenas, video evidence, union records, and City agency data to uncover a kickback scheme that preyed on immigrant workers.

After a four-day administrative trial in May 2016, the Comptroller found that K.S. Contracting routinely issued paychecks to just half of its workforce and then required those employees to cash the checks and surrender the money to company supervisors. Those supervisors would then redistribute the cash to all of the employees on a jobsite, paying them at rates significantly below prevailing wages. K.S. Contracting, however, falsely reported to City agencies that all employees on the jobsite who received checks were paid the prevailing wage.

Between August 2008 and November 2011, the company cheated at least 36 workers out of $1.7 million in wages and benefits on seven New York City public works projects. K.S. Contracting reported that it paid its workers combined wage and benefit rates starting at $50 per hour but actually paid daily cash salaries starting at $90 per day. The majority of the workers impacted were immigrants of Latino, South Asian, or West Indian descent.

The New York City Comptroller’s office enforces state and local laws which require private contractors working on New York City public works projects or those with service contracts with City agencies to pay no less than the prevailing wage or living wage rate to their employees.

When workers are underpaid, the New York City Comptroller’s office works to recoup the amount of the underpayment plus interest.

Since taking office in 2014, Comptroller Scott M. Stringer’s Bureau of Labor Law has assessed over $20 million and barred 40 contractors from state and City contracts due to prevailing wage violations, both record amounts. The assessed violation number includes underpayment of wages and benefits with interest payable to workers, and civil penalties payable to the City treasury.

“We applaud the Comptroller for standing up for the rights of immigrant workers and debarring bad actors like K.S. Contracting – a company identified by the Center for Popular Democracy as one of the worst violators of wage theft laws in New York. The Comptroller’s aggressive enforcement of prevailing wage law is a perfect example of what is needed to effectively combat wage theft throughout the city and state,” said Kate Hamaji, Center for Popular Democracy.

“We commend Comptroller Stringer for defending the rights of immigrant workers and ensure that they receive the wages and benefits that they deserve,” said Steven Choi, executive director of the New York Immigration Coalition. “In a time when immigrant communities are worried for their future in this country, it is essential that we have strong city advocates who will ensure that their rights are protected.”

“At a time when exploitative employers are feeling increasingly emboldened by Trump’s hateful rhetoric, it is imperative that our City’s leaders are taking a strong stance in defense of immigrant workers. Wage theft is a persistent and pervasive problem in New York, with employers like Paresh Shah cheating their immigrant workers out of millions of dollars in lawful wages and benefits each year. We commend the Comptroller for fighting to recuperate wages for the workers at KS Contracting and for showing employers like Paresh Shah that their behavior will not be tolerated by the City of New York,” said Deborah Axt, Executive Director, Make the Road New York.

“I want to thank New York City Comptroller Scott Stringer for taking the lead in fighting wage theft. Unfortunately wage theft is a crime that is running rampart throughout the construction industry. Hard working men and women, who expect nothing more than a fair day’s pay for a fair’s day’s work are constantly seeing their hard earned wages stolen by dishonest, criminal employers. By debarring KS Contracting for five years, Comptroller Stringer and his office have sent a message loud and clear – stealing workers’ wages will not be tolerated in New York.” said Robert Bonanza, Business Manager, Mason Tenders District Council of Greater New York, LiUNA!.

“I would like to thank Comptroller Stringer and his team in the Bureau of Labor Law for bringing justice to the workers at K.S. Contracting. Unfortunately the Comptroller’s task is made more difficult by the fact that many City agencies do not put top priority on monitoring projects for labor violations. Too many employers in New York City exploit minority and immigrant workers. And it’s no secret that many immigrant workers are fearful of retaliation for standing up for their rights, especially in an environment where they are afraid of being deported. This undercuts labor standards for all workers, and safe, educated workers are our City’s most valuable resource. We need more responsible and proactive leaders like Comptroller Stringer to protect that resource,” said Lowell Barton, Vice President/Organizing Director, Laborers Local 1010, LiUNA!.

“In a city where diversity is our greatest strength, we will not let anyone target our immigrant workers for abuse. Undermining labor standards for immigrants it’s an attack on all workers. I commend Comptroller Stringer for standing up for immigrant workers and against wage theft at a time when our immigrant communities are under attack,” said Renata Pumarol, Communications Director, New York Communities for Change.

“We at the Alliance of South Asian American Labor (ASAAL) are extremely conscious of the rights of every human being who lives in this great nation no matter what their immigration status. Many hard working individuals are taken advantage of by unscrupulous employers. We greatly applaud Comptroller Scott Stringer’s aggressive approach to combat wage theft violations and in this way protect the rights of all workers. I applaud his historic record of debarring 40 contractors since taking office and assessing over $20 million in prevailing wage violations, including today’s order against K.S. Contracting,” said Maf Misbah Uddin, ASAAL National President.

By TIP NEWS

Source

US News - July 17, 2013, by Steven Nelson - Immigration advocates are thrilled that New York City is footing the bill for a pilot program to provide free legal representation to people fighting deportation.

The City Council allocated $500,000 in June for the pilot program, with Speaker Christine Quinn – a candidate for mayor – taking the lead in shepherding the funds into the fiscal year 2014 budget, advocates say.

"There really was no controversy because the statistics bore out the injustice," Angela Fernandez of the Northern Manhattan Coalition for Immigrant Rights told U.S. News.

Non-citizens living in the U.S. without legal permission aren't guaranteed a free lawyer in non-criminal deportation cases.

Immigration law is "as complex as tax law," Fernandez said. She pointed to a research conducted by federal judge Robert Katzmann that found defendants without attorneys prevail less than 10 percent of the time in immigration cases.

"If they have access to a high-quality deportation defense attorney, their chances of prevailing is 67 percent," she said.

The Vera Institute of Justice, a legal advocacy group, will administer the program and approve grants to experienced non-profits whose attorneys specialize in immigration defense.

Fernandez said is costs up to $4,000 to defend a person during the course of immigration proceedings.

"The stakes are pretty high," said Brittny Saunders of the Center for Popular Democracy. "Folks who are detained, in many cases on minor infractions of immigration law, have no right to counsel ... so they're going up against federally trained attorneys."

Fernandez and Saunders agreed that the pilot program - officially called the New York Immigrant Family Unity Project – is the first publicly funded endeavor to defend immigrants against deportation, and they hope it will become permanent.

Quinn's office confirmed to U.S. News that the program was funded in the city's recently approved budget.

The immigration advocates, attorneys and Quinn are scheduled to discuss the program during a Friday event at Yeshiva University's Cardozo School of Law.

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