Sex assault survivor who confronted Jeff Flake speaks out
Sex assault survivor who confronted Jeff Flake speaks out
A sex assault survivor who confronted Sen. Jeff Flake inside an elevator Friday — after announcing he would vote in...
A sex assault survivor who confronted Sen. Jeff Flake inside an elevator Friday — after announcing he would vote in favor of Supreme Court nominee Brett Kavanaugh — said that the likely pivotal moment “was all kind of a blur.”
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Some Retailers Promote Decision to Remain Closed on Thanksgiving
New York Times - November 14, 2014, Steven Greenhouse - This...
New York Times - November 14, 2014, Steven Greenhouse - This Thanksgiving, the open-versus-shut debate has grown even louder.
Walmart, Kmart, Macy’s, Target, RadioShack and many other major retailers are proclaiming that they will be open on Thanksgiving Day to make shoppers happy. But Costco, Marshalls, GameStop and T. J. Maxx are riding the backlash against holiday commerce by boasting that they will not relent: They will remain closed that day to show that they are family-friendly and honoring the holiday.
But even as retailers vie for every dollar during a very competitive season, Tony Bartel, the president of GameStop, views this debate as open-and-shut. “For us, it’s a matter of principle,” said Mr. Bartel, whose company has 4,600 stores nationwide. “We have a phrase around here that we use a lot — it’s called ‘protecting the family.’ We want our associates to enjoy their complete holidays.”
“It’s an important holiday in the U.S., and our employees work hard during the holiday season, and we believe they deserve the opportunity to spend Thanksgiving Day with their family and friends,” said Richard A. Galanti, executive vice president and chief financial officer at Costco Wholesale, the nation’s second-largest retailer after Walmart. “We’ve never opened on Thanksgiving, and when the trend to do so occurred in the last couple or three years, we chose not to because we thought it was the right thing to do for our employees.”
More than two dozen major retail chains plan to stay dark on Thanksgiving, including Barnes & Noble, Bed Bath & Beyond, the Burlington Coat Factory, Crate and Barrel, Dillard’s, Nordstrom, Neiman Marcus and Patagonia.
Johan Araujo, a senior game adviser at GameStop’s flagship store in Herald Square in Manhattan, applauded his company’s decision. “It’s good to know they’re thinking about us and what we want,” he said. His plans involve cooking the turkey for his fiancée and friends this year.
Sidney Bartlett, the manager of Mr. Araujo’s store, said that when the store used to be open on Thanksgiving — it started closing for the holiday last year — it was painful to figure out which employees to inconvenience and schedule to work that day. “I thought it’s great the C.E.O. decided to close for the holiday,” he said.
He said it saddened him to see so many stores open that day. “We’ve shifted as a nation — it’s not so much about the family, it’s all about business,” said Mr. Bartlett, who is studying for an M.B.A. at Columbia.
“We don’t believe we will lose any ground to competitors,” said Mr. Bartel, the company’s president. “Even if we lose some ground to competitors, we are making it corporate principle — we have committed to associates that we will not open on Thanksgiving.”
Pushed by competitive forces, some malls are opening on Thanksgiving Day for the first time. In Paramus, N.J., Westfield Garden State Plaza and Paramus Park will open from 6 p.m. to 11 p.m., prodded by Macy’s decision to open its stores in those malls.
Walden Galleria, a mall with over 200 stores near Buffalo, threatened to fine retailers about $200 an hour if they don’t open at 6 p.m. on Thanksgiving Day.
Carrie Gleason, director of the Fair Workweek Initiative, a campaign pushing retailers to adopt schedules that are more friendly to workers, said, “What’s different from years past is there are more and more retailers coming out publicly and saying, ‘We’re staying closed on Thanksgiving.’ ” They want to demonstrate to their customer base that they’re family-friendly.”
More than 55,000 people have signed a petition on change.org urging Target to remain closed on Thanksgiving, while the Boycott Black Thursday Facebook page has more than 87,000 likes.
Walmart officials say they are doing consumers a favor by opening on Thanksgiving. To reduce the long lines that have upset many shoppers on Black Friday, Walmart announced on Tuesday that it would spread Black Friday over five days.
“It became Black Friday, then it became Thursday, and now it’s becoming weeklong,” said Duncan Mac Naughton, chief merchandising officer at Walmart. “Maybe it’s going to be November.”
Deisha Barnett, a Walmart spokeswoman, said many shoppers were happy that the company would be open on Thanksgiving. “We’re in the service industry, and we’re just like airports and grocery stores and gas stations that are open on Thanksgiving so they can provide what customers need,” she said. “We’ve been open on Thanksgiving for 20-something years.”
Walmart will again face a wave of protests this holiday season. Our Walmart, a union-backed group of Walmart workers pushing for higher pay, said on Friday that it would hold protests at 1,600 Walmarts on Black Friday.
After keeping almost all its stores closed last Thanksgiving, the financially troubled RadioShack said that it planned to open its stores from 8 a.m. to midnight this Thanksgiving. But after some employees voiced dismay, the company changed course to give them time for their feast. Its stores will open from 8 a.m. to noon, close for five hours and reopen from 5 p.m. until midnight, and again at 6 a.m. on Friday.
The University of Connecticut Poll conducted a survey last November that found that nine out of 10 Americans said they didn’t plan to spend Thanksgiving hunting for bargains, while 7 percent said they planned to visit stores on Thanksgiving Day.
The poll of 1,189 adults, with a margin of sampling error of plus or minus 3 percent, found that 49 percent disapproved of stores opening on Thanksgiving Day, with 16 percent approving and 34 percent neutral.
Last Thanksgiving, J. C. Penney, Kohl’s, Macy’s, Sears and Target all opened at 8 p.m. This year, Kmart plans to open at 6 a.m. and remain open for the next 42 hours.
“All these companies were closed for decades,” said Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union. “What’s changed is that some have chosen to remain open, and those companies should be getting demerits. People should ask, ‘Is this the sort of society we want to live in that people aren’t even given the option of celebrating holidays?’ ”
He said that if stores decided to open on Thanksgiving, working that day should be voluntary, not mandatory. He said many part-time workers were eager to work on Thanksgiving.
Mr. Appelbaum praised the Macy’s store in Herald Square for using only workers who volunteer to work that day
Macy’s plans to open at 6 p.m. this Thanksgiving, two hours earlier than last Thanksgiving — and Sears is doing the same thing. “Customer response to the 8 p.m. opening last year was exceptionally strong,” said Jim Sluzewski, Macy’s senior vice president for communications. “At Macy’s Herald Square store, we had 15,000 customers waiting outside when the doors opened. The experience was similar across the country. Many customers asked why we couldn’t open a little earlier.”
In contrast, he said Bloomingdale’s, a Macy’s subsidiary, would remain closed on Thanksgiving Day, saying it was “less promotional” than Macy’s.
Roger Beahm, executive director of the Center for Retail Innovation at Wake Forest University, said it was smart competitively for retailers to open on Thanksgiving. “Did the folks who questioned the sanctity of Thanksgiving learn a lesson?” he said. “A good start to the holiday retail season can really make your year, and a late start can really cripple retailers.”
Dan Evans, a spokesman for Nordstrom, said his company kept its stores closed on Thanksgiving, with a few employees completing holiday decorations that day, before they are unveiled on Black Friday.
“If our customers really wanted us to open on Thanksgiving, that’s what we’ll do,” Mr. Evans said. “We used to be closed on the Fourth of July. We used to be closed on New Year’s Day, but customers wanted us to be open on those days, so now we’re open on those days. Our customers guide us. We don’t guide them.”
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JPMorgan boss: 'Trump is our pilot' even when we disagree
JPMorgan boss: 'Trump is our pilot' even when we disagree
Jamie Dimon, chairman and chief executive of JPMorgan Chase & Co. and one of the few big-bank bosses to keep his...
Jamie Dimon, chairman and chief executive of JPMorgan Chase & Co. and one of the few big-bank bosses to keep his job after the Great Recession, will keep advising President Trump even when they might disagree, Dimon told shareholders at the company's annual meeting at its Delaware Technology Center north of Wilmington.
"Trump is the pilot flying our airplane," and as "a patriot" Dimon will continue to serve on a Presidential advisory panel, even though he may not "agree with all his policies," he said during a shareholder question-and-answer session.
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I don’t like the GOP tax bill, but now my life depends on beating it
I don’t like the GOP tax bill, but now my life depends on beating it
My path as an activist had been fairly conventional. After law school, I represented low-wage Latino workers in Queens...
My path as an activist had been fairly conventional. After law school, I represented low-wage Latino workers in Queens who had been victims of wage theft, and I helped write New York City’s groundbreaking paid sick days law. Later, I created a campaign called Fed Up, urging the Federal Reserve to use its economic tools to focus on raising wages and creating jobs, not just minimizing inflation. I didn’t think of myself as a direct beneficiary of these policies: I was an upper-middle class white man with elite degrees, a bright future and financial security. I could focus on empowering others.
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Scaffold Law Debate Heats Up Over Dueling Reports on Safety and Costs
Legislative Gazetter - April 21, 2014, by Matthew Dondiego - A new report released last Thursday by a pro-labor, pro-...
Legislative Gazetter - April 21, 2014, by Matthew Dondiego - A new report released last Thursday by a pro-labor, pro-immigrant rights advocacy group criticizes the construction industry for using what they call misleading figures and cherry picking data to lobby against the state's controversial "scaffold law."
The scaffold law is a century-old law in place to protect worker's rights. Under the law, contractors and property owners serving as contractors are responsible for providing a safe work environment for their employees or become liable for any on-site injuries and accidents.
Opponents of the law point out that contractors are fully liable for workers' injuries even if it is determined the worker is at fault. Opponents say it is outdated and causes construction costs to rise due to the increased costs of insurance premiums. Supporters of the law say it provides common sense protection for workers performing a dangerous job and maintain that contractors are not held liable in court if proper safety precautions are in place.
The new report, titled Fatally Flawed and released by the Center for Popular Democracy, which is supported financially by the New York State Trial Lawyers Association and labor unions, is a scathing criticism of a Rockefeller Institute study — which is frequently referenced by the construction industry — that concluded the scaffold law resulted in an additional 667 work site injuries and adds about $3 billion in additional costs to construction projects in New York state each year.
According to last week's report, the oft-cited Rockefeller Institute study is "fundamentally biased" and calls the New York Civil Justice Institute, which paid $82,800 to commission the Rockefeller study, "a poorly-disguised front group" for the construction industry aligned Lawsuit Reform Alliance of New York. According to the report, the Lawsuit Reform Alliance of New York and the New York Civil Justice Institute share the same address, 19 Dove St, Suite 201, Albany, N.Y., and the same telephone and fax numbers.
"This [Rockefeller Institute] study was bought and paid for by the construction industry," Josie Duffy, a staff attorney for the Center for Popular Democracy. "This is a direct result of people who do not like the scaffold law for business reasons, paying for this report to be released."
On the claim that the scaffold law contributed an additional 667 injuries, the report says the Rockefeller Institute "confuses correlation with causation."
This claim, according the Center for Popular Democracy, is based on worker injury rates in "sub-sectors and non-construction industries," such as warehouse work, transportation, roofing, residential building construction, manufacturing, wholesale trade and utilities industries, and are compared to the rest of the nation.
"The authors assert that these differences are greater in New York and attribute these greater differences entirely to the scaffold law," the new report reads. "There is simply no basis to conclude that the scaffold law is the cause of these differences. Indeed, the authors provide no justification for comparing injury rates in construction with injury rates in less hazardous industries, or using those differences as a proxy for the impact of the scaffold law."
Duffy bluntly says that the scaffold law does not cause an increase in workplace accidents. She says the Rockefeller Institute's study, which was released in February, lacks factual evidence that the law makes work sites more dangerous and "that number is coming from nowhere."
"To me, that is the most egregious part of this whole report," Duffy said.
Despite the strong words used in the report and by Duffy, Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, says that the Rockefeller report "conclusively" found the law made construction sites more dangerous for workers.
He said that absolute liability for contractors creates "perverse incentives" for workers.
"Workers are not incentivized because they are never held responsible and contractors are not incentivized because they are guilty in nearly every circumstance," Stebbins said. "Only by apportioning liability to fault, as is done in every other state and every other part of our civil justice system, can we maintain balance and improve safety."
According to Stebbins, the report released by the Center for Popular Democracy last week is a "political hit piece, with no statistical merit or actual research of any kind. They cannot get researchers to back up their opinions, because the facts do not support the scaffold law."
Stebbins argues that absolute liability causes the insurance markets to treat sites with sterling safety records the same as companies with less stringent safety precautions. Opponents of the scaffold law say that absolute liability holds the company liable for the worker injuries regardless of who is actually found to be at fault.
Duffy however, said that companies are not automatically found to be liable for injuries sustained by workers on construction sites and are typically safe from injury-related costs so long as they had the proper safety precautions in place.
"What absolute liability means is that you have to pay for the costs of the injuries … and that's only going to happen if you're breaking the law," she explained. "What this law says is there has to be some level of protection for workers."
According to Duffy, under the law companies still hold the right to argue their case in court and they are not automatically found responsible for every injury.
"It's important that employers get to have their voices heard in law, I support that this law allows people to get their voices heard on both sides and that's a very, very real protection," she said "Nothing happens automatically in this law and you can't even be taken to court unless your breaking the law in the first place."
The report also criticizes the Rockefeller Institute for failing to take into consideration certain conditions in New York that may affect the injury rates in the state. Such measures include New York generally has more high-level construction works which may drive up injury rates and New York construction workers are more likely to be union workers and therefore are more likely to report injuries. According to the report, Texas has one of the lowest construction injury rates yet is among the highest in construction fatality rates.
According to the report, "Such low-injury-rate states have artificially suppressed the US injury rate, which the paper nonetheless compares to the New York rate."
"This is a law that protects construction workers. Construction workers are doing a really difficult job and they're doing it every day and they are growing our economy," Duffy said. "Construction workers are literally the bread and butter of what makes New York City, New York City … and this is a state of construction."
Assemblyman Francisco Moya, a Democrat from Queens, said the Center for Popular Democracy's report "injected some truth into the politically-charged debate surrounding the scaffold law."
"Many untruths have been lobbed at the scaffold law in an attempt to dismantle it. This report makes clear that those untruths have unfortunately been crafted by parties who have a financial interest in watering down workplace protections," Moya, a staunch supporter of the law, said in an e-mail. "When it comes to life and death decisions about workplace safety, there's no room for politics. It has to be about facts. And the fact is that the Scaffold Law protects workers. That's the real bottom line."
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Nan Goldin, Activists Bring Sackler Protest to Harvard Art Museums
Nan Goldin, Activists Bring Sackler Protest to Harvard Art Museums
“Protestors threw pill bottles on the floor of the atrium, handed out pamphlets, and held banners and posters with...
“Protestors threw pill bottles on the floor of the atrium, handed out pamphlets, and held banners and posters with phrases like “MEDICAL STUDENTS AGAINST THE SACKLERS,” and “HARM REDUCTION NOW/TREATMENT NOW.” A number of speakers gave speeches about the Sacklers and the opioid crisis in the atrium, including Jennifer Flynn Walker of the Center for Popular Democracy and Goldin, who began organizing against Purdue and the Sacklers, who are major donors to cultural institutions throughout the United States and Europe, following treatment for opioid addiction last year. She said she became addicted after being prescribed OxyContin in 2014 following wrist surgery.
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Yellen Says Improving Economy Still Faces Challenges
The Washington Post - August 22, 2014, by Ylan Q. Mui - Federal Reserve Chair Janet L. Yellen on Friday expressed...
The Washington Post - August 22, 2014, by Ylan Q. Mui - Federal Reserve Chair Janet L. Yellen on Friday expressed growing confidence that America’s market is improving but uncertainty over how much further it has to go.
Yellen began her remarks before a select group of elite economists and central bankers here by enumerating the unequivocal progress made since the Great Recession ended: Job growth has averaged 230,000 a month this year, and the unemployment rate has fallen to 6.2 percent after peaking in the double digits during the depths of the crisis.
But she quickly transitioned to the challenges in determining how close the labor market is to being fully healed — and how much the nation’s central bank should do to speed its convalescence. Although Yellen has consistently emphasized that the recovery is incomplete, her speech Friday focused on the difficulty of making a current diagnosis.
“Our understanding of labor market developments and their potential implications for inflation will remain far from perfect,” Yellen said at the annual conference sponsored by the Federal Reserve Bank of Kansas City. “As a consequence, monetary policy must be conducted in a pragmatic manner.”
The Fed slashed its target for short-term interest rates to zero and pumped trillions of dollars into the economy in the aftermath of the recession. More than five years later, it is finally scaling back that support. The Fed is slated to end its bond-buying program in October and is debating when to raise interest rates.
That decision carries enormous consequences: Move too soon, and the Fed risks undermining the economic progress made so far. Move too late, and it could risk stoking inflation in the future and sowing the seeds of the next financial crisis.
Investors generally expect the Fed to raise rates in the middle of next year, but several central bank officials gathered here cautioned that the moment could come earlier if the recovery improves more rapidly than expected. Yellen gave no clear timeline Friday but called for a “more nuanced” reading of the labor market as the economy returns to normal.
For example, the size of the nation’s workforce unexpectedly declined after the recession, the result of both demographic factors and unemployed workers who gave up hope of finding a job. Yellen reiterated Friday that a stronger economy could help stem that drop and suggested it may already be working. She also said that the run-up in involuntary part-time work and the low level of people choosing to quit their jobs could be reversed as the labor market improves.
But Yellen seemed to shift her stance on the country’s stagnant wage growth. Previously, she has cited it as a sign that the labor market remains weak. But on Friday she called on research that suggests wage growth has been subdued because employers were unable to cut salaries deeply enough during the recession, a phenomenon dubbed “pent-up wage deflation.” She also suggested that globalization and the difficulty that the long-term unemployed face in finding jobs could also be depressing wage growth.
The uncertainty facing the Fed means it will be carefully evaluating economic data over the coming months, Yellen said. And she said the central bank will remain nimble in its response.
“There is no simple recipe for appropriate policy in this context, and the [Fed] is particularly attentive to the need to clearly describe the policy framework we are using to meet these challenges,” she said.
Central bankers were not the only ones gathered in the Grand Tetons this year. Several workers and activists also traveled to Jackson Hole and called on the central bank to be cautious in removing its support for the economy, the first protest at the conference in recent memory.
The grass-roots group, organized by the Center for Popular Democracy, also issued an open letter to the Fed earlier in the week signed by more than 60 activist organizations. Kansas City Fed President Esther L. George — one of the most vocal proponents of raising interest rates soon — met with the protesters in Jackson Hole on Thursday for about two hours to hear their stories. Ady Barkan, senior attorney at the Center for Popular Democracy, said the groups plan to request meetings with other Fed officials as well.
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Letter: Congress must pass law for universal health care
Letter: Congress must pass law for universal health care
Here are the health care issues on which we need government to act......
Here are the health care issues on which we need government to act...
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Newark Police first in N.J. to refuse to detain undocumented immigrants accused of minor crimes
The Star-Ledger – August 15, 2013, by James Queally - The Newark Police Department has become the first law enforcement...
The Star-Ledger – August 15, 2013, by James Queally -
The Newark Police Department has become the first law enforcement agency in New Jersey to refuse the federal government’s requests to detain people accused of minor crimes who are suspected of being in the U.S. illegally, according to immigration advocates.
In enacting the policy, Newark becomes the latest city to opt out of the most controversial part of the “Secure Communities” program implemented by the U.S. Immigration and Customs Enforcement Agency in 2011, which allows the agency to ask local police to hold any suspect for up to 48 hours if their immigration status is called into question.
In the past two years, cities and states across the nation, including New York City, Chicago, Los Angeles, Massachusetts and Connecticut, have adopted similar policies. Earlier this week, Orleans Parish sheriffs also said they will stop honoring the detainer requests.
“Secure Communities” was designed to enhance ICE’s ability to track dangerous criminals who are undocumented immigrants. Under the policy the Department of Homeland Security reviews fingerprints collected by local police during an arrest, which then allows ICE to issue the detainer requests. Immigration advocates, however, argue the policy has been misused, leading to the deportation of people accused of low-level offenses and inhibits collaboration between police and people who are undocumented.
Udi Ofer, the executive director of the state chapter of the ACLU, said Newark’s policy was a collaborative effort between the city, the ACLU and several immigrants rights groups.
“With this policy in place, Newark residents will not have to fear that something like a wrongful arrest for a minor offense will lead to deportation,” said Ofer. “It ensures that if you’re a victim of a crime, or have witnessed a crime, you can contact the police without having to fear deportation.
Newark Police Director Samuel DeMaio signed the directive on July 24. Newark will no longer comply with ICE requests to hold suspects accused of crimes like shoplifting or vandalism.
City police will continue to share fingerprint information with federal investigators, according to DeMaio, who said the department received only eight detainer requests in 2012.
“If we arrest somebody for a disorderly persons offense and we get a detainer request we’re not going to hold them in our cell block,” he said. “I don’t know if we’ve ever gotten a detainer request on a guy with a misdemeanor.”
An ICE spokesman declined to comment directly on the policy. But immigrants rights advocates hailed the move as an olive branch to undocumented immigrants, who often hesitate to cooperate with police who are investigating serious crimes in their community for fear of deportation.
That fear has been evident in a series of community meetings in the Newark’s immigrant-heavy Ironbound neighborhood, which began after “Secure Communities” was implemented in New Jersey last year, said East Ward Councilman Augusto Amador.Amador has been present for a number of those sessions, and said the culture of fear created by the program stopped many undocumented immigrants from reporting crimes committed against them in the area.
“I agree totally with the policy,” he said. “The Newark Police Department already has enough problems to worry about, rather than being involved with matters that don’t belong to them.”
A representative for Mayor Cory Booker’s administration said the policy is a smart move that strengthens ties with city residents and maintains a relationship with ICE.
“The Newark Police Department’s policy improves community relations, while saving taxpayer money and ensuring that city, state, and federal officials continue to share critical information needed to prosecute criminals and keep our streets safe,” said city spokesman James Allen.
Nisha Agarwal, deputy director of the Center for Popular Democracy, said ICE has misused the “Secure Communities” policy in other areas, and Newark’s directive will slowdown the agency if it attempts to start deportation proceedings against someone for a small-scale offense.
“They often will (issue) detainers in cases where it’s really minor, when the person is not a threat to society in any way,” she said.
New Jersey has one of the country’s largest immigrant populations and the state is home to more than 500,000 undocumented immigrants, according to Amy Gottlieb, director of the American Friends Service Committee. Gottlieb said she hopes to see other New Jersey law enforcement agencies echo Newark’s policy.
“Any detainer policy where people are aware that the police department is acting in support of the immigrant community is going to be helpful for police and immigrant relations,” she said.
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Quit Your Job and Go to Work
This spring, Michanne was striding out of a San Francisco apartment lobby in her Google Express jacket, fresh off...
This spring, Michanne was striding out of a San Francisco apartment lobby in her Google Express jacket, fresh off delivering a mirror. Her van beckoned at the curb. It was branded in Google’s playful primary colors and logo, and on the side was the image of a package getting dropped from a parachute, easy-peasy. Michanne’s job was to make same-day, seamless deliveries of bottled water and kitty litter for Google Express, but she doesn’t actually work for Google Express — not directly, anyway. If you looked carefully, just below the van door, a few small, gray letters spelled out something most people didn’t realize: this vehicle wasn’t Google’s after all. It belonged to a company called 1–800Courier.
That day had actually been a good one. Michanne, who is 27, had worked the full eight hour shift that she’d been scheduled by 1–800Courier — one of several companies that delivers for Google Express in the Bay Area, Washington, D.C., Los Angeles, and New York City. But full days like that were becoming rare. (She didn’t want to use her last name for privacy reasons.)
When I called her back a month later and asked her to rate her job from 1 to 10, she was more upfront about her level of annoyance: “If 1 is a nightmare, I’m like a 1.5.” In fact, she’d quit.
Her complaint came down to this: she says 1–800Courier had verbally assured her full-time work when she started with the company back in October. It was a paycheck the new mother was counting on, one that didn’t leave her time to work another job. And in the company’s scheduling app she was technically scheduled for 40 hours a week for weeks in advance.
Yet, increasingly, her actual hours were decided the day of work. Michanne had to check her email an hour and a half before her first shift started to see if she would actually get to work the hours she’d been allotted. Many times she did not. She was a supposedly full-time employee who was, effectively, on-call. She’d put aside the day so she could work, but when it turned out they didn’t need her, that meant no work — and no pay.
In April, an email plunked into Michanne’s inbox, describing what she says was business as usual:
Even when she got the go-ahead to turn up for the day, Michanne’s shifts would often be cut once she was already at work. Around 5 p.m., as she ate in her van during an hour-long meal break, she would frequently get a call from the dispatcher, telling her to go home early without working her scheduled second shift. She’d still get paid something— California law mandates payment of between two hour and four hours of “reporting time” depending on the length of a cancelled shift. But it was still a huge issue: Although she was expected to be on-call for 40 hours a week, shift changes meant she was regularly dipping down to 25 hours of paid work, and even once as low as 17 hours, she recalls. At $13 an hour, she was hoping for $520 of work each week — but 17 hours is just $221.
Google pointed questions towards its contractor, which manages all scheduling for its deliveries. 1–800Courier’s California Director of Operations David Finney said that across the industry, the delivery business slows down after the holidays. “I personally empathize with that,” he said about employees whose hours get cut. “But at the same time, look at any industry in the state of California — especially in the service industry — and some days it’s just like ‘Hey, we’re sorry, we don’t need you to come in.’”
Another employee of 1–800Courier, who asked to remain anonymous so as to not irk the company, says the scheduling problems were sometimes bad for the company, too. Back in January and February, when business seemed especially slow, this worker would clock in and sit in the delivery car near the hub for hours, waiting to be dispatched. “I’d have movies picked out to watch, I got a pillow and took naps, and had stuff I wanted to read and write. I’m getting paid to do nothing. But I wouldn’t call
[dispatch] and say, ‘I need a route.’ It didn’t bother me at all.”
What did bother the Netflix-watching worker was this: more than 10 times during seven months on the job, their first shift was cut while it was already happening. But the worker was booked on to a second shift, and was made to wait around until that started. Since driving the vehicle back to the parking lot in Silicon Valley from the San Francisco dispatch hub would eat up most of the time, the worker would often drive to the movies or the mall in the city to kill time until the second shift. (The worker once got written up for taking the vehicle to Safeway during that time — saying they expected employees to just wait in the vehicle for the next shift, or drive it back to the Silicon Valley lot.)
The complaint is echoed by another former 1–800Courier worker who recently quit: “I was really getting irritated. They said ‘it’s not as high demand right now, we don’t have a lot of orders coming through, so we’re cutting the hours.’” A couple times, while the worker was in a carpool on the way to work, the dispatcher would call and say, “Oh, we removed you from the 12–5 window, you can just work for 5:30 to 10. I’d just go home and say ‘Remove me from the last window.’” The current driver says things have picked up lately, especially after a major lay-off of drivers in March that has given those who remain more work to do. 1-800's David Finney wouldn’t confirm a layoff, but said drivers are now regularly working overtime hours.
The whole idea behind the on-demand economy — touch-of-a-button delivery, often guaranteed within minutes — creates the potential for a sudden rush or dearth of customers at any moment. So how does a company make sure that the right amount of workers are around at the moment it needs them to be?
You’d think that this is something that Google, the emperor of analytics, might be able to figure out. But the company it had chosen to organize the deliveries, 1–800Courier, had not. Sometimes workers lucked out and watched movies in their cars, but more often they suffered for their employer’s failure. There may have been an abundance of employees scheduled for shifts, but ultimately the people were just as on-demand as the Costco kitty litter they delivered.
Outside of Silicon Valley, American labor is looking a lot like this already. The old, sanctified status of “employee” is getting egged in the face. The days of blue-collar job, suburban tract home, Disney vacay, and pension awaiting at the end of the 9–5 rainbow looks like a curious blip on the way to a more profit-maximized, capitalist future. It’s the age of the precariat: unions are nearly kaput, many will only know pensions from history books, and most “at will” workers can be fired as easily as Uber can kick its drivers off the app. Now many old titans of industry have latched onto this idea of on-call shift work — which many call “just-in-time scheduling,” — a grayish labor abuse tailored for the age of the text message that has lawmakers hustling to curb it.
Since the recession, millions of workers have taken part-time gigs when they’d prefer to have full-time ones — especially in hospitality and retail. And those part-time jobs increasingly jerk the workers around: In a University of Chicago study of young workers in hourly jobs, 41 percent said they got their shifts a week or less in advance. It gets worse from there: as a recent story in Harper’s Magazine laid out, companies use software to track customer flow down to the minute; resulting in managers who ask workers to be on call for work shifts, or clock out while on the job and hang around without pay during slow times to see if the workflow will pick up. Sarah Leberstein is a senior staff attorney from the National Employment Law Project, which has been monitoring the hellish scheduling practices. “The companies want to unload all the flexibility onto the workers, but workers can’t afford to live in such a state of flux.”
This spring, New York Attorney General Eric Schneiderman sent letters to 13 national retailers including Urban Outfitters to Target to Gap to Sears, questioning them about using software tracking systems and whether they made employees get the go-ahead for work less than a day before a shift:
Re: Request for Information Regarding “on call shifts”
Our office has received reports that a growing number of employers, particularly in the retail industry, require their hourly workers to work what are sometimes known as “on call shifts” — that is, requiring their employees to call in to work just a few hours in advance, or the night before, to determine whether the worker needs to appear for work that day or the next. If the employee is told that his or her services are not needed, the employee will receive no pay for that day, despite being required to be available to appear on the job site the next day or even just a few hours later on the same day. For many workers, that is too little time to make arrangements for family needs, let alone to find an alternative source of income to compensate for the lost pay.
If “just-in-time scheduling” sounds a whole lot like on-demand work, that’s because it is.
It’s not just in America that this practice is increasing. In Europe, it’s called the “zero hour” job — you’re promised work, but guaranteed nothing. And these contracts have been causing controversy in Britain ever since the financial crisis, which saw a dramatic rise in the number of just-in-time jobs as employers offloaded their risks onto the workforce. Today, almost 2 million jobs in the U.K. are now on-call. In some cases, workers are denied the benefits of full-time employees, or are prevented from finding other paying gigs without the permission of their employer — even if that employer cancels all of their shifts.
And it’s not just service industry jobs: zero hours have spread into other areas of the British economy, too. Recent figures suggest 13 percent of all healthcare workers and 10 percent of all education jobs are now in the same kind of hole that Michanne found herself in. (Finney from 1–800 said he does not consider the company’s scheduling to fall into the “just-in-time” trend.)
“The writing on the wall is we’re going to see more of an Uber and Lyft approach to workforce management in more industries,” says Carrie Gleason from the Center for Popular Democracy, a Brooklyn-based labor and social justice nonprofit. “You can see that in the just-in-time scheduling — you only want to pay for people when they’re doing the most productive work. The cost of doing business is put on the worker, so any time they’re not producing a car fare or a retail sale, it’s the worker paying for that time, not the company.”
On-demand companies pitch themselves as ultimate disrupters, breaking free of stuffy, old-world straitjackets of work. For many companies in this exploding area, there are no zero hour jobs — because the jobs have no set hours at all. The workers are independent contractors, not employees, and, at many companies, can log into work when they choose. In fact, Silicon Valley’s Chief Optimism Officer, Marc Andreessen — the venture capitalist who is funding Lyft and Instacart to build our app-based freelancer future —recently waved away a reporter’s comment about the precarious app workers in the New Yorker:“Maybe there’s an alternate way of living,” he said. “A free-form life where you press the button and get work when you want to.”
It also saves companies payroll taxes, wages, benefits — and the headache of scheduling workers. (“What other job out there can you just turn it on when you want to start and off when you want to stop — whenever you feel like it?” asked Uber CEO Travis Kalanick in his five-year company anniversaryspeech last week.)
“Uber doesn’t care if 100 or 200 are reporting to work because Uber will get the same percentage of the fare” says Leberstein, the National Employment Law Project attorney. “They’re shifting the burden of deciding whether there’s enough work onto the workers.” Many companies go so far as to give drivers a weekly breakdown on the most high-earning hours — in fact, there are entire apps dedicated to helping workers track that for themselves.
Companies claim these freedom-loving toilers will flee the moment they’re pinned down by shifts or bureaucracy. Their own internal studies suggest this is true: one Uber-commissioned poll of drivers showed more than 70 percent preferred to be their own boss rather than work a 9-to-5. About 50 percent of Lyft’s drivers drive five hours a week or less. A survey by the Freelancer’s Union found 42 percent went freelance to have more flexibility in their schedule.
“If everybody has to work a certain amount of hours, then it would put the model at risk because then it would be a very rigid model,” says Pascal Levy-Garboua, the head of business at Checkr, and organizer of a conference about the on-demand economy held in San Francisco last month. He has driven for Lyft in the past anywhere from 10 to 20 hours a week to see how it works for himself — then goes months without driving at all. “That would be the opposite of on-demand. Demand and supply are elastic, and the model works because there’s an equilibrium. If supply” — the industry’s term for what the rest of the world usually calls “workers” — “is not elastic, the model breaks.”
Yet a survey of more than 1,000 workers released last month by Requests for Startups, a tech-booster newsletter, popped a hole in what had been the great selling point of contract work in the new economy:
Work hours are demand-dependent despite the touted schedule flexibility. Although schedule flexibility is the #1 stated reason for joining a company as a contractor, ‘Peak hours / demand’ ranked highest amongst influencers of their work schedules, with nearly 50% selecting it as a very important influencer (‘My Family’ was the 2nd highest at 35%). This influence is particularly glaring when comparing current vs. ideal hours of ridesharing respondents, whose responses suggest that their ideal working hours aren’t too far off from the traditional 9–5.
Among the top reasons for leaving the job were insufficient pay (43 percent) and — spoiler alert for industry cheerleaders — insufficient flexibility (26 percent). In short, while the apps may be good for people who have another job and merely want to pad their income, if workers want to make a living on these apps, they actually have little flexibility — they need to work full-time or more, and they better be signed into work during the peak times.
The on-demand workplace is not one-size-fits-all: while complete flexibility works well for driving services with a 24-hour demand and a ready stable of drivers, companies dependent on burritos and Thai take-out reaching hungry customers have to be a bit more organized about who is on hand at meal times.
To get around this problem, many companies have started doing to their independent contractors exactly what 1-800Courier does to its employees: schedule them onto shifts.
At Postmates, an on-demand food delivery company, contractors sign up the week before for shifts in down-to-the-hour increments — those who confirm their availability are offered potential jobs first, meaning they can end up making substantially more than those hopping on the app to work spontaneously. As further motivation, Postmates also guarantees couriers who sign up for shifts a minimum of $15 an hour on weekends — if their jobs don’t add up to that, Postmates will pay them directly.
Scheduling contractors is a legally gray thing to do — since shifts are one of the IRS’ criteria in determining that a worker is an employee. (Indeed, Postmates, like many companies, is currently facing a lawsuit over classifying the couriers as contractors.)
Postmates says they aren’t shifts, exactly: workers aren’t bound to the hours they pre-select — they could just not sign into the app during the shift. Yet there are consequences. If they miss five of their allotted hours in a week, they’ll be suspended from work for 48 hours, as this email forwarded by one courier warns:
In order to avoid banishment, Postmates contractors ask for swaps on the app, much like employees have to do when they can’t make a shift.
And, like ridesharing companies, Postmates has another mechanism to get unscheduled contractors out on the road during peak times: its own surge-pricing model called “blitzes.” While the courier’s take of the delivery fee always stays the same —80 percent — blitzes increase that fee two or even three times the usual amount.
Postmates also polices the workers once signed in: one courier in New York City who asked not to be named (he didn’t want to get kicked off the app) showed me texts from the company: sometimes Postmates asks him why he’s not accepting more jobs, sometimes it commands him to stop only accepting jobs that he determines will be worth his time, and sometimes it suspends him temporarily from the app entirely. A Postmates spokeswoman says the real-time texts are aimed at getting feedback on why certain jobs aren’t attractive to couriers.
The take-away: as traditional jobs are looking more on-demand, on-demand contractor ones aren’t looking as flexible as they claim.
So where does that leave us? Employment and contractor labor models already seem to be converging at some sort of semi-flexible purgatory.
In the eyes of those who cry that companies like Uber or Lyft or Postmates are getting rich off exploiting a labor loophole — blithely skipping out of paying wages, benefits, and expenses like gas because they classify workers as freelancers—companies like 1–800Courier are actually playing the good guy. (Or at least the less evil guy.) The company has official employees which it pays $12.50 to $13 an hour, plus worker’s comp, overtime, and expenses, including gas and the occasional parking ticket.
“I do want to go on the record to say we try really hard to do right by our employees,” Finney from 1–800Courier says. “We’re not going to pass that cost onto someone else so we can save a buck… We’re practically one of the only companies in the state of California that uses the employee model. It’s the right thing to do, and, in the long run, it will be the best solution because we’ll be able to provide the best service because we have employees. With independent contractors, there’s a lot of control you give up because you can’t tell independent contractors what to do.”
Still, 1–800Courier's own problems show that employers in the on-demand economy have to be adept at managing their workflow. Otherwise they’ll lose money on wasted labor when there’s low demand, or be caught short when there’s a sudden surge.
This is not impossible. Already some on-demand companies claim to have figured it out.
One vocal proponent of employees in the industry is Managed by Q’s CEO Dan Teran, who has written about the decision to employ its workers to clean and manage offices in New York City. Their workers get to choose their work days and receive a steady schedule, and the company books them at worksites that are on convenient subway routes from their home or other job sites. Still, the company gets off easy since most of the workflow is pre-determined and consistent week to week.
The San Francisco food service Munchery has been also held up as one of the good guys in the new push-button delivery business — one of a short list that employs its couriers. One San Francisco bike messenger named Jennifer told me Munchery pays $18-an-hour plus tips from a collective tip pool — much higher than minimum wage. Still, Munchery experienced its own trip-ups. Jennifer told me that after she started working for them at the beginning of the year, there were too many messengers working the four-and-a-half hour dinner delivery window. “They were just sitting around waiting. I was told that it had been really slow for many months,” she says.
Around the end of January, Jennifer says Munchery laid off 11 bike messengers. (CEO Tri Tran would not give details of the company’s staffing, but says the layoffs were not a huge correction considering the size of his payroll: “Ten people we need to shift around — that’s a very small number for the workforce we have.”) Munchery also gets out ahead of its demand by putting parameters on how instantaneously “on-demand” it can be: outside of San Francisco’s city limits, you have to have ordered dinner by 2:00 in the afternoon, and choose an hour-long delivery window.
The workflow problems seem to be resolved for now. Since the layoffs, Jennifer says she’s delivered a steady flow of meals with little loafing.
Still, Munchery has a strong advantage: people generally eat dinner at a predictable time. Consistency is a harder promise in truly in-the-moment businesses, like Uber and Lyft, Postmates, or Google Express. How can employees ever be scheduled with perfect accuracy in those businesses? Does an hourly employee have to work rigid shifts?
Shannon Liss-Riordan is a Boston-based labor attorney suing many on-demand companies over their attempts to classify workers as contractors. She says flexible shifts aren’t incompatible with employee status: “That’s total BS. Employees can have flexible work schedules, employers are doing that all the time. All of these arguments being made are real red herrings that they’re trying to throw out there. It’s part of the whole ‘Oh, the workers love this, because they love the flexibility.’ You can give them flexibility, andpay their worker’s comp. It doesn’t have to be one or the other.” She cites one precedent-setting California case about cucumber growers who were found in California Supreme Court to be employees, even though they could set their own hours.
Of course, salaried, white-collar workers — who can call their own shots and rarely earn overtime — often have a great deal in flexibility at work. That’s harder for employees getting paid by the hour. Could part-time employees log in and out of work willy nilly, paid by the hours they actually work? Highly unlikely. If companies have to pony up for the workers, there’s little benefit to them for allowing workers to come and go as they please. Shelby Clark, executive director of Peers, which helps on-demand workers find and manage their workload, has done some back-of-the-envelope calculations on the base cost of having employees. Companies only start recovering their employee costs if workers are putting in a baseline of hours, but not overtime, “so you’d probably have a floor and a cap [on hours], and then not more than eight hours a day. You’d start to see a lot of constraints that defeat why people work in the sharing economy.”
That’s exactly what the disgruntled New York City Postmates courier told me. Despite getting pestered by texts to accept more jobs and bad tips, he explained why he stayed: “The only thing I like about this job is the freedom and flexibility.” Take away that, and he’d do what companies fear the most, especially as the competition for these workers grows: he’d never sign in for work again.
Which was exactly what Michanne at 1-800Courier did, after being forced to be flexible when she wanted stable work. In late April, she quit. Ironically, even though she was an employee, her reasons for leaving were the same as all those on-demand workers who were surveyed: lack of flexibility and low pay. She now works at a car dealership, 9-to-6.
It appears 1–800, on the other hand, is only ramping up. In the last month, the company has blanketed Craigslist with job ads for Google Express drivers to deliver for a “new upscale concierge service,” “a really cool company” to deliver retail items to homes and businesses around Silicon Valley. “It makes me wonder why they fired all those people, if they’re just going turn around and hire more,” the current employee told me while sitting in her van waiting
for a second shift to begin last week. “Just so you can fire everyone again?”
Among the listed perks in the ad? “Stable schedules” and “multiple shift choices.”
Source: Mic
3 days ago
3 days ago