#Labor and Employment Law Group
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nationallawreview · 16 days ago
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The DEI Stalemate: Paying the Price for the Wrong Move
In a unique, interactive session that was part of the firm’s annual In-House Counsel seminar, participants evaluated potential DEI outcomes by analyzing three fictional scenarios. With elements pulled from real-life cases, the discussion illustrated how the stakes can become increasingly high with DEI practices. Each participant assumed a different role, from in-house counsel and employee to…
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comergpure5 · 1 year ago
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Join the discussion on cannabis legalization with our comprehensive article, complete with a detailed list of where cannabis is legal in the U.S. Explore the nuances of state laws and share your insights with the community. Don't miss out on this valuable resource. #CannabisDiscussion #LegalizationGuide #JoinTheConversation 🌿🗣️
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sayruq · 9 months ago
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The Malawi government has finally spoken out on the arrest of Malawian farm workers in Israel, clarifying that 12 out of 40 individuals detained are from the country. According to Minister of Information Moses Kunkuyu, the 40 individuals, representing 13 nationalities, were arrested for leaving their designated work stations and seeking employment in town without proper authorization. Kunkuyu revealed that the group, including the 12 Malawians, had abandoned their farm work to seek jobs at a bakery in Bnei Brak, violating Israel’s labor laws and regulations.
Malawi and Israel signed a labor export deal in 2022, allowing Malawi to send unskilled laborers to Israel to work in various sectors, including agriculture and construction. The deal aimed to generate more foreign exchange revenue for Malawi and provide employment opportunities for its citizens. Under the deal, Malawian workers are expected to work in Israel for a maximum of 5 years, with a minimum salary of $1,500 per month. The deal also includes provisions for workers’ safety, health insurance, and protection from exploitation. However, the deal has faced criticism and controversy, with some opposition politicians and human rights organizations expressing concerns about the secrecy surrounding the deal and the potential risks to workers’ safety.
The arrest of the Malawian workers has raised concerns about the treatment of foreign workers in Israel and the effectiveness of the labor deal in protecting their rights. Human rights organizations have called on the Malawian government to take action to ensure the safe return of the detained workers and to review the labor deal to prevent similar incidents in the future. The incident has also sparked debate about the benefits and risks of labor export deals and the need for greater transparency and accountability in such agreements.
The mistreatment of foreign workers in Israel is well documented and would explain why the 45 workers escaped the farm to look for work elsewhere
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mostlysignssomeportents · 5 days ago
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All bets are off
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When unions are outlawed, only outlaws will have unions. Unions don't owe their existence to labor laws that protect organizing activities. Rather, labor laws exist because once-illegal unions were formed in the teeth of violent suppression, and those unions demanded – and got – labor law.
Bosses have hated unions since the start, and they've really hated laws protecting workers. Dress this up in whatever self-serving rationale you want – "the freedom to contract," or "meritocracy" – it all cashes out to this: when workers bargain collectively, value that would otherwise go to investors and executives goes to the workers.
I'm not just talking about wages here, either. If an employer is forced – by a union, or by a labor law that only exists because of union militancy – to operate a safe workplace, they have to spend money on things like fire suppression, PPE, and paid breaks to avoid repetitive strain injuries. In the absence of some force that corrals bosses into providing these safety measures, they can use that money to pay themselves, and externalize the cost of on-the-job injuries to their workers.
The cost and price of a good or service is the tangible expression of power. It is a matter of politics, not economics. If consumer protection agencies demand that companies provide safe, well-manufactured goods, if there are prohibitions on price-fixing and profiteering, then value shifts from the corporation to its customers.
Now, if labor has few rights and consumers have many rights, then bosses can pass their consumer-side losses on to their workers. This is the Walmart story, the Amazon story: cheap goods paid for with low wages and dangerous working conditions. Likewise, if consumer rights are weak but labor rights are strong, then bosses can pass their costs onto their customers, continuing to take high profits by charging more. This is the story of local gig-work ordinances like NYC's, which guaranteed a minimum wage to delivery drivers – restaurateurs responded by demanding the right to add a surcharge to their bills:
https://table.skift.com/2018/06/22/nyc-surcharge-debate/
But if labor and consumer groups act in solidarity, then they can operate as a bloc and bosses and investors have to eat shit. Back in 2017, the pilots' union for American Airlines forced their bosses into a raise. Wall Street freaked out and tanked AA's stock. Analysts for big banks were outraged. Citi's Kevin Crissey summed up the situation perfectly, in a fuming memo: "This is frustrating. Labor is being paid first again. Shareholders get leftovers":
https://www.vox.com/new-money/2017/4/29/15471634/american-airlines-raise
Limiting the wealth of the investor class also limits their power, because money translates pretty directly into political power. This sets up a virtuous cycle: the less money the investor class has to spend on political projects, the more space there is for consumer- and labor-protection laws to be enacted and enforced. As labor and consumer law gets more stringent, the share of the national income going to people who make things, and people who use the things they make, goes up – and the share going to people who own things goes down.
Seen this way, it's obvious that prices and wages are a political matter, not an "economic" one. Orthodox economists maintain the pretense that they practice a kind of physics of money, discovering the "natural," "empirical" way that prices and wages move. They dress this up with mumbo-jumbo like the "efficient market hypothesis," "price discovery," "public choice," and that old favorite, "trickle-down theory." Strip away the doublespeak and it boils down to this: "Actually, your boss is right. He does deserve more of the value than you do":
https://pluralistic.net/2024/09/09/low-wage-100/#executive-excess
Even if you've been suckered by the lie that bosses have a legal "fiduciary duty" to maximize shareholder returns (this is a myth, by the way – no such law exists), it doesn't follow that customers or workers share that fiduciary duty. As a customer, you are not legally obliged to arrange your affairs to maximize the dividends paid by to investors in your corporate landlord or by the merchants you patronize. As a worker, you are under no legal obligation to consider shareholders' interests when you bargain for wages, benefits and working conditions.
The "fiduciary duty" lie is another instance of politics masquerading as economics: even if bosses bargain for as big a slice of the pie as they can get, the size of that slice is determined by the relative power of bosses, customers and workers.
This is why bosses hate unions. It's why the scab presidency of Donald Trump has waged all-out war on unions. Trump just effectively shuttered the National Labor Relations Board, unilaterally halting its enforcement actions and investigations. He also illegally fired one of the Democratic NLRB board members, leaving the agency with too few board members to take any new actions, meaning that no unions can be recognized – indeed, the NLRB can't do anything – for the foreseeable future:
https://www.npr.org/2025/01/28/nx-s1-5277103/nlrb-trump-wilcox-abruzzo-democrats-labor
Trump also fired the NLRB's outstanding General Counsel, Jennifer Abruzzo, who was one of the stars of the Biden administration, who promulgated rules that decisively tilted the balance in favor of labor:
https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks/#if-blood-be-the-price-of-your-cursed-wealth
Trump is playing Grinch here – he's descended upon Whoville to take all the Christmas decorations, in the belief that these are the source of Christmas. But the Grinch was wrong (and so is Trump): Christmas was in the heart of the Whos, and the tinsel and baubles were the expression of that Christmas spirit. Likewise, labor rights come from labor organizing, not the other way around.
Labor rights were enshrined in federal law in 1935, with the National Labor Relations Act. Bosses hated – and hate – the NLRA. 12 years later, they passed the Taft-Hartley Act, which substantially gutted the NLRA. Most notably, Taft-Hartley bans "sympathy strikes" – when unions walk out in support of one another. Sympathy strikes are a hugely powerful way for workers to claim value away from bosses and investors, which is why bosses got rid of them.
But even then, bosses who were honest with themselves would admit that they preferred life under the NLRA to life before it. Remember: labor militancy created the NLRA, not the other way around. When workers didn't have the legal means to organize, they organized by illegal means. When they didn't have legal ways of striking, they struck illegally. The result was pitched battles, even bloodbaths, as cops beat and even killed labor organizers. Bosses hired thugs who committed mass murder – literally. In 1913, strikebreakers working for the Calumet and Hecla Mining Company started a stampede during a union Christmas party that killed 73 people, including many copper miners' children:
https://en.wikipedia.org/wiki/Italian_Hall_disaster
Workers didn't take this lying down. Violence was met with violence. Bombs went off outside factories and stately mansions. There was gunfire and arson. Bosses had to hire armed guards to escort them as they scurried between their estates and their fancy parties and their executive offices. The country was in a state of near-perpetual chaos.
The NLRA created a set of rules for labor/boss negotiations – rules that helped workers claim a bigger slice of the pie without blood in the streets. But the NLRA also had benefits for bosses: unions were obliged to play by its rules, if they wanted to reap its benefits. The NLRA didn't just put a ceiling over boss power – it also put a ceiling over worker militancy. Von Clausewitz says that "war is politics by other means," which implies that politics are war by other means. The alternative to politics isn't capitulation, it's war.
Trump has torn up the rules to the labor game, but that doesn't mean the game ends. That just means there are no rules.
The labor movement has many great organizer/writers, but few can match the incredible Jane McAlevey, who died of cancer last summer (rest in power). In her classic A Collective Bargain, McAlevey describes her organizer training, from a tradition that went back to the days before the National Labor Relations Act:
https://pluralistic.net/2023/04/23/a-collective-bargain/
McAlevey was very clear that labor law owes its existence to union power, not the other way around. She explains very clearly that union organizers invented labor law after they invented unions, and that unions can (and indeed, must) exist separately from government agencies that are charged with protecting labor law. But she goes farther: in Collective Bargain, McAlevey describes how the 2019 LA Teachers' Strike didn't just win all the wage and benefits demands of the teachers, but also got the school district to promise to put a park or playground near every school in the system, and got a ban on ICE agents harassing parents at the school gates.
This wildly successful strike forged bonds among teachers, and between teachers and their communities. These teachers went on to run a political get-out-the-vote campaign in the 2020 elections and elected two Democratic reps to Congress and secured the Dems' majority. McAlevey contrasted the active way good unions involve workers as participants with the thin, anemic way that the Democratic Party engages with supporters – solely by asking them for money in a stream of frothing, clickbait text messages. As McAlevey wrote, "Workplace democracy is a training ground for true national democracy."
Militant labor doesn't just protect labor rights – it protects human rights. Remember: MLK, Jr was assassinated while campaigning for union janitors in Memphis. LA teachers ended ICE sweeps at the school gates. Librarian unions are leading the fight against book bans.
The good news is that public opinion has swung wildly in favor of unions over the past decade. More people want to join unions than at any time in generations. More people support unions that at any time in generations.
The bad news is that union leadership fucking suuuuuuuucks. As Hamilton Nolan writes, union bosses are sitting on vast, heretofore unseen warchests of cash, and they just experienced a four-year period of governmental support for unions unheard of since the Carter administration, and they did fuck all with that opportunity:
https://www.hamiltonnolan.com/p/confirmed-unions-squandered-the-biden
Big unions have effectively stopped trying to organize new workers, even when workers beg them for help forming a union. Union organizing budgets are so small as to be indistinguishable from zero. Despite the record number of workers who want to be in a union, the number of workers who are in a union actually fell during the Biden years.
Indeed, some union bosses actually campaigned for Trump, a notorious scab. Teamsters boss Sean O'Brien spoke at the fucking RNC, a political favor that Trump repaid by killing the NLRB and every labor enforcement action and investigation in the country. Nice one, O'Brien. See you in hell:
https://www.theatlantic.com/politics/archive/2024/08/teamster-union-trump/679513/
Union bosses squandered a historical opportunity to build countervailing power. Now, Trump's stormtroopers are rounding up workers with the goal of illegally deporting them. Fascism is on the rise. Labor and fascism are archenemies. Organized labor has always been the biggest threat to fascism, every time it has reared its head. That's why fascists target unions first. Union bosses cost us an organized force that could effectively defend our friends and neighbors from Trump's deportation stormtroopers:
https://prospect.org/blogs-and-newsletters/tap/2025-01-28-trumps-lawbreaking-also-aimed-at-workers/
Not every union boss is a scab like O'Brien. Shawn Fain, head of the UAW, won an historic strike against all three of the Big Three automakers, and made sure that the new contracts all ran out in 2028, and called on other unions to do the same, so that the country could have a general strike in 2028 without violating the Taft-Hartley Act (Fain was operating on the now-dead assumption that unions had to play by the rules):
https://pluralistic.net/2024/11/11/rip-jane-mcalevey/#organize
A general strike isn't just a strike for workers' rights. Under Trump, a general strike is a strike against Trumpism and all its horrors: kids in cages, forced birth, trans erasure, climate accelerationism – the whole fucking thing.
A general strike would build the worker power to occupy the Democratic Party and force it to stand up for the American people against oligarchy, rather than meekly capitulating to fascism (and fundraising), which is all they know how to do anymore:
https://pluralistic.net/2025/01/10/smoke-filled-room-where-it-happens/#dinosaurs
But before we can occupy the Dems, we have to occupy the unions. We need union bosses who are committed to signing up every worker who wants workplace democracy, and unionizing every workplace in spite of the NLRB, not with its help. We need to go back to our roots, when there were no rules.
That's the world Trump made. We need to make him regret that decision.
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If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2025/01/29/which-side-are-you-on/#strike-three-yer-out
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reasonsforhope · 2 years ago
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"Illinois will become one of three states to require employers to offer paid time off for any reason after Gov. J.B. Pritzker signed a law on Monday that will take effect next year.
Starting Jan. 1, 2024, Illinois employers must offer workers paid time off based on hours worked, with no need to explain the reason for their absence as long as they provide notice in accordance with reasonable employer standards.
Just Maine and Nevada mandate earned paid time time off and allot employees the freedom to decide how to use it, but Illinois’ law is further reaching, unencumbered by limits based on business size. Similarly structured regulations that require employers to offer paid sick leave exist in 14 states and Washington, D.C., but workers can only use that for health-related reasons.
Illinois employees will accrue one hour of paid leave for every 40 hours worked up to 40 hours total, although the employer may offer more. Employees can start using the time once they have worked for 90 days. Seasonal workers will be exempt, as will federal employees or college students who work non-full-time, temporary jobs for their university.
Pritzker signed the bill Monday in downtown Chicago, saying: “Too many people can't afford to miss even a day's pay ... together we continue to build a state that truly serves as a beacon for families, and businesses, and good paying jobs.”
Proponents say paid leave is key to making sure workers, especially low-income workers who are more vulnerable, are able to take time off when needed without fear of reprisal from an employer.
Bill sponsor Rep. Jehan Gordon-Booth, a Peoria Democrat, said the bill is the product of years of negotiations with businesses and labor groups.
“Everyone deserves the ability to take time off,” she said in a statement. “Whether it’s to deal with the illness of a family member, or take a step back for your mental health, enshrining paid leave rights is a step forward for our state."
“This is about bringing dignity to all workers," she said at the signing."
-via ABC News, 3/13/23
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robertreich · 1 year ago
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From Robber Barons to Bezos: Is History Repeating Itself?
Ultra-wealthy elites…Political corruption…Vast inequality…
These problems aren’t new — in the late 1800s they dominated the country during America’s first Gilded Age.
We overcame these abuses back then, and we can do it again.
Mark Twain coined the moniker “The Gilded Age” in his 1873 novel to describe the era in American history characterized by corruption and inequality that was masked by a thin layer of prosperity for a select few.
The end of the 19th century and start of the 20th marked a time of great invention — bustling railroads, telephones, motion pictures, electricity, automobiles — which changed American life forever.
But it was also an era of giant monopolies — oil, railroad, steel, finance — run by a small group of men who had grown rich beyond anything America had ever seen.
They were known as “robber barons” because they ran competitors out of business, exploited workers, charged customers exorbitant prices, and lived like royalty as a result.
Money consumed politics. Robber barons and their lackeys donated bundles of cash to any lawmaker willing to do bidding on their behalf. And when lobbying wasn’t enough, the powerful turned to bribery — resulting in some of the most infamous political scandals in American history.
The gap between the rich and poor in America reached astronomical levels. Large numbers of Americans lived in squalor.
Anti-immigrant sentiment raged, leading to the enactment of racist laws to restrict immigration. And voter suppression, largely aimed at Black men who had recently won the right to vote, was rampant.
The era was also marked by dangerous working conditions. Children often as young as 10, but sometimes younger, worked brutal hours in sweatshops. Workers trying to organize labor unions were attacked and killed.
It seemed as if American capitalism was out of control, and American democracy couldn’t do anything about it because it was bought and paid for by the rich.
But Americans were fed up, and they demanded reform. Many took to the streets in protest.
Investigative journalists, often called “muckrakers” then, helped amplify their cries by exposing what was occurring throughout the country.
And a new generation of political leaders rose to end the abuses.
Politicians like Teddy Roosevelt, who warned that, “a small class of enormously wealthy and economically powerful men, whose chief object is to hold and increase their power,” could destroy American democracy.
After becoming president in 1901, Roosevelt used the Sherman Antitrust Act to break up dozens of powerful corporations, including the giant Northern Securities Company which had come to dominate railroad transportation through a series of mergers.
Seeking to limit the vast fortunes that were creating a new American aristocracy, Congress enacted a progressive income tax through the 16th Amendment, as well as two wealth taxes.
The first wealth tax, in 1916, was the estate tax — a tax on the wealth someone accumulated during their lifetime, paid by the heirs who inherited it. The second tax on wealth, enacted in 1922, was a capital gains tax — a tax on the increased value of assets, paid when those assets were sold.
The reformers of the Gilded Age also stopped corporations from directly giving money to politicians or political candidates.
And then Teddy Roosevelt’s fifth cousin — you may have heard of him — continued the work through his New Deal programs — creating Social Security, unemployment insurance, a 40-hour workweek, and requiring that employers bargain in good faith with labor unions.
But following the death of FDR and the end of World War II, when America was building the largest middle class the world had ever seen — we seemed to forget about the abuses of the Gilded Age.
Now, more than a century later, America has entered a second Gilded Age.
It is also a time of extraordinary invention.
And a time when monopolies are taking over vast swathes of the economy, so we must renew antitrust enforcement to bust up powerful companies.
Now, another generation of robber barons is accumulating unprecedented money and power. So once again, we must tax these exorbitant fortunes.  
Wealthy individuals and big corporations are once again paying off lawmakers, sending them billions to conduct their political campaigns, even giving luxurious gifts to Supreme Court justices. So we need to protect our democracy from Big Money, just as we did before.
Voter suppression runs rampant in the states as during the first Gilded Age, making it harder for people of color to participate in what’s left of our democracy. So it’s once again critical to defend and expand voting rights.
Working people are once again being exploited and abused, child labor is returning, unions are busted, the poor are again living in unhealthy conditions, homelessness is on the rise, and the gap between the ultra-rich and everyone else is nearly as large as in the first Gilded Age. So once again we need to protect the rights of workers to organize, invest in social safety nets, and revive guardrails to protect against the abuses of great wealth and power.
The question now is the same as it was at the start of the 20th century: Will we fight for an economy and a democracy that works for all rather than the few?
We’ve done it before. We can — and must — do it again.
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democracyunderground · 8 days ago
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President Trump on Tuesday revoked a decades-old executive order that strengthened protections against workplace discrimination.
Why it matters: Trump's desire to dismantle diversity, equity and inclusion initiatives in the federal government's employment practices could set the tone for private companies nationwide to do the same.
Trump's executive order targeting DEI practices undid a whole host of previous orders that sought to prohibit discrimination in the workplace. Among the landmark pieces of legislation were anti-discrimination rules enacted by President Lyndon Johnson in the Civil Rights era.
What is the Equal Employment Opportunity Act?
Signed by Johnson in 1965, Executive Order 11246, mandated government contractors to give equal opportunity to people of color and women in recruitment, hiring, training and other employment practices.
It prohibited employment discrimination and called on federal contractors to take affirmative action to ensure employees are treated equally, "without regard to their race, creed, color, or national origin."
Johnson signed the act just a year after signing the Civil Rights Act of 1964.
Congress later expanded on the executive order in the Equal Opportunity Employment Act of 1972, increasing the number of employees covered by the workplace protections and requiring state and local governments to follow the rules outlined.
What does Trump's executive order say?
Trump's expansive executive order states that "Executive Order 11246 of September 24, 1965 ... is hereby revoked."
The executive order claims that both the private and public sectors "have adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences," and that these DEI practices "can violate the civil-rights laws of this Nation."
It noted that federal contractors could continue complying with the act for the next 90 days.
Caveat: Trump's executive order targets the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), which enforces Executive Order 11246.
It orders the OFCCP to "immediately cease" promoting diversity, holding federal contractors and subcontractors responsible for affirmative action practices, and "allowing or encouraging" those same entities "to engage in workforce balancing" on the basis of race, sex, sexual orientation, religion and nation of origin.
What's been the response?
Trump's executive order has already sparked outcry from civil rights leaders and advocacy groups.
"Diversity, equity, and inclusion are aligned with American values," National Urban League president Marc H. Morial told Axios. "They are about uniting us, not dividing us. Efforts to paint DEI as a preference program are nothing more than campaigns of smear and distortion."
Judy Conti, government affairs director of the National Employment Law Project, slammed Trump's executive order in a statement Wednesday.
"This is not a return to so-called 'meritocracy.' Rather, it's an attempt to return to the days when people of color, women, and other marginalized people lacked the tools to ensure that they were evaluated on their merits," Conti said.
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tomorrowusa · 21 days ago
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Those cheap clothes at Shein have a big price tag which few consumers are able to see.
This is the sound of Panyu, the neighbourhood known as the "Shein village", a warren of factories that power the world's largest fast fashion retailer. "If there are 31 days in a month, I will work 31 days," one worker told the BBC. Most said they only have one day off a month. The BBC spent several days here: we visited 10 factories, spoke to four owners and more than 20 workers. We also spent time at labour markets and textile suppliers. We found that the beating heart of this empire is a workforce sitting behind sewing machines for around 75 hours a week in contravention of Chinese labour laws. [ ... ] But even past 22:00, the sewing machines - and the people hunched over them - don't stop as more fabric arrives, in trucks so full that bolts of colour sometimes tumble onto the factory floor. "We usually work, 10, 11 or 12 hours a day," says a 49-year-old woman from Jiangxi unwilling to give her name. "On Sundays we work around three hours less." She is in an alleyway, where a dozen people are huddled around a row of bulletin boards. They are reading the job ads on the board, while examining the stitching on a pair of chinos draped over it. [ ... ] The migrant worker from Jiangxi is looking for a short-term contract - and the chinos are an option. "We earn so little. The cost of living is now so high," she says, adding that she hopes to make enough to send back to her two children who are living with their grandparents. "We get paid per piece," she explains. "It depends how difficult the item is. Something simple like a t-shirt is one-two yuan [less than a dollar] per piece and I can make around a dozen in an hour."
Let's do a little math. One Chinese Yuan = 13.81 US cents (or $0.1381) as of Monday. So if the migrant worker from Jiangxi earns CN¥ 2.00 per t-shirt (US$0.2762) and does a dozen in one hour, she is effectively earning US$3.31 per hour. For comparison, the US minimum wage was US$3.35 per hour in between 01 January 1981 and 01 April 1990.
The working hours at Shein factories are as miserable as the pay. A "standard" working day is 14 hours.
Standard working hours appear to be from 08:00 to well past 22:00, the BBC found. This is consistent with a report from the Swiss advocacy group Public Eye, which was based on interviews with 13 textile workers at factories producing clothes for Shein. They found that a number of staff were working excessive overtime. It noted the basic wage without overtime was 2,400 yuan (£265; $327) - below the 6,512 yuan the Asia Floor Wage Alliance says is needed for a "living wage". But the workers we spoke to managed to earn anywhere between 4,000 and 10,000 yuan a month. "These hours are not unusual, but it's clear that it's illegal and it violates basic human rights," said David Hachfield from the group. "It's an extreme form of exploitation and this needs to be visible." The average working week should not exceed 44 hours, according to Chinese labour laws, which also state that employers should ensure workers have at least one rest day a week.
There are other issues mentioned in the article such as the sourcing of cotton from Xinjiang where the Chinese Communist Party is committing genocide against the Uighur people.
Don't buy clothing made in sweatshops from ANY country. In the US it was sweatshop conditions at clothing manufacturers which were one of the spurs for the growth of labor unions in the early 20th century.
I would add that "fast fashion" is generally wasteful and bad for the environment. Buy clothes which are not likely to quickly become unfashionable and those which are sturdy enough to last for a while.
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justinspoliticalcorner · 2 months ago
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Claire Wang at The Guardian:
Those who failed to produce papers were arrested. More than 400 people were detained and forced on a train back to Mexico, a place many had never been.
It’s a scene many fear will come to pass in president-elect Donald Trump’s second term, especially after he doubled down on a campaign promise to “launch the largest deportation operation” in US history, and confirmed he would use the military to execute hardline immigration policies. But this particular episode happened in 1931, as part of an earlier era of mass deportations that scholars say is reminiscent of what is unfolding today. The La Placita sweep became the first public immigration raid in Los Angeles, and one of the largest in a wave of “repatriation drives” that rolled across the country during the Great Depression. Mexican farm workers, indiscriminately deemed “illegal aliens”, became scapegoats for job shortages and shrinking public benefits. President Herbert Hoover’s provocative slogan, “American jobs for real Americans”, kicked off a spate of local legislation banning employment of anyone of Mexican descent. Police descended on workplaces, parks, hospitals and social clubs, arresting and dumping people across the border in trains and buses.
Nearly 2 million Mexican Americans, more than half US citizens, were deported without due process. Families were torn apart, and many children never again saw their deported parents. Hoover’s Mexican repatriation program is, among mass deportation efforts in the past, most similar to Trump’s stated plans, said Kevin R Johnson, a professor of public interest law and Chicana/o studies at the University of California, Davis, School of Law. [...] Since his first presidential run, Trump has invoked President Dwight D Eisenhower’s mass deportation program as a blueprint for his own agenda. During the second world war, the US and Mexican government enacted the Bracero program that allowed Mexican farm hands to temporarily work in the US. But many growers continued to hire undocumented immigrants because it was cheaper. In 1954, the Eisenhower administration cracked down on undocumented labor by launching “Operation Wetback”, a yearlong series of raids named after a racial epithet for people who illegally crossed the Rio Grande. [...] The politics of deportation have always contained an important “racial dimension”, said Mae Ngai, a historian whose book Impossible Subjects explores how illegal migration became the central issue in US immigration policy.
Trump has deployed racist tropes against various ethnic groups, including Mexicans as drug-dealing “rapists” and Haitians as pet eaters, while lamenting a lack of transplants from “nice”, white-majority countries like Denmark and Switzerland. Last month, sources close to the president told NBC News that he could prioritize deporting undocumented Chinese nationals. “He’s been very clear about going after people of color, people from ‘shithole countries,’” she said, referring to a 2018 remark from Trump about crisis-stricken nations like El Salvador and Haiti. Trump could plausibly deport a million people using military-style raids of the Eisenhower-era, Ngai said, but it is unlikely that he can expel 11 million undocumented immigrants. (According to an estimate by the American Immigration Council, deporting 1 million people a year would cost more than $960bn over a decade.) Still, Ngai said, his rhetoric alone could foment fear and panic in immigrant communities. But Eisenhower’s immigration approach also differed from Trump’s in notable ways, Ngai said. Though the administration did launch flashy raids, it also allowed farm owners to rehire some deportees through the Bracero program, essentially creating a pathway for authorized entry into the US. So far, Ngai said, Trump has hammered down on deportations without providing an option for legal immigration or naturalization. “He doesn’t know the whole story of ‘Operation Wetback’,” she said. Deportations also appear to have harmed the local economy.
Donald Trump’s mass deportation proposal hasn’t been the first time the US conducted mass deportations of Mexican-Americans, as it happened during the Herbert Hoover and Dwight D. Eisenhower’s presidencies. The deportations were ruinous to economies and were a human rights disaster, and Trump’s plan repeats that but turbocharges it.
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misfitwashere · 1 month ago
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The American oligarchy is back, and it’s out of control
It’s the third time in the nation’s history that a small group of hyper-wealthy people have gained political power over the rest of us. Here’s what we must do. 
ROBERT REICH
DEC 20
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Friends,
Today we don’t know if the United States government will shut down tomorrow because, first, Elon Musk followed by his co-president Donald Trump, persuaded House Republicans to vote against a compromise bill, and then, last night, Republicans couldn’t summon enough votes for a stripped-down continuing resolution because Trump insisted that it contain a measure lifting the debt ceiling. 
This is not governing. Trump and the Republicans are not a governing party.
What’s the back story to all this? It’s the oligarchy that put Trump into the presidency.
A half-century ago, when America had a large and growing middle class, those on the “left” wanted stronger social safety nets and more public investment in schools, roads, and research. Those on the “right” sought greater reliance on the free market. 
But as power and wealth have moved to the top, everyone else — whether on the old right or the old left — has become disempowered and less secure. 
Today the great divide is not between left and right. It’s between democracy and oligarchy.
The word “oligarchy” comes from the Greek words meaning rule (arche) by the few (oligos). It refers to a government of and by a few exceedingly rich people or families who control the major institutions of society — and therefore have most power over other peoples’ lives. 
So far, Trump has picked 13 billionaires for his administration. It’s the wealthiest in history, including the richest person in the world. They and Trump are part of the American oligarchy, even though Trump campaigned on being the “voice” of the working class. 
America’s two previous oligarchies
America has experienced oligarchy twice before. Many of the men who founded America were slaveholding white oligarchs. At that time, the new nation did not have much of a middle class. Most white people were farmers, indentured servants, farm hands, traders, day laborers, and artisans. A fifth of the American population was Black, almost all of them enslaved.
A century later a new American oligarchy emerged comprised of men who amassed fortunes through their railroad, steel, oil, and financial empires — men such as J. Pierpont Morgan, John D. Rockefeller, Andrew Carnegie, Cornelius Vanderbilt, and Andrew Mellon. It was called the Gilded Age. 
They ushered the nation into an industrial revolution that vastly expanded economic output. But they also corrupted government, brutally suppressed wages, generated unprecedented levels of inequality and urban poverty, pillaged rivals, shut down competitors, and made out like bandits — which is why they earned the sobriquet “robber barons.”
World War I and the Great Depression of the 1930s eroded most of the robber barons’ wealth, and much of their power was eliminated with the elections of Franklin D. Roosevelt in 1932 and Democratic majorities in the House and Senate. 
America demanded fundamental reforms — a progressive income tax, corporate taxes, estate taxes, limits on the political power of large corporations, antitrust laws, laws enabling workers to form unions and requiring that employers negotiate with them, Social Security, the forty-hour workweek, unemployment insurance, civil rights and voting rights, and Medicare. 
For the next half-century, the gains from growth were more widely shared and democracy became more responsive to the needs and aspirations of average Americans. During these years America created the largest middle class the world had ever seen. 
There was still much to do: wider economic opportunities for Black people, Latinos, and women, protection of the environment. Yet by almost every measure the nation was making progress.
America’s current oligarchy
Starting around 1980, a third American oligarchy emerged. 
Since then, the median wage of the bottom 90 percent has stagnated. The share of the nation’s wealth owned by the richest 400 Americans has quadrupled (from less than 1 percent to 3.5 percent) while the share owned by the entire bottom half of America has dropped to 1.3 percent, according to an analysis by my Berkeley colleagues Emmanuel Saez and Gabriel Zucman. 
The richest 1 percent of Americans now has more wealth than the bottom 90 percent combined.
The only other country with similarly high levels of wealth concentration is Russia, another oligarchy. 
All this has been accompanied by a dramatic increase in the political power of the super-wealthy and an equally dramatic decline in the political influence of everyone else. 
While the Biden administration sought to realign America with its ideals, it did not and could not accomplish nearly enough. Trump’s lies and demagoguery exploited the anger and frustration of much of America — creating the false impression he was a tribune of the working class and an anti-establishment hero — thereby allowing the oligarchy to triumph. 
In 2022, Elon Musk spent $44 billion to buy Twitter and turn it into his own personal political megaphone. Then, in 2024, he spent $277 million to get Trump elected, also using Twitter (now X) to amplify pro-Trump, anti-Harris messages. 
These were good investments for Musk. Since Election Day, Musk’s fortune has increased by $170 billion. That’s because investors in Tesla and SpaceX have pushed their value into the stratosphere. 
Trump has put Musk (and another billionaire, Vivek Ramaswamy) in charge of gutting government services in the name of “efficiency.” Musk’s investors assume that Musk will eliminate the health, safety, labor, and environmental regulations that have limited the profits of Musk-owned corporations, and that Trump will put more government money into SpaceX and xAI (Musk’s artificial intelligence company). 
Unlike income or wealth, power is a zero-sum game. The more of it at the top, the less of it anywhere else.
The power shift across America is related to a tsunami of big money into politics. Corporate lobbying has soared. The voices of average people have been drowned out. 
The American oligarchy is back, with a vengeance. 
Not all wealthy people are culpable, of course. The abuse is occurring at the nexus of wealth and power, where those with great wealth use it to gain power and then utilize that power to accumulate more wealth. Today’s robber barons include Elon Musk, Jeff Bezos, Peter Thiel, David Sacks, Charles Koch, Jeff Yass, Ken Griffin, and Rupert Murdoch. 
What the new oligarchy wants
This is how oligarchy destroys democracy. As oligarchs fill the coffers of political candidates and deploy platoons of lobbyists and public relations flaks, they buy off democracy. Oligarchs know that politicians won’t bite the hands that feed them. 
As long as they control the purse strings, there will be no meaningful response to the failure of most people’s paychecks to rise, nor to climate change, nor racism, nor the soaring costs of health insurance, pharmaceuticals, college, and housing, because those are not the main concerns of the oligarchy.
The oligarchs want lower taxes, which is what Trump, Musk, and other oligarchs are planning — an extension of the 2017 Trump tax cut, with an estimated price tag of at least $5 trillion. 
They want no antitrust enforcement to puncture the power of their giant corporations. Instead, their corporations will grow larger, able to charge consumers even more. Trump is replacing Lina Khan, the trustbusting chair of the Federal Trade Commission, with a Trump crony. 
There will be no meaningful constraint on Wall Street’s dangerous gambling addiction. The gambling will only increase. 
Wall Street is already celebrating Trump’s victory. The stock market has reached new heights. But the stock market is inconsequential for most people, because the richest 1 percent own over half of all shares of stock owned by Americans while the richest 10 percent own over 90 percent. 
There will be no limits to CEO pay. Wall Street hedge fund and private equity managers will also rake in billions more. Government will dole out even more corporate subsidies, bailouts, and loan guarantees while eliminating protections for consumers, workers, and the environment. 
It will become a government for, of, and by the oligarchy.
The biggest divide in America today is not between “right” and “left,” or between Republicans and Democrats. It’s between democracy and oligarchy. The old labels — “right” and “left” — prevent most people from noticing they’re being shafted.
The propagandists and demagogues who protect the oligarchy stoke racial and ethnic resentments — describing human beings as illegal aliens, fueling hatred of immigrants, and spreading fears of communists and socialists. 
This strategy gives the oligarchy freer rein: It distracts Americans from how the oligarchy is looting the nation, buying off politicians, and silencing critics. It causes Americans to hate each other so we don’t look upward and see where the wealth and power have really gone. 
The necessary agenda
The way to overcome oligarchy is for the rest of us to join together and win America back, as we did in response to the oligarchy that dominated America’s last Gilded Age. 
This will require a multiracial, multiethnic coalition of working-class, poor, and middle-class Americans fighting for democracy and against concentrated power and privilege. 
It will require that the Democratic Party, or a new third party, tell the truth to the American people: that the major reason most peoples’ wages have gone nowhere and their jobs are less secure, why most families have to live paycheck to paycheck, why CEO pay has soared to 300 times the pay of the typical worker, and why billionaires are about to run our government, is because the market has been rigged against average working people by the oligarchy. 
The agenda ahead is simply stated but it will not be easy to implement: We must get big money out of our politics. End corporate welfare and crony capitalism. Bust up monopolies. Stop voter suppression. 
We must strengthen labor unions, give workers a stronger voice in their workplaces, create more employee-owned corporations, encourage worker cooperatives, fund and grow more state and local public banks, and develop other institutions of economic democracy.
This agenda is neither “right” nor “left.” It is the bedrock for everything else America must do.
It may seem an odd time in our history to suggest such reforms, but this is the best time. Trump and his oligarchy will inevitably overreach. The lesson from the last Gilded Age is that when the corruption and ensuing hardship become so blatant that they offend the values of the majority of Americans, the majority will rise up and demand real, systemic change.
It’s only a matter of time. A government shutdown that hurts average people, engineered by the richest person in the world, might just hasten it. 
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maybe-boys-do-love · 3 months ago
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So I shared, the Spanish-language horror visual references in this week’s Peaceful Property episode (which are great ghost story films for comparison in thematic elements, as well). The death this week, though, is yet another ghost story reference, this time in an English-language series with lots of commentary on class and the racial and gender politics of domestic work, The Haunting of Bly Manor.
🚨spoilers for both series from here on🚨
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In Bly Manor, Hannah Grose, the estate’s maid is revealed late in the series to be a ghost, who had fallen into a well on the grounds. Although the series is based off Henry James’s Turn of the Screw and its celebrated film adaptation The Innocents from the 1960s and its celebrated 2000s remake The Others* with Nicole Kidman (in which the twist from the previous is that the governess main character is revealed to be dead), Hannah Grose’s death is a new addition in the Netflix series. It compounds the complex themes about class and domestic servitude in the original British story and adds issues of race to the proceedings.
Peaceful Property uses Baanchuen’s story for similar purposes. Migrant domestic work is an important issue in Southeast Asia. The International Labor Organization put out a report last year stating, “29 per cent of surveyed migrant domestic workers in Malaysia were in conditions meeting the ILO’s statistical definition of forced labour; as were 7 per cent of surveyed workers in Singapore and 4 per cent in Thailand. Indicators of involuntariness include not being able to quit your job, having to stay in the job longer than agreed, and being made to work without overtime pay, among others.” Shackles, like those on Baanchuen’s ghost, are an easily recognizable symbol of enslavement, indicating the extent of Aunt Phom’s cruelty.
But even under legal circumstances, domestic workers are one of the least protected group of laborers in Thailand and abroad. Taiwanese-American labor organizer, MacArthur “genius” grant recipient, and mentor/friend to BLM cofounder Alicia Garza, Ai-Jen Poo has a fantastic interview on On Being, in which she discusses the racialized, gendered, international, and cross-class dynamics that define domestic care work, which impacts the strategies to organizing for workers rights in the field.
“The average annual income for a home care worker [presumably in the US at the time of recording in 2020] is $15,000 per year. And I can’t think of any community that I’ve ever lived in where you can survive on $15,000 a year. It’s really quite extraordinary. And they’re there and see employers come home with a pair of shoes that are maybe more than they make in a week, and yet, their job is to care and support and love, and they do so. You can’t actually do your job as a caregiver if you dehumanize the person that is in your charge. And I think that that is so much of what’s needed in this moment. All of us need to understand that we have a profound set of challenges and inequities that we have to deal with and transform, but we have to do it with a boundless sense of compassion and humanity.”
I’d encourage some of my fellow watchers of Peaceful Property to heed Poo’s perspective on disrupting class distinctions and what the advocacy for equitable practices has looked like in her work. I’m a caseworker myself and have worked alongside people who had less privilege than me for caring wealthy people who never the less didn’t always recognize the value of those whose work they depended on and didn’t have the labor laws that might provide that guidance. There are a few pieces of work that explore this meaningfully (better than The Help, although Viola Davis and Octavia Spencer absolutely carved out depths in their characters stories that weren’t there on the page). Glad to see Peaceful Property making its attempt to explore these depths. It actually made me reflect on how many of the jobs after the first episode really focused on gendered aspects of labor—a wig-maker, assistants, food-making…
And for my Homepeach truthers out there, that gender conversation is not just about labor. Bly Manor is also notable for its queer romance storyline with a wealthier character running from her internalized homophobia/guilt after a car accident…
*Incidentally, The Others is also heavily influenced by the same Spanish film, The Spirit of the Beehive, as both referenced Spanish-language horror films in these weeks episode.
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mostlysignssomeportents · 1 year ago
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NLRB rules that any union busting triggers automatic union recognition
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Tonight (September 6) at 7pm, I'll be hosting Naomi Klein at the LA Public Library for the launch of Doppelganger.
On September 12 at 7pm, I'll be at Toronto's Another Story Bookshop with my new book The Internet Con: How to Seize the Means of Computation.
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American support for unions is at its highest level in generations, from 70% (general population) to 88% (Millenials) – and yet, American unionization rates are pathetic.
That's about to change.
The National Labor Relations Board just handed down a landmark ruling – the Cemex case – that "brought worker rights back from the dead."
https://prospect.org/labor/2023-08-28-bidens-nlrb-brings-workers-rights-back/
At issue in Cemex was what the NLRB should do about employers that violate labor law during union drives. For decades, even the most flagrantly illegal union-busting was met with a wrist-slap. For example, if a boss threatened or fired an employee for participating in a union drive, the NLRB would typically issue a small fine and order the employer to re-hire the worker and provide back-pay.
Everyone knows that "a fine is a price." The NLRB's toothless response to cheating presented an easily solved equation for corrupt, union-hating bosses: if the fine amounts to less than the total, lifetime costs of paying a fair wage and offering fair labor conditions, you should cheat – hell, it's practically a fiduciary duty:
https://www.jstor.org/stable/10.1086/468061
Enter the Cemex ruling: once a majority of workers have signed a union card, any Unfair Labor Practice by their employer triggers immediate, automatic recognition of the union. In other words, the NLRB has fitted a tilt sensor in the American labor pinball machine, and if the boss tries to cheat, they automatically lose.
Cemex is a complete 180, a radical transformation of the American labor regulator from a figleaf that legitimized union busting to an actual enforcer, upholding the law that Congress passed, rather than the law that America's oligarchs wish Congress had passed. It represents a turning point in the system of lawless impunity for American plutocracy.
In the words of Frank Wilhoit, it is is a repudiation of the conservative dogma: "There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect":
https://crookedtimber.org/2018/03/21/liberals-against-progressives/#comment-729288
It's also a stunning example of what regulatory competence looks like. The Biden administration is a decidedly mixed bag. On the one hand there are empty suits masquerading as technocrats, champions of the party's centrist wing (slogan: "Everything is fine and change is impossible"):
https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge
But the progressive, Sanders/Warren wing of the party installed some fantastically competent, hard-charging, principled fighters, who are chapter-and-verse on their regulatory authority and have the courage to use that authority:
https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff
They embody the old joke about the photocopier technician who charges "$1 to kick the photocopier and $79 to know where to kick it." The best Biden appointees have their boots firmly laced, and they're kicking that mother:
https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does
One such expert kicker is NLRB General Counsel Jennifer Abruzzo. Abruzzo has taken a series of muscular, bold moves to protect American workers, turning the tide in the class war that the 1% has waged on workers since the Reagan administration. For example, Abruzzo is working to turn worker misclassification – the fiction that an employee is a small business contracting with their boss, a staple of the "gig economy" – into an Unfair Labor Practice:
https://pluralistic.net/2022/01/10/see-you-in-the-funny-papers/bidens-legacy
She's also waging war on robo-scab companies: app-based employment "platforms" like Instawork that are used to recruit workers to cross picket lines, under threat of being blocked from the app and blackballed by hundreds of local employers:
https://pluralistic.net/2023/07/30/computer-says-scab/#instawork
With Cemex, Abruzzo is restoring a century-old labor principle that has been gathering dust for generations: the idea that workers have the right to organize workplace gemocracies without fear of retaliation, harassment, or reprisals.
But as Harold Meyerson writes for The American Prospect, the Cemex ruling has its limits. Even if the NLRB forces and employer to recognize a union, they can't force the employer to bargain in good faith for a union contract. The National Labor Relations Act prohibits the Board from imposing a contract.
That's created a loophole that corrupt bosses have driven entire fleets of trucks through. Workers who attain union recognition face years-long struggles to win a contract, as their bosses walk away from negotiations or offer farcical "bargaining positions" in the expectation that they'll be rejected, prolonging the delay.
Democrats have been trying to fix this loophole since the LBJ years, but they've been repeatedly blocked in the senate. But Abruzzo is a consummate photocopier kicker, and she's taking aim. In Thrive Pet Healthcare, Abruzzo has argued that failing to bargain in good faith for a contract is itself an Unfair Labor Practice. That means the NLRB has the authority to act to correct it – they can't order a contract, but they can order the employer to give workers "wages, benefits, hours, and such that are comparable to those provided by comparable unionized companies in their field."
Mitch McConnell is a piece of shit, but he's no slouch at kicking photocopiers himself. For a whole year, McConnell has blocked senate confirmation hearings to fill a vacant seat on the NLRB. In the short term, this meant that the three Dems on the board were able to hand down these bold rulings without worrying about their GOP colleagues.
But McConnell was playing a long game. Board member Gwynne Wilcox's term is about to expire. If her seat remains vacant, the three remaining board members won't be able to form a quorum, and the NLRB won't be able to do anything.
As Meyerson writes, centrist Dems have refused to push McConnell on this, hoping for comity and not wanting to violate decorum. But Chuck Schumer has finally bestirred himself to fight this issue, and Alaska GOP senator Lisa Murkowski has already broken with her party to move Wilcox's confirmation to a floor vote.
The work of enforcers like DoJ Antitrust Division boss Jonathan Kanter, FTC chair Lina Khan, and SEC chair Gary Gensler is at the heart of Bidenomics: the muscular, fearless deployment of existing regulatory authority to make life better for everyday Americans.
But of course, "existing regulatory authority" isn't the last word. The judges filling stolen seats on the illegitimate Supreme Court had invented the "major questions doctrine" and have used it as a club to attack Biden's photocopier-kickers. There's real danger that Cemex – and other key actions – will get fast-tracked to SCOTUS so the dotards in robes can shatter our dreams for a better America.
Meyerson is cautiously optimistic here. At 40% (!), the Court's approval rating is at a low not seen since the New Deal showdowns. The Supremes don't have an army, they don't have cops, they just have legitimacy. If Americans refuse to acknowledge their decisions, all they can do it sit and stew:
https://pluralistic.net/2023/05/26/mint-the-coin-etc-etc/#blitz-em
The Court knows this. That's why they fume so publicly about attacks on their legitimacy. Without legitimacy, they're nothing. With the Supremes' support at 40% and union support at 70%, any judicial attack on Cemex could trigger term-limits, court-packing, and other doomsday scenarios that will haunt the relatively young judges for decades, as the seats they stole dwindle into irrelevance. Meyerson predicts that this will weigh on them, and may stay their hands.
Meyerson might be wrong, of course. No one ever lost money betting on the self-destructive hubris of Federalist Society judges. But even if he's wrong, his point is important. If the Supremes frustrate the democratic will of the American people, we have to smash the Supremes. Term limits, court-packing, whatever it takes:
https://pluralistic.net/2020/09/20/judicial-equilibria/#pack-the-court
And the more we talk about this – the more we make this consequence explicit – the more it will weigh on them, and the better the chance that they'll surprise us. That's already happening! The Supremes just crushed the Sackler opioid crime-family's dream of keeping their billions in blood-money:
https://pluralistic.net/2023/08/11/justice-delayed/#justice-redeemed
But if it doesn't stop them? If they crush this dream, too? Pack the court. Impose term limits. Make it the issue. Don't apologize, don't shrug it off, don't succumb to learned helplessness. Make it our demand. Make it a litmus test: "If elected, will you vote to pack the court and clear the way for democratic legitimacy?"
Meanwhile, Cemex is already bearing fruit. After an NYC Trader Joe's violated the law to keep Trader Joe's United from organizing a store, the workers there have petitioned to have their union automatically recognized under the Cemex rule:
https://truthout.org/articles/trader-joes-union-files-to-force-company-to-recognize-union-under-new-nlrb-rule/
With the NLRB clearing the regulatory obstacles to union recognition, America's largest unions are awakening from their own long slumbers. For decades, unions have spent a desultory 3% of their budgets on organizing workers into new locals. But a leadership upset in the AFL-CIO has unions ready to catch a wave with the young workers and their 88% approval rating, with a massive planned organizing drive:
https://prospect.org/labor/labors-john-l-lewis-moment/
Meyerson calls on other large unions to follow suit, and the unions seem ready to do so, with new leaders and new militancy at the Teamsters and UAW, and with SEIU members at unionized Starbucks waiting for their first contracts.
Turning union-supporting workers into unionized workers is key to fighting Supreme Court sabotage. Organized labor will give fighters like Abruzzo the political cover she needs to Get Shit Done. A better America is possible. It's within our grasp. Though there is a long way to go, we are winning crucial victories all the time.
The centrist message that everything is fine and change is impossible is designed to demoralize you, to win the fight in your mind so they don't have to win it in the streets and in the jobsite. We don't have to give them that victory. It's ours for the taking.
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If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks
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she-is-ovarit · 1 year ago
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Ashli Streeter said Stevens Transport did not hire her because it had no women to train her. Credit...Montinique Monroe for The New York Times
The trucking industry has complained for years that there is a dire shortage of workers willing to drive big rigs. But some women say many trucking companies have made it effectively impossible for them to get those jobs. Trucking companies often refuse to hire women if the businesses do not have women available to train them. And because fewer than 5 percent of truck drivers in the United States are women, there are few female trainers to go around. The same-sex training policies are common across the industry, truckers and legal experts say, even though a federal judge ruled in 2014 that it was unlawful for a trucking company to require that female job candidates be paired only with female trainers. Ashli Streeter of Killeen, Texas, said she had borrowed $7,000 to attend a truck driving school and earn her commercial driving license in hopes of landing a job that would pay more than the warehouse work she had done. But she said Stevens Transport, a Dallas-based company, had told her that she couldn’t be hired because the business had no women to train her. Other trucking companies turned her down for the same reason. “I got licensed, and I clearly could drive,” Ms. Streeter said. “It was disheartening.” Ms. Streeter and two other women filed a complaint against Stevens Transport with the Equal Employment Opportunity Commission on Thursday, contending that the company’s same-sex training policy unfairly denied them driving jobs. The commission investigates allegations made against employers, and, if it determines a violation has occurred, it may bring its own lawsuit. The commission had brought the lawsuit that resulted in the 2014 federal court decision against similar policies at another trucking company, Prime. Critics of the industry said the persistence of same-sex training nearly a decade after that ruling, which did not set national legal precedent, was evidence that trucking companies had not done enough to hire women who could help solve their labor woes. “It’s frustrating to see that we have not evolved at all,” said Desiree Wood, a trucker who is the president and founder of Real Women in Trucking, a nonprofit. Ms. Wood’s group is joining the three women in their E.E.O.C. complaint against Stevens, which was filed by Peter Romer-Friedman, a labor lawyer in Washington, and the National Women’s Law Center. Companies that insist on using women to train female applicants generally do so because they want to avoid claims of sexual harassment. Trainers typically spend weeks alone with trainees on the road, where the two often have to sleep in the same cab. Critics of same-sex training acknowledge that sexual harassment is a problem, but they say trucking companies should address it with better vetting and anti-harassment programs. Employers could reduce the risk of harassment by paying for trainees to sleep in a hotel room, which some companies already do. Women made up 4.8 percent of the 1.37 million truck drivers in the United States in 2021, according to the most recent government statistics, up from 4 percent a decade earlier. Long-haul truck driving can be a demanding job. Drivers are away from home for days. Yet some women say they are attracted to it because it can pay around $50,000 a year, with experienced drivers making a lot more. Truck driving generally pays more than many other jobs that don’t require a college degree, including those in retail stores, warehouses or child care centers.
The infrastructure act of 2021 required the Federal Motor Carrier Safety Administration to set up an advisory board to support women pursuing trucking careers and identify practices that keep women out of the profession. Robin Hutcheson, the administrator of the agency, said requiring same-sex training would appear to be a barrier to entry. “If that is happening, that would be something that we would want to take a look at,” she said in an interview. Ms. Streeter, a mother of three, said she had applied to Stevens because it hired people straight out of trucking school. She told Stevens representatives that she was willing to be trained by a man, but to no avail. Bruce Dean, general counsel at Stevens, denied the allegations in the suit. “The fundamental premise in the charge — that Stevens Transport Inc. only allows women trainers to train women trainees — is false,” he said in a statement, adding that the company “has had a cross-gender training program, where both men and women trainers train female trainees, for decades.” Some legal experts said that, although same-sex training was ruled unlawful in only one federal court, trucking companies would struggle to defend such policies before other judges. Under federal employment discrimination law, employers can seek special legal exemptions to treat women differently from men, but courts have granted them very rarely. “Basically, what the law says is that a company needs to be able to walk and chew gum at the same time,” said Deborah Brake, a professor at the University of Pittsburgh who specializes in employment and gender law. “They need to be able to give women equal employment opportunities and prevent and remedy sexual harassment.” Ms. Streeter said she had made meager earnings from infrequent truck driving gigs while hoping to get a position at Stevens. Later this month, she will become a driver in the trucking fleet of a large retailer. Kim Howard, one of the other women who filed the E.E.O.C. complaint against Stevens, said she was attracted to truck driving by the prospect of a steady wage after working for decades as an actor in New York. “It was very much a blow,” she said of being rejected because of the training policy. “I honestly don’t know how I financially made it through.” Ms. Howard, who is now employed at another trucking company, said she had worked briefly at a company where she was trained by two men who treated her well. “It’s quite possible for a woman to be trained by a man, and a man to be a professional about what the job is,” she said. Other female drivers said they had been mistreated by male trainers who could be relentlessly dismissive and sometimes refused to teach them important skills, like reversing a truck with a large trailer attached. Rowan Kannard, a truck driver from Wisconsin who is not involved in the complaint against Stevens, said a male trainer had spent little time training her on a run to California in 2019. At a truck stop where she felt unsafe, Ms. Kannard said, the trainer demanded that she leave the cab — and then locked her out. She asked to stop the training and was flown back to Wisconsin. Yet she said she did not believe that same-sex training for women was necessary. “Some of these men that are training, they should probably go through a course.” Click the article to read more. The author is Peter Eavis.
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mariacallous · 2 months ago
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U.S. President-elect Donald Trump has vowed to conduct “the largest deportation effort in American history,” no matter the price tag—but the economic costs of such a campaign may be bigger than he has bargained for. 
Trump soared to victory in the recent presidential election after campaigning on a hard-line immigration policy and promising to oversee mass deportations, pledging at one point to target between 15 million and 20 million undocumented immigrants. Vice President-elect J.D. Vance has said that the administration would “start with 1 million,” beginning with “the most violent criminals.” 
When the former U.S. leader returns to office in January, those plans are certain to face logistic, legal, political, and financial obstacles—all of which have raised questions about what Trump can actually do, and how quickly. But if Trump does succeed in conducting deportations close to the scale that he has promised, economists expect the effort to deal a blow to the U.S. economy, driving up inflation and undercutting economic growth.
“Leaving aside the human issues, leaving aside the law issues, we think that would be very destructive economically,” said Adam Posen, the president of the Peterson Institute for International Economics. “I don’t think people have really understood how potentially big that effect is.”
Around 11 million people are estimated to be in the United States illegally, according to the Department of Homeland Security, a population that accounts for nearly 5 percent of the total U.S. workforce and comprises particularly large shares of the labor force in agriculture, construction, and leisure and hospitality.
As of 2017, an estimated 66 percent of undocumented immigrants had lived in the United States for more than a decade, while some 4.4 million U.S.-born children lived with a parent who was in the country illegally.
The removal of such a sizable labor and consumer force would likely reverberate throughout the U.S. economy, economists told Foreign Policy. 
The “mass deportation of millions of people will cause reduced employment opportunities for U.S. workers, it will cause reduced economic growth in America, it will cause a surge in inflation, and it will cause increased budget deficits—that is, a higher tax burden on Americans,” said Michael Clemens, an economist who studies international migration at George Mason University.
While it’s difficult to predict what exactly Trump’s deportation effort will look like, his ambitions are now coming into sharper focus. The president-elect has confirmed his plans to declare a national emergency and enlist the military to carry out the deportations. Stephen Miller, who served as the administration’s immigration czar in Trump’s first term and will be his next deputy chief of staff for policy, has said that the administration will oversee sweeping workplace raids and build “vast holding facilities,” likely in Texas, to detain those who are awaiting deportations. 
“We’re already working on a plan,” said Tom Homan—whom Trump has named his next “border czar” and who was formerly acting director of Immigration and Customs Enforcement (ICE)—in a recent interview with Fox News. “We’re going to take the handcuffs off ICE.” 
That will likely entail a steep price tag. Mobilizing the resources to arrest, detain, legally process, and then ultimately deport 1 million immigrants per year—as Vance has suggested—would cost some $88 billion annually, according to estimates by the American Immigration Council, an advocacy group for immigrants. Removing all 13.3 million people who are either in the United States illegally or under some sort of revocable temporary status would require $967.9 billion over the course of more than 10 years, the group estimates. 
“Deporting a person is very expensive,” said Andrea Velasquez, an economist at the University of Colorado Denver. “That is going to impose a huge fiscal burden,” she added. 
And those are just the upfront costs. Undocumented immigrants comprise a major labor force in the United States—particularly in the agricultural sector, where they have accounted for some 40 percent of the farm labor force over the past three decades—often earning lower wages for jobs that the vast majority of American voters say they do not want. 
These immigrants are also a major consumer force that spends money and contributes to the U.S. economy in the form of taxes, all while being ineligible for most federal benefits. 
There are “the indirect costs of the lost economic contributions, productivity, and taxes of the people who would be removed,” said Julia Gelatt, an expert in U.S. immigration policy at the Migration Policy Institute. 
In 2022, for example, undocumented immigrants paid some $96.7 billion in federal, state, and local taxes—the majority of which went to the federal government, according to the Institute on Taxation and Economic Policy. 
Given their tax contributions, Wendy Edelberg, an economist at the Brookings Institution, said that undocumented immigrants are “really good for the federal budget.” But that’s not always the case for state and local governments, which don’t raise as much in taxes from them but are responsible for supplying schooling and health care. Supporting undocumented immigrants can often be a “net negative” for their budgets, she said.
Texas, for example, shelled out more than $100 million on for undocumented immigrants’ emergency hospital care in 2023; New York City Mayor Eric Adams has said that the city’s ongoing migrant crisis could cost some $12 billion over a three year period. 
Proponents of mass deportations, such as Vance, argue that the plan would be economically beneficial for American workers, including by helping to ease an affordable housing crisis and generating more employment opportunities. Given that undocumented immigrants are often working at lower pay, they reason, removing them from the country would push U.S. firms to hire American workers at higher wages.
“People say, well, Americans won’t do those jobs. Americans won’t do those jobs for below-the-table wages. They won’t do those jobs for non-living wages. But people will do those jobs, they will just do those jobs at certain wages,” Vance told the New York Times in October. 
“We cannot have an entire American business community that is giving up on American workers and then importing millions of illegal laborers,” he added. “It’s one of the biggest reasons why we have millions of people who’ve dropped out of the labor force.”
Past mass deportations, however, indicate that the scheme may actually harm employment outcomes for American workers. To understand the labor market impacts of mass deportations, a group of economists, including Velasquez, studied the effects of the Obama administration’s “Secure Communities” program, which expelled more than 400,000 undocumented immigrants. 
Rather than boosting American workers’ job prospects, the study suggested that the Obama-era mass deportations actually cut their employment numbers and wages. With almost half a million undocumented immigrants removed from the labor pool—either through deportations or more indirectly—the economists found that 44,000 U.S.-born workers also lost their employment. 
That’s likely because undocumented immigrants and U.S.-born workers often compete for different jobs, so the result of mass deportations is “labor shortages,” Velasquez said. “That is going to lead to higher labor costs, so now it’s going to be more expensive to produce, and that is going to create a ripple effect that is also going to affect their demand for U.S.-born workers,” she said. 
“The idea that removing [undocumented immigrants] causes U.S. workers to rush in and fill the same jobs is a fantasy,” said Clemens, who was not one of the study’s authors. 
And it’s not just American labor outcomes that could be affected, either; studies suggest that the impacts of mass deportations would likely be felt across the U.S. economy more broadly. 
An analysis by the Peterson Institute for International Economics, for example, found that if the Trump administration deported 1.3 million people who are in the country illegally, both the U.S. gross domestic product (GDP) and overall employment would suffer. GDP would drop 1.2 percent below the baseline scenario, in which there are no deportations, while employment would fall by 1.1 percent by 2028. 
In a more extreme scenario, where the Trump administration deported 8.3 million undocumented immigrants, the economic outlook would be even worse. Compared to the baseline forecast, GDP would plummet by 7.4 percent by 2028 while employment would drop by 6.7 percent. 
In both scenarios, deportations would also drive up inflation through 2028, with the agricultural sector being especially hard hit. 
“Take an essential ingredient out of the economy, and the ripple effects extend,” Clemens said. 
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brightlotusmoon · 3 months ago
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While efforts to phase out this exclusion have grown in recent years, Disabled workers remain the only group still legally subject to subminimum wages under federal law.
States like Alaska, Maryland, New Hampshire, and Vermont have already abolished Section 14(c), proving that a fair and equitable labor market for Disabled workers is possible. Additionally, red states like Utah have taken significant steps toward ending Section 14(c). It's time to take this reform to the federal level.
The intent of Section 14(c) was to allow employers, particularly sheltered workshops, to pay Disabled workers based on their productivity compared to non-disabled workers. The idea was that by offering subminimum wages, employers would be incentivized to hire Disabled workers who might otherwise be excluded from the workforce. However, it has become a convenient loophole for employers to secure cheap labor while exploiting Disabled workers without facing any consequences. By allowing these practices to continue, we are enabling the exploitation of an already marginalized group, further entrenching them in poverty rather than providing opportunities for growth and independence.
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robertreich · 2 years ago
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Why Child Labor in America is Skyrocketing
Corporations are bringing back child labor in America.
And some Republicans want to make it easier for them to get away with it.
Since 2015, child labor violations have risen nearly 300%. And those are just the violations government investigators have managed to uncover and document.
The Department of Labor says it's currently investigating over 600 cases of illegal child labor in America. Major American companies like General Mills, Walmart, and Ford have all been implicated.
Why on Earth is this happening? The answer is frighteningly simple: greed.
Employers have been having difficulty finding the workers they need at the wages they are willing to pay. Rather than reduce their profits by paying adult workers more, employers are exploiting children.
The sad fact of the matter is that many of the children who are being exploited are considered to be “them” rather than “us” because they’re disproportionately poor and immigrant. So the moral shame of subjecting “our” children to inhumane working conditions when they ought to be in school is quietly avoided.
And since some of these children (or their parents) are undocumented, they dare not speak out or risk detention and deportation. They need the money. This makes them easily exploitable.
It’s a perfect storm that’s resulting in vulnerable children taking on some of the most brutal jobs.
Folks, we’ve seen this before.
Reformers fought to establish the Fair Labor Standards Act of 1938 for a reason — to curb the grotesque child labor seen during America’s first Gilded Age.
The U.S. banned most child labor.
But now, pro-business trade groups and their Republican lackeys are trying to reverse nearly a century of progress, and they're using the so-called "labor shortage" as their excuse.
Arkansas will no longer require 14 and 15 year olds to get a work permit before taking a job — a process that verified their age and required permission from a parent or guardian.
A bill in Ohio would let children work later on school nights.
Minnesota Republicans are pushing to let 16 year-olds work in construction.
And 14-year-olds in Iowa may soon be allowed to take certain jobs in meatpacking plants and operate dangerous machinery.
It’s all a coordinated campaign to erode national standards, making it even easier for companies to profit off children.
Across America, we’re witnessing a resurgence of cruel capitalism in which business lobbyists and lawmakers justify their actions by arguing that they are not exploiting the weak and vulnerable, but rather providing jobs for those who need them and would otherwise go hungry or homeless.
Conveniently, these same business lobbyists and lawmakers are often among the first to claim we “can’t afford” stronger safety nets that would provide these children with safe housing and adequate nutrition.
So what can stop this madness?
First: Fund the Department of Labor so it can crack down on child labor violations. When I was Secretary of Labor, the department was chronically underfunded and understaffed. It still is, because lawmakers and their corporate backers want it that way.  
Second: Increase fines on companies that break child labor laws. Current fines are too low, and are treated as costs of doing business by hugely profitable companies that violate the law.
Third: Hold major corporations accountable. Many big corporations contract with smaller companies that employ children, which allows the big corporations to play dumb and often avoid liability. It’s time to demand that large corporations take responsibility for their supply chains.
Fourth: Reform immigration laws so undocumented children aren’t exploited.
And lastly: Organize. Fight against state laws that are attempting to bring back child labor.
Are corporate profits really more important than the safety of children?
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