#wage theft

[politijohn]

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A reminder….

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New York lawmakers proposed three new bills last week that would make it difficult for wage theft violators to conduct business in the state. The legislation would bolster the power of state agencies to crack down on wage theft by stripping violators of their liquor licenses or business licenses, as well as issuing stop-work orders against them. The legislation was prompted by reports of rampant wage theft against New York workers, including two investigations published by Documented and ProPublica. The stories revealed that more than 127,000 New Yorkers have been victims of wage theft during a recent five-year period, but that the New York State Department of Labor was unable to recover $79 million in back wages owed to the workers. The stories were based on an analysis of two databases of wage theft violations obtained from the U.S. and New York Labor departments. The databases provided previously unreported details on how much money had been stolen from workers and also shed light on which businesses had committed wage theft. “We knew from our conversations with labor and from our constituent service caseload that wage theft is a chronic problem,” said Sen. Jessica Ramos, a Democrat who sponsored the legislation. “We did not have the data to understand the scale of the issue in New York state until the ProPublica and Documented series came out last year. Having this reporting as a tool set us up to put this package together and focused our attention on” the capacity of the Department of Labor. The legislation — dubbed the “wage theft deterrence package” by lawmakers — includes three bills, which are co-sponsored in the State Assembly by Assembly members Kenny Burgos, Harvey Epstein and Linda Rosenthal.

[batboyblog]

Things Biden and the Democrats did, this week #27

July 12-19 2024

President Biden announced the cancellation of $1.2 billion dollars worth of student loan debt. This will cancel the debt of 35,000 public service workers, such as teachers, nurses, and firefighters. This brings the total number of people who've had their student debt relived under the Biden Administration to 4.8 million or one out of every ten people with student loan debt, for a total of $168.5 billion in debt forgiven. This came after the Supreme Court threw out an earlier more wide ranging student debt relief plan forcing the administration to undertake a slower more piecemeal process for forgiving debt. President Biden announced a new plan in the spring that will hopefully be finalized by fall that will forgive an additional 30 million people's student loan debt.

President Biden announced actions to lower housing coasts, make more housing available and called on Congress to prevent rent hikes. President Biden's plan calls for landlords who raise the rent by more than 5% a year to face losing major important tax befits, the average rent has gone up by 21% since 2021. The President has also instructed the federal government, the largest land owner in the country, to examine how unused property can be used for housing. The Bureau of Land Management plans on building 15,000 affordable housing units on public land in southern Nevada, the USPS is examining 8,500 unused properties across America to be repurposed for housing, HHS is finalizing a new rule to make it easier to use federal property to house the homeless, and the Administration is calling on state, local, and tribal governments to use their own unused property for housing, which could create approximately 1.9 million units nationwide.

The Department of Transportation announced $5 billion to replace or restore major bridges across the country. The money will go to 13 significant bridges in 16 states. Some bridges are suffering from years of neglect others are nearly 100 years old and no longer fit for modern demands. Some of the projects include the I-5 bridge over the Columbia River which connects Portland Oregon to Vancouver Washington, replacing the Sagamore Bridge which connects Cape Cod to the mainland built in 1933, replacing the I- 83 South Bridge in Harrisburg, Pennsylvania, and Cape Fear Memorial Bridge Replacement Project in Wilmington, North Carolina, among others.

President Biden signed an Executive Order aimed at boosting Latino college attendance. The order established the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity through Hispanic-Serving Institutions. Hispanic-Serving Institutions (HSIs) are defined as colleges with 25% or above Hispanic/Latino enrollment, currently 55% of Hispanic college students are enrolled in an HSI. The initiative seeks to stream line the relationship between the federal government and HSIs to allow them to more easily take advantage of federal programs and expand their reach to better serve students and boost Hispanic enrollment nationwide.

HUD announced $325 million in grants for housing and community development in 7 cities. the cities in Tennessee, Texas, Alabama, Florida, Nevada, New York and New Jersey, have collectively pledged to develop over 6,500 new mixed-income units, including the one-for-one replacement of 2,677 severely distressed public housing units. The 7 collectively will invest $2.65 billion in additional resources within the Choice Neighborhood area – so that every $1 in HUD funds will generate $8.65 in additional resources.

President Biden took extensive new actions on immigration. On June 18th The President announced a new policy that would allow the foreign born spouses and step children of American citizens who don't have legal status to apply for it without having to leave the country, this would effect about half a million spouses and 50,000 children. This week Biden announced that people can start applying on August 19, 2024. Also in June President Biden announced an easing of Visa rules that will allow Dreamers, Americans brought to the country as children without legal status, to finally get work visas to give them legal status and a path way to citizenship. This week the Biden Administration announced a new rule to expand the federal TRIO program to cover Dreamers. TRIO is a program that aims to support low income students and those who would be the first in their families to go to college transition from high school to college, the change would support 50,000 more students each year. The Administration also plans to double the number of free immigration lawyers available to those going through immigration court.

The EPA announced $160 million in grants to support Clean U.S. Manufacturing of Steel and Other Construction Materials. The EPA estimates that the manufacturing of construction materials, such as concrete, asphalt, steel, and glass, accounts for 15% of the  annual global greenhouse gas emissions. The EPA is supporting 38 projects aimed at measuring and combatting the environmental impact of construction materials.

The US announced $203 million in humanitarian assistance for the people of Sudan. Sudan's out of control civil war has caused the largest refugee crisis in the world with 11 million Sudanese having fled their homes in the face of violence. The war is also causing the gravest food crisis in the world, with a record setting 25 million people facing acute food insecurity, and fears that nearly a million will face famine in the next months. This aid brings the total aid the US has given Sudan since September 2023 to $1.6 billion, making America the single largest donor to Sudan.

The Consumer Financial Protection Bureau put forward a new rule that would better regulate popular paycheck advance products. 2/3rds of workers are payed every two weeks or once a month and since 2020 the number of short term loans that allow employees to receive their paycheck days before it’s scheduled to hit their account has grown by 90%. the CFPB says that many of these programs are decided with employers not employees and millions of Americans are paying fees they didn't know about before signing up. The new rule would require lenders to tell costumers up front about any and all fees and charges, as well as cracking down on deceptive "tipping" options.

[mostlysignssomeportents]

Nurses whose shitty boss is a shitty app

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/2024/12/17/loose-flapping-ends/#luigi-has-a-point

Operating a business is risky: you can't ever be sure how many customers you'll have, or what they'll show up looking for. If you guess wrong, you'll either have too few workers to serve the crowd, or you'll pay workers to stand around and wait for customers. This is true even when your "business" is a "hospital."

Capitalists hate capitalism. Capitalism is defined by risk – like the risk of competitors poaching your customers and workers. Capitalists all secretly dream of a "command economy" in which other people have to arrange their affairs to suit the capitalists' preferences, taking the risk off their shoulders. Capitalists love anti-competitive exclusivity deals with suppliers, and they really love noncompete "agreements" that ban their workers from taking better jobs:

https://pluralistic.net/2023/04/21/bondage-fees/#doorman-building

One of the sleaziest, most common ways for capitalists to shed risk is by shifting it onto their workers' shoulders, for example, by sending workers home on slow days and refusing to pay them for the rest of their shifts. This is easy for capitalists to do because workers have a collective action problem: for workers to force their bosses not to do this, they all have to agree to go on strike, and other workers have to honor their picket-lines. That's a lot of chivvying and bargaining and group-forming, and it's very hard. Meanwhile, the only person the boss needs to convince to screw you this way is themself.

Libertarians will insist that this is impossible, of course, because workers will just quit and go work for someone else when this happens, and so bosses will be disciplined by the competition to find workers willing to put up with their bullshit. Of course, these same libertarians will tell you that it should be legal for your boss to require you to sign a noncompete "agreement" so you can't quit and get a job elsewhere in your field. They'll also tell you that we don't need antitrust enforcement to prevent your boss from buying up all the businesses you might work for if you do manage to quit.

In practice, the only way workers have successfully resisted being burdened with their bosses' risks is by a) forming a union, and then b) using the union to lobby for strong labor laws. Labor laws aren't a substitute for a union, but they are an important backstop, and of course, if you're not unionized, labor law is all you've got.

Enter the tech-bro, app in hand. The tech-bro's most absurd (and successful) ruse is "it's not a crime, I did it with an app." As in "it's not money-laundering, I did it with an app." Or "it's not a privacy violation, I did it with an app." Or "it's not securities fraud, I did it with an app." Or "it's not price-gouging, I did it with an app," or, importantly, "it's not a labor-law violation, I did it with an app."

The point of the "gig economy" is to use the "did it with an app" trick to avoid labor laws, so that bosses can shift risks onto workers, because capitalists hate capitalism. These apps were first used to immiserate taxi-drivers, and this was so successful that it spawned a whole universe of "Uber for __________" apps that took away labor rights from other kinds of workers, from dog-groomers to carpenters.

One group of workers whose rights are being devoured by gig-work apps is nurses, which is bad news, because without nurses, I would be dead by now.

A new report from the Roosevelt Institute goes deep on the way that nurses' lives are being destroyed by gig work apps that let bosses in America's wildly dysfunctional for-profit health care industry shift risk from bosses to the hardest-working group of health care professionals:

https://rooseveltinstitute.org/publications/uber-for-nursing/

The report's authors interviewed nurses who were employed through three apps: Shiftkey, Shiftmed and Carerev, and reveal a host of risk-shifting, worker-abusing practices that has nurses working for so little that they can't afford medical insurance themselves.

Take Shiftkey: nurses are required to log into Shiftkey and indicate which shifts they are available for, and if they are assigned any of those shifts later but can't take them, their app-based score declines and they risk not being offered shifts in the future. But Shiftkey doesn't guarantee that you'll get work on any of those shifts – in other words, nurses have to pledge not to take any work during the times when Shiftkey might need them, but they only get paid for those hours where Shiftkey calls them out. Nurses assume all the risk that there won't be enough demand for their services.

Each Shiftkey nurse is offered a different pay-scale for each shift. Apps use commercially available financial data – purchased on the cheap from the chaotic, unregulated data broker sector – to predict how desperate each nurse is. The less money you have in your bank accounts and the more you owe on your credit cards, the lower the wage the app will offer you. This is a classic example of what the legal scholar Veena Dubal calls "algorithmic wage discrimination" – a form of wage theft that's supposedly legal because it's done with an app:

https://pluralistic.net/2023/04/12/algorithmic-wage-discrimination/#fishers-of-men

Shiftkey workers also have to bid against one another for shifts, with the job going to the worker who accepts the lowest wage. Shiftkey pays nominal wages that sound reasonable – one nurse's topline rate is $23/hour. But by payday, Shiftkey has used junk fees to scrape that rate down to the bone. Workers have to pay a daily $3.67 "safety fee" to pay for background checks, drug screening, etc. Nevermind that these tasks are only performed once per nurse, not every day – and nevermind that this is another way to force workers to assume the boss's risks. Nurses also pay daily fees for accident insurance ($2.14) and malpractice insurance ($0.21) – more employer risk being shifted onto workers. Workers also pay $2 per shift if they want to get paid on the same day – a payday lending-style usury levied against workers whose wages are priced based on their desperation. Then there's a $6/shift fee nurses pay as a finders' fee to the app, a fee that's up to $7/shift next year. All told, that $23/hour rate cashes out to $13/hour.

On top of that, gig nurses have to pay for their own uniforms, licenses, equipment and equipment, including different colored scrubs and even shoes for each hospital. And because these nurses are "their own bosses" they have to deduct their own payroll taxes from that final figure. As "self-employed" workers, they aren't entitled to overtime or worker's comp, they get no retirement plan, health insurance, sick days or vacation.

The apps sell themselves to bosses as a way to get vetted, qualified nurses, but the entire vetting process is automated. Nurses upload a laundry list of documents related to their qualifications and undergo a background check, but are never interviewed by a human. They are assessed through automated means – for example, they have to run a location-tracking app en route to callouts and their reliability scores decline if they lose mobile data service while stuck in traffic.

Shiftmed docks nurses who cancel shifts after agreeing to take them, but bosses who cancel on nurses, even at the last minute, get away at most a small penalty (having to pay for the first two hours of a canceled shift), or, more often, nothing at all. For example, bosses who book nurses through the Carerev app can cancel without penalty on a mere two hours' notice. One nurse quoted in the study describes getting up at 5AM for a 7AM shift, only to discover that the shift was canceled while she slept, leaving her without any work or pay for the day, after having made arrangements for her kid to get childcare. The nurse assumes all the risk again: blocking out a day's work, paying for childcare, altering her sleep schedule. If she cancels on Carerev, her score goes down and she will get fewer shifts in the future. But if the boss cancels, he faces no consequences.

Carerev also lets bosses send nurses home early without paying them for the whole day – and they don't pay overtime if a nurse stays after her shift ends in order to ensure that their patients are cared for. The librarian scholar Fobazi Ettarh coined the term "vocational awe" to describe how workers in caring professions will endure abusive conditions and put in unpaid overtime because of their commitment to the patrons, patients, and pupils who depend on them:

https://www.inthelibrarywiththeleadpipe.org/2018/vocational-awe/

Many of the nurses in the study report having shifts canceled on them as they pull into the hospital parking lot. Needless to say, when your shift is canceled just as it was supposed to start, it's unlikely you'll be able to book a shift at another facility.

The American healthcare industry is dominated by monopolies. First came the pharma monopolies, when pharma companies merged and merged and merged, allowing them to screw hospitals with sky-high prices. Then the hospitals gobbled each other up, merging until most regions were dominated by one or two hospital chains, who could use buyer power to get a better deal on pharma prices – but also use seller power to screw the insurers with outrageous prices for care. So the insurers merged, too, until they could fight hospital price-gouging.

Everywhere you turn in the healthcare industry, you find another monopolist: pharmacists and pharmacy benefit managers, group purchasing organizations, medical beds, saline and supplies. Monopoly begets monopoly.

(Unitedhealthcare is extraordinary in that its divisions are among the most powerful players in all of these sectors, making it a monopolist among monopolists – for example, UHC is the nation's largest employer of physicians:)

https://www.thebignewsletter.com/p/its-time-to-break-up-big-medicine

But there two key stakeholders in American health-care who can't monopolize: patients and health-care workers. We are the disorganized, loose, flapping ends at the beginning and end of the healthcare supply-chain. We are easy pickings for the monopolists in the middle, which is why patients pay more for worse care every year, and why healthcare workers get paid less for worse working conditions every year.

This is the one area where the Biden administration indisputably took action, bringing cases, making rules, and freaking out investment bankers and billionaires by repeatedly announcing that crimes were still crimes, even if you used an app to commit them.

The kind of treatment these apps mete out to nurses is illegal, app or no. In an important speech just last month, FTC commissioner Alvaro Bedoya explained how the FTC Act empowered the agency to shut down this kind of bossware because it is an "unfair and deceptive" form of competition:

https://pluralistic.net/2024/11/26/hawtch-hawtch/#you-treasure-what-you-measure

This is the kind of thing the FTC could be doing. Will Trump's FTC actually do it? The Trump campaign called the FTC "politicized" – but Trump's pick for the next FTC chair has vowed to politicize it even more:

https://theintercept.com/2024/12/18/trump-ftc-andrew-ferguson-ticket-fees/

Like Biden's FTC, Trump's FTC will have a target-rich environment if it wants to bring enforcement actions on behalf of workers. But Biden's trustbusters chose their targets by giving priority to the crooked companies that were doing the most harm to Americans, while Trump's trustbusters are more likely to give priority to the crooked companies that Trump personally dislikes:

https://pluralistic.net/2024/11/12/the-enemy-of-your-enemy/#is-your-enemy

So if one of these nursing apps pisses off Trump or one of his cronies, then yeah, maybe those nurses will get justice.

Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en

[thoughtportal]

[odinsblog]

[soundandsleep]

[spiltcandycoatedpunkblood]

thanks bro, nothing like an ultra rich racist colonialist parasite sitting on and dressed in stolen goods telling us they're gonna crack down on people trying to fucking survive and they say its because of "illicit gangs" doing this

literally sounds like when benefits fraud and food stamp fraud were cracked down on because an absolutely tiny fraction of people committing it, so now we have to punish them all instead of doing absolutely anything about the poverty and inequality created here in the first place

[politijohn]

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[allthecanadianpolitics]

Bhubander Singh says he got into trucking after a friend told him it was a good way to make money. A year and a half into his new career, now working for his third company, he says he regrets his decision. The 26-year-old immigrant says his employers have constantly withheld pay, claiming he hasn't completed trips, and he's now owed over $9,000 in wages. "I did hard work. I was driving like 70 hours a week," he said. "I'm under so much pressure with the rent and with my bills and the car payments, and the company's not paying."

Continue Reading.

Tagging: @newsfromstolenland

[sinister-yet-satisfying]

New goal unlocked: Make billionaires cry

Cyber bully billionaires. If you have the opportunity, bully them to their faces. Make them cry. Make them scared to leave their houses. Terrorize them.

Break out the guillotine if you’re feeling ambitious.

[bitchesgetriches]

Why we’re against AI as a writing tool

Sophisticated AI tools like ChatGPT are the result of systemic, shameless theft of intellectual property and creative labor on a massive scale. These companies have mined the data of human genius… without permission. They have no intention of acknowledging their stolen sources, let alone paying the creators.

The tech industry’s defense is “Well, we stole so much from so many that it kinda doesn’t count, wouldn’t ya say?” Which is an argument that makes me feel like the mayor of Crazytown. I don’t doubt the courts will rule in their favor, not because it’s right, but because the opportunities for wealth generation are too succulent to let a lil’ thang like fairness win.

I’m not a luddite. I recognize that AI feels like magic to people who aren’t strong writers. I’d feel differently if the technology was achieved without the theft of my work. Couldn’t these tools have been made using legally obtained materials? Ah, but then they wouldn’t have been first to market! Think of the shareholders!

We’re lucky to have the ability and will to write. We won’t willingly use tools that devalue that skill. At most, I could see us using AI to assist with specific, narrow tasks like transcribing interview audio into text.

At a recent industry meetup, I listened as two personal finance gurus gushed about how easy AI made their lives. “All my newsletters and blogs are AI now! I add my own touches here and there—but it does 95% of the work!” Must be nice, I whispered to the empty void where my faith in mankind once dwelt, fingernails digging into my palms. It’s tough knowing I’m one of the myriad voices “streamlining their production.”

I feel strongly that every content creator who uses AI has a minimum duty to acknowledge it. Few will. It sucks. I’m frothing. Let’s move on.

Read more.

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