As employers curtail health benefits, a Pew Report says that
we will see a shortage of dentists—and by implication, have worse dental
health. Highlights: 1. 127 million Americans lack dental insurance. 2. the
supply of dentists is not meeting the demand for care, and this shortage is
expected to intensify over the next 10 years. 3. There are 71 million children
and adults who rely on Medicaid and the Children’s Health Insurance Program,
but only one-third of dentists cared for patients on public insurance in 2013
due to low reimbursement rates and burdensome paperwork. 4. In 2012,
there were more than two million dental-related visits to hospital emergency
rooms – most could have been addressed earlier in a dental office. The cost for
this care was about $1.6 billion. The story is here.
Legal updates, new research, interesting ideas for students-- past and present-- of LER Prof. Michael H. LeRoy, University of Illinois at Urbana-Champaign. Welcome, also, to friends who are curious about employment and labor law.
Monday, September 28, 2015
Saturday, September 26, 2015
Does Your State Prohibit Genetic Discrimination in Employment? Answer Is Here
Interested in more information about genetic discrimination
laws? We are covering new material in class Monday—I pass on this great link to
applicable state laws (here). A federal also prohibits this type of employment
discrimination (called Genetic Information Nondiscrimination Act, or GINA). For more, see this link. The main ambiguity
in these statutes is the definition of genetic information. A narrow
interpretation covers only a test that reveals a propensity for disease or
actual condition. By this definition, an employer can use a cheek swab to link
employees to workplace vandalism or theft or similar. But in a key ruling (here), a
federal court rejected this definition and said that Congress intended to
prohibit employers from collecting all genetic information, regardless of the
purpose.
State of the Unions: Higher Wages, Declining Membership
Two Wall Street Journal articles summarize the state of the
unions. First, union wages are, on average, higher than for nonunion workers.
The chart above shows how the union wage premium varies by demographic group. For more, read here. Second,
union membership is declining—and has been for decades. Overall, the rate in
2014 was 11.1% last year, down from 11.3% the prior year. Membership in the
private sector fell to a rate of 6.6% in 2014, from 6.7%. In the public-sector,
the rate rose to 35.7%, from 35.3%.
The article is here.
The article is here.
Friday, September 25, 2015
Want Health in Old Age? Work for It
NPR
reports on a major health study that finds better health outcomes for people
who work in their 60s and 70s. The article features Michael Doucleff, who owns
and operates a donut and coffee shop (what better place to meet people?). For 45
years, he has been waking up at 2 a.m. to make sure his donuts and pastries are
ready by 6 a.m. Now 70, he is working hard— more than 40 hours a week—and he
still carries 50-pound bags of flour upstairs from the basement. "You've
got to wake up sometime in the morning — might as well have a purpose,"
Doucleff says. "I think I still contribute to society. For me, that's
enjoyable." The study finds that “employed older adults had better health
outcomes than unemployed older adults. Physically demanding occupations had the
lowest risk of poor health outcomes, suggesting a stronger healthy worker
effect: service workers were at lowest risk of multiple functional limitations;
and blue-collar workers were at lowest risk of multimorbidity and multiple
functional limitation. Hugs to Sarah for sharing this story (click here).
Thursday, September 24, 2015
The New Face of American Unions: How An Illogical “Yogi-ism” Fits
Yogi
Berra, passed away yesterday. He was famous for making up illogical sayings
that had the essence of truth, such as: “When you reach a fork in the road,
take it!” This applies to today’s American unions. For 70 years, they have
tried to formally organize employees into collective bargaining units. Their goal
was to bargain wages, hours, and terms and conditions of employment. After 40
years of adverse legal rulings, unions are finding it more advantageous, at
times, to form employees into worker committees—without taking the next step of
petitioning for an election. Ironically, these worker committees may have more
potency than a formal union. One example: the SEIU’s $15 per hour wage push,
which has been more productive for fast food employees than formal union organizing.
For more on this second fork in the road for unions, see this New York Times article.
Tuesday, September 22, 2015
Wal-Mart Wrongfully Terminated Employees Who Fought Off Customer Assaults
Wal-Mart policy requires employees to avoid violent
confrontations and call law enforcement. At one Utah store, two employees were
fired after they pried a knife out of the hands of a woman caught shoplifting
who threatened to stab them if they didn’t let her go. At another store, three
employees stopped a man who was walking out with a computer. Spotting a gun on
him, they pinned him to a wall and took away his weapon.
Last week, Utah’s Supreme Court ruled they were wrongfully
discharged. The opinion said: “Although we acknowledge that Wal-Mart‘s interest
in regulating its workforce is important, we conclude that there is a clear and
substantial public policy in Utah favoring the right of self-defense for three
reasons. First, the right of self-defense is enshrined in Utah statutes, the Utah
Constitution, and our common law decisions. Second, a policy favoring the right
protects human life and deters crime, conferring substantial benefits on the
public. And third, the public policy supporting the right of self-defense
outweighs an employer‘s countervailing interests in circumstances where an
employee reasonably believes that force is necessary to defend against an
imminent threat of serious bodily injury and the employee has no opportunity to
withdraw.” The decision is here.
Monday, September 21, 2015
Want a Better Wall? Expect Higher Housing Prices: 570,000 Mexican Construction Workers Leave U.S.
Several industries are unusually dependent on Mexican
workers. Home construction is one. A Wall
Street Journal article reports Commerce Department data showing that the
number of Mexican construction workers in the U.S. has fallen from a peak of
1.89 million in 2007 to 1.32 million in 2014. Quoting the WSJ article: “many of those workers who went back to Mexico during
the downturn haven’t returned to work in the U.S. due to tighter immigration
controls—both for those entering legally and those not—and comparable job
opportunities in some Mexican states with improving economies…. That doesn’t
bode well for a home-building industry that increasingly has cited labor
shortages among the factors deterring greater production of late.” Continuing: “a
less hospitable environment in the U.S. in recent years for Mexican migration,
legal or illegal…. Their report notes Commerce Department figures showing a 67%
decline in immigration to the U.S. from Mexico from 2006 to 2013. What’s not in
the report? The fact that Americans are not picking up the slack. Read more here.
Sunday, September 20, 2015
Uber Drivers on Strike in Dallas: Can Teamsters Be Far Behind?
Texas is an improbable place for a new type of strike. On
Friday, “UberBlack” drivers turned off their Uber apps and have refused to pick
up rides since then. UberBlack is the premium segment of the ride-market.
UberBlack drivers typically buy black SUVs or limos—expensive luxury vehicles—
in the hope that they’ll pay-off their investment and make more money. However,
Uber’s policy compels them to accept cheaper rides under the basic UberX
platform. In this article, reporter
Robert Wilonsky writes: “As we noted Friday and again yesterday, UberBlack
drivers who say they spent $40,000 to $50,000 on luxury SUVs and town cars are
protesting a company directive forcing them to pick up passengers who wanted
the cheaper UberX service, which bills itself as ‘everyday cars for everyday
use.’ They say they didn’t sign on to
Uber to make pennies on the dollar and work 14 hours a day to compete with
drivers using their own cars who work when they want.” I note that the
Dallas drivers sound more like employees than entrepreneurs.
Saturday, September 19, 2015
Drinks Are Served … But Justice Is Not
Borgata is an Atlantic City casino that opened in 2003 to
bring a touch of Vegas to the East Coast. The casino marketed “Borgata Babes”[see
photo]— drink servers— to reflect "the fun, upscale, sensual,
international image that is consistent with the Borgata brand." All Babes were marketed in a brochure in these
terms: “She moves toward you like a movie star, her smile melting the ice in
your bourbon and water. You forget your own name. She kindly remembers it for
you. You become the most important person in the room. And relax in the
knowledge that there are no calories in eye candy.” Under the program, Borgata hired
686 women and 46 men. In time, 21 Babes—all women-- were for fired for failing
to meet weight standards. On September 17th a New Jersey appeals
court ruled that their employment conditions did not constitute unlawful discrimination. The court’s dubious
reasoning: “The record shows the BorgataBabe position comprised more than a job
serving drinks and washing glasses. From its inception, an element of
performance and a public appearance component was part of the described
BorgataBabe position. The record does not dispute the BorgataBabes appeared as
the face of the casino outside the casino floor. Further, based on their
designated role on behalf of defendant BorgataBabes were provided lower and
more flexible hours, more beneficial earning opportunities, and perquisites of
employment not extended to defendant's other associates. These facts
demonstrate the business specialization of the BorgataBabes among defendant's
associates.” Read the decision here.
Friday, September 18, 2015
Under the Radar: U.S. Household Incomes Flat Since 1996
While Americans debate Donald Trump’s daily fulminations and insults, there is distressing news about the demise of the American dream-- the dream of economic progress. The news is from a study conducted by the U.S. Census Bureau. It finds that “the median annual household income stayed all but flat, at $53,657. Adjusted for inflation, incomes are barely above their 1996 level.” For more, read here.
Thursday, September 17, 2015
Exotic Dancers: Employees or Independent Contractors? Why It Matters
Priya Verma sued The Penthouse Club of Philadelphia under federal
and state wage laws. The recent case illustrates a trend I am seeing in my
current research project— companies misclassify workers as “contractors” and
they impose various chargebacks or fines, all of which are subtracted from their
compensation. For dancers, the night club charged a fee for their
dressing room, fined them for not wearing their hair down, charged a “stage
rental fee,” required tips be paid
to the disc jockey, fined them $100 for smoking and $50 for dress code violations, and so on. Think this is
unique to strippers? Hardly. I am finding that many installers of cable
services and delivery workers are misclassified as independent contractors. If
they don’t complete work within a specified time, or their work is not
satisfactory, they are deducted piece-rate pay in “chargebacks.” Besides the
workers who are cheated out of overtime and minimum wage pay, the biggest
losers are Social Security and other government units that collect employment taxes. Who
pays for this cheating? Honest employers. Verma recently won a preliminary ruling in her
lawsuit.
Wednesday, September 16, 2015
Is Speed Hiring Any Better Than Speed Dating?
Today’s Wall Street
Journal highlights the latest trend in some HR circles, namely “fast track
hiring.” Quoting from the article: “Fed up with recruiting that takes weeks or
months, employers are experimenting with ways to take on new employees in a
matter of days or even hours. Chipotle
Mexican Grill Inc. made a highly publicized push last week to hire 4,000
workers in a single day, and other technology and media companies are
accelerating the way they woo and acquire talent, from entry-level workers to
directors. Managers say that things like delaying or forgoing reference checks
and scheduling back-to-back interviews are helping swiftly fill jobs with good
employees, although some workplace experts caution that such sprints may result
in costly mistakes.” Okay, then, the next HR trend will be speed firing, followed by speed
lawsuits for wrongful termination and similar. One proponent of speed hiring,
Prof. John Sullivan, opines: “In recruiting, LeBron [James] is gone after one
day.” I guess he missed the concept that even pro sports teams do extensive
evaluations before draft day. Nothing about drafting an athlete is hasty … and
given the high costs of making a bad hire even for a Chipotle food server, why
rush into a mistake? The article is here.
Tuesday, September 15, 2015
Pay for Traveling to Work? Yes, In Europe; No, in U.S.
The European Union’s highest court has ruled that workers without a stationary office—for example, a home health care worker, or a service technician who travels in a van— must be paid when they leave home until they return from work. In the U.S., this is highly implausible. The main law that covers this situation is the Portal-to-Portal Act. It says that “compensable time” begins with “principal” work activities, and also includes preliminary and postliminary activities if they are “integrally related” to principal activities. Examples: Refueling a company vehicle at the firm’s garage; donning and doffing safety equipment to work on a “cut line” in a meat packing plant. Excluded: Going through an employer’s security screening line in the Supreme Court’s recent (and narrow) construction of the Portal-to-Portal Act. Read news about EU court here. Contrast with our Supreme Court's ruling in 2014 here, involving an Amazon fulfillment center.
Friday, September 11, 2015
Female Migrant Workers Win $17 Million for Sexual Harassment by Farm Managers
Migrant workers are a vulnerable population. Women are especially at risk for exploitation. The EEOC charged two
sons of the owner of Moreno Farms and a third male supervisor with graphic acts
of sexual harassment against females who worked in the packaging house.
Allegedly, these men groped, propositioned, and threatened female employees with termination
if they refused the supervisors' sexual advances. Allegations also included attempted rape. The
women were fired for opposing this harassment. A Florida jury has now awarded
them $17 million. Details are here.
Uber Update: Older Drivers Enjoy Social Aspect; Pay Overestimated
An
interesting article in Ozy reports: “Bryan Yune doesn’t really need to work.
The 73-year-old has a nest egg and his wife still brings in regular dough. So
why is he driving his new Prius around Mountain View, California, for several
hours every morning, moving Uber and Lyft customers from point A to point B?
It’s simple, he says: ‘I can’t not be with people.’” The article continues: “Of course, the majority of drivers for
ride-hailing companies actually do care about the money. Three-quarters of Uber
drivers said money was their biggest motivation, according to a
company-commissioned report released in January, and they reported making an
average of $19 per hour. Glassdoor, an independent salary tracking site, has
Uber drivers making closer to $15 per hour, while SherpaShare, which tracks
ride-hailing employees specifically, estimated that gross earnings per Uber
trip were below $15 for every location outside of New York City. And that
doesn’t even include Uber’s 20 percent cut, or fuel and vehicle costs that the
contractor takes on. Uber is rarely a driver’s sole source of income, according
to the company report.” Read more here.
Tuesday, September 8, 2015
Sponge Bob Agrees: Work Friendships Matter
A
friend has passed along an unusually valuable article in the New York Times,
“Friends at Work: Not So Much.” Here are key highlights: 1. In 1985, about half
of Americans said they had a close friend at work; by 2004, this was true for
only 30 percent [what is it today?!]. 2. Because work relationships are more
transitory, work interactions are more narrow, with negative implications for organizational
health and effectiveness. 3. The workplace is much more “transactional.” Consider
this observation: “We may be underestimating the impact of workplace
friendships on our happiness — and our effectiveness. Jobs are more satisfying
when they provide opportunities to form friendships. Research shows that groups
of friends outperform groups of acquaintances in both decision making and
effort tasks. When friends work
together, they’re more trusting and committed to one another’s success. That
means they share more information and spend more time helping — and as long as
they don’t hold back on constructive criticism out of politeness, they make
better choices and get more done." Read here.
Monday, September 7, 2015
Slave Labor and Costco? The Link
What’s
not to like about Costco? Huff Post lists it among the top ten companies on the
basis of a positive reputation with customers and employees. There is a dark
side to this success story, however: Costco, like so many large firms, relies
on an extensive supply chain that threads into the most remote, dangerous, and
lawless corners of the world. Far-flung corporations not only have “contractors”
who make their goods—those contractors have sub-contractors, who have their who
own sub-contractors, and so on. Actual
goods are sometimes made by slave laborers. Today, the Wall Street Journal
reports on recent lawsuits against food company Nestle SA and big-box retailer
Costco Wholesale Corp. alleging they sold products made from materials produced
with slave labor. This news comes on the heels of the conviction in Brazil of
construction firm Odebrecht Group for keeping workers in slave-like conditions.
The challenge is for companies to understand how people work in every phase of their
supply chains. The fascinating article is here.
Are More Older People Working?
For a happy Labor Day experience, I accompanied my wife to
do something that is unnatural for me: go shopping. We both remarked on the
older age of the workers we encountered, as well as their positive attitudes
about working on a holiday. Being an older worker who sneaked back to work this
Labor Day, I looked up a report on older workers in the Bureau of Labor
Statistics (a great resource). Their last comprehensive study, published in
2008, found: “Between 1977 and 2007, employment of workers 65 and over
increased 101 percent, compared to a much smaller increase of 59 percent for
total employment (16 and over). The number of employed men 65 and over rose 75
percent, but employment of women 65 and older increased by nearly twice as
much, climbing 147 percent. While the number of employed people age 75 and over
is relatively small (0.8 percent of the employed in 2007), this group had the
most dramatic gain, increasing 172 percent between 1977 and 2007.” My hunch?
Those trends have accelerated from 2008 to the present. The study is here: http://www.bls.gov/spotlight/2008/older_workers/
Sunday, September 6, 2015
More Vandalism?
This picture shows our campus-based Rabbi’s broken window. His van was parked for Sabbath over this Labor Day
weekend. The building to the right is the place of worship, a modest frame
house. The van transports his wife and young children. University of Illinois students gather there, not only for worship, but to socialize and plan activities to serve others. If the window shattered due to heat, it would be an unfortunate coincidence, occurring about 50 feet from where a menorah was torn down a month ago.
Saturday, September 5, 2015
How Should We Handle Potty Mouths at Work? Your Thoughts….
LSU has fired a tenured professor for her repeated and off-putting use of the F-word in class, and using a vulgar term for genitalia. It doesn’t help that she is training future elementary teachers. But let’s put aside the fact that academe is home to crackpots as well as serious thinkers. Most of us deal with a potty mouth at work. In varying degrees, they offend … or inhibit group interactions. Does ignoring them address the issue? Don’t think so. How about a training module? Don’t think so. How about firing them? Don’t think so, unless there are aggravating factors, such as actionable harassment. Is a potty mouth on email or social media worse than in person? I don’t know, but to me, it often seems worse in print because these terms are not in my spellchecker. I have no panacea, but I wonder: How did the hiring or promotion process break down in bringing these social pollutants to our work lives? Were these tendencies observable and predictable at an earlier point? Your ideas and suggestions are invited. If I receive enough comments, I’ll follow up by sharing them.
Tuesday, September 1, 2015
Court Ruling: Independent Contractor Model Not So Uber
Today's ruling is a major setback for
Uber’s contractor model. While the court agreed with Uber’s argument that drivers
set their own schedules, the court weighed more heavily the fact that Uber
controls drivers’ territories, unilaterally sets their compensation, restricts
their ability to work independently for rivals such as Lyft and Sidecar,
promulgates performance standards for drivers, requires an onboarding process
for them, and allows Uber to terminate drivers without cause. Key to note, according to the
court, while Uber drivers believed that they were independent contractors, they
came to this belief because Uber told them so. Under California law, what an
individual believes about his or her work relationship to a parent organization
does not negate the economic realities of work control exercised by the
organization. Uber, in effect, cannot hoodwink
drivers into waiving their right to an employment relationship. This clears the
way for anyone who drove for Uber in California since August 16, 2009 to join
the plaintiff class. That group is likely to be very large, and the ruling
today will exert pressure on Uber to settle short of facing large damages at
trial—and worse, an adverse legal precedent for other courts. Uber’s work model has faced legal setbacks
abroad; but this large setback, before a court in Uber’s home state and city,
may undermine its chic appeal for signing up drivers who are looking for the
Uber lifestyle. Court ruling is here: https://www.documentcloud.org/documents/2325473-gov-uscourts-cand-269290-341-0.html
Subscribe to:
Posts (Atom)