Legal
cmonforton | October 25, 2017Celebrity chef John Besh has joined Harvey Weinstein and Bill O’Reilly in news headlines about sexual harassment in the workplace. The New Orleans-based Besh has received numerous James Beard awards and has appeared on the Bravo TV network’s show Top Chef. His offenses were reported this week by Brett Anderson at The Times-Picayune. The reporter’s eight-month long investigation included interviews with 25 current and former employees of the Besh Restaurant Group.
Brett Anderson’s story includes a copy of one of the EEOC complaints filed by a former employee. That employee says:
"Vulgar and…
kkrisberg | October 10, 2017At Reveal, Amy Julia Harris and Shoshana Walter investigate an increasing criminal justice trend in which defendants are sent to rehab, instead of prison. On its face, the idea is a good one, especially for people struggling with addiction. However, the reporters find that many so-called rehab centers are little more than labor camps funneling unpaid workers into private industry.
The story focused on one particular center, Christian Alcoholics & Addicts in Recovery (CAAIR) in Oklahoma. Started by chicken company executives, CAAIR’s court-ordered residents work full-time at Simmons Foods…
kkrisberg | October 5, 2017Guns are the third leading cause of injury-related death in the country. Every year, nearly 12,000 gun homicides happen in the U.S., and for every person killed, two more are injured. Whether Congress will do anything about this violence is a whole other (depressing) article. But there is evidence that change is possible.
Last year, a study published in Epidemiologic Reviews “systematically” reviewed studies examining the links between gun laws and gun-related homicides, suicides and unintentional injuries and deaths. Researchers eventually gathered evidence from 130 studies in 10 countries,…
kkrisberg | September 12, 2017At the Huffington Post, Dave Jamieson reports that labor unions are stepping up to help protect increasingly vulnerable immigrant workers from deportation. In fact, Jamieson writes that in many instances, labor unions have become “de facto immigrants rights groups,” educating workers on their rights and teaching immigrants how to best handle encounters with immigration officials.
Jamieson’s story begins:
Yahaira Burgos was fearing the worst when her husband, Juan Vivares, reported to the Immigration and Customs Enforcement office in lower Manhattan in March. Vivares, who fled Colombia and…
kkrisberg | August 9, 2017At The New York Times, Elizabeth Olson writes about the challenges that older workers face in proving workplace bias. She begins the story with Donetta Raymond, a longtime manufacturing worker laid off, along with hundreds of others, by Spirit AeroSystems Holdings. Now, some of those workers are bringing a lawsuit after discovering that nearly half of the laid-off workers were 40 or older, the age when federal age discrimination protections kick in. Olson writes:
Such lawsuits are popping up as the nation’s work force ages and as many longtime workers claim that they are being deliberately…
kkrisberg | July 11, 2017At the Intercept, Avi Asher-Schapiro reports on a new insurance plan that Uber is offering its drivers that could help them recoup wages and cover medical expenses if they’re injured on the job. Asher-Schapiro notes that while some have described the Uber insurance plan — which workers buy by setting aside 3.75 cents per mile — as a form of workers’ compensation, it hardly fits the bill. In fact, in documents obtained by the Intercept, Uber explicitly states that the insurance plan isn’t workers’ comp. He writes:
Compared to traditional workers’ compensation insurance, Uber’s policy…
kkrisberg | June 30, 2017At the Center for Public Integrity, a five-part investigative series on safety at the nation’s nuclear facilities finds that workers can and do suffer serious injuries, yet the Department of Energy typically imposes only minimal fines for safety incidents and companies get to keep a majority of their profits, which does little to improve working conditions. Reporters estimated that the number of safety incidents has tripled since 2013.
For example, in 2009, the chair of a safety committee at Idaho National Laboratory told high-ranking managers that damaged plutonium plates could put workers…
cmonforton | June 16, 2017The Union of Concerned Scientists (UCS) filed an amicus brief in support of a lawsuit against one of President Trump’s deregulatory efforts. Executive Order 13771 (EO) requires an agency to rescind two regulations for each one it wants to adopt, and have the action's combined incremental costs total no more than $0, regardless of the benefits. When the President announced it in January 2017, I called it the "one step forward, two steps back" edict.
A lawsuit filed in February by Public Citizen, the Natural Resources Defense Council and the Communications Workers of America argues that the EO…
cmonforton | June 13, 2017[This post is dedicated to Doug Larkin. Doug was the co-founder of the Asbestos Disease Awareness Organization. He suffered in recent years with Amyotrophic Lateral Sclerosis (ALS) and passed away yesterday.]
Dallas-based OxyChem imports about 300,000 pounds of asbestos each year. Yes, asbestos. The deadly mineral that most Americans think is banned (it's not) and responsible for about 15,000 U.S. cancer deaths annually.
OxyChem is likely the largest asbestos importer in the U.S. The company is required under the Toxic Substances Control Act (TSCA) to report its asbestos imports to the EPA.…
cmonforton | June 8, 2017The phrase used in human resource circles is an “absence control program.” It's a program in which employees receive demerits company-determined infractions such as an absence or being late for a shift. If a worker accumulates too many demerits or "points," s/he is fired.
I worked at a restaurant job in the 1980’s with this kind of program. Many absences such as having car trouble or calling in sick were considered excused absences by our managers so many of us never received any "points."
But what I’ve been learning lately about these programs illustrates how some of them completely…
cmonforton | June 1, 2017Add this to the list of absurdities from the Trump Administration: the Justice Department (DOJ) is arguing that the AFL-CIO and the United Steelworkers (USW) should rely on DOJ attorneys to defend an Obama-era OSHA regulation. Seriously?
The rule that DOJ says it will defend on the unions' behalf was adopted by OSHA in May 2016 and concerns the reporting of injuries by employers. It is being threatened by a frivolous lawsuit brought the U.S. Chamber of Commerce, National Association of Home Builders, and the National Chicken Council. The business associations filed their lawsuit in the U.S.…
kkrisberg | May 30, 2017At Eater, Elizabeth Grossman reports that Democratic lawmakers have introduced legislation that would protect undocumented agricultural workers from deportation and provide them and their families with a path to long-term residence and citizenship.
The bill proposes that farmworkers who can prove at least 100 days of agricultural work in the last two years could apply for a “blue card” that grants temporary residency and the ability to work. Farmworkers with a blue card and who work for 100 days a year for five years or 150 days a year for three years would then be eligible for a green card…
kkrisberg | May 16, 2017At BuzzFeed, Kate Moore tells the story of the “radium girls,” the hundreds of women during WWI who worked painting watch dials with luminous radium paint — a substance that would eventually poison and kill them even though they were told it was perfectly safe. What followed was years of employers covering up and denying evidence that radium was killing workers, while berating the women for attempting to get help with their mounting medical bills.
Eventually, Moore writes, their fight for justice led to one of the first cases in which an employer was held responsible for the health of workers…
kkrisberg | May 2, 2017At ProPublica, Michael Grabell investigates how U.S. companies take advantage of immigrant workers, focusing on Case Farms poultry plants, which former OSHA chief David Michaels once described as “an outrageously dangerous place to work.” He reports that Case Farms built its business by recruiting some of the world’s most vulnerable immigrants, who often end up working in the kind of dangerous and abusive conditions that few Americans would put up with.
Grabell chronicles the history of Case Farms and how it first began recruiting refugees from Guatemala who were fleeing a brutal civil war in…
kkrisberg | May 1, 2017Protecting babies and children against dangerous — sometimes fatal — diseases is a core mission of public health. Everyday, in health departments across the nation, someone is working on maintaining and improving childhood vaccination rates and keeping diseases like measles and mumps from regaining a foothold in the U.S.
Fortunately for us, public health has been so successful that it’s easy to forget what it was like just a few decades ago when measles was a common childhood illness. (Though here’s a reminder.) But sustaining vaccination rates that provide population-wide protection against…
lborkowski | April 24, 2017In September 2016, Alex Campbell and Katie J.M. Baker reported on an in-depth BuzzFeed News investigation that found Baltimore County detectives often failed to investigate rape reports. They wrote:
The Baltimore County Police Department is one of a number of law enforcement agencies nationwide with an alarming record of dismissing rape cases, according to a BuzzFeed News analysis of FBI statistics. These departments routinely mark an extraordinary percentage of rape allegations as false or baseless — "unfounded.”
Baltimore County Police Department spokesperson Elise Armacost explained to…
kkrisberg | April 21, 2017There was always an assumption that the Affordable Care Act would need time to find its sea legs. That’s why it included measures to shield insurers from the potential profit losses that inherently come with offering millions more people better health coverage at more reasonable prices. Insurers operate on profit margins and the ACA took that into account, for better or for worse.
But it’s still been a rocky road for insurers. (Insert argument here for single-payer health care, but that’s a different story.) On the patient side, with 20 million more Americans insured and growing accounts of…
kkrisberg | April 18, 2017At Bloomberg BNA, Stephen Lee reports that with fears of deportation looming, undocumented immigrants are becoming afraid to access legal remedies when they’re injured on the job. The article notes that such immigrants are disproportionately employed in hazardous jobs and while they account for just 15 percent of the overall workforce, they account for 18 percent of occupational fatalities. Lee writes:
Sofia, a Mexican fieldworker in Santa Rosa, Calif., has a workers’ compensation case in the works after hurting her arm and shoulder pulling vine roots, requiring surgery. But she says she’s…
Worker revolt in Myanmar smashes garment factory and apparel brands’ false promises of a better life
garrettbrown | April 10, 2017In February 2017, garment workers enraged by abusive and illegal working conditions stormed their factory and smashed $75,000 worth of equipment after attacking factory managers. The worker revolt in the one of the poorest and most vulnerable countries in the world also revealed the broken promises of international clothing brands that sweatshop apparel production would lead to better lives and “empowerment” of the overwhelmingly female garment workforce in Myanmar.
The Hangzhou Hundred-Tex Garment factory is Chinese-owned and exclusively produces for Swedish apparel giant Hennes &…
kkrisberg | April 8, 2017At the Center for Public Integrity, Talia Buford and Maryam Jameel investigate federal contractors that receive billions in public funds despite committing wage violations against their workers. In analyzing Department of Labor data on more than 1,100 egregious violators, the reporters found that federal agencies modified or granted contracts totaling $18 billion to 68 contractors with proven wage violations. The Department of Defense contracted with the most wage violators.
Under Obama, labor officials had attempted to address the problem with the Fair Pay and Safe Workplaces rule, which…