Low Income Employees Losing Income Left and Right

Moneychanginghands Steve Greenhouse over at the New York Times gives us the scoop about an interesting new workplace study by Ruth Milkman, among others:

Low-wage workers are routinely denied proper overtime pay and are often paid less than the minimum wage, according to a new study based on a survey of workers in New York, Los Angeles and Chicago.

The study, the most comprehensive examination of wage-law violations in a decade, also found that 68 percent of the workers interviewed had experienced at least one pay-related violation in the previous work week.

“We were all surprised by the high prevalence rate,” said Ruth Milkman, one of the study’s authors and a sociology professor at the University of California, Los Angeles, and the City University of New York. The study, to be released on Wednesday, was financed by the Ford, Joyce, Haynes and Russell Sage Foundations.

In surveying 4,387 workers in various low-wage industries, including apparel manufacturing, child care and discount retailing, the researchers found that the typical worker had lost $51 the previous week through wage violations, out of average weekly earnings of $339. That translates into a 15 percent loss in pay.

Part of the study’s findings were that employers of low-income workers were successful in intimidating them not to bring workplace claims, including worker compensation claims.

I actually think this study resonates with the current fight between unions and companies over the Employee Free Choice Act and the need for voluntary recognition of unions versus the need to keep secret ballot elections.

Really what this argument is all about is whether you are more concerned about union intimidation or management intimidation in the workplace.  I think, at least in the low income world, this study is further proof that employer intimidation is much more prevalent and impactful.  As someone recently put it to me: there is just something about an employer having the ultimate power of hiring and firing workers.

Continue ReadingLow Income Employees Losing Income Left and Right

FIRED FOR ALL CAPS EMAILS IN NEW ZEALAND!!!!!

Boss_button Christoper Null: The Working Guy, who has a Tech blog over on Yahoo!, has this interesting story about a New Zealand worker fired for sending confrontational emails:

WHAT COULD BE MORE ANNOYING THAN THIS? MAYBE IF IT WAS BOLD? AND RED? . . . .

And if you worked for New Zealand’s ProCare Health, it could even get you fired.

That’s exactly what hapened to Vicki Walker, who was abruptly kicked out of her job for sending “confrontational emails” with text formatted in a variety of red, bold, and all caps fonts. Walker had sent the emails to fellow workers within the company, usually with stern and detailed instructions on how forms should be properly filled out.

Someone at ProCare didn’t like her approach, suggesting she caused “disharmony in the workplace” and was being too confrontational via email, eventually firing her without warning.

Walker, however, got the last laugh. She sued for wrongful termination and won the case, pocketing $17,000 in lost wages and for other unspecified harm caused due to the firing.

OK, so Null brings up some good questions about this unusual workplace situation, including: “Is it OK to fire someone for misuse of their caps lock button?”  I love his witty repartee about those responding in caps being fired!

What would happen in the United States?  Well, with our vaunted employment at will system, probably not much, unless you could make the argument that this type of firing causes intentional infliction of emotional distress (hard to see how this would qualify as utterly intolerable in a civilized society, no?).

Just cause for firing in a union or civil service environment – here, I have to agree with the Tribunal in New Zealand, I DON’T THINK SO!!!

Hat Tip:  MIKE ZIMMER!!!!

Continue ReadingFIRED FOR ALL CAPS EMAILS IN NEW ZEALAND!!!!!

Is Michael Vick a Civil Rights Martyr?

VICKpbMichael Vick’s return to the NFL last Thursday demonstrated, if nothing else, that Americans are tired of debating dog-fighting and the appropriateness of Vick’s 23 month sentence for violating federal dog-fighting laws.  Only a couple of anti-Vick demonstrators showed up at the game.  In fact, by far the largest number of demonstrators at the game were civil rights activists, many members of the Philadelphia chapter of the NAACP and the Black Clergy of Philadelphia.  The pro-Vick demonstrators were there to protest the harsh treatment that Vick received, and, in their view, continues to receive, from animal rights groups and the American legal system.

The national debate triggered by Vick’s arrest and conviction revealed that most middle and upper class Americans viewed dog-fighting as barbaric and properly criminal.  On the other hand, it also made many aware for the first time that there were racial, socio-economic, and regional dimensions to the debate.  While few openly called for the repeal of all dog-fighting laws, it became clear that many African-Americans and rural whites, particularly Southerners and those with lower incomes, did not view dog fighting as a particularly serious offense.  Many in these groups still find it a fascinating and exhilarating spectator sport, and, consequently, view the laws against it as trivial and unfair.  From their perspective the issue was not so much one of animal rights but the ability of the majority to impose their cultural views on a relatively powerless minority.

Although dog-fighting has been illegal in every state for some time now—Vick’s home state of Virginia outlawed “commercialized” dog-fighting and betting on dog-fights at the end of the 19th century—the sport once had a long and surprisingly upper class pedigree.  Queen Elizabeth I was a great fan of dog-fighting and prevented Parliament from outlawing the sport during her reign.  Dog-fighting, along with bear baiting, cock fighting, gander pulling, and other blood sports were quite popular in colonial Virginia and helped to unite individuals of different races and economic classes, including slaves and their masters.

Even after dog-fighting was outlawed, at least in the South there was a long tradition of law enforcement officials looking the other way, or sometimes joining in the activity.  (In that regard, it was like “moonshining.”) To this day, the kindred sport of cock fighting remains legal in Virginia (so long as it is done solely for the enjoyment of the spectators and no money changes hands), and a recent effort to abolish it in the Old Dominion failed, in part because the state’s farmers are among the nation’s leading breeders of fighting roosters.  More over, hunting, fishing, and horse racing continue to be perfectly legal although it is hard to believe that the animals involved derive much pleasure from the sport.

I spent a good part of the summer in my hometown of Pearisburg, Virginia (pop. 2200).  While I was there, the topic of conversation frequently turned to Michael Vick.  Although the town has a black town councilman which it elected in at large voting, it is predominantly white and very conservative.  Almost without exception, however, everyone seemed to view seemed to feel that Vick had gotten an extremely raw deal.

While it is true that the town is overwhelming populated by fans of Virginia Tech (Vick’s alma mater), I don’t think that that was the reason for their views.  (They would have felt the same, I think, even if he had played for UVa or West Virginia University.) For what they viewed as at best a minor infraction against an animal, Vick was punished as though he had committed a serious offense against another human being.

I am sure that nothing would please Michael Vick more than for the public to completely forget about his dog-fighting experiences.  However, as the focus of civil rights disputes increasingly shifts from issues of race to issues of culture, Vick may be a symbol of resistance for those who embrace rural, lower class Southern values instead of those of the middle-class majority.

Continue ReadingIs Michael Vick a Civil Rights Martyr?