Cuomo signs bill making it illegal to threaten employees over immigration status (NY)

Posted by National Alliance for Fair Contracting on

by Peter Katz
July 29, 2019 1:07 a.m.

Gov. Andrew Cuomo over the weekend signed into law a bill that makes it illegal for an employer in New York state to retaliate against a worker by contacting federal immigration authorities or threatening to do so. The measure also extends the protection to threats or actions against an employee’s family or household members. The provision takes effect 19 days from the bill’s signing.

The idea for specifying that protections also cover threats regarding immigration status was proposed by the office of New York State Attorney General Letitia James and the legislation was sponsored by state Sen. Jessica Ramos of Queens and Assemblyman Marcos Crespo of the Bronx.

The new law adds language to existing labor law in order to specify that when the existing law says it’s illegal to “threaten, penalize, or in any other manner discriminate or retaliate against any employee” that includes contacting or threatening to contact a federal, state or local agency about an employee’s immigration or citizenship status or the status of a family or household member.

“There is no place for any form of harassment, intimidation, and abuse in the workplace,” James said. “It is incumbent on us to help vulnerable workers be able to stand up for their rights without fear of punishment.”

James’ office said it has received numerous credible reports of employers threatening immigrant workers with potential deportation for standing up for themselves. It also said immigrants are more likely to be victims of wage theft, sexual harassment and misclassification as independent contractors rather than employees entitled to benefits than are employees who are U.S. citizens.

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New wage and hour chief comes to Oregon from the national union movement (OR)

Posted by National Alliance for Fair Contracting on

July 10, 2019
By Don McIntish

The top Washington DC lobbyist for North America’s Building Trades Unions (NABTU) is starting a new assignment: Oregon Wage and Hour Administrator. Hired by Oregon Labor Commissioner Val Hoyle, Sonia Ramirez began her new position July 8.

Wage and Hour administrator oversees staff responsible for enforcing a range of vital workers rights laws, from minimum wage and overtime rules to child labor, farm and forest labor contracting laws, and requirements that contractors pay the prevailing wage on public construction projects.

As NABTU government affairs director in Washington, DC, Ramirez fought to defend the federal prevailing wage law, known as Davis-Bacon, from attacks by union foes in Congress. She served nine years in that capacity. Before that, she was a lobbyist on immigration policy for the national AFL-CIO.

Ramirez met Hoyle through NABTU when Hoyle went to Washington as a state legislator, but Hoyle was as surprised as any when Ramirez decided to make a career change and apply for the job in Oregon. Ramirez sees it as a continuation by other means of her work on behalf of working people.

Ramirez grew up bilingual in a building trades union household in Los Angeles, the youngest of nine children of parents who immigrated to the United States from Mexico. Her father, formerly a union member in Mexico, was a member of Laborers Local 300 in Los Angeles for 50 years. Growing up, her father’s union meant food on the table, and a chance to see Santa Claus at the union hall every year. Later, at NABTU, she became a journeyman member of her father’s local by invitation of national Laborers Union president Terry O’Sullivan. Even now as wage and hour administrator, she maintains her membership in the union.

“I’m well aware of what is at stake, and the political forces that pile up against workers,” Ramirez told the Labor Press about her new position. “Enforcing [these laws] is a very significant responsibility that I take wholeheartedly.”

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Other Views: Prevailing wage laws have widespread support (WI)

Posted by National Alliance for Fair Contracting on

By Andrew Disch
July 10, 2019

A spokesperson for Wisconsin Manufacturers & Commerce recently told the Wisconsin State Journal, “We don’t want to make it too comfortable to remain unemployed.” Currently, the maximum weekly unemployment benefit is $370. Who on this planet describes $370 a week as “comfortable”?

The president of the Associated Builders & Contractors has cited “inflated wages” in opposition to prevailing wage. Are rising wages on Main Street somehow a bad thing?

The perspectives from corporate groups such as WMC and ABC are relevant to understand their criticisms of prevailing wage laws.

Now here’s a mainstream perspective:

Prevailing wage laws require that construction workers on public construction projects be paid wages offered on similar jobs sites by local Wisconsin workers. It is widely recognized there is a worker shortage in the trades, and in order for the next generation to pursue these careers, it needs to make financial sense.

Should we expect a person who completes a multiyear apprenticeship program and performs physically demanding work in extreme conditions be paid wages so low that they are unable to obtain a middle-class lifestyle?

Prevailing wage and Wisconsin’s low bid law have held a close association. (The low bid law generally requires public construction projects be awarded blindly to the lowest bidder). While opponents of prevailing wage frequently mention the “free market,” certainly they would agree that the low bid law falls outside of it.

When building a house, most consumers conduct some investigation into the credibility of the builders submitting bids rather than accepting the lowest bid sight unseen. That is the free market. Prevailing wage ensured a level playing field among bidders within the low bid system. It held accountable out-of-state contractors that don’t pay Wisconsin taxes or Wisconsin wages.

Since prevailing wage’s repeal, these carpetbagging shops increased their share of public work here substantially.

…

Andrew Disch is the political director for the North Central States Regional Council of Carpenters.

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Amendment to New Jersey’s Prevailing Wage Act Significantly Expands the Authority of the Commissioner (NJ)

Posted by National Alliance for Fair Contracting on

July 31, 2019
CSG Labor & Employment Alert

Effective July 9, 2019, employers who fail to pay prevailing wages to employees working on projects in New Jersey subject to the Prevailing Wage Act (“Act”) may be subject to the issuance of stop-work orders by the Commissioner of Labor and Workforce Development (“Commissioner”).

The recent amendment to the Act grants the Commissioner significantly greater authority to issue stop-work orders, providing that:

  • The Commissioner can immediately issue a stop-work order to an employer regardless of whether the matter was referred to the Attorney General, if an initial determination was made that the employer has violated the Act by paying employees less than the prevailing wage.
  • A general contractor has the right to immediately terminate a subcontractor who has been issued a stop-work order.
  • A stop-work order remains in effect until the Commissioner issues an order stating otherwise.
  • The Commissioner may require an employer to file periodic reports with the Department of Labor and Workforce Department (“DOL”) for up to two years as a condition for release from a stop-work order.
  • An employer that conducts business in violation of a stop-work order will be subject to penalties for up to $5,000 for each day that it conducts business in violation of the stop-work order.
  • Upon receiving a complaint or as part of a routine investigation of potential violations of any wage and hour law, the Worker’s Compensation law, or the Unemployment Compensation law, the Commissioner or his/her agent can enter a place of employment during business hours to, among other things, examine payroll and other records and interview employees.
  • The Commissioner is empowered to subpoena witnesses, books, and records, and employers can be fined no less than $1,000 for each day the employer fails to comply with the subpoena.
  • The Commissioner can issue a stop-work order if it is determined that an employer has violated any wage and hour law, the Worker’s Compensation law, or the Unemployment Compensation law.
  • An employer which has been issued a stop-work order has the right to appeal the decision within 72 hours.
  • Instead of issuing a stop-work order, after determining that an employer is in violation of the Act, the Commissioner may transfer the case to the Division of Workers’ Compensation for investigation.

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