Easthampton City Council to consider wage theft ordinance (NY)

By MICHAEL CONNORS
Staff Writer
Published: 7/26/2019 3:12:28 PM

Easthampton – The city is exploring new rules that would require construction employers who are either hired by the city or receive municipal tax relief to abide by a set of conditions in an effort to discourage wage theft.

The proposed amendment to the city ordinances is set for a public hearing in front of the City Council on Aug. 7. It requires any bidder, proposer, contractor or subcontractor receiving public funds or tax relief to sign an affidavit stating they will abide by wage laws, attempt to meet certain diversity requirements and submit detailed records of employee work to the city.

City Councilor Owen Zaret said the proposal comes at a time when the city is planning to fund multiple construction projects. He said having rules on the books to protect construction workers from theft was an important step going forward.

“I think it’s important to make a statement through … municipal projects in Easthampton that (workers) are classified, covered and paid appropriately,” Zaret said. “It’s about fairness for workers and workers’ rights.”

Too often, he said, contractors classify laborers as independent contractors instead of employees – allowing them to not have to pay employer taxes on workers or provide employment insurance such as workers’ compensation. There can also be instances of workers not being paid for the amount of hours worked, he said.

Though Zaret said he was not personally aware of any such activity happening in Easthampton, he believes the city should follow the example of other cities like Springfield, which passed a similar ordinance in 2018.

Under the proposal, contractors hired for work by the city must prove, on a weekly basis, that they have not been debarred or found to be in violation of labor laws in the past five years, provide accident insurance, classify workers as employees, pay fair wages and give employment preference to Easthampton residents.

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

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.

(Read More)

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

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.”

(See Article)

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

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.

(Read More)

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

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.

(Read More)

REGISTRATION IS NOW AVAILABLE – 2019 NAFC National Conference, September 22-24, 2019 – Boston, MA

July 2019

Welcome to the 2019 NAFC National Conference!

It is time to register for this year’s 2019 NAFC National Conference to be held on September 22 – 24, 2019, at the Sheraton Boston Hotel in the heart of downtown Boston, Massachusetts. NAFC’s National Conference is attended by several hundred participants from across the nation, including representatives from labor organizations, responsible contractors, fair contracting compliance organizations as well as researchers, academics, attorneys and officials from federal, state and local governments.

PLEASE NOTE THE NEW FORMAT FOR THE 2019 NAFC NATIONAL CONFERENCE – AND REVIEW THE SCHEDULE OF EVENTS BEFORE MAKING YOUR TRAVEL RESERVATIONS

The 2019 NAFC Conference has been extended. We have added additional workshops on Sunday afternoon (Sept. 22nd – the day of arrival) and extended the Conference to include a full day session on Tuesday (Sept. 24th – the final day). Please review the Schedule of Events drop-down menu to ensure that your travel reservations allow you to attend the complete lineup of plenary speakers, panels, workshops and networking opportunities. In addition, please use the Registration & Hotel Reservation drop-down menu to register for the Conference and reserve your hotel. Conference registration and hotel reservations must be made online through NAFC’s 2019 Conference website. Paper Conference registrations and hotel reservations will not be available this year.

The 2019 NAFC National Conference will be the largest and most successful Conference to date. NAFC President Rocco Davis, the Board of Directors and staff have put together a lineup of dynamic speakers and comprehensive workshops to assist you in leveling the playing field in publicly funded construction and promoting responsible and efficient construction at the local, state and federal levels. National experts on construction industry issues will present the latest research and programs which promote the high road construction market, joint apprenticeship plans and pathways for underserved communities and veterans in the construction industry. Leading fair contracting practitioners will describe innovative tools and strategies to ensure enforcement and compliance with the wide variety of laws which regulate public construction, including prevailing wage laws.

Stay tuned for further details and contact NAFC’s Administrator with any questions you may have.

(Conference Details & Registration)

Visit out website at faircontracting.org

2019 NAFC Membership

July 2019

NAFC is a labor-management organization comprised of fair contracting organizations, responsible contractors, and labor unions and was founded to promote and support a level playing field in the public construction sector. NAFC provides a forum for those committed to responsible, competitive contracting and offers its members a wide variety of tools to strengthen, defend and enforce the broad array of laws and requirements which regulate public construction.

Join us today by clicking on the membership form below and submit your check for $850.00 for your annual dues.

NAFC 2019 Membership Application

Please make checks payable to:

National Alliance for Fair Contracting or NAFC
905 – 16th Street, NW
Washington, DC 20006

Please be advised that a fee of membership in the National Alliance for Fair Contracting is not deductible for tax purposes under IRC § 6113.

USDOL Wage & Hour Dept. Release New Website for Wage Determinations -Starting Friday, June 14, 2019

6-12-19

The U.S. Department of Labor is excited to announce … WDOL.gov will be transitioning to https://beta.SAM.gov, which will become the new website for wage determination data.

Features of the new beta.SAM.gov website include:

  • Search-based structure: Users may search for a variety of information including specific Davis-Bacon Act and McNamara-O’Hara Service Contract Act wage determinations.
  • Learning Center with tutorial videos, tools, and other information to familiarize users with the new site.
    • Ability to filter and search for content in the Learning Center. Users will find links to Federal Acquisition Regulation (FAR) and Code of Federal Regulations citations for specific subjects via a Cross Index page for Contract Labor Standards.
    • The site features more FAR Supplements and other acquisition regulations than WDOL.gov.
    • A Transition Quick Start Guide will be available soon.
  • Create an account: By creating a beta.SAM.gov account, users may access certain features of the system only available to account holders. For example, users will have the option to:
    • Save previous searches.
    • Start or modify a Collective Bargaining Agreement.
    • “Follow” specific wage determinations and receive email alerts when changes or modifications are published.
    • Users will determine what to follow and the frequency of email alerts.
    • Timeline and history of changes to wage determinations.

Support for the wage determinations in beta.SAM.gov will continue to be provided by the Federal Service Desk.

Employers can find compliance assistance resources from the U.S. Department of Labor’s Wage and Hour Division at www.dol.gov/WHD/foremployers.htm. Additional compliance assistance resources and answers to common questions regarding federal labor laws can be found at www.Employer.gov.

(Visit the SAM.gov Website)

USDOL Wage and Hour Division to Host Prevailing Wage Seminars

July 2019

Our 2019 seminars will be held in the following locations:

  • Sacramento, CA, July 23rd – 25th
  • Washington, DC, August 13th – 15th
  • Indianapolis, IN, August 27th – 29th

The Wage and Hour Division (WHD) Prevailing Wage Seminars (Prevailing Wage Seminars) are three-day compliance trainings designed for regional stakeholders (unions, private contractors, state agencies, federal agencies and workers). In these seminars, conference participants will learn about the following:

  • The Davis-Bacon Act and McNamara O’Hara Service Contract Act
  • Executive Order 13495 “Nondisplacement of Qualified Workers”
  • Executive Order 13658 “Establishing a Minimum Wage for Contractors”
  • The process of obtaining wage determinations and adding classifications
  • Compliance assistance and enforcement processes
  • The process for appealing wage rates, coverage, and compliance determinations

If you have any questions please email WHD-PWS@dol.gov

(Read More)

Congress has never let the federal minimum wage erode for this long

After the longest period in history without an increase, the federal minimum wage today is worth 17% less than 10 years ago – and 31% less than in 1968.

Economic Snapshot
By David Cooper * June 17, 2019

June 16th marks the longest period in history without an increase in the federal minimum wage. The last time Congress passed an increase was in May 2007, when it legislated that the minimum wage be raised to $7.25 per hour on July 24, 2009. Since the minimum wage was first established in 1938, Congress has never let it go unchanged for so long.

When the minimum wage remains unchanged for any length of time, inflation erodes its buying power. As shown in the graphic, when the minimum wage was last raised to $7.25 in July 2009, it had a purchasing power equivalent to $8.70 in today’s dollars. Over the last 10 years, as the minimum wage has remained at $7.25, its purchasing power has declined by 17 percent. For a full-time, year-round minimum wage worker, this represents a loss of over $3,000 in annual earnings. Moreover, since its historical peak in February 1968, the federal minimum wage has lost 31 percent in purchasing power-meaning that full-time, year-round minimum wage workers today have annual earnings worth $6,800 less than what their counterparts earned five decades ago.

A simple way to fix this problem once and for all would be to adopt automatic annual minimum wage adjustment (or “indexing”), as 18 states and the District of Columbia have done. The Raise the Wage Act of 2019 would raise the federal minimum wage to $15 by 2024-boosting wages for nearly 40 million U.S. workers-and establish automatic annual justment of the federal minimum wage. Automatic annual adjustment would ensure that the paychecks of the country’s lowest-paid workers are never again left to erode.

(Read More)