Guest Commentary: Apprenticeships beneficial to economy

Sun, 10/30/2016 – 7:00am | The News-Gazette
By FRANK MANZO IV

Students of all ages across our country are back to school.

And while there are many disputes about education policy, there is no disputing its fundamental purpose – to prepare Americans for the jobs of tomorrow.
In Illinois, our fastest growing industry is construction. And construction is projected to grow at twice the rate of Illinois’ economy over the next decade, adding thousands of new
middle-class jobs.

Accessing these jobs in the fastest-growing skilled trades typically requires at least three years of apprenticeship training. And new research from the Illinois Economic Policy Institute and University of Illinois at Urbana-Champaign shows that the average impact of that training – in the form of increased earnings over an entire career – is greater than the effect of associate’s degrees and many bachelor’s degrees.

So what is an “apprenticeship?”

Apprenticeships have been around for nearly a century. They are governed by state and federal standards that ensure proper certification of graduates. Funded almost entirely by private entities such as employers, labor-management groups and unions, they require almost no out of pocket costs for students, and better yet, enable students to “earn while they learn” – collecting a paycheck while learning a skilled trade on the jobsite and in the classroom. Best of all, they ensure that our state has a pool of skilled tradespeople to meet our long-term infrastructure and building needs.

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Judge blocks Obama rule extending overtime pay to 4.2 million U.S. workers

POLITICS | Wed Nov 23, 2016 | 8:30am EST
By Daniel Wiessner and Robert Iafolla

A federal judge on Tuesday blocked an Obama administration rule to extend mandatory overtime pay to more than 4 million salaried workers from taking effect, imperiling one of the outgoing president’s signature achievements for boosting wages.

U.S. District Judge Amos Mazzant, in Sherman, Texas, agreed with 21 states and a coalition of business groups, including the U.S. Chamber of Commerce, that the rule is unlawful and granted their motion for a nationwide injunction.

The rule, issued by the Labor Department, was to take effect Dec. 1 and would have doubled to $47,500 the maximum salary a worker can earn and still be eligible for mandatory overtime pay. The new threshold would have been the first significant change in four decades.

It was expected to touch nearly every sector of the U.S. economy and have the greatest impact on nonprofit groups, retail companies, hotels and restaurants, which have many management workers whose salaries are below the new threshold.

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In this economy, Latinos are most frequent victims of wage theft

October 27, 2016, 08:01 am
By Paco Fabián, contributor

Wage theft is epidemic and it hits Latino workers the hardest. A recent study by the Economic Policy Institute found that wage theft across America is costing workers $50 billion per year. Compare that to the robberies, burglaries, larcenies, and motor vehicle thefts in the FBI’s uniform crime report, which cost victims an estimated $14 billion over the same period, and you can see that calling wage theft an epidemic is no exaggeration.

Paying workers below the legal minimum wage, not paying for overtime hours worked, forcing workers to work off-the-clock or, for workers on federal contracts, not paying the proper wage rate for their occupation, are just some of the sleights-of -hand that employers engage in to cheat workers. Although all of these maneuvers are illegal, they are rarely punished.

In a survey conducted of three metropolitan areas with high Latino populations, the largest percentage of workers who suffer minimum wage and overtime law violations are Latinos. And amongst foreign-born Latino workers the problem is even worse.

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Justice for Children Exploited by Utah Construction Company

Nov 30
By Karen Bobela and Joe Doolin

Bobby Johnson and Danny Steed, former members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, attended homeschool through the seventh grade, then started working in the construction industry. While other children their age were focused on passing math exams, Bobby and Danny were working full-time jobs in construction, operating equipment to prep and pour concrete on large-scale projects.

For nearly two years, starting when he was 13, Bobby worked for Phaze Concrete Inc. in Arizona, Kansas, Missouri and Wyoming. When Danny was 14, he worked for the company in Kansas, Missouri and Nebraska for approximately nine months.

Working between 12 and 14 hours per day, six days per week and earning roughly $200 every two weeks, Bobby and Danny were paid an effective rate of $1.19 per hour – not even close to the required federal minimum wage of $7.25.

During their employment with Phaze, Bobby and Danny were required to operate forklifts and use various types of saws to cut rebar and concrete.

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Happy Holidays From The DOL: User-Friendly Webpage On Independent Contractors Misclassification Arrives

Monday, December 19, 2016
Greg Guidry

On December 19, the United States Department of Labor (DOL) issued what it describes as a “user-friendly webpage where workers, employers, and government agencies can find information and resources” about misclassification of workers as independent contractors.

In the announcement about its new educational and resource tool, the DOL states that the misclassification of employees as independent contractors is a “huge problem for workers, employers who play by the rules and our economy.” It also quotes two alleged victims of misclassification, a taxi driver who said he was underpaid and subjected to terrible working conditions akin to “modern day slavery,” and a masonry contractor who said that misclassification “makes for an unfair playing field” that “has to stop.”

In the cover page, the DOL states that it supports the use of legitimate independent contractors, but when employers deliberately misclassify employees as independent contractors in an attempt to cut costs, everyone loses. The DOL then states that “this new resource offers information about how misclassification affects pay, unemployment insurance, safety and health protections, retirement and health benefits, and taxes. It then pleads to the user: “Help us address this problem by learning more.”

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(USDOL Misclassification Resource Tool)

Tackling Wage Theft in Silicon Valley

11/29/2016 10:55 am ET
Ruth Starkman


The Santa Clara County Wage Theft Coalition is currently working with The Workers Lab in Oakland on a phone app that will help workers more easily report wage theft from employers and work to recover their rightful payment. Complementing the Coalition, advocacy and the Workers Lab’s technology the Stanford Center for Facility Engineering (CIFE) is leading a team of subject matter experts and DataKind data science volunteers to take a ‘big data’ approach to spotlighting wage theft using employee demographic and employer violation data.

Recently, we sat down with Santa Clara University School of Law Adjunct Faculty member and Supervising Attorney of the Workers’ Rights Clinic of the Katharine & George Alexander Community Law Center’s, Ruth Silver Taube, CEO of The Workers Lab, Carmen Rojas, Data Scientist, Annamaria Prati and Stanford University Engineering PhD student, Forest Peterson to discuss fighting wage theft in Silicon Valley.

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CONSTRUCTION FIRMS ORDERED TO PAY $2.4 MILLION IN BACK WAGES

Two entwined Massachusetts companies deliberately misclassified hourly workers as independent contractors

December 06, 2016

The Labor Department said today that Anderson Dos Santos, owner and president of AB Construction Group and Juliano Fernandes, general manager at Force Corporation cheated 478 construction workers out of overtime wages and employment benefits.

The Labor Department said Force prepared and controlled the payroll and payment procedures for both companies. AB Construction was formed to supply Force with labor. The pair used a combination of payroll checks and cash and check payments to pay their employees straight time when overtime pay was required and kept inadequate and inaccurate time and payroll records, in violation of the Fair Labor Standards Act.

“To be cheated out of wages and denied other workplace protections by an employer who deliberately flouts the rules compounds the struggles too many middle-class Americans already face,” U.S. Labor Secretary Thomas E. Perez said in a statement. “Workers who play by the rules deserve nothing less than to be paid what they are owed.”

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Subcontractor on UH-Hilo project sanctioned, fined

Hawaii Tribune Herald
Published November 1, 2016 – 12:05am

The state Department of Labor and Industrial Relations said Monday it has assessed Tradewind Plastering and Drywall Inc. a total of $143,000 for violating wage laws on the University of Hawaii at Hilo College of Hawaiian Language Building construction project.

According to a written statement, $130,367 is for wages owed to construction workers with $13,037 added for penalties. Tradewind Plastering and Drywall was a subcontractor of Jacobsen Construction Co. on the UH-Hilo project.

The most costly of the violations was underpaying construction workers by misclassifying them as apprentices, and paying lower apprentice wages, with no registered apprenticeship in evidence. This was in violation of Hawaii’s prevailing wage law covering public works construction.

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Employers Misclassifying Workers Face Joint Federal/State Investigations

Brian J. Hoffman, The Legal Intelligencer
November 22, 2016

Employers have often played “fast and loose” with regulations governing workforce classification, tempted by the significant savings associated with independent contractor treatment. As such, in August 2016, Pennsylvania became the 35th state to reach an agreement with federal authorities to coordinate inquiries and share enforcement data in wage and hour investigations.

The Pennsylvania Department of Labor and Industry (PA DOL) and the United States Department of Labor (“US DOL”) inked a Memorandum of Understanding which serves to facilitate the exchange of information during enforcement actions. Historically, a particular focus of both the US DOL and PA DOL has been the misclassification of employees as independent contractors. Previously, an investigation by the PA DOL or US DOL of an employer would NOT necessarily lead to a reciprocal investigation by the other party. Now, given the execution of the Memorandum of Understanding, employers should expect that a wage and hour investigation by one department will likely lead to an investigation by the other. As such, employers challenged on employment classification practices while under audit will likely see overall liabilities increase during any given inquiry, as both federal and state taxes and penalties will be imposed.

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Wage Theft Hotline Hits Home With California Port Drivers

BY JOHNNY MAGDALENO
OCTOBER 31, 2016

Reyes Castellano has been driving cargo in and out of the Long Beach, California, port for 15 years. The 58-year-old has always had to put a big chunk of his paycheck toward covering repair and maintenance costs for his vehicle, but ever since K&R Transportation, the company he works for as an independent contractor, asked drivers to switch out their diesel trucks for ones powered by clean diesel and natural gas, his expenses have gone through the roof.

“Since I’ve had that truck I’ve spent about $30,000 in repairs,” says Reyes, who’s listed as the owner-operator of his vehicle. Last year, he says he made $74,000, but after deducting all the expenses he put into his work, he brought home $24,000. “Filter gets warped, turbo goes out, repaired the transmission a couple of times – they get so hot in there, like there’s no insulation or nothing.”

But what gets him the most is that he’ll spend anywhere from eight to 10 hours some days just waiting for companies at the port to ready their shipments. That’s time on the job that he’s not getting paid for, and that’s why he and a few dozen other drivers decided to go on a two-day strike at ports in Long Beach and Los Angeles on October 25.

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