Officials, activists fight wage theft on the border (TX)

Posted by National Alliance for Fair Contracting on

Mexican consulate and U.S. Labor Department seek to end workplace exploitation

by: Julian Resendiz

Posted:
Aug 23, 2019 / 03:01 PM CDT

EL PASO, Texas (Border Report) – The Mexican consulate and the U.S. Labor Department office in El Paso on Friday signed a cooperation agreement to fight wage theft and other labor violations committed against immigrants.

The consulate said it will begin a weeklong labor-rights education campaign on Monday and encourage Mexican citizens who experience workplace exploitation to file a complaint with the local Wage and Hour Division of the Labor Department.

“Everyone who works in the United States, regardless of immigration status, has rights in the workplace that are guaranteed by law,” said Mauricio Ibarra Ponce de Leon, Mexican consul general in El Paso. “We will support our community and ensure that their labor rights are being respected. This agreement allows us to send people who come to us to the appropriate (U.S.) authority.”

Jacobo Valenzuela, a representative of the Wage and Hour Division in El Paso, said his office receives some 600 labor-related complaints a year. Most complaints come from workers in the restaurant, construction and agricultural industries, he said.

Ibarra said wage-theft – which occurs when an employer short-changes an employee for hours worked, refuses to pay overtime already performed or withholds payment altogether – isn’t the only issue faced by immigrant workers on the border. The weeklong Spanish-language education campaign known as “Labor Rights Week” will also include information on filing workplace injury claims, sexual harassment and human-trafficking complaints, as well as workplace safety issues.

…

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Montpelier ponders employer, wage ordinances (VT)

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By Stephen Mills
9/17/19

MONTPELIER – The City Council is considering crafting responsible employer and livable wage ordinances to make residing in the Capital City more affordable.

Discussion of the proposed ordinances came at a meeting of City Council last week. Councilor Conor Casey proposed enacting a Responsible Employer Ordinance that would require the city of Montpelier to follow “good employer” requirements when spending taxpayer money on contracted services that would include “responsible wages,” worker’s compensation and the proper classification of workers as employees instead of independent contractors, among other employment protections.

The council also reviewed a report on a Livable Wage Ordinance by Michael Sherman, of the Social and Economic Justice Advisory Committee, after the council identified implementing a living wage requirement in Montpelier in its 2018-2019 strategic plan.

Casey noted that the city is going through a recent building boom with the near-completion of Taylor Street Transit Center and shared-use recreation path, and a $16.5 million upgrade for the Waste Water Treatment Facility. The city is also proposing to build a $10.5 million parking garage.

Casey said that construction workers were a “largely invisible” workforce that deserved recognition, employee protections and livable wages.

“I think this is a group that has been sort of been abandoned by the federal government,” Casey said, and referenced the federal Davis-Bacon Act that seeks to ensure minimum wages to be paid to various classes of laborers and mechanics employed under the contract, but added, “It isn’t what is once was.”

“We can actually see people who are risking their lives, working on construction sites, with a wage that would be less than what we want as minimum wage, maybe $12 an hour,” Casey said, adding that the state had opposed appropriate wage structures for construction workers.

“This is an issue I’ve always felt strongly about,” Casey said, noting he has spent his professional career representing “frontline workers.” Casey currently works as an organizer for the Vermont-National Education Association, representing more than 12,000 teachers in the state.

“Even though they might not Montpelier residents, (construction workers) deserve to be treated with the same standards that we treat our own workers,” Casey said, noting that the Montpelier has three collective bargaining units for city workers.

(Read More)

Spokane Promotes A More Diverse Construction Workforce (WA)

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The City is launching a program to encourage women, minorities, and veterans to join the construction industry.

by: Press Release Desk, News Partner
Aug 15, 2019 / 4:58 PM ET

From the City of Spokane: The City of Spokane is launching a small grant program designed to provide training to allow more women, minorities, and veterans be prepared for construction industry jobs. Grants of up to $2,500 are available for organizations that want to establish or expand pre-apprenticeship programs in construction trades for one or more of these groups.

…

The City has been working for some time to increase the number of available construction workers in our community. The Spokane region has seen an 18 percent increase in construction jobs over the last year! Ensuring that the community has a well-trained construction workforce is critical as our community continues to grow. And helping women, minorities and veterans qualify for good-paying construction jobs is another goal.

In 2016, the City revised its Public Works Apprentice Program statue, requiring all contractors on public works construction projects to use apprentices for at least 15 percent of the labor hours on the job. The requirement applies to construction projects with an estimated value of $600,000 or more.

The program has helped to grow the number of trained construction workers in our community. This grant program is next step in this effort. Fines paid by contractors who were unable to meet the apprenticeship requirement are funding these grants.

(See Article)

Construction Business Group redoubles efforts to root out misclassification (WI)

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If drywall and flooring could talk, it’d probably have a dark story to tell about Wisconsin’s ongoing construction boom. Behind projects big and small, say people close to the industry, there thrives an underground economy made up of contractors who cheat their workers out of wages and benefits to deliver projects on time and under budget.

(See Article)

(Visit CBG’s Website)

REGISTRATION IS STILL AVAILABLE, BUT SPACE IS LIMITED – 2019 NAFC National Conference, September 22-24, 2019 – Boston, MA

Posted by National Alliance for Fair Contracting on

August 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

Posted by National Alliance for Fair Contracting on

August 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 and Hour Division to Host Prevailing Wage Seminars

Posted by National Alliance for Fair Contracting on

August 2019

Our 2019 seminar will be held in the following location:

  • 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)

Tri-State Labor Departments Form Alliance to Protect Workers and Employers (NJ, DE, PA)

Posted by National Alliance for Fair Contracting on

07/10/19
WorkersCompensation.com

Atlantic City, NJ (WorkersCompensation.com) – Labor departments from New Jersey, Pennsylvania, and Delaware signed a reciprocal agreement on Tuesday designed to better protect workers and employers through a newly established pipeline of information sharing and coordination of enforcement efforts.

This agreement grants new powers to each state, including strategic data-sharing, interstate case referrals, and joint investigations that will greatly impact wage claim investigations, worker misclassification, workplace safety efforts, and other labor-related compliance matters.

“All three states have been tasked with protecting our workers, and looking out for those businesses who play by the rules,” said Robert Asaro-Angelo, commissioner, New Jersey Department of Labor and Workforce Development (NJDOL). “This new cooperation agreement will ensure that those crossing state lines to do business are in full compliance with our laws, and employees are taking home every single penny they have earned.”

“Pennsylvania is proud to be part of this collaboration, which is truly a victory for workers and employers,” said Pennsylvania Department of Labor & Industry Secretary Jerry Oleksiak. “This agreement maximizes the use of existing tools by allowing for data-sharing, joint investigations, and referrals to ensure that workers are not taken advantage of and that there is a level playing field for all employers.”

“Delaware looks forward to working together with Pennsylvania and New Jersey to do the important work of protecting workers while fostering a fair environment for businesses to grow and prosper,” said Secretary of Labor Cerron Cade. “Companies who violate Delaware labor laws will no longer be able to hide behind state lines. We look forward to adding new states to this pact to preserve the dignity of work in Delaware and throughout the region.”

The signing took place in Atlantic City during a conference of the NJ State Building and Construction Trades Council, where Governor Murphy had spoken earlier about an expansion of NJDOL’s authority to combat worker misclassification.

Workers misclassified as independent contractors, as opposed to employees, are ineligible for the wage and overtime protections and benefits afforded to employees, and can find themselves underpaid and without basic labor and OSHA protections.

(See Article)

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AG Nessel Joins Effort Urging Regulators To Protect Workers From Harmful Anticompetitive Labor Practices

Posted by National Alliance for Fair Contracting on

July 18, 2019 at 10:20 am

LANSING, Mich. – Michigan Attorney General Dana Nessel joined 17 other Attorneys General earlier this week in urging collaboration between Federal Trade Commission (FTC) regulators and state attorneys general to protect workers from anticompetitive labor practices that depress wages and limit job mobility and opportunities for advancement.

In a comment letter filed in connection with the FTC’s hearings on competition in the 21st Century, the coalition argues that the FTC should increase its focus on antitrust enforcement in labor markets and use their authority to crack down on non-compete and no-poach contract agreements-in addition to considering how workers are impacted by proposed mergers.

“In an era where wages continually decline and workers’ protections, like prevailing wage, are routinely stripped, we must begin reviving antitrust regulation in labor markets,” said Nessel. “We must do this to protect workers from harmful anticompetitive practices such as targeting low-income workers by forcing them to sign non-compete agreements and ultimately limiting their earning potential.”

Antitrust laws work to protect competition in markets, benefiting both consumers and workers. These laws typically work to prevent harmful practices such as monopolization, price-fixing and market allocation, which can result in higher prices, depressed wages, decreased supply of products, or lower quality products and services. State attorneys general and the FTC have a strong interest in protecting the competitiveness of markets and can work both independently and collaboratively to take enforcement action to stop antitrust law violations.

Recent labor related antitrust actions brought by state attorneys general have confronted restrictive contract agreements and proposed mergers. In fact, Nessel joined a multi-state lawsuit last month against the anticompetitive T-Mobile and Sprint mega-merger, where one of the main concerns is how potentially harmful it would be to thousands of hard-working laborers in the telecom industry across the nation. Nessel and the coalition also cited that the merger could result in substantial loss of retail jobs and lower pay for these workers in the near future.

In their comments, the attorneys general urge the FTC to consider the effect of non-compete, non-solicitation and no-poach agreements due to the limitations they impose on job mobility of workers by directly impacting their opportunity to seek better wages and/or opportunities. These agreements can also prevent competition amongst employers in offering suitable wages, benefits and work environments to obtain the best talent.

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DeLauro reintroduces wage protection legislation

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Milford Mirror
Saturday, July 13, 2019

Congresswoman Rosa DeLauro (CT-03) and U.S. Sen. Patty Murray (D-WA) on July 11 reintroduced the Wage Theft Prevention and Wage Recovery Act, legislation that would crack down on employers who unfairly withhold wages from their employees, according to a press release from DeLauro’s office.

The bill would give workers the right to receive full compensation for all of the work they perform, as well as the right to receive regular paystubs and final paychecks in a timely manner. It would also provide workers with improved tools to recover their stolen wages in court and make assistance available to build community partnerships that enhance the enforcement of and improve compliance with wage and hour laws, the release said.

“The single biggest economic challenge of our time is that people are in jobs that do not pay them enough to live on,” DeLauro said. “People are struggling. And across the country, countless workers are putting in long hours and working for an honest day’s pay only to have their employers cheat them out of their hard-earned wages. That is inexcusable.

“The Wage Theft Prevention and Wage Recovery Act is comprehensive legislation that will strengthen current federal law and empower employees to recover their lost wages,” DeLauro continued. “Whether it is compensation for a day’s work, or overtime, employees should be paid what they earn. This legislation puts workers first while helping our economy grow.”

(See Article)