Maine Compass: Clean energy future relies on workforce development programs and union jobs.

Posted by National Alliance for Fair Contracting on

May 14
Justin Walsh

… Like my father before me, I am now a member of my industry’s local union in Maine. For the past two years, I’ve served as the Training Director for the International Brotherhood of Electrical Workers (IBEW) 567. I began my path toward journeyman electrician in the same apprenticeship program I now oversee.

Despite growing up in a union household, I didn’t initially understand the purpose of being in one. I expected all employers to provide their workers with the means for a sustainable life and retirement. But union jobs in the electrical industry provide higher wages, safer work environments, job security, and benefits, including pension and medical. In childhood, I suffered from ear issues for which, without the union health insurance my father received, we wouldn’t have been able to afford treatment. Union benefits spared me a lifetime of pain.

Since I participated in IBEW’s apprenticeship program, there have been shifts in the industry that have made different experiences and learning opportunities available. Most notably, the increasing use of renewable energy and the investments made through the Infrastructure Investment and Jobs Act (IIJA) in electric vehicles (EVs) and EV infrastructure. …

Investing in green technology and renewable energy reduces family energy bills, public health problems, and pollution while making the power grid more reliable. Continuing investments in these technologies and promoting good jobs standards and workforce development programs — like those found in L.D. 1969 in Maine, which has now been signed into law — will create quality clean energy jobs and advance equity in the renewable energy industry. These are imperative to ensure workers can gain access to these fields, learn the skills of the trade, and earn wages and benefits that will sustain careers in building and maintaining greener infrastructure.

Justin Walsh is the training director for a local electrical workers union.

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Maine labor coalition scores major legislative win creating renewable energy jobs

Posted by National Alliance for Fair Contracting on

April 29, 2022
Dan Neumann

The Maine Labor Climate Council, a new coalition made up of a dozen unions from across the state representing a variety of different industries, won its first major victory in the Maine Legislature this week.

The top priority bill for the council this session, LD 1969, introduced by Rep. Scott Cuddy (D-Winterport), went into law without Gov. Janet Mills’ signature on April 25. The law will require prevailing wages and equity standards on all large, utility-scale renewable energy projects including solar, wind, tidal, geothermal and hydropower. …

The new law mandates that contractors pay the prevailing wages customary for each occupation in an industry. The new law will also build a career path for Mainers wanting to get into the clean energy sector by developing pre-apprenticeship programs that will help them access union-registered apprenticeship programs.

LD 1969 also incentivizes employee ownership of renewable energy construction projects as well as the use of Projects Labor Agreements — pre-hire negotiated agreements that require strong labor standards regarding wages, hours, working conditions and dispute resolution methods. The law directs the Maine Public Utilities Commission to consider these factors when acquiring energy under Maine’s renewable portfolio standard, a law that establishes the portion of electricity sold in the state that must be supplied by renewable energy resources.

Maine’s renewable portfolio standard (RPS) establishes the portion of electricity sold in the state that must be supplied by renewable energy resources.

With the passage of the new law, Maine joins other states like Connecticut, Illinois, New York and New Jersey that have recently passed strong labor and equity standards in the renewable energy sector.

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Mills administration cracking down on employer wage and hour violations

Posted by National Alliance for Fair Contracting on

BY PETER MCGUIRE | STAFF WRITER
February 6

The state Department of Labor returned about $470,000 in unpaid wages to Maine workers in 2021, almost double the amount in 2019. Now it is naming violators online.

Since Gov. Janet Mills took office three years ago, the Maine Department of Labor has escalated its pursuit of illegal workplace practices including wage theft, child labor and false record keeping, a significant departure from past practices at the agency.

The number of inspectors at the department’s Wage and Hour Division has doubled. The amount of unpaid wages recovered for workers has skyrocketed. In an unprecedented move, two employers have been shut down permanently for wage theft. And now, the department will regularly publish business names and violation details in an online database.

Collectively, the changes reflect a shift in the department’s effort to find and resolve a serious offense against some of Maine’s most economically vulnerable workers. But labor advocates say a lot more could still be done.

“It is just a matter of trying to make the best use of limited resources to protect workers from abuses, and protect law-abiding employers from unfair competition that comes with employment law violations,” said Michael Roland, director of the state Bureau of Labor Standards. “We just felt we could be more effective given the resources we have.”

In 2018, there were just four inspectors working at the bureau. As of this year, it has nine inspectors and an assistant attorney general specifically tasked with pursuing wage and hour cases.

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Maine Voices: Proper worker classification is a vital foundation of Maine’s economy

Posted by National Alliance for Fair Contracting on

BY LAURA A. FORTMAN AND JOHN C. ROHDE – SPECIAL TO THE PRESS HERALD
December 23, 2021

Misclassification deprives employees of needed protections, puts other employers at a disadvantage and affects taxpayers as well

A recent court case (“Scarborough roofing contractor found not guilty in death of worker,” Dec. 9) has raised the issue of worker classification. We, along with Maine State Chamber of Commerce President Dana Connors and Maine AFL-CIO President Cynthia Phinney, are writing to explain why the proper classification of workers is so important.

When an individual or business hires another person to perform work for them, that person will either be an employee or an independent contractor. Misclassification occurs when an employer hires an employee but treats them like an independent contractor.

Why does it matter if an employer treats an employee like an independent contractor? There are several important reasons.

• Independent contractors who do not purchase workers’ compensation insurance do not have access to lost wages and medical benefits under the Workers’ Compensation Act if they are injured on the job. An employee misclassified as an independent contractor can file a claim with the Workers’ Compensation Board. However, in addition to showing they were hurt at work, the misclassified employee will also have to prove they were an employee. This almost always means the injured employee’s claim will take longer to resolve.

In the meantime, and maybe permanently if the employer does not have workers’ compensation insurance, an injured misclassified employee will have to find a way to pay for the medical treatment they need. If the injury is serious, they may have to do this without any income.

• Similarly, if a misclassified worker loses their job through no fault of their own and files for unemployment insurance, it will take longer for the employee’s unemployment claim to be resolved.

• Employers that misclassify employees as independent contractors are probably not following federal and state employment laws that regulate minimum wages, overtime, paid leave and safety, among other protections. Misclassified employees may receive less pay than they are entitled to and work in conditions that are not as safe as they should be.

• Misclassification also adversely affects other employers. Employers that properly classify their workers – as the vast majority do – will find themselves at a disadvantage when bidding for jobs or otherwise competing against employers that do not. Employers that follow the law may also pay higher workers’ compensation rates if the pool of workers they are insuring is smaller because their competitors have misclassified their employees.

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New poll of Maine workers shows strong support for more workforce protections (ME)

Posted by National Alliance for Fair Contracting on

Dan Neuman
December 23, 2019

A new survey of workers in Maine shows that there is significant desire for the state to take a major role in adopting policies that improve job quality and advance economic justice.

The survey, which polled private sector workers in Maine, was released last week by the Maine Center for Economic Policy (MECEP) as a part of the organization’s annual “State of Working Maine,” a comprehensive analysis of the economic and workforce trends in the state.

Workers were asked about several workforce policies introduced earlier this year that will likely see a vote sometime next year after state lawmakers return to Augusta in January.

Policies that have seen inaction on the federal level, such as paid family and medical leave, expanded overtime protections, and prohibitions against wage theft and unfair scheduling practices, have strong support among Maine workers. MECEP’s report concludes that this popular support presents an opportunity in the state legislature – where Democrats hold majorities in the Maine House and Senate, as well as control the governor’s office – to make gains after years of conservative control. …

Eighty-six percent want increased penalties for employers who steal wages
MECEP’s survey also shows a substantial amount of support for combating wage theft and mandating predictable work schedules. Eighty-six percent of the respondents want to require employers to pay wages in a timely manner and increase penalties and enforcement for employers who commit wage theft. ….

Senate President Troy Jackson (D-Allagash) has a bill being vetted by lawmakers that would make it easier for the state Attorney General’s office to swiftly clamp down on businesses that may be engaging in wage theft. Another bill that would have mandated that businesses guarantee a fair workweek to their employees was killed in committee after the sponsor, state Rep. Gina Melaragno (D-Auburn), said she needed more time for consultation. That reworked bill has not been submitted for the upcoming legislative session.

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Senate gives initial approval to legislation allowing the use of public labor agreements in public works projects (ME)

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Pres. Jackson: “This bill marks a step forward for workplace safety, assurance and reliability.”

FOR IMMEDIATE RELEASE
May 29, 2019

AUGUSTA- The Maine Senate approved a bill from Senate President Troy Jackson, D-Allagash, to allow public authorities to commit to Project Labor Agreements in public works projects an initial vote of 21-13 on Wednesday. The bill – LD 1564, “An Act To Authorize Project Labor Agreements for Public Works Projects” – gives public authorities complete discretion to determine when to enter a Project Labor Agreement on a project-by-project basis.

“Project Labor Agreements represent a win-win for the workers on state projects and the state itself. Not only do PLAs provide uniform wages, benefits, and working conditions, but they also ensure the project will be completed on time and on budget,” said President Jackson. “This bill marks a step forward for workplace safety, assurance and reliability. I’m hopeful the House will join the Senate in passing this bill.”

Pre-agreements help ensure that public works projects are finished in a timely manner, remain on a budget, improve safety and reduce risks of worker misclassification. A pre-agreement can be constructed with a union or private entity. Project Labor Agreements can also include provisions to secure much-needed apprenticeships in the trades. These agreements often include training programs for women, minorities and veterans.

Due to the benefits of Project Labor Agreements, many private sector companies also choose to enter into them. Two high-profile examples include Toyota and Wal-Mart, which have used these agreements for multiple projects.

LD 1564 is supported by the Maine State Building and Construction Trades Council and the Maine AFL-CIO. It will now go before the House for additional votes before returning to the Senate for enactment.

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Summit Natural Gas of Maine agrees to pay millions owed to contractors for pipeline work

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Summit Natural Gas of Maine agrees to pay millions owed to contractors for pipeline work

AUGUSTA — The company readying the Kennebec Valley’s massive natural gas pipeline says it has agreed to pay contractors tens of millions of dollars included in a lawsuit against the utility last month.

A top official at Summit Natural Gas of Maine, the company preparing to energize its network stretching from Richmond to Madison, said $38 million has been owed to between 10 and 20 contractors for months, and the company plans to pay money owed to those contractors for work done by Jan. 10.

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