Proposed change to Labor Standards Act would allow employers to steal tips

This Monday (December 4th 2017), the Trump Department of Labor released a proposed rule to rescind portions of its tip regulations. Here is the Economic Policy Institute's statement on the change and its implications. Essentially: the new language says that provided servers are paid minimum wage (most aren't, now), employers can take their tips. And not just take their tips to distribute them among the back-of-house staff who don't make tips— just pocket them, for whatever purpose, including giving them to shareholders.

Customers in the US are expected to tip because restaurant owners are allowed to pay their staff less than regular minimum wage; the federal minimum wage for tipped employees is $2.13 an hour. Customers are supposed to make up the rest in tips. Under these new rules, the food service industry basically gets to go "psych, we're paying $7.25 an hour now!" and treat all tips like random gifts to the business. Say you go eat at a Waffle House; the $3 you leave for the waiter is so that she gets paid, it's not a random $3 goodwill donation to the owners of Waffle House.

The restaurant lobby is going to argue that these rules are good, because back-of-house workers like cooks and dishwashers are poorly paid. And that part is true, $7.25 an hour is not enough to live on. You know what would actually fix that, though? Raising the minimum wage and requiring restaurants to pay more for labor.

The public comment period on the proposed rules change is open until January 4th, 2018. You can read the proposal in the Federal Register, and submit a formal comment, through this link. 

2017 Economic Justice Forum

Saturday, December 16th 2017, from 10am-3pm, in Richmond, the Virginia Civic Engagement Table, Virginia Latina Advocacy Network, and others are holding an day-long event to discuss economic justice issues, including student loan debt, affordable housing, raising the minimum wage, access to healthcare, and wage theft. 

Venue to be determined. Free. 

For more information and to RSVP, see this link. 

VCUarts Adjuncts Organizing for Fair Pay

Check out the Facebook page for VCUarts AOFP, the VCUarts Adjuncts Organizing for Fair Pay, and their website. 

Non-tenure-track faculty do much of the work in institutions of higher education (and make up two-thirds of the faculty), but are paid poverty wages. The average pay for adjunct teaching positions in the U.S. is $30,000 per year and some positions have benefits— by contrast, the average yearly pay for VCUarts adjunct instructors is $10,000 with no benefits. Of the top 10 arts schools in the country (of which VCU is consistently ranked in the top 3), VCU is dead last for adjunct pay. Tuition keeps going up: what's the administration spending it all on?

This is relevant even if you aren't a VCU adjunct or student. As one of the largest employers in the city, the university helps "set" wages. When VCU employees win better pay, it gives other workers in the area another lever to use to exert pressure on their employers. 

Labor Day Rally with the Fight for $15

Ready to celebrate Labor Day right, with a rally for a higher minimum wage and union rights for all?

Monday, September 4th 2017, from 12-1:30pm, at the Plaza at Main Street Station (1500 East Main Street, Richmond VA), the Fight for $15 is celebrating Labor Day with a rally for union rights for all workers!

Family friendly, transportation available. Call Emily at (504) 502 2737 for more information.

Target Workers on Strike in Christiansburg, Virginia

Learn more, including how you can support workers striking for dignity on the job, here.

Folks out near Christiansburg, Virginia: workers at the local Target are going on strike to rid themselves of an abusive manager. Nobody should have to deal with sexual harassment or racial antagonism at work (or ever), and since the Target management won’t get rid of this guy, the workers have to take action themselves. 

For info on how you can support, see the page and website.

May Day 2017— RVA Schedule

Tomorrow, May 1st, is International Workers Day— happy May Day! Let's see what we've got on the schedule:

From 10:30am-8pm we've got May Day RVA: Creating Sanctuary for ALL/Santuario para Todos at Abner Clay Park (street parking only). Join ALL THE SAINTS THEATER COMPANY, ASH Antifa Seven Hills, Black Rose / Rosa Negra - RVA, No ACP, Democratic Socialists of America - Richmond, the Fight for 15, ICE Out of RVA, ProgressVA, Richmond Struggle, Southerners On New Ground, The Virginia Defender, and the Virginia Interfaith Center for Public Policy for events all day, including an interfaith vigil, art and cultural showcases, and a solidarity march.

From 4-8pm, chow down at the May Day Cookout!

And finally, from 5:30-8:30pm, march or watch the MAY DAY PARADE! International Worker's Day Richmond! , a yearly staple. This one's especially fun for the kids (though the really little ones might benefit from ear protection, since it's often very loud!).

Let's get out there, show our numbers, and rededicate ourselves to the fight! Solidarity forever!

Job Fair and Job Fair Workshop, hosted by Diversity Richmond

Saturday, March 25th 2017, from 9am-2pm, at Diversity Richmond (1407 Sherwood Avenue, Richmond VA), the Richmond Business Alliance will be holding a workshop titled "How to Make the Job Fair Experience Rewarding and Successful," (9-10am), followed by a job fair (10:15am-2pm).

This would be a nice follow-up for those of you attending the Job Searching While LGBT workshop today.

The venue is wheelchair accessible, with single-stall unisex bathrooms and free lot parking. For more info and to RSVP, see this link. 

Showing of "The Harvest" (2010)

Tuesday, February 21st 2017, from 1-3:30pm, at Main Library (101 East Franklin Street, Richmond VA), there will be a showing of the 2010 documentary film "The Harvest". From the event description: 

"The Harvest (Spanish: La Cosecha) is a 2010 documentary film about agricultural child labor in America. The film depicts children as young as 12 years of age who work as many as 12 hours a day, six months a year, subject to hazardous conditions: heat exposure, pesticides, and dangerous work. The agriculture industry has been subject to significantly more lenient labor laws than any other occupation in the United States. As a result, lack of consistent schooling significantly limits their opportunities of succeeding in high school or more. The hazardous conditions threaten their health and lives. The purpose of the documentary is to bring awareness of the harsh working conditions which tens of thousands of children face in the fields of the United States each year and to enact the Children’s Act for Responsible Employment (CARE Act, HR 3564) which will bring parity of labor conditions to field workers that are afforded to minors in other occupations."

Migrant farm workers are also often undocumented immigrants, which leaves them especially vulnerable to exploitation and abuse from employers.

Free, open to the public. 

Keep Andrew Puzder Out! No Anti-Worker Secretary of Labor

Tomorrow, January 12th 2017, from 2-5pm, at the Myers Street Hardee's (921 Myers Street, Richmond VA), there will be a local protest as part of the Keep Andrew Puzder Out National Day of Action. From the event description:

"The Senate is about to hold hearings on Donald Trump's pick for Secretary of Labor – one of the WORST fast-food CEOs, Andy Puzder, of Hardee's and Carl's Jr. Puzder has made it perfectly clear he doesn't support raising the minimum wage and his restaurants are infamous for low wages, withholding overtime pay, and mistreating workers.

On Thursday 1/12, we're taking this fight straight to Puzder's door – with protests at Carl's Jr, Hardee's and other restaurants he runs from coast-to-coast. We will hear from current and former Hardee's workers who know from their experiences that Puzder is the wrong choice.

By picking Puzder, Donald Trump made it pretty clear – he's not taking on the rigged economy. Instead, he wants to rig it up even more. We're going to make sure he knows that if he wants to put a guy who makes more in a day than many of his employees make in a YEAR in charge of protecting workers, he's on the wrong side of history. We need $15 an hour and union rights – not a fast-food CEO who doesn't believe in the minimum wage. And we won't back down."

For more info and to RSVP, see the link

2017 Virginia General Assembly: Bills Involving Labor

Note: Bills can still be filed until January 20th, so new items may be added. To see my master list of 2017 legislative topics, click here.

The letters before a bill’s number designate its chamber of origin. HB= House Bill, SB= Senate Bill, HR= House Resolution, etc.

Bills to support:

SB 785 raises the minimum wage to $8/hr by July 2017, and to $11.25/hr by 2020. SB 978 raises the minimum wage to $10/hr by July 2017, and to $15/hr by 2019. HB 1444 would increase the minimum wage to $10/hr by July 2017, and to $15/hr by 2021. $15/hr is a living wage for much of Virginia; to find the living wage for your city, you can use this Living Wage Calculator from MIT.

SB 783: Prohibits discrimination for public employment, in matters of sexual orientation or gender identity.

SB 824: Requires employers to provide paid sick leave to full-time employees, starting in 2018, with sick leave hours accruing at a rate of no less than 1 per 50 hours worked. Also establishes civil penalties for employers who break the law.

Bills to oppose: 

HB 1394: An anti-labor bill which establishes that employees which work for a franchised store are not the employees of the franchisor. This bill is intended to contravene the National Labor Relations Board's 2015 ruling which found that franchisors are liable for the labor law violations of their franchisees, because they have indirect control over hiring decisions and work standards as “joint employers.” This ruling makes it easier for unions to bargain collectively and for groups of workers to name franchisors in lawsuits.

HB 1596: Bans the state from requiring its contractors to pay a prevailing wage– IE, prevents the state from declining to contract with a firm because it pays only minimum wage.