Rick Hess’ Uber Driver Speaks Out

Our guest author is Leo Casey, Shanker Institute executive director emeritus.

 I was out pounding the streets the other day, and a ride for Rick Hess at the American Enterprise Institute popped up on my driver’s app. Geez, I thought to myself, not him again. But I have to put food on the table and clothes on the back of my kids, so I headed over to AEI.

Ten minutes late, Rick jumps into my car, and starts in. “I want to ask you about…” I interrupted him: “Rick, before we get into what you want to talk about, I want to ask you a question first.”

Inaugural State of the Unions Address

On this Labor Day, 2023, the Shanker Institute reposts AFL-CIO President and Shanker Board Member Liz Shuler's "Inaugural State of the Unions Address" as prepared for delivery on August 29, 2023.

Good morning, everyone! 

To our union family and friends here in the House of Labor, and everyone watching along: Thank you for being part of this new Labor Day tradition.

Every year, we’re going to come together and talk about where working people stand in this country.

The story we’re going to share with you today, at this inaugural State of the Unions, is our story as working people. It’s the story of a number — 88% — which I’ll come back to in a few minutes.

But first I want to reflect on what we just heard from our speakers here today.

Every day, I travel this country and I talk to workers — workers in unions, of course, but also working people who aren’t yet part of a union. And this is what I hear from them:

I don’t feel good about my future. 

I need to make more money. I need a stable job. I wish I could afford a home. I wish I had some power over my work and my life right now.

There is a reason that song, Rich Men North of Richmond, is the number one song in the country right now. For a long time, working people in this country have felt powerless. They’ve been powerless. 

But here is the truth we’re going to talk about today: 

Working people are reclaiming our power. 

Working people are taking on the companies that have exploited us for a long time now.

The State of the Unions is on the rise.

Tiny Crayons & Big Promises: What is Next for Early Care Provider Compensation in the U.S.?

Society’s youngest members have received some pretty big mentions recently—and for good reason. The United States isn’t heading into a childcare crisis any longer; it is fully in it. The already struggling industry was hit especially hard by the pandemic and has impacted families across the nation. The childcare crisis is so pervasive that President Biden prioritized childcare and prekindergarten stating, “if you want America to have the best-educated workforce, let’s finish the job by providing access to preschool” in his State of the Union address.

In the audience, several U.S. Representatives brought individuals directly impacted by the childcare crisis as their guests of honor. Senator Elizabeth Warren of Massachusetts brought Eugénie Ouedraogo, a mom and nursing student who depends on access to affordable early care and education. Senator Patty Murray of Washington brought Angélica María González, a mother who experienced firsthand the lack or quality care for her children and a Moms Rising advocate. Senator Murray took her statement of support beyond who was sitting with her to what she was wearing. Senator Murray organized Democrats in the House and Senate to wear pins in the shape of tiny crayons to signal support for childcare funding, as President Biden proposed at the beginning of his administration. In an analysis of the State of the State addresses given by governors, First Five Years Fund found that the childcare crisis was an important issue on both sides of the aisle, with 40 percent of Republicans and 60 percent of Democrats talking about it. However, of the governors who specifically mentioned early childhood education as a priority for their states, only one in four governors referenced the childcare workforce and the struggle to find, recruit and retain workers. While these are exciting developments (especially in contrast to Donald Trump’s one 16-word sentence in his State of the Union in 2019) why is so little of the conversation centered around the early care workforce? The priority seems to be getting parents with young children back to work with affordable childcare.

In Memoriam: Thomas R. Donahue

It is with great sadness that the Albert Shanker Institute acknowledges the passing of former longtime Shanker Institute board member, Thomas R. Donahue, 94. Donahue was President Emeritus of the AFL-CIO and spent his life as a champion of organized labor and democracy at home and abroad.

Upon hearing the news, American Federation of Teachers and Albert Shanker Institute President Randi Weingarten shared, “Thomas Donahue understood and fought for decades the waves of unrestrained corporate power that undermined workers and their unions. His voice is missed. Condolences to his wife, Rachelle, and his family” on Twitter.

Labor Day Message

Happy Labor Day!

The famous adage to call for solidarity, “an injury to one is an injury to all,” is most often used by labor unions in times of struggle, like a dangerous or unfair practice by the boss or during strike. These times of struggle have been occurring across the country. My own home state of Minnesota saw the Minneapolis Federation of Teachers and Education Support Professionals strike last spring for improvements to better meet the needs of students and strengthen their professions and the Minnesota Nurses Association Is on the verge of a strike 15,000 MNA members strong for better patient care. These unions, and those the AFL-CIO identify on their national strike map, have seen injuries on the job, from physical injuries that may come from unsafe staffing in a hospital to damage large class sizes, teacher shortages, and disrespectful pay for paraprofessionals do to teaching and learning. Unions, like these, see that “an injury to one is an injury to all” wraps up both patient and nurse, or educator, student, and family—the kind of common good bargaining the Shanker Institute continues to support.

Strikesgiving

October has ended with Scranton educators and Las Cruces bus drivers announcing job actions, along with the on-going strikes of miners in Alabama, nurses in Worcester, MA, hospital workers in Buffalo, NY, 10,000 John Deere workers and  Kelloggs’ workers, but #Striketober is far from over. But we both see this optimistically.

Certainly these are labor disputes, however, seen in contrast to all the news around The Great Resignation (also known as The Big Quit), these workers are actually demonstrating an enduring commitment to their work via their united voice. These workers have had every opportunity to walk away from their work permanently, like those who have done so amidst the Great Resignation. However, they are using their collective agency to commit to their jobs by telling their employers (after trying every other way of making their point) how to be a place that will retain them and how to make their workplaces better. These workers are so committed to their work that they are willing to strike to get their employers’ attention, and to make their work bearable so they don’t have to quit. They are walking out rather than walking away and by doing so, giving their employers the opportunity not to be another Big Quit statistic.

At 6 percent, U.S. private sector collective bargaining is near the bottom of the world’s democracies. In part the quit rate celebrated in the media is directly connected to the slugfest with employers that workers must endure in order to organize and bargain. Passage of the PRO (Protect the Right to Organize) Act and further reforms would help, along with increasing union support for the organizing upsurge now evident across the private sector.

Where Al Shanker Stood: Labor Law Reform

This month marks the 50th anniversary of the assassination of Martin Luther King, Jr. in Memphis, Tennessee, where he was working in support of the union rights of striking African American sanitation workers. We thought it was an opportune time to reprint this July 17, 1977 piece, in which Al Shanker turned over his weekly column to his friend and mentor Bayard Rustin, advisor to King on nonviolent protest strategies, chief organizer of the 1963 March on Washington, and founding president of the A. Philip Randolph Institute.

The nation's labor laws need to be reformed to give workers a fair chance to organize. Enlightened opinion has long recognized that unions are essential if workers are to have any hope of dealing on an equal basis with their employers.

The nation's basic labor relations policy was expressed in the Wagner Act of 1935 as "encouraging the practice and procedure of collective bargaining" and "protecting the exercise by workers of full freedom of association, self-organization and designation of representatives of their own choosing." The Taft-Hartley and Landrum-Griffin amendments to the Wagner Act undermined those principles by creating an imbalance in favor of employers.

Although companies no longer employ the brutal anti-union methods of the past, many have adopted a sophisticated arsenal of devices -- legal, illegal, and extralegal -- to interfere with and frustrate the rights of workers to organize and bargain collectively.

Thinking About A Third Category Of Work In The Trump Years

Our guest author today is Benjamin Sachs, the Kestnbaum Professor of Labor and Industry at Harvard Law School. This post, originally published at OnLabor, is part of a series of posts by speakers at our 2016 conference, "The Challenge of Precarious Labor," videos of which can be found here.

During the last few years of the Obama Presidency, we saw a productive debate over the question of whether changes in the organization of work called for a new legal categorization of workers. In particular, the question was whether we need a third category, intermediate between “employee” and “independent contractor,” to capture the kinds of work arrangements typified by gig economy firms like Uber. Seth Harris and Alan Krueger, in a leading example, called for the creation of a legal category they named “independent worker,” which would grant some – but not all – protections of employment law to workers engaged in these types of work relationships.

There were several primary points of contention in the debate. One was whether such a third category actually was necessary, or whether the existing categories of employee and independent contractor were flexible and capacious enough to capture the new work relationships. Harris and Krueger took one position on this question, I took another.

A second question was whether a third category would result in ‘leveling up’ or ‘leveling down.’ One hypothesis was that if we created a new category – independent worker or something similar – workers previously classified as independent contractors would be shifted up (as it were) into the new category and thus granted expanded protections relative to what they enjoyed as contractors. The other hypothesis, the more pessimistic one, was that workers previously classified as employees would be shifted down into the new category and thus offered fewer protections relative to what they enjoyed as employees.

Contingent Work In The U.S. Labor Market

For the past 20 or so years, it is fairly common to hear that the U.S. workforce is an increasingly precarious workforce – that is, made up of jobs with non-standard employment arrangements, such as temp jobs, on call work, and independent contracting.

Because these types of employment arrangements, often called “contingent work,” tend to offer less stability, lower wages, and less opportunities for advancement, compared with “standard” full-time jobs, the growth of the contingent workforce is often portrayed as a cause and/or signal of the erosion of workers’ rights and the decline of the middle class in the U.S. Others see it differently, however, and argue that contingent work offers the flexibility desired by employers and employees alike, and that flexible jobs allow faster and more efficient “matching” of workers with positions, thus boosting productivity. This debate, of course, centers largely around empirical questions, and the body of research on contingent work has been building for a few decades now (see Kalleberg 2000; Connelly and Gallagher 2004). Yet not all labor force surveys are designed to capture the full set of nuances of workers’ employment arrangements. Starting in the mid 1990s, the Bureau of Labor Statistics (BLS) had the good sense to collect data on this topic, in the form of the Contingent Worker Supplement (CWS) to the Current Population Survey (CPS). The CWS was administered five times between 1995 and 2005, and provided valuable data on these “nonstandard” employment relations.

The CWS, however, has not been conducted since 2005, substantially decreasing the high quality information available on contingent work at a particularly important time, given that the Great Recession began shortly thereafter. The U.S. Government Accountability Office (GAO) made a laudable attempt to fill this hole with an April 2015 report, which uses several data sources to provide an important snapshot on the prevalence of and trends in contingent work in the U.S. (the data go up to 2010). There are a few key takeaways from this report, some of which are long established.

Fighting For Fairness For U.S. Domestic Workers

On September 17, 2013, the U.S. Department of Labor (DOL) announced the Home Care Final Rule, which extends the Fair Labor Standards Act’s (FLSA) minimum wage and overtime protections to domestic workers who provide home care assistance to the elderly, the infirm, and the disabled. The Home Care Final Rule is essential to improving the lives of two million domestic workers who, unlike other U.S. workers, are in many states not protected by the FLSA regarding minimum wage, overtime, sick leave, and vacation. Domestic work differs from other jobs in that the work takes place inside other people’s homes, which often puts domestic workers’ wellbeing at the mercy of their employers.

The exclusion of domestic workers from the FLSA was a concession to Southern politicians in the early 1900’s. It had left many homecare aides vulnerable to abuse and mistreatment by their employers. The rule was scheduled to go into effect on January 1, 2015. However, lawsuits filed by homecare corporations have hindered the change and served as an excuse for states to postpone implementation. For example, in Home Care Association of America v. Weil, U.S. District Court Judge Richard Leon vacated the portion of the Rule that prevents third-party home care providers from using the companionship services exemption, and later vacated the revised definition of companionship services.

As of July 2015, only five states have passed the Domestic Workers Bill of Rights: New York; Hawaii; California; Massachusetts; and Oregon. New York was the first state to pass the law (in July 2010) after six years of efforts by domestic workers, unions, employers, clergy and community organizations. The bill was introduced in two other states, Connecticut and Illinois, but has yet to be passed.

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