Legal
cmonforton | July 25, 2013The fourth largest city in the U.S. may be the next major metropolis taking action against wage theft. Members of Houston's City Council held a public hearing this week to discuss a proposed city ordinance targeted at employers who fail to pay the minimum wage or legally due overtime pay, force employees to work "off the clock," or simply skip out on paying owed wages. In Houston alone, an estimated $750 million are lost every year due to wage theft perpetrated against low-wage workers. The economic consequences for the victims and their families is profound, as is the potential effect on…
egrossman | July 24, 2013On July 15 and 16, about two dozen farmworkers paid an unprecedented visit to Capitol Hill to ask Congress, the Environmental Protection Agency (EPA) and the White House to support increased protection from exposure to pesticides. Farmworkers have lobbied Congress before, but this is the first time such a visit focused entirely on pesticide exposure issues, explained Farmworker Justice director of occupational and environmental health, Virginia Ruiz. Farmworkers are asking Congress to support strengthening the EPA’s Worker Protection Standard for pesticides, a regulation that has not been…
lborkowski | July 18, 2013by Anthony Robbins, MD, MPA
The current issue of Mother Jones offers an article on the troubling and growing list of State "gag laws" which make it a crime to disclose contamination and abuse in animal breeding and slaughter houses. Ted Genoways in "Gagged by Big Ag," describes the events and players leading to:
laws (enacted in 8 states and introduced in 15 more) are viewed by many as undercutting—and even criminalizing—the exercise of First Amendment rights by investigative reporters and activists, whom the industry accuses of "animal and ecological terrorism."
A colleague alerted me to…
lborkowski | July 3, 2013The Supreme Court's decisions on marriage equality and the Voting Rights Act got a lot of media attention last week, but several of the Court's other decisions also have implications for public health -- and they came down on the side of employers, real-estate developers, and drug manufacturers.
In a Washington Post op-ed, Georgetown University law professor David Cole warns, "the underlying theme of the Supreme Court’s term was not the recognition of rights, but their dilution." He points to two cases involving employment discrimination:
In a pair of less-noticed decisions released the day…
kkrisberg | June 28, 2013Sharon Thomas-Ellison works hard for her paychecks at Jimmy John's. On occasion when no one else is available, the 19-year-old has worked from 11 in the morning until 1 a.m. at night with just a 30-minute break — and it's okay, she says, she needs the extra income.
After a long day's work on her feet, often working split shifts, the St. Louis resident goes home to the one-bedroom apartment she shares with her brother, who also works for Jimmy John's, a fast food sandwich chain that's become a billion-dollar a year enterprise with more than 1,500 stores nationwide. It's a struggle to pay the…
lborkowski | June 11, 2013by Kim Krisberg
It seems we barely go a week now without news of another violent gun incident. Last week's shooting rampage in Santa Monica, Calif., has resulted in the deaths of five people. And since the Newtown school shooting last December — in the span of less than six months — thousands of Americans have been killed by guns.
Just a couple days before the Santa Monica shooting, the Institute of Medicine (IoM) and National Research Council released a new report proposing priority research areas for better understanding gun-related violence, its causes, health effects and possible…
lborkowski | June 7, 2013by Kim Krisberg
Every Tuesday night, the Austin-based Workers Defense Project welcomes standing room-only crowds to its Workers in Action meetings. During the weekly gatherings, low-wage, primarily Hispanic workers learn about their wage and safety rights, file and work on wage theft complaints, and organize for workplace justice.
Once a month, a representative from the local OSHA office would join the Tuesday meeting, giving some of Texas' most vulnerable workers the chance to meet face-to-face with the agency charged with protecting their health and safety on the job. Unfortunately, due to…
lborkowski | May 24, 2013by Kim Krisberg
When it comes to nonviolent drug offenses, systems that favor treatment over incarceration not only produce better health outcomes, they save money, too. It's yet another example of how investing in public health and prevention yields valuable returns on investment.
In a new study published in the June issue of the American Journal of Public Health (AJPH), researchers found that California's Substance Abuse and Crime Prevention Act, which diverts nonviolent drug offenders from the correctional system and into treatment, saved a little more than $2,300 per offender over a 30-…
lborkowski | May 14, 2013by Kim Krisberg
Earlier this month, Florida lawmakers wrapped up their latest legislative session. And nearly 500 miles south of Tallahassee in Miami-Dade County, workers' rights advocates breathed yet another sigh of relief.
Ever since Miami-Dade adopted the nation's first countywide wage theft ordinance in 2010, it's been under attack. For the first two years after its passage, state legislators tried to pass legislation to pre-empt local communities from passing their own wage theft laws; this last legislative session, they tried again but included a carve out for Miami-Dade and for…
lborkowski | April 26, 2013by Kim Krisberg
Another day, another study that shows investing in public health interventions can make a serious dent in health care spending.
A new study recently published in the American Journal of Preventive Medicine found that banning smoking in all U.S. subsidized housing could yield cost savings of about $521 million every year. That total includes $341 million in secondhand smoke-related health care expenditures, $108 million in renovation expenses and $72 million in smoking-attributable fire losses. In fact, just prohibiting smoking in public housing alone would result in a savings…
lborkowski | April 19, 2013by Kim Krisberg
Eric Rodriguez and his colleagues at the Latino Union of Chicago quite literally meet workers where they're at — on the city's street corners. Many of the day laborers who gather there during the morning hours are hired to work construction at residential housing sites. Work arrangements are hardly formal, to say the least, and day laborers are frequently subjected to unnecessary and illegal dangers on the job. Unfortunately, worker safety is often kicked to the curb in the street corner marketplace.
For years, Rodriguez, who started as an organizer and is now the union's…
Cracking down on deadbeat bosses: Wage theft victory a milestone in Chicago's worker center movement
lborkowski | April 15, 2013by Kim Krisberg
For Angel Nava, Chicago's newly adopted wage theft ordinance is particularly personal.
Until recently, Nava had worked at the same car wash business in Chicago's Uptown neighborhood for 14 years. The 55-year-old employee did it all — washing, detailing, buffing — for about 50 hours each week. Then, his boss decided to stop paying overtime.
In fact, Nava didn't receive the overtime he was owed for the last four years he worked at the car wash. He told me (though a translator) that none of his co-workers were receiving overtime either — "everyone was very upset." Nava said he…
lborkowski | March 29, 2013by Kim Krisberg
In California, a minimum wage worker has to work at least 98 hours in a week to afford a two-bedroom unit at fair market rental prices. In Texas, that worker would have to work between 81 and 97 hours in a week, and in North Carolina it's upward of 80 hours per week. In fact, in no state can minimum wage workers afford a two-bedroom apartment working a standard 40-hour week without spending more than 30 percent of their income on rent — the percentage historically used to determine fair rental prices.
"What we've been witnessing is basically exactly what we've been expecting…
lborkowski | March 18, 2013by Kim Krisberg
When it comes to public health law, it seems the least coercive path may also be the one of least resistance.
In a new study published this month in Health Affairs, researchers found that the public does, indeed, support legal interventions aimed at curbing noncommunicable diseases such as diabetes, heart disease and obesity. However, they're more likely to support interventions that create the conditions that help people make the healthy choice on their own. They're less likely to back laws and regulations perceived as infringing on individual liberties. It's a delicate…
lborkowski | March 1, 2013by Kim Krisberg
Texas construction workers who've lost their lives on unsafe worksites may be gone, but they certainly haven't been forgotten. Earlier this week, hundreds of Texas workers and their supporters took to the streets to demand legislators do more to stop preventable injury and death on the job. They took their demands and the stories of fallen workers all the way the halls of the state capitol.
Just two days ago, workers from every corner of the Lone Star state made their way to Austin to take part in the Day of the Fallen, a day of action to memorialize construction workers…
lborkowski | February 22, 2013by Kim Krisberg
For many migrant farmworkers, the health risks don't stop at the end of the workday. After long, arduous hours in the field, where workers face risks ranging from tractor accidents and musculoskeletal injuries to pesticide exposure and heat stroke, many will return to a home that also poses dangers to their well-being. And quite ironically for a group of workers that harvests our nation's food, one of those housing risks is poor cooking and eating facilities.
A group of researchers and advocates recently decided to take a closer look at such facilities among migrant farmworker…
lborkowski | February 8, 2013by Kim Krisberg
A couple years ago, two Johns Hopkins University public health researchers attended a public hearing about the possible expansion of an industrial food animal production facility. During the hearing, a community member stood up to say that if the expansion posed any hazards, the health department would surely be there to protect the people and alert them to any dangers. The two researchers knew that due to limited authority and resources, that probably wasn't the case.
"We felt like there was this false sense of comfort among the public," said Roni Neff, one of the two…
lborkowski | February 1, 2013by Kim Krisberg
Texas may boast a booming construction sector, but a deeper look reveals an industry fraught with wage theft, payroll fraud, frighteningly lax safety standards, and preventable injury and death. In reality, worker advocates say such conditions are far from the exception — instead, they've become the norm.
Such conditions were chronicled in a new in-depth report released earlier this week. Researchers, who surveyed nearly 1,200 construction workers in Dallas, San Antonio, Houston, Austin and El Paso, found that one in five construction workers experienced a workplace injury…
cmonforton | January 29, 2013[Updated below (6/24/2013)]
The Huffington Post's Dave Jamieson has a story today from the Kentucky coal fields that has my head shaking in disbelief. Reuben Shemwell, 32, says he was fired by Armstrong Coal after complaining about safety problems, including asphyxiation hazards and inappropriate respirators. As provided by the federal Mine Act (Section 105(c)), Shemwell filed a complaint with the U.S. Labor Department's MSHA for wrongful discharge. Now he finds himself being sued by his former employer in Kentucky state court. Armstrong Coal claims that Shemwell filed a "false…
lborkowski | January 18, 2013by Kim Krisberg
"To know you participated in building something in your city — it's just an experience, you know?"
Those are words from Austin, Texas, native Christopher McDavid, 22, a graduate of the city's newly established Construction Career Center. During his time at the center, McDavid got certified in flagger safety (flaggers direct the safe passage of traffic through construction areas), first aid and CPR, and basic concrete work and received his OSHA 10 certification, which he said "has opened my eyes to actually see the things that can be harmful to me."
Now, McDavid is looking for…