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Paid Sick Days Opponents Continue to Hide Behind Preemption

Published on May 10, 2013 in Vicki Shabo. 0 Comments

Cross-posted from the National Partnership for Women & Families.

Last month, I wrote about a disturbing trend: States are passing “preemption” laws that prohibit a growing number of cities and counties from adopting their own paid sick days standards. Sadly, these misguided attacks on local democracy have been spreading rapidly, as legislators put the interests of the national big business lobby ahead of the interests of their constituents. Now, there are paid sick days preemption bills or laws in 13 states.

This trend is no coincidence. In fact, it is a well-coordinated effort to thwart paid sick days bills just as momentum for this common sense policy continues to build. We know that the National Restaurant Association circulated a draft preemption bill at a 2011 meeting of the corporate-funded American Legislative Exchange Council (ALEC). Since then, the association and other groups have been working behind the scenes to advance very similar bills.

Take the case of Florida. Eighty percent of Floridians say that workers should be able to earn paid sick days, and six in 10 want localities to be able to make their own laws. But Florida legislators refuse to listen to voters. Instead, big business associations and local power players like Disney and Darden Restaurants have convinced them to shut down local governments’ ability to pass their own paid sick days standards. It is shameful that the same state legislators who claim to be for “local government” are pushing through a policy that essentially ties its hands.

Michigan’s battle against preemption is also ongoing. As Working America points out, legislators in the state who have railed against “big government intrusion” have changed their tune to fulfill the wishes of the business lobby. As in Florida, Michigan voters say that workers should be able to earn paid sick days. They know that if Michigan’s preemption bill passes, it will be families – like the moms who make up the local advocacy group Mothering Justice and their kids – who will suffer most.

This same pattern is repeating itself across the country: Louisiana. Mississippi. Kansas. Tennessee. Arizona. A preemption bill is introduced – usually by a legislator who is an ALEC member, and usually with the support of the big business lobby – and then it’s fast-tracked through the legislature and quietly signed by the governor. In these five states, the new laws preempt not only paid sick days, but also local minimum wage and other ordinances proven to improve workers’ lives.

The bill in Arizona – now law – is particularly disturbing. In 2006, Arizona voters passed a statewide ballot measure forbidding the legislature from doing exactly what it just did: preempting local wage and benefits standards. According to the state constitution, the legislature must meet certain strict requirements to overturn a voter-approved measure. It hasn’t done so, making the preemption bill illegal and open to litigation. Arizonans can thank legislators like the sponsor of the bill, Rep. Thomas Forese (an ALEC member), for the costly lawsuit that will almost certainly be filed.

The Indiana bill is also troubling. In addition to preempting workers’ rights, it may overturn local anti-discrimination ordinances meant to protect the right of LGBT individuals to keep their jobs.

The other states considering preemption legislation are Alabama and South Carolina. The South Carolina bill was introduced by an ALEC Task Force chair, Rep. William Sandifer, and is being pushed through quickly and under the radar, leaving concerned advocates little time to speak out.

Washington and Oklahoma also considered preemption bills in 2013, but those bills have not passed.

Almost all of these preemption bills have been pushed through quietly, without the knowledge of activists or legislators who might ask questions about their provenance and usefulness. But, as the intent of the big business lobby becomes clearer, and as it becomes more obvious that these bills have nothing to do with the well-being of states or their residents, sponsors will surely have a tougher time defending their attempts to usurp power from the people to whom it truly belongs: voters.

New York City Council Paves the Way for One Million Workers to Earn Paid Sick Days

Published on May 8, 2013 in Staff. 0 Comments

Cross-posted from the National Partnership for Women & Families.

In a major victory in the effort to increase access to paid sick days, the New York City Council has passed a measure that would guarantee approximately one million workers the right to earn the paid sick time they need. This is a momentous achievement for a strong and dedicated coalition that has been working for more than four years to bring paid sick days to our nation’s most populous city.

The bill now goes to Mayor Bloomberg who has the opportunity to support working families and promote the city’s health by signing it into law. There is no excuse for him not to do so: The bill has the support of the majority of New Yorkers, the speaker and the City Council; and paid sick days have been shown to benefit workers, businesses, public health and local economies.

With this historic step forward in New York City, there is now undeniable momentum for paid sick days across the country. From San Francisco to Washington, D.C., Seattle, Connecticut and, soon, Portland, Oregon, workers, businesses, advocates and lawmakers have come together to enact this common sense policy. And campaigns in support of similar measures exist in nearly 20 other states and cities.

It is time for members of Congress to recognize the growing need and demand for paid sick days by advancing a federal standard like the Healthy Families Act. The bill has already been introduced in Congress, and 86 percent of voters say they support the national paid sick days standard it would provide. It would go a long way toward making the nation truly family friendly.

Congratulations to the strong coalition that made this victory in New York City possible today. Soon, the city will be a true national leader on this issue.

Sad Day for Floridians

Published on May 3, 2013 in Debra Ness and Staff. 0 Comments

Cross-posted from the National Partnership for Women & Families.

Floridians are the latest state residents to fall victim to an underhanded and harmful effort to undermine democracy across the country. Yesterday, members of the Florida House approved far-reaching legislation that will prohibit all localities from establishing paid sick days standards. The state Senate passed the measure last week. It now goes to Governor Scott for final approval.

This is truly a sad day for Florida, where a coalition of workers, businesses and advocates have been working to increase access to fundamental paid sick days protections. In September, despite the will of Orange County voters, the Florida business lobby and lawmakers under its influence kept citizens from being able to vote on an ordinance that would have guaranteed workers in the county the right to earn paid sick days. There has also been significant energy around and support for a paid sick days standard for workers in Miami-Dade county.

It is unacceptable that in a state like Florida, where residents clearly support common sense paid sick days standards, local lawmakers are being denied the ability to respond to their constituents by enacting the workplace standards they want and need – especially when proponents of the bill fail to offer state-level solutions. Yet this is part of a growing trend of so-called “preemption” bills designed to subvert local authorities’ ability to address local needs. At least six states have enacted similar measures, and they are being considered in at least four more.

We commend the Florida Coalition for Local Control for fighting against this damaging bill, and call on Governor Scott to veto it. In the meantime, the prevalence of state preemption bills make the case for a national standard like the Healthy Families Act even stronger. Working people across the country urgently need this common sense policy.

The Time is Now for Federal Action on Paid Sick Days

Published on April 24, 2013 in Debra Ness and Staff. 0 Comments

Cross-posted from MomsRising.

Susan, a single mother in Missouri, has a 10-year-old son who has pneumonia. She wants to stay home and care for him, but she cannot because her boss refuses to let her take the day off and she is terrified that, if she misses work, she will lose her job. She has no choice but to leave him home alone, breaking away from work as often as possible to call and check on him.

When Andrea’s seven-year-old daughter gets pinkeye, the Arizona mother is told to bring the sick child to work with her – at a school, no less. Andrea has to leave her daughter in a small room all day, checking on her regularly and worrying about the infection spreading to school staff and students.

Susan and Andrea are far from alone. They are just two of the nearly 40 million people in this country who cannot earn a single paid sick day. Millions more cannot use them to care for a sick child. For these mothers and fathers, having to choose between job and family is the norm. And it is simply unacceptable.

Fortunately, we have seen recent glimmers of hope that suggest a growing awareness of the plight of workers like Susan and Andrea, and the urgent need for public policies to help.

For the past several years, cities and states have been advancing paid sick days proposals. San Francisco and Washington, D.C., have had paid sick days laws in place since 2007 and 2008, respectively. In 2011, Connecticut became the first state to guarantee workers this basic right. And Seattle recently passed a paid sick days law, which took effect in 2012.

These laws paved the way for a flurry of activity that led last month to the approval of a paid sick days law in Portland, Oregon, City Council passage of a similar measure in Philadelphia for the second time (although Mayor Nutter vetoed it again), and an agreement in New York City that will lead to close to one million workers getting the right to earn paid sick days by the time the law is fully implemented in 2015.

These victories result from the tireless efforts of workers, businesses, advocates and lawmakers across the country. But the sad reality is that they won’t make life better for Susan or Andrea or for millions of workers like them who do not live in a city or state that gives workers the right to earn paid sick days. Their states, Missouri and Arizona, do not have paid sick days laws and, until recently, federal lawmakers have failed to even consider a national paid sick days standard.

That changed last week when members of the U.S. House of Representatives’ Committee on Education and the Workforce discussed H.R. 1406 – anti-worker legislation disguised as an effort to give workers more flexibility. The bill would cause real harm to workers; it would mean a pay cut without any guarantee of the time off workers need. But in the course of discussing this misguided and dangerous proposal, lawmakers acknowledged experiences like those of Susan and Andrea – and that the country needs policy solutions. And they had an unprecedented discussion of the Healthy Families Act, the federal paid sick days proposal.

As small a step as that was, it was a first for this Congress.  And it comes on the heels of local victories and significant momentum around and support for paid sick days policies. Lawmakers at the federal level need to seize this moment and pass the Healthy Families Act.

The time is now for federal action on paid sick days. Mothers, fathers, family members and workers across the country deserve it.

This post is by Debra L. Ness, president of the National Partnership for Women & Families.

Preemption: A Growing, Calculated Threat to Democracy

Published on April 5, 2013 in Vicki Shabo. 0 Comments

Cross-posted from the National Partnership for Women & Families.

From Vermont and New York City to Washington state, momentum and support for paid sick days policies are high. More than a dozen campaigns are working across the country to advance paid sick days and, last month, we celebrated victories in Portland and Philadelphia when city councils in those cities approved paid sick days measures. But with the great success of paid sick days and other pro-worker policies has come a disturbing trend: State-level legislation designed to prevent cities and counties from passing their own paid sick days standards and other workplace protections.

This “preemption” strategy first appeared in 2011 in Wisconsin, where the state legislature passed and Governor Scott Walker signed legislation to effectively void a Milwaukee paid sick days measure that passed in 2008 with the approval of nearly 70 percent of voters. It was an outrageous abridgement of local democracy. And it was just the beginning.

There is growing evidence that anti-worker groups such as the National Restaurant Association and the American Legislative Exchange Council (ALEC) are supporting these preemption bills. In 2012, the strategy surfaced again inLouisiana, where state legislators passed a more expansive preemption law than Wisconsin’s. The Louisiana law prevents local authorities from passing any basic workplace protections.

Now, preemption bills are being considered in even more states:

  • A bill in Mississippi passed quickly through the state House and Senate and has been signed by the governor. Now law, it preempts both paid sick days and minimum wage standards, to the detriment of Mississippi workers.
  • In Florida, where opponents kept the citizens of Orange County from voting on a local paid sick days measure last fall, state legislators are attempting to prohibit all localities from passing their own standards. This far-reaching legislation threatens to preempt not only paid sick days ordinances, but also to void local policies that affect living wage, domestic violence leave and other standards. The Florida Coalition for Local Control is fighting back.
  • In Michigan, preemption legislation was introduced with the backing of the Michigan Restaurant Association and the Michigan Chamber of Commerce. Advocates on the ground, along with allies in the legislature, are fighting it, armed with the fact that 60 percent of Michigan voters support paid sick days standards.
  • Legislators in Arizona and Indiana have also introduced broad preemption bills that are in danger of passing. In Arizona, the preemption of local wage and benefit measures by the state legislature is actually illegal according to a 2006 ballot measure and the state constitution. So, if the bill passes, the state – and taxpayers – could face a costly lawsuit. Indiana’s bill is also controversial: In addition to usurping local control, it may overturn existing municipal non-discrimination ordinances.
  • In Washington state, legislators have introduced a preemption bill in response to the paid sick days ordinance that Seattle passed in 2011. Local advocates have rightly identified it as an attempt to undermine the democratic process and silence the will of the people. In the meantime, Washington is considering a statewide paid sick days bill.

Most legislators who are promoting preemption bills claim workplace standards should not be enacted at the local level, but none have offered state-level solutions at a time when millions of workers and their families suffer without the basic paid sick days protection they need. This is irresponsible and one more reason that state legislators should see preemption efforts for what they are: misguided and harmful efforts to undermine democracy.

Local paid sick days advocates are increasingly aware of the threat posed by preemption bills, and they are redoubling their efforts. State preemption bills make an even stronger case for a national standard like the one proposed in the Healthy Families Act, which was introduced in Congress last month.

No matter where you live or work, no one should have to choose between job and family because he or she cannot earn paid sick days. Workers and families know it. Business leaders know it. And lawmakers increasingly know it. Preemption efforts may continue, but they will not stop the push to increase access to a standard that all workers so urgently need.

Paid Sick Days Bill Passes in Portland!

Published on March 13, 2013 in Staff. 0 Comments

Cross-posted from the National Partnership for Women & Families.

Just moments ago, the Portland City Council voted unanimously to approve an ordinance that will let tens of thousands of workers in Portland earn the paid sick days they need. As National Partnership President Debra Ness said:

A healthier, more economically secure Portland is on the horizon – and the nation is a critical step closer to having another city guarantee workers this basic right. This is a historic victory for Portland and the nationwide effort to ensure no worker has to choose between their health, their family and their job.

When Mayor Hales signs this bill, more than 120,000 workers in Portland will no longer have to worry that one case of the flu or a sick child will mean the loss of critical income or their families’ economic security. Workers and business owners will no longer have to fear contagion in workplaces and communities because people cannot afford to stay home when they are sick. And Portland residents, businesses and the local economy will all be better off as a result.

…

We urge Mayor Hales to make a paid sick days standard for Portland a top priority by signing it right away. It is the right thing to do for Portland, and it will pave the way for the future victories the nation urgently needs.”

This victory in Portland is a testament to the hard work of a broad and diverse group of organizations that make up the Everybody Benefits Coalition, including Family Forward Oregon, in addition to all of the workers, businesses and advocates who came together to make it possible.

Pending Mayor Hales’ approval of the bill, Portland will be the fourth city to guarantee workers the right to earn paid sick days. Laws are already in place and working well in San Francisco, Washington, D.C., Seattle and Connecticut. And there are dozens of efforts to advance similar proposals across the country, including in Philadelphia, New York City, Maryland and Vermont. Victories like this one add to the national momentum for paid sick days policies and strengthen the case for a national standard.

The federal Healthy Families Act, which would guarantee workers the right to earn up to seven paid sick days per year, is expected to be introduced in Congress next week. You can encourage your representative and senators to show their support for it here.

Progress in Washington, Vermont and Philadelphia!

Published on February 19, 2013 in Staff. 0 Comments

Earlier this month, lawmakers in Washington state held a hearing to consider proposed paid sick days and family and medical leave insurance bills. The Washington Work and Family Coalition turned out in force to show support for these family friendly proposals – and for good reason: One million workers in Washington have no paid sick days.

Don Orange, a small business owner who testified at the hearing, wrote a compelling piece for The Columbian in which he says: “Family and medical leave will be good for my business, but that’s not the main reason I support it. I’m for it because it will strengthen families in my community, and there’s nothing more important than that.” Check out a great round up of the hearing from Public News Service.

The coalition’s hard work paid off – on February 13th, the state’s House Labor and Workforce Development Committee approved both bills. This is an exciting step forward. Be sure to follow the Washington Work and Family Coalition on Facebook and Twitter for more updates.

A paid sick days bill was also introduced in Vermont this month. Voices for Vermont Kids is leading the coalition behind the proposal, which would allow workers to earn seven paid sick days a year.

And in case you missed it, Philadelphia City Council members introduced an earned sick days ordinance on January 24th. Check out Philadelphia Earned Sick Days and its new Tumblr page for more, including a recently released study showing that Philadelphia businesses would benefit from the proposed sick days ordinance.

Stay tuned for more on this exciting activity!

More 2013 Paid Sick Days Campaigns Kick Off!

Published on February 1, 2013 in Staff. 0 Comments

On opposite sides of the country, coalitions of workers, businesses and activists kicked off paid sick days campaigns this week. These newly launched campaigns demonstrate the continued strength and energy behind this family friendly policy.

The Portland City Council held its first public hearing on an earned sick days ordinance on Thursday. The Everybody Benefits coalition, led by Family Forward Oregon, rallied strong support for the ordinance as supporters shared their stories. One worker – whose husband cannot earn a single paid sick day and is afraid he will lose his job if he stays home to care for their sick children – asked the councilmembers: “I wonder if when your children get sick if you take them to the doctor without being afraid. …. What is the difference between you and us?” The council will hold a second hearing at the end of the month. It is expected to vote on the ordinance soon after.

Check out the Portland Tribune for a great wrap up, including City Commissioner Amanda Fritz’s take on the proposal: “This is not a luxury issue; this is a basic civil and human rights issue.” Be sure to follow the Portland campaign on Twitter and Facebook to stay up-to-date and get involved.

In Annapolis, Maryland, on Thursday, legislators unveiled the Earned Sick and Safe Time Act. The bill would allow workers to earn seven paid sick days a year – a necessity for the more than 700,000 workers in the state who cannot earn a single paid day off when they get sick. Working Matters Maryland, a broad-based coalition of 65 organizations, celebrated the filing of the legislation with dozens of supporters. As the Baltimore Sun reports, workers and businesses alike support the bill, calling it important for the economy and for public health. For more information, follow Working Matters on Twitter and Facebook.

Coming Up: The Washington Work and Family Coalition is working to advance paid sick days and family and medical leave insurance bills. Learn more and sign up to testify when the Washington state House holds a hearing on both bills on February 5th – the 20th anniversary of the Family and Medical Leave Act.

 

Now is the Time for Paid Sick Days in Philadelphia

Published on January 25, 2013 in Staff. 0 Comments

With a swell of support from a coalition of workers, advocates, businesses and lawmakers, a proposal for a citywide earned paid sick days standard was introduced in the Philadelphia City Council today. In 2011, Mayor Michael Nutter vetoed a similar proposal arguing that it wasn’t the right time.* Nearly two years later, in the midst of a flu outbreak that has many thinking about public health, the Philadelphia paid sick days coalition is making clear that now is.

As Councilmember and champion of the proposal Bill Greenlee explained: “[T]he places where flu can be spread the most — restaurants, health care facilities, the hospitality industry — is where most people don’t have paid sick leave.” Sadly, he couldn’t be more right.

But it’s not just the flu outbreak that makes now the time for paid sick days in Philadelphia. More than 210,000 working people in the city still can’t earn a single paid sick day. The proposal now has strong support inside and outside of the City Council. And the coalition of workers, advocates and businesses is more energized than ever.

A hearing on the bill is expected in coming months. Now more than ever, it’s time for a paid sick days standard in Philadelphia and across the country. Stay tuned for more on how to support the campaign.

* The Council later passed – and the mayor did not veto – a bill requiring contractors with the city to allow their employees on city projects to earn paid sick days.

The Flu Thrives Without Paid Sick Days

Published on January 14, 2013 in Debra Ness. 0 Comments

Cross-posted from the Huffington Post.

By now, we have all heard about or been affected by the influenza outbreak that is sweeping the country and taking a staggering toll. At least 44 states have been hit, thousands of hospitalizations and dozens of deaths have been reported so far, and some are already comparing this year’s outbreak to the H1N1 pandemic of 2009.

Story after story carries the common-sense recommendation from the Centers for Disease Control and Prevention (CDC) that people who are feeling sick should stay home. The CDC includes this as a foremost component of flu treatment and prevention.

But what many don’t realize is that staying home when you’re sick is a privilege in this country — one that more than 40 percent of the private sector workforce does not have because no matter how long they hold their jobs or how hard they work, they can’t earn a single paid sick day. Millions more can’t earn any paid sick days to use to care for a sick child or family member.

As a result, workers are forced to forego the medical treatment and recovery time they need. Instead, because they have to pay the rent and put food on the table, they go to work sick and send ill children to school or daycare.

It is during public health crises like these that we are reminded of the grave consequences of our country’s failure to let workers earn paid sick days.

Take, for example, the 2009 H1N1 pandemic. (Despite the many comparisons being made to H1N1 already, this outbreak is currently not at the same magnitude.) During that outbreak, an estimated 7 million people in the United States caught the flu from their co-workers. And according to the American Journal of Public Health, people without paid sick days were at greater risk of being exposed to the virus.

Part of what makes the lack of paid sick days such a public health issue is that it is the very workers who have the most frequent contact with the public — such as those working in food service, child care and personal care — who are the least likely to be able to earn paid sick time. The result is a recipe for increased contagion in our workplaces, communities and across the nation.

The good news is that this problem is solvable, as some lawmakers and voters in one state and a handful of cities across the country have demonstrated. They have listened to the people in their localities and followed the advice of public health organizations by establishing common sense paid sick days standards — with great success.

But a health crisis such as this one makes painfully clear that it is time for a federal standard. And lawmakers and employers are simply not doing all they can and should to prevent the spread of illness.

There is a bill, the Healthy Families Act, which has been introduced in the last several Congresses. It has been the subject of in-depth hearings, and it would put the nation on track to implement a national paid sick days standard similar to the ones working well in places that have put such standards in place. Its passage should be a high priority.

A national paid sick days standard would not stop the flu, but it would mean that more workers and their families could stay home to recover when they get it. That would slow the spread of contagion and prevent low-income families from facing impossible choices when the flu or other illnesses strike.

So, as we continue to see, hear and experience the effects of this epidemic, let’s remember that there is a simple, yet critical, step we haven’t taken. And let’s do something about it.

Debra L. Ness is the president of the National Partnership for Women & Families.