Ramona's picture

    Nothing You can do when You need the Job

     

    Workers are repairing the facade of the building where we rent our winter apartment.  They started on the 17th floor on January 2 and today they've finally made it to the fourth floor, and right now they're drilling and chiseling and scraping away the old finish right outside the window next to my desk.

    We've gotten to know them over the days we've been here and they're funny and polite and happy and at least two of them have pretty good voices when they sing.  I don't want to think like this but I'm way south of the Mason-Dixon line, so here goes:  Even though they're white, I'm reminded of the old plantation slaves.  Not because they're funny and polite and happy and can sing -- no, that would be stereotyping -- but because my husband just came in, spitting with rage, to tell me that they're working out there in the cold (and in the heat when it's hot), on a swaying scaffold, working a 79 1/2-hour work week, and they're getting no overtime.

    It started like this:  My husband went out to kibitz and said, joking, "Don't you guys ever have a day off?"  (Because this has been going on non-stop every day since we got here, including Saturdays and Sundays)  And one of the guys said, "Ha!  You got it! I worked 79 1/2 hours last week."  And my husband, joking, said, "Wow, you better be getting some good overtime."

    And the guy looks at him like he's from Michigan or something (the old Michigan, not this new one), and says, "There's no overtime."

    And my husband says, not joking now, "They can't do that.  It's against the law.  You're entitled to overtime if you work more than 40 hours, and they could get in big trouble if they don't give it to you."

    And one of them says, "Yeah, we know. But if we complain we could lose our jobs."

    So that's that.  They're out there singing.  And I'm writing this on the dining room table because I can't think in there with all the noise.  And it turns out I can't think out here, either, because, try as I might, I don't know what I'm supposed to say now.

     

     
     
    (Crossposted at Ramona's Voices)

    Comments

    Talking about class warfare!


     Remember; "they'll do the work an American worker won't do" ......that cheap or that long, without decent pay.  Hire an illegal?

    it's very hard for employees to make demands on employers, when employers and their business roundtables, flood the market with an over abundance of workers.  

    The Capitalists call it SUPPLY AND DEMAND.

    They say the housing crisis was because people bought more house, than they could afford.

    These last few years, wages didn't keep up, because we couldn't make demands. 


    Ramona, We've had a plethora of employers that do not adhere to the employment laws.They range from no overtime pay; not maintaining workmen's comp insurance (which I venture the employer there doesn't either because workman's comp usually does an annual audit of their insured companies); keeping half their employees tips or just not giving them the ones that are on credit cards and the list goes on..............

    When many, due to my job, came to me about these issues, the first thing I did was become informed about the state's employment laws as well as federal.

    I then contacted the Department of Labor, obtained the name of the person who oversaw our region and spoke with her.   I discovered that the Department of Labor (usually during the spring and summer months) routinely pays surprise visits to companies and audits them.  Many times they are responding to 'tips' of unlawful practices and never divulge to any business whether they were just randomly chosen or following up on a complaint.

    Here, if found they have not paid overtime, they have to pay the employees triple the monies lawfully owed and for most infractions are fined (no workman's comp, it's $1000.00 per day with a set number of days to obtain the insurance or they will be closed down, et al.) They also give the employees their contact info and tell them to advise if the employer continues violating the laws and/or attempts to terminate or enact some form of retribution on any of the employees.

    In my experience, contacting the Dept. of Labor has delivered solutions and most companies will either begin ensuring they are in compliance or they simply go away, but the principals will still have to pay employees any monies due them.

    IMO, Until people start standing up and speaking out against these abuses, they will only become more widespread and abusive.


    I know that's true, Aunt Sam, and it's outrageous, but what struck me yesterday was how much I wanted to do to get them the money the government promised they were entitled to, and how little, in the end, I could do, given these particular circumstances.

    I looked up all the info needed to make a case, and I could have done something, I know.  At least got the ball rolling.  I know a union leader down here and I was tempted to call him and ask him what I should do, but in the end I did nothing. 

    Because this is a small local company we're talking about, and these guys need these jobs.  If I had raised a stink and the company was forced to do something about it, I know for a fact it would have come out of the workers' hides.  They would either lose their jobs outright or would have to make concessions in order to pay for the fines that likely would have been imposed.

    In my need to become hyperbolic over this, given how angry I was yesterday, I equated those workers to slaves, but really--that's not the case.  They like their jobs.  They sing, they laugh, they kibitz.  But they've also been conditioned to accept the fact that nothing the government does to make their jobs better is going to work when jobs are at a premium and the employers have the upper hand.

    So, of course, we had to come back to the need for unions everywhere.  Without representation, workers will always be screwed.  A strong union would never have let this happen.  From the start, the union bosses would have let the company know there were laws about these things and they would have to live up to them, or else. (One major reason why management fights so hard against unions.  Another well-known but useless fact.)

    The only kind of company transparency a worker can hope for is the kind of transparency that comes from outside threats to expose them.  They won't do it otherwise.  We need unions, but as much as we need them today, they're anachronisms--dreams of the good old days.

    I felt useless and impotent yesterday and once again I recognized how little my yodeling here means when push comes to shove.  Just talking about these inequities will never be enough, yet when I had the chance to do something about it, I couldn't do it.

      There's not a doubt in my mind that if I had put that protest into motion nobody would have been hurt by it as much as the guys out there on that scaffold.  We can speak out about those abuses generally--which rarely has any long term effect--but trying to help people in real-time, every day situations is something else again.  Which is why I said I didn't know what else to say.  I really don't.


     Of course, I have no knowledge of the Dept. of Labor there and if they are competent and proactive.  I do know that here, there has not once been an incident when the employees have been penalized.  The state's representative is careful and makes sure to also 'visit' other like businesses and yes, this has yielded some infractions too.

    If you truly want to do something, do a little bit of research into the company - do they have roots there?  Do they have properties there?  Do the owners have residences there? How long have they been in business?  Obtain basic data to ascertain if they are vested in the area, as well as what assets, etc.  Also, have there been complaints?  Is the company a sole proprietorship or partnership or LLC or other corporation?  If corporation, go on your state's website and find out who the board members are (It sounds like a privately held, not public entity).

    If you really trust this union leader, ask his advice and what he knows about company.

    The more factual data you have, the better informed you are to make any decision.

    There is more than one way to deal positively with this discreetly and without fear of retribution.  If you do the research and get this info, I'll be glad to help.  There's always a way to do the right thing.

    These types of 'employers' do this because they can - and they can because no one does anything about it.


    Excellent points, Aunt Sam.  Those workers clearly didn't want to talk about it.  They were scared for their jobs, but there's no reason we couldn't do as you say and look into this without involving the workers.  I'm going to call my union pal and see what he says. 

    I have a feeling they're either being paid under the table or are misclassified as independent contractors.  I doubt their check stubs list 79 1/2 hours straight time, since the company has to know they're supposed to pay overtime over 40 hours.

    We shall see what we shall see.  (Thanks)


    You can go on state website today and get info about licensing, business type, owners, etc.  This may be good to have before talking to union contact.

    Hope you keep us posted.  Again, if I can be of assistance, just let me know.  smiley


    Will do.  Thanks again.


    Those workers clearly didn't want to talk about it. 

    Or couldn't?

    Ask them ¿usted habla español?

    In my region, a contractor would usually have a foreman, who could speak both languages and the rest were from across the border.

    Destroying what was left of the Unions and labor rights in our area.

    If you spoke up, about individual contractors practices, you were blackballed by their business roundtable members.  

    How To Fight Back Against A Bully Boss --- Workplace Justice Project

    Almost every business in the USA is running “mean & lean.” The very reason many companies refuse to hire is because they intend to continue to “get more with less,” according to Goggle published news. This drives up records profits and managers bonuses


    Ramona, I need a favor.

    I am working on a Groundhog Day rewrite but I wish to do a new Lincoln rewrite later on the appropriate date.

    And I cannot find my blog on Lincoln that I gave you years ago.

    You duly printed it and kept it on your blog for months.

    I am at [email protected].

    I really would appreciate a link!

    Thank you.


    Oh, Dick, I've looked all over for it and it looks like I didn't save it.  I'm so sorry!

    I think I put it on my sidebar by copying and pasting it from your work, and when I removed it, it wasn't saved anywhere else. Are you sure it's not in your archives on dagblog?  All of your posts should be there.  (I looked under "Richard Day" but didn't find it, but didn't you post under another name for a time?  It might be there somewhere.  Hope so.)

     


    You know, you are a sweetheart.

    Sorry I made you look.

    But, I am still grateful.

    The piece is sitting there somewhere and I have 13 days to look for it. Probably I am looking for the wrong date.

    Mike did a fantastic job. Even Arthur is still there so I just cannot figure out the date!

    I will find it.

    Thank you for looking.

    I do know this. No one ever saved my stuff and then kept it on the front page of their blog ever for a period of time-except for you.

    Be well!

     


    I see your comments, I type "Groundhog Day" in the little Google search box that Genghis has implanted on the upper right of this site, and I get this as the first return:

    http://dagblog.com/reader-blogs/groundhog-day-12947

    Edit to add: oops I see you are looking for an older Lincoln, my bad. You should try keywords you can remember from the piece, and "Dickday" if that's the name you used, both on this site's google search and on regular google of the whole innner tuibes (if it seems gone from the storage here at Dag.)

    On regular google, I do sometimes find stuff from TPMCafe that is still floating around on the internet too; It is not all there but some of it is still out there somehow in bits and pieces, it is strange what comes up.

     


    You know what?

    This message was nice of you.

    Thank you!

    I will play this search.

    I have 13 days.

    Thank you.


    Dick I typed in dick day taney dagblog

    Latest Comments | dagblog

    LINCOLN'S BIRTHDAY & REVISIONISM | dagblog

    Does this help ?


    Thank you Resistance. 

    That is not it but you give me ideas!

    Thank you.


    I found it! 

    May of 2009?

    Why? hahahahahahah

    Still a damn good essay and I shall prep it for Lincoln's Birthday.

    THE END


    Woo Hoo!!  I'm so glad!  It was my pleasure to keep your post on my front page for so long.  Just wish I had saved it so you wouldn't have had to go on such a hunt for it.

    Looking forward to seeing the new post.


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