NCL Hosts Historic Conference on Landmark Supreme Court Case – National Consumers League

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By Sally Greenberg, NCL Executive Director

Last month, at Georgetown University Law Center in Washington, DC, the National Consumers League (NCL) hosted a historic gathering of labor leaders, labor historians and gender discrimination lawyers to debate the 100th Anniversary of a landmark Supreme Court Case, Muller v. Oregon, which set a 10 hour workday for women in the state of Oregon. Decided by the Court in 1908, the great Louis Brandeis, 8 years before he ascended to the Supreme Court himself, argued Muller at the urging of Florence Kelley, general secretary of the League, and her right hand, Josephine Goldmark, who also happened to be Brandeis’ sister-in-law. They say his argument was so brilliant that the Justices didn’t interrupt him once – very unusual for the Supreme Court – and decided the case unanimously.

The case involves Portland laundry owner Curt Muller, who in violation of Oregon law required one of his female laundry employees to stay at work beyond 10 hours. She objected. The Oregon courts supported her, upholding the state’s 10 hour workday, and Muller appealed to the Supreme Court. Which raises the question, why did the NCL support hours regulations for women only? Because three years earlier the U.S. Supreme Court had struck down a New York law regulating the hours men could work. Kelley and Goldmark determined that the choice was either getting the Court to uphold a law regulating hours for women only or getting no law at all. They considered Muller to be an “entering wedge” – if laws regulating hours for women were adopted, soon those rules would apply to all workers. They were right, the entering wedge strategy worked, and in the next decade hours regulations for men were upheld by the court.

The Muller case contributed something else invaluable to social reformers. The brief that Kelley and Goldmark wrote with Brandeis didn’t use law to persuade the Court – instead, it contained reams of social evidence gathered from England and other industrial countries about the evils of 15, 16, or 17 hour work days on women, on their children, their families, their health, and their communities. This style of brief – long on social documentation but short on law – is called a “Brandeis Brief.” And when Thurgood Marshall argued Brown v. Board of Education before the Supreme Court, he and his team of lawyers submitted a Brandeis Brief.

At the conference NCL hosted, labor leaders talked about Muller’s place in history and the problem today of Americans working long hours, often two jobs, to make ends meet. Gender discrimination lawyers talked about Muller’s appeal to sexist stereotypes about women in the workplace and the specific cases in which subsequent court decisions relied on Muller to discrimination against women. A board member of the NLRB cited the need for overhauling our labor laws, which haven’t been updated or upgraded in decades. Other panelists talked about the need for passage of the Employee Free Choice Act, which will restore the rights of workers join unions free from intimidation by employers. According to workplace surveys conducted by professors Richard Freeman of Harvard University and Joel Rogers of the University of Wisconsin, 42 million employees who are not represented by a union would like to have representation at work, but under the National Labor Relations Board election process, management has almost unlimited and mandatory access to employees, while union supporters have almost none. According to a survey of 400 NLRB election campaigns in 1998 and 1999, 36 percent of workers who vote against union representation explain their vote as a response to employer pressure. The problem of “wage theft” workers toiling long hours without getting their due compensation continues today.

Though Muller remains controversial today, we come down on the side of the historians, who argued at the conference that Muller did far more good than harm. It was all the women of the NCL had – get hours regulated for women or get nothing for any workers. And they picked a brilliant lawyer whose record of winning cases before the Court was impeccable. Finally, in their work on behalf of workers, Kelley, Goldmark, and other NCL leaders fought not just for white women and men– they fought for the lowest paid workers as well, black women and black men, whom the unions were not interested in representing at the time. That should be a source of pride for all who support the NCL today. The legacy of Muller lives on today in the struggles that working families face as they try to earn a living wage.

Save the planet! (And some money) – National Consumers League

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July 1, 2008

Contact: 202-835-3323, media@nclnet.org

Washington, DC – Global warming is a major challenge, but consumers can take simple steps to be a good global citizen, help protect the planet, and save money in the process. This month, the National Consumers League is helping consumers adopt environmentally-friendly practices that are also friendly to their wallets in NCL’s “2008 Consumer Calendar: Do We Have Tips for You!”

NCL offers a list of tips for going green, such as:

  • Tune up. Keep your call well-tuned and your tires properly inflated to get better gas mileage and cut pollution.
  • Switch to energy-saving compact fluorescent light bulbs, which last longer.
  • Turn off the TV and other appliances when you’re not using them. Use appliances’ — like computers’ — energy-saving modes.

The nation’s oldest consumer advocacy organization, NCL works to educate people about how to make wise decisions in today’s marketplace. Each month, NCL’s Web site, www.nclnet.org, will feature the calendar and tips for the month. Covering a range of subjects from medication safety, to avoiding scams, the tips are sponsored by major companies, government agencies, and organizations. The July tips about global warming were sponsored by Microsoft.

The print version of the calendar was distributed to consumers free of charge through agencies and organizations around the country. There are no printed copies of the calendar remaining.

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About the National Consumers League
Founded in 1899, the National Consumers League is America’s pioneer consumer organization. Its mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. NCL is a private, nonprofit membership organization. For more information, visit www.nclnet.org.

Going Away? Better Pack Lightly – National Consumers League

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Planning a vacation over these next few warm months?Why not! The kids are home, the office is slow, you can afford a few days away, can’t you?

Well, maybe not…

Some airlines, American Airlines most recently, are starting to charge passengers taking domestic flights fees for their first piece of checked luggage, and even higher ones for their second piece of checked luggage. That’s assuming your luggage is within the weight limit restrictions; going over that will result in more charges.

There are ways to minimize your luggage weight, and not every airline has adapted these new baggage regulations, at least not just yet anyway. For a how-to on packing more efficiently and saving cash for the actual vacation, CNN offers tips for *Packing smart for flights this summer, featuring advice from a couple of flight attendants on what not to pack, and what to pack compactly.

 

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

Event celebrates 100-year landmark case laying groundwork for workplace protections – National Consumers League

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June 24, 2008

Contact: 202-835-3323, media@nclnet.org

Washington, DC—The National Consumers League will host a historic gathering of feminist scholars of the Progressive Era, labor activists, and leading gender discrimination lawyers at Georgetown Law Center in Washington, DC on June 25, 2008. The League, the nation’s oldest consumer organization, will mark the 100th Anniversary of Muller vs. Oregon, the first Supreme Court decision to uphold limits on the hours women workers could be forced to toil in factories and laundries. The experts gathered will also discuss the priority issues for labor and working families as Americans look toward new leadership in the White House.

Early leaders of the NCL worked in 1908 with then-attorney Louis Brandeis to write a successful brief in Muller to the Supreme Court. The brief was filled with data on the ill-effects of a 16- and 17-hour workday on women, their families, and their communities. The Muller brief was the first “Brandeis Brief,” a document that uses social evidence instead of law to make the case for legal reforms.

The event is the first time historians, lawyers, and labor leaders will come together to debate and discuss the effects of Muller on workplace regulations for women and ultimately all workers. Muller set the stage for the minimum wage laws and ultimately the landmark Fair Labor Standards Act, but was used in subsequent years by the courts to justify restricting women’s access to certain jobs.

Speakers at the conference include California Congresswoman Linda Sánchez, co-founder and chair of the Working Families Coalition in the House, Joslyn Williams, head of Metropolitan Washington, DC AFL-CIO, National Labor Relations Board member Wilma Liebman, Ann Brown, former Chairman of the U.S. Consumer Product Safety Commission, Mary Beth Maxwell, Executive Director of American Rights at Work and others. Event co-sponsors include Bernstein & Lipsett, AFL-CIO, UDC David A. Clarke School of Law, Alliance for Justice, United Food and Commercial Workers, and others.

The conference is free and open to the public. Online registration has closed. Please call Dana Brunson at (202) 835-3323 for more information or to secure your space at the conference.

WHAT: Muller v. Oregon Centennial Conference

Hosted by the National Consumers League

WHO: Academics, labor professionals, consumer and worker activists, students, and legal professionals are invited to attend this free one-day conference.

WHEN: June 25, 2008. Doors open at 8:15 am. Event runs from 9:15 am to 4:30 pm.

12:45 Keynote lunch Speaker: Rep. Linda Sánchez (D-CA)

WHERE: Georgetown University Law Center, McDonough Hall, Hart Auditorium

600 New Jersey Avenue, NW, Washington, DC 20001

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About the National Consumers League

Founded in 1899, the National Consumers League is America’s pioneer consumer organization. Its mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. NCL is a private, nonprofit membership organization. For more information, visit www.nclnet.org.

Young Adults Going Without Health Coverage – National Consumers League

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by Rebecca Burkholder, NCL VP for Health Policy

Young adults are the largest and fastest growing segment of the U.S. population without health insurance, according to a *report recently issued by the Commonwealth Fund. Many young people are dropped from their parents’ policies or public programs when they turn 19. The Commonwealth Fund found that working young adults are much less likely than older adults to have access to health insurance through their employees (53 percent of 19-29 year olds compared to 74 percent of 30 – 64 year olds). Some states are addressing the problem; 20 have passed legislation requiring insurers to extend coverage for young adults up to the age of 24.

The lack of health coverage for young adults is just one more indication that our health care system is broken. For more than 60 years, NCL has advocated for comprehensive health coverage for all Americans. We now join many other groups and coalitions in calling for a national health plan. NCL’s LifeSmarts program can play a valuable role in raising awareness and educating those young adults who may soon face loss of health coverage. Through education, and national, state and local efforts, we can move closer to ensuring that all American have access to quality health care, no matter what their age.

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

Don’t buy anything for the 2009 digital TV transition until you read this! – National Consumers League

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Congress has required that full-power broadcast stations transmit only digital signals on February 17, 2009, and in some instances consumers may end up wasting money due to confusion or misinformation.

You may have heard about the upcoming digital transition and wondered whether it affects you and what you need to do to prepare for it. Staff at the National Consumers League recently conducted an informal survey of Washington area retailers and found that many employees at the stores that sell digital converter boxes aren’t telling the whole story to consumers.

The employees we talked to, posing as consumers asking questions about the transition, got some of the most basic information correct: consumers with cable or satellite services will not be affected by the DTV transition. So if you pay for your TV programming and will continue to do so, don’t worry, and don’t buy anything new.

However, every employee that we talked to in our experiment failed to mention that many TVs out there already have digital tuners built-in, and those will not require a converter box. It is not easy to tell if a TV is analog or digital other than checking the owner’s manual.  One indicator that a TV is receiving digital signals – and is thus a digital TV – is that bad reception results in pixilation rather than a “snow storm.” Most TVs manufactured before 2004, and some manufactured after that year, are analog and will require the converter equipment. You should check your owner’s manual or look up your TV model online to see if it already has a digital tuner or is an analog TV.

While researching the issue, we came across some information worth sharing:

  • Be wary of retailer employees trying to tell you that you “need” to buy a whole new TV for the transition. This is not necessary, and if you get a government $40 coupon online you should only have to pay $10 or $20 for a converter box.

Using a coupon mentioned in the last tip can be tricky. Here’s why:

  • You should order one early! It can take 3-4 weeks or even longer to receive a coupon after you request one. Also, it is projected that by August 2008 the coupons will run out unless something is done to make more available.
  • But not too early!! Many retailers don’t have the converter boxes in stock, and the coupons expire 90 days after they’re mailed, so make sure that you identify a retailer that has them in stock.
  • If you are going to get a converter box, consider getting one with analog pass-through. These will allow your TV to pick up both analogue and digital broadcasts. Some low-power stations will continue to broadcast in analogue after February 17, 2009. It might also be useful if you are near a border and receive broadcasts from Canada or Mexico. Broadcasters in these countries are not required to switch to digital, and may not do so for some time.

Bad advice from retailers on DTV conversion could cost consumers millions – National Consumers League

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June 17, 2008

Contact: 202-835-3323, media@nclnet.org

Washington, DC—Consumers aren’t getting accurate information from retailers about converting their televisions from analog to digital (DTV conversion), and that will cost them dearly, according to the National Consumers League (NCL). In the past week, NCL staff conducted an informal survey of Washington, DC-area major television retailers to test whether consumers inquiring about the DTV conversion were being given the right advice.

“We are just months away from the transition to digital television, and the fact that consumers whose screens will go blank come February 17, 2009 aren’t being given accurate information is frankly shocking,” said NCL Executive Director Sally Greenberg.

Over the past week, NCL staffers called or made in-person visits to seven1 major TV retailers in the Washington, DC area to inquire about the DTV transition, how to prepare for it, and whether they need converter boxes. While the boxes cost around $50 – $60 retail, the federal government is providing two free coupons for each household, worth $40 each, for use toward the purchase of up to two digital-to-analog converter boxes. Retailers are supposed to tell customers about the coupon and encourage them to apply before the consumer invests in the full cost of the box, which could save up to $80.00 per household. But NCL found that some stores’ employees failed to mention the TV Converter Box Coupon Program run by the federal government.

Adding insult to injury, the salespeople also told NCL staff that all consumers who don’t subscribe to a paid television service (cable or satellite) would require the converter box equipment; this is wrong. Most late-model televisions, particularly those manufactured since 2004, are likely to be digital and do not require the converters. In one case, an employee said that any television that does not have a flat screen will require the box, another glaring inaccuracy.

“We are particularly concerned about elderly, low-income, and non-native English speakers,” Greenberg said. “They may be more likely to have older TVs that use only an analog signal, and they desperately need the savings these coupons provide. Our survey suggests they won’t get these savings unless retailers do a far better job of training their sales staff.”

Greenberg also noted, “Even consumers who are aware of the transition and do their homework about what questions to ask the retailers may be getting information that is inaccurate, and that could cost them a bundle.”

NCL is asking retailers to go back to the drawing board, to set up rigorous training for all of their sales force, and to include training protocols for any new hires that are selling televisions and TV equipment. The sales staff should provide the following information to consumers:

  • If you have cable or satellite, you don’t need a converter box.
  • If you have a television manufactured after 2004, you very likely don’t need a converter box, but check the television and/or manual to be sure that you have a digital tuner.  Some televisions manufactured before 2004 have digital tuners, but not very many.
  • Flat screen televisions and high definition monitors may be analog so consult your manual or the TV itself
  • If you do need a converter box, you can apply for two $40 coupons per household at www.DTV.gov. Converter boxes typically cost from $50 to $60 so it pays to apply for the coupon, which you can do online, by mail, by phone or by fax. Your coupon should arrive within two weeks, and they expire 90 days after they are mailed.

1 Radio Shack, Wal-Mart, Best Buy, Target, Circuit City, Kmart, Sears

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About the National Consumers League
Founded in 1899, the National Consumers League is America’s pioneer consumer organization. Its mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. NCL is a private, nonprofit membership organization. For more information, visit www.nclnet.org.

World Day Against Child Labor – National Consumers League

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By Paula Osborn, NCL Public Policy Intern

Paula is a child labor public policy intern at the National Consumers League. She’s from Albuquerque, New Mexico and, this fall, will begin her senior at Johns Hopkins University, where she’s studying Psychological and Brain Sciences, with a minor in Spanish for the Professions and a pre-law concentration.

My mother always used to tell me to clean my plate at dinnertime because there were starving children in China who would love to have the food I had in front of me. Last week, I learned that mothers should also be telling their kids to go to appreciate being able to go to school every day because there are 72 million children all over the world who would love to be in their place.

Last week, child labor advocates honored World Day Against Child Labor with a panel discussion to address this year’s theme: Education – The Right Response to Child Labor. A dozen panelists elaborated on education being the key to poverty reduction, attaining social justice, and enhancing skills for productivity and economic growth. Panelists argued that ensuring basic education for all is the most direct and cost-effective way of eliminating child labor and, in turn, the elimination of child labor is a prerequisite for any country’s fast economic development.

An excerpt from “*Rescuing Emmanuel,” a film by Len Morris, showed street children from Nairobi exclaiming their desire to go to school, a luxury they were not afforded. Millions of children living on the streets have the same dream. To learn more, visit the International Labour Organization.

A few months ago, I was looking for possible internships for the summer, when I came across the National Consumers League, which needed a Child Labor Policy Intern for its Child Labor Coalition for the summer. I was immediately intrigued; I am very interested in protecting human rights, especially children because they cannot help themselves. At Johns Hopkins, my focus is child labor in Latin America and the United States, especially focusing on child labor in agriculture.

In my first few weeks at NCL, I have been—and will continue to—going to many conferences, events, and panel discussions on child labor-related issues, which I will be relaying back to you through my blogs. Stay tuned!

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

An Intern’s Insight: Introducing Tara Moore – National Consumers League

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By: Tara Moore, Communications Intern

Tara is interning this summer at NCL’s Communications Department. This fall, she will begin her junior year as a Magazine Journalism and Political Science major at Temple University’s School of Communications and Theater in Philadelphia, Pa.

Two months ago I received an acceptance letter from the Institute on Political Journalism at Georgetown University with *The Fund for American Studies for this summer. I was very pleased to learn that through this prestigious program, I’d be interning either on Capitol Hill for the summer or at an advocacy group somewhere in the DC area as well as taking two Georgetown courses: Ethical Perspectives in the Media, and Economics in Public Policy.

At the beginning of May, I received even more great news about the National Consumers League’s interest in my resume as a possible intern for this summer.After a pleasant phone interview with the Communications Department, I started to think about how this position would benefit me and now that I’m here, I cannot think of anything that I won’t gain from this experience!

I mean truly we all need some knowledge on how to be a savvy consumer.

NCL has a clear mission, to protect and promote social and economic justice for consumers and workers in the U.S. and abroad, that can easily be seen in the consumer education projects the League is constantly working on: its work on Mortgage education, teen financial and consumer literacy, and even information about traveling sales jobs. This summer I’ll be working with the Communications Department, helping out with their efforts to spread the word about all the activities NCL is involved in, so you’ll be hearing more from me later!

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

Acupuncture, Anyone? – National Consumers League

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By Ria Eapen, Health Policy Associate

Many consumers rely upon conventional medicine to treat various ailments. However, others use complementary and alternative medicine, such as therapies like acupuncture and homeopathy and products like dietary supplements and herbs.

Curious?

Feel free to check out the federal government’s agency known as the National Center for Complementary and Alternative Medicine, or NCCAM. This agency is 1 of 27 institutes and centers that make up the National Institutes of Health (NIH) within the U.S. Department of Health and Human Services.

If you would like to learn more about CAM, including some tips on how to discuss your options with your physician, please visit: *https://nccam.nih.gov/timetotalk/forpatients.htm.

How about you, what’s your preferred method of treatment?

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.