Child Labor Coalition lauds Wage and Hour’s Child Labor Enforcement Strategies that includes creating a fund for victims and use of “hot goods” provisions

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March 27, 2024

Media contact: National Consumers League – Reid Maki, reidm@nclnet.org, (202) 207-2820

Washington, DC – The Child Labor Coalition (CLC), representing 37 groups engaged in the fight against domestic and global child labor, expresses support for the innovative enforcement strategies in this week’s enforcement action by the Wage and Hour Division of the U.S. Department of Labor (DOL). The action, announced March 25th, involved fines of $296,951 for a Tennessee parts manufacturer, Tuff Torq, and required the company to set aside $1.5 million as “disgorgement” of 30 days’ profit related to the company’s use of child labor. Disgorgement is a legal term for remedy requiring a party that profits from illegal activity to give up any profits that result from that activity.

Tuff Torq, which makes components for outdoor, power-equipment brands such as John Deere, Toro, and Yamaha, illegally employed 10 children, including a 14-year-old, for work that was hazardous—an identified task involved permitting a child to operate a power-driven-hoisting apparatus, which is a prohibited occupational task.

The Department employed several new or recent strategies in the case, including employing the Fair Labor Standards Act’s “hot goods” provision, which was used to stop the shipment of goods made with oppressive child labor.

“The use of the ‘hot goods’ enforcement tool is also an important new strategy, which Wage and Hour announced it would use last year,” said Reid Maki, director of Child Labor Advocacy for the National Consumers League (NCL) and the CLC. “It’s another critical tool in DOL’s arsenal. Once companies realize that the shipment of goods has been stopped, they feel an immediate impact of the violation.”

“This is the first use of victim’s fund that we have noticed in a child labor enforcement action,” added Maki. “Teens employed in factory settings are often unaccompanied minors and typically very impoverished. When enforcement agents find teens working illegally, they are dismissed with no resources to survive, move forward, and reassemble their lives. A victim’s fund is something the CLC and the Campaign to End US Child Labor – the CLC is a founding member – has touted as desperately needed.”

A third innovation involves how DOL calculates child labor fines. DOL recently announced it planned to change formulas for calculating fines, which previously had been capped at $15,000 per child involved in violations at a specific work site. The new strategy involves applying the maximum fines for each violation, not limited to the number of children involved.

“It’s clear they have used the new formula in the Tuff Torq fines,” said Maki. “Fines levels came in at an average of $30,000 per child—almost double what we would have seen under the old formula. With Congress unable, at this point, to pass into law any of several bills that would increase fines by a factor of ten, DOL’s creativity here is most welcome. Fines must be raised to inflict some real pain on corporate perpetrators. We’re not where we want to be yet, but it’s good to inch closer.”

“Wage and Hour also deserves praise for directing its enforcement action at Tuff Torq,” noted Maki. “In the past, corporations that benefited from child labor have often not been held accountable, as they blamed staffing agencies for illegal hires. Holding beneficiaries accountable is something DOL said it would do when it announced its meatpacking investigation results in February 2023—it’s great to see it happening.”

The Wage and Hour Division faces a big challenge in that its inspectorate, estimated at below 750 inspectors, is too small for a country the size of the U.S. The CLC has called for a doubling of the inspectorate over the next five years and is working to help increase congressional appropriations for that purpose.

Wage and Hour has noted a sharp increase in child labor in recent years, having found 5,792 minors working in violation of child labor laws. The Economic Policy Institute indicates the increase in violations is 300 percent since 2015.

“We are especially troubled by the prevalence of children in hazardous work,” said CLC Chair Sally Greenberg, who is also the CEO of the National Consumers League. “Far too many children are working illegally in meatpacking, auto supply factories, and other hazardous work sites. The U.S. can and must do more to protect these vulnerable children.”

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

Child Labor Coalition welcomes the Senate Introduction of the Children’s Act for Responsible Employment and Farm Safety Act of 2024 (CARE Act)

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March 25, 2024

Media contact: National Consumers League – Reid Maki, reidm@nclnet.org, (202) 207-2820

Washington, DC – With the beginning of Farmworker Awareness Week today, the Child Labor Coalition (CLC), representing 37 groups engaged in the fight against domestic and global child labor, applauds Senator Ben Ray Luján (D-NM) and for introducing the Children’s Act for Responsible Employment and Farm Safety (CARE). The legislation, introduced on March 21, would close long-standing loopholes that permit children in agriculture to work for wages when they are only 12 and 13—younger than other teens can work. The bill would also ban jobs on farms labeled “hazardous” by the U.S. Department of Labor if workers are under the age of 18. Current U.S. law allows children to perform hazardous work at age 16.

“With their whole future ahead of them, our country must do better protecting children working in the agriculture industry,” said Senator Luján. “Across the country, thousands of children are working under hazardous conditions in the agriculture sector, risking their health and education. I’m introducing the CARE Act to raise the floor and bring our agricultural labor lines in with other industries to better protect children and improve the working conditions they operate in.”

“It’s amazing to us that discriminatory loopholes, which allow very young kids to work 70- and 80-hours a week, performing back-breaking labor on farms, have been allowed to exist since the 1930s,” said Reid Maki, Director of Child Labor Advocacy for the National Consumers League and the Child Labor Coalition. “The impact of the exemptions on farmworker children educationally is harmful and their health is at significant risk on farms.”

“We’re grateful for Senator Luján’s tremendous leadership on this issue.” said the CLC’s Chair Sally Greenberg, also the CEO of the National Consumers League. “It’s been 22 years since we’ve had a Senate bill that would fix our weak child labor laws that discriminate against farmworker children and leave them unprotected from farm dangers. This day was long overdue. We applaud Senator Lujan for taking action to protect child farmworkers.

“Growing up as a migrant farmworker child, I saw first-hand the detrimental consequences of our inequitable child labor laws,” says Norma Flores López, Chair of the Child Labor Coalition’s Domestic Issues Committee. “Working 70 hours a week, performing back-breaking work did not prepare me for a career in agriculture. Rather, it robbed me of my childhood and my health. Working children must be protected from dangerous work that is not age-appropriate, and the CARE Act provides this critical change in our labor laws.”

In the House, Rep. Raul Ruiz introduced a version of the CARE Act, H.R. 4046, earlier in the congressional session; it has 45 cosponsors.

The Senate bill, which does not have a number yet, has been endorsed by 46 organizations, including the AFL-CIO, the Economic Policy Institute, the UFW, Farmworker Justice, the National Education Association, the American Federation of Teachers, and the National Farm Medicine Center. The House version has been endorsed by 200 national, regional, and state-based organizations, noted Maki.

“The US will not fix the country’s child labor problem until Congress provides children working in agriculture with the same protections as all other working children. Congress should pass this bill without delay to protect children from dangerous work that harms their health and development,” said Jo Becker, children’s rights advocacy director, Human Rights Watch.

In addition to raising the minimum age at which children could work in agriculture, CARE would significantly increase minimum fines for employers who violate agricultural child labor laws; the bill would also establish minimum fines for the first time. The legislation would also codify a ban on children applying pesticides and increase data collection and analysis of child farmworker injuries.

The children of farm owners working on their parents’ farms would not be covered by the protections of the CARE Act—this aligns with the wishes of organized farmer groups.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

National Consumers League condemns legislation in Florida that preempts local ordinances to protect workers from heat exposure

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March 15, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League is condemning a vote by the Florida House of Representatives to approve legislation that will upend Miami-Dade’s proposed local workplace standards requiring drinking water, cooling measures, recovery periods, posting or distributing materials informing workers how to protect themselves, and requiring first aid or emergency responses. The Florida Senate approved the measure yesterday.

This measure rushed through the state legislature ahead of adjournment on Friday, March 8th and will prevent local governments throughout Florida from requiring water, shade breaks or training so workers can protect themselves from heat illness, injury, and fatality.

Reid Maki, director of child labor advocacy for the Child Labor Coalition under the National Consumers League, made this statement:

“Not only is the Florida legislature usurping the duty of local government to protect workers from heat stress in one of the hottest states in America, but by denying workers access to water and protection this Dickensian measure ignores the reality of heat and heatstroke among Florida’s workers. Indeed, hundreds of workers die across the U.S. from heat exposure each year. The legislation also forbids the posting of educational materials to help workers protect themselves from the heat.

NCL has throughout its history worked to eradicate child labor and abusive labor practices, including protecting children in America working in the fields from exposure to heat, dangerous chemicals, and long hours. U.S. law allows children to work at younger ages in the agricultural sector despite its significantly increased danger. It also allows teens to do work known to be dangerous at younger ages—16 versus 18. NCL works to close both of those loopholes and protect children from agricultural dangers and exploitation. These vulnerable teen workers in agriculture are at great risk from heat exposure.

NCL is urging Governor Ron DeSantis to veto this legislation. NCL also urges the United States Congress to enact the Asuncíon Valdivia Heat Illness, Injury and Fatality Prevention Act, which would direct the Occupational Safety and Health Administration to adopt interim heat standards, while the agency continues its years-long slog of adopting a final heat protection rule. NCL is a member of the national Heat Stress Network, which works to protect outdoor works from heat dangers.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

The return of Striketober and why consumers should care

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By Eden Iscil, Public Policy Manager

The National Consumers League has a long history of fighting for both consumers and workers alike. Founded 124 years ago, NCL’s first major policy accomplishments included the establishment of minimum wage laws and protections around child labor. In support of these goals, much of the League’s early years were centered around consumer boycotts of companies that treated their employees unfairly.

Today, NCL’s support of workers’ rights remains just as critical as we find ourselves in another October with truly historic labor action. Two years after “Striketober,” 75,000 healthcare workers at Kaiser Permanente walked off the job in the largest healthcare strike in history largely due to low pay and understaffing. At the same time, 160,000 actors belonging to SAG-AFTRA and 25,000 members of the United Auto Workers continue to strike. The Writers Guild of America recently secured significant gains after a months-long writers’ stoppage, and UPS agreed to better contracts for drivers after 340,000 Teamsters threatened to withhold their labor.

Beyond the benefits for all workers that the presence of strong unions provides, it’s also in consumers’ self-interest to support workers agitating for better employment terms. As consumers, we rely on these employees to safely fly passengers across the country, provide critical healthcare services, and raise the alarm over unsafe food production. In addition to the harm that results from jeopardizing workers’ safety, poor working conditions can lead to indefinite closures, potentially reducing the amount of product on the shelves. In all of these cases, unions help consumers by advocating for adequate staffing levels to prevent worker burnout, securing healthy workplace environments, and ensuring robust whistle-blower protections.

Even for less perilous industries (i.e. not flying a plane or driving a truck), consumers should support workers fighting for better employment conditions if only to safeguard the continuation of their favorite products. The arts—including television, movies, and music—provide invaluable comfort and entertainment, in addition to awakening us to new perspectives, ideas, and values. Despite consumers’ intense love for these forms of entertainment, writers, actors, and musicians continue to struggle in their fields for fair compensation, something that can threaten (or at the very least, doesn’t promote) the future creation of high-quality art.

Industry has always threatened to raise prices if they are forced to pay their employees more. Consumers should understand that this is a choice corporate executives can make—but it is not the only possible outcome. Rather than price gouging consumers, companies can reduce executive compensation to offset the costs of fair wages. General Motors, one of the targets of the UAW strike, pays its CEO 362 times what it pays its median worker. Starbucks, a company infamous for its illegal union-busting, paid its former CEO nearly 1,400 times what it paid its median employee in 2022.

For this year’s resurgence of Striketober, consumers should do their part in supporting workers. Try purchasing union-made goods, shopping at worker-owned cooperatives (a directory of local co-ops can be found here while a list of large chains is viewable here), and supporting non-profit news organizations.

Guest Blog: The FABRIC act will address garment industry workplace concerns

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By Rebecca Ballard

Last year the first ever federal fashion bill, The FABRIC Act, was introduced in Congress, and it will be reintroduced this September. However, the intersection between labor rights, legislation, and the garment industry is far from new. The industry has been tied to labor abuses since before our country’s founding; it was cotton that enabled the United States to reach global economic prominence, and issues with forced labor in fashion continue to this day. And it is not just labor concerns linked to fashion, but key labor achievements as well. Many of the labor laws that govern our lives and workplaces took root in the garment industry.

As a guest blogger for NCL and a longtime partner with the organization, I am excited to briefly share the fascinating history linking the garment industry and labor movements, some of the present-day issues in the industry, and even an opportunity to advocate for change this year.

The Industrial Revolution and the U.S. Fashion Industry

The industrial revolution gave rise to the fashion industry as we know it today, bringing innovation and affordable mass-produced items as well as widespread workplace labor abuses, sweatshop conditions, and pollution. In fact, the beginning of the U.S. industrial revolution is often cited as the opening of a textile mill in Pawtucket, Rhode Island, in 1793. During the Industrial Revolution we saw women, including recent immigrants, and children take jobs in textile mills to supplement family income. Many of these workers were exploited, toiling sometimes for 16 hours a day during high demand periods, for a subsistence income; all too often they were subject to wage theft.

But through this work, many women garment workers also achieved a measure of independence, leaving homes and families, and some used that newfound independence to join social activist movements and advocate for improved labor conditions. Female workers in Lowell, Massachusetts, for example, formed America’s first women’s union in the 1830s, which focused on maximum hours laws, including a 10 hour work day and higher wages, and they conducted one of the first major labor strikes in this nation’s history. Workers in New York’s sweatshops were victims of harassment, wage theft, and terrible conditions, and the International Ladies Garment Workers Union and Amalgamated Clothing Workers of America unions formed to demand labor reforms there in the early 1900s.

The Triangle Shirtwaist Factory Fire and Subsequent Labor Reforms 

Just as unions were gaining strength, the United States saw a devastating example of the incredible harms that can take place in the garment industry. Near closing time on March 25, 1911, the factory fire that broke out at the Triangle Shirtwaist Factory killed 146 workers, many of whom were immigrant women and girls. The building’s only fire escape building had collapsed during the rescue effort. Machinery and tables crushed workers, while locked doors trapped them, and there were only a few buckets of water to douse the flames. Firefighter ladders were too short to reach the 9th floor and safety nets ripped. The survivors from the 500-plus Triangle Shirtwaist Factory recounted the horrors they witnessed, including their fellow workers leaping to their deaths from the 9th floor rather than being burned alive. Some victims were as young as 14 years old.

In New York state, this tragedy prompted the transformation of the state’s labor and fire codes, thirty-six new state laws, and increased labor funding. The New Deal era under President Franklin Roosevelt saw adoption of similar legislation at the federal level nearly 20 years later with the support of some of these same reformers, like Frances Perkins who witnessed the Triangle Shirtwaist Factory fire herself and later became the Secretary of Labor under President Roosevelt. The Occupational Safety and Health Administration, country-wise fire and safety laws, and the Fair Labor Standards Act could be said to have arisen from laws enacted in New York after the Triangle Shirtwaist Factory fire.

Following the lead of women’s suffrage groups, and often in concert with women’s rights leaders, a number of trade unions formed to support the rights of garment workers. Roosevelt’s New Deal offered legal protection to unions, and through union gains and New Deal programs sweatshop conditions lessened and wages increased. However this brief period of reforms for workers in the US garment industry did not continue when the industry expanded and much of the industry moved abroad.

In addition to labor issues, the modern garment industry continues the environmental degradation that started during the industrial revolution. The industry today is playing a role in climate change and not on track to meet key climate goals and operate within planetary boundaries in its current form. Overproduction as well as over-purchasing are both extreme, and there are presently enough clothes on our planet to clothe six generations of people. Waste is often exported to other countries, hurting local economies and climates through waste colonialism. The industry continues to be powered by coal and uses toxic chemicals that are dangerous for workers, wearers, and our planet. Water usage is also highly problematic. For example, it takes over 2,000 liters of water to make just one t-shirt, around as much as one person drinks in three years. The water used in clothing creation, as well as clothing use, is often filled with microfibers that reach even the depths of our oceans and cause great harm to planetary ecosystems.

California Legislation

Sweatshops reemerged in the 1960s due to a range of forces in the U.S. and abroad: the changing retail industry, the growing global economy, increased contracting, and a large number of immigrant workers in the U.S. In the 1970s, manufacturers began outsourcing production to other countries to lower labor costs and employ a more compliant, non-union worker base. Despite increased consumption and a growing population, the number of U.S.-based garment workers dropped 37 percent, from 1.2 million in 1970 to 760,000 in 1995.

When sweatshops reemerged on U.S. soil they brought with them many horrific practices.  In California in the 1990s, the El Monte sweatshop, was subject to a raid that uncovered workers held behind fences surrounded by razor wire. These modern-day sweatshops exposed brutal conditions, with many tricked into accepting U.S. employment while living in other countries and once here being subject to debt bondage, threats of harm to them or their families, and violations of wage and hour codes. 

The 2021 California’s Garment Worker Protection Act (SB 62) enacted many statewide reforms for the industry in the state with the greatest number of garment workers. This landmark law aims to end wage theft and the payment of less than a minimum wage to garment workers by ending the piece rate of payment and creating liability for contractors for the full amount of unpaid wages and reimbursement of expenses, no matter how many layers of contracting are used. It also aims to enhance workplace safety by having garment workers no longer need to work at unsafe speeds to complete as many items as possible each day to reach a fair rate of pay.

The FABRIC Act

On the federal level, promising reforms include the first federal fashion industry bill, The Fashioning Accountability and Building Real Institution Change (FABRIC) Act, which was introduced in 2022 and will be reintroduced this September. A federal Lobby Day on September 12th is planned in partnership with national worker rights and sustainable fashion NGOs. The FABRIC Act follows in the footsteps of California’s SB62 by eliminating the piece rate and creating joint and several liability for violations of the law.  The FABRIC Act also creates a national garment manufacturing registry and incentivizes domestic production through a $40 million garment manufacturing grant program and reshoring tax credits. Anyone is welcome to be a part of the Lobby Day, and can sign up to volunteer here.

National Consumers League supports the SAG-AFTRA strike

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August 4, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The National Consumers League supports the SAG-AFTRA nationwide strike announced on July 14, 2023 against the Alliance of Motion Picture and Television Producers. After a union wide vote authorized the strike with 97.7% voting yes, more than 150,000 movie, theater, and streaming actors have gone on strike.  AMPTP represents over 350 American television and film production companies, including Paramount Pictures, Sony Pictures, Universal Pictures, Walt Disney Studios, Warner Bros, ABC, CBS, FOX, NBC, Netflix, Apple TV+, and Amazon.

SAG-AFTRA President Fran Drescher has been outspoken about the union’s frustration with the studios and networks.  “The Association of Motion Picture and Television Producers’ (AMPTP) responses to the union’s most important proposals have been insulting and disrespectful of our massive contributions to this industry,” Drescher and chief negotiator Duncan Crabtree-Ireland have said.

The strike started after negotiations with AMPTP failed, despite SAG-AFTRA’s very reasonable demands:

  • Residual payments from streaming services based on viewership numbers
  • Streaming services won’t release statistics on streaming numbers to the union.
  • Protections and restitution for studios using Artificial Intelligence to reproduce an actor’s likeness
  • More regulation on “Self Taped Auditions” in which actors film their own auditions instead of within a casting studio. SAG-AFTRA says this creates an unfair burden being placed on actors
  • Increased contributions to pension, health and welfare funds.
  • Increased pay across the board and a living wage for those who work in the industry.

This strike coincides with the Writers Guild of America’s strike against the AMPTP; NCL also supports that group of writers who are striking. This marks the first time in 63 years that that both of these major unions have been forced to simultaneously go on strike.

The issues facing SAG-AFTRA and the Writers Guild of America are almost identical: workers in this industry have seen their pay slowly diminished by inflation during the last several years, they face a reduction in residuals, less working time for shows, and the threat of artificial intelligence to replace actual writers and editors.

Sally Greenberg, NCL’s CEO, explained the reason for her organization’s support. “We have always been pro worker and this strike is no exception, except that the disparity in pay between industry executives and performers is more shocking than ever. Disney CEO Bob Iger’s board of directors handed him a two-year $27-million-per-year contract extension the day before the vote. Other studio executives make many millions as well, and yet they expect performers and writers in the industry – whose creativity is responsible for the success of these shows – to work for diminishing salaries and reduced benefits such that many cannot earn a living wage. The AMPTP refuses to even consider ideas like a plan for actors to participate in streaming revenue, for example.”

NCL also recognizes the strong solidarity that these striking performers have shown. For weeks, hundreds have kept the picket lines active at major AMPTP locations. Several major Hollywood SAG-AFTRA members have given generous donations in the millions to support striking performers who may not be able to afford rent or food due being shut out of their occupation by the AMPTP. Some of these individuals include Leonardo DiCaprio, Nicole Kidman, Dwayne Johnson, Arnold Schwarzenegger, and Matt Damon.

We also include below the statement of AFL-CIO President Liz Shuler in support of the performers represented by SAG-AFTRA.

AFL-CIO Statement on SAG-AFTRA

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

National Consumers League applauds the U.S. Department of Labor’s recent lawsuit against employers that require mandatory arbitration

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April 5, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The National Consumers League (NCL) welcomes a lawsuit filed in federal court last month by the Department of Labor (DOL) challenging mandatory arbitration clauses that illegally require employees to repay earned wages if the employee does not work for the employers for specific periods of time. The defendant in the suit is Advanced Care Staffing (ACS), a Brooklyn, New York healthcare staffing provider that required their employees to repay earned wages if they did not complete three years of employment. If employees tried to leave before the three years were up, ACS mandated employees enter private arbitration and compelled employees to pay for arbitration costs, attorney fees, and future ACS profits—in addition to repaying the wages they had earned. This policy resulted in employees earning below the minimum wage.

“This situation is just one example of the harm caused by the rise of mandatory arbitration clauses. Many employers now insert—or rather, bury –these clauses in the paperwork that employees must accept if they want a job. They prohibit employees from bringing claims before a judge or jury for wage theft, discrimination and other violations of federal law,” said Seema Nanda, DOL’s Solicitor of Labor.

“For many years, NCL has condemned the rise of forced arbitration clauses to rob consumers and workers of access to justice. This is among the most egregious violations of employee rights we have ever seen. Workers’ right to seek alternative employment must not be compromised,” said Sally Greenberg, NCL’s executive director. “Consumers and workers are often forced into an arbitration system where corporations write the rules, and those rules are not understood by consumers and employees.  There is no meaningful judicial review and no ability to appeal bad decisions by arbitrators who get things wrong. We can never permit consumers and workers to be stripped of their right to go to court, which is guaranteed by the U.S. Constitution.”

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL supports FTC efforts to ban non-compete clauses

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January 6, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

WASHINGTON DC. – The National Consumers League (NCL), the nation’s pioneering consumer and worker advocacy organization, applauds the Federal Trade Commission’s (FTC) initiative to ban non-compete clauses. Such provisions prevent employees from taking new jobs in the same industry, violating free-market values and dampening fair competition. 

The following statement is attributable to NCL Chief Executive Officer, Sally Greenberg: 

“Non-compete clauses harm workers by blocking them from seeking better wages and working conditions. They also reduce market competition by barring other businesses from attracting talent and stopping employees from setting up their own shops. The FTC’s proposed ban on non-compete clauses is a significant step towards a more fair and free economy for all.

Allowing the unrestricted movement of labor will benefit consumers in addition to workers and competitive businesses. NCL has long believed that consumers stand to gain when purchasing goods and services provided by a healthy and robust workforce. We look forward to supporting the FTC’s efforts to prohibit non-compete clauses across the country.”

The FTC estimates that once its ban on non-compete clauses goes into effect, workers’ earnings would increase by nearly $300 billion per year, creating new opportunities for approximately 30 million individuals. Furthermore, these unjust clauses harm all incomes groups, with a 2019 report finding that 29% of workplaces offering an average hourly pay under $13.00 were subjecting their employees to a non-compete agreement. 

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit https://nclnet.org.

Dispatches from Durban: May 15-20, 2022

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Reflections on the 5th Global Conference on the elimination of child labour in Durban, South Africa: May 15-20, 2022

Reid Maki is the director of child labor advocacy at the National Consumers League and he coordinates the Child Labor Coalition.

The recently-concluded week-long “5th Global Conference on the Elimination of Child Labour” in Durban, South Africa was convened against the backdrop of the announcement last July of an alarming rise in child labor numbers after two decades of steady and significant declines in global child labor totals.

The global conference, which typically comes about every four years, brought together an estimated 1,000 delegates from foreign governments and small number of representatives of NGOs. It also brought together for the first time at one of the quadrennial child labor conferences dozens of participant youth advocates as well as a number of child labor victims and survivors.

The conference had the difficult mission of righting the ship and trying to reverse the rising child labor numbers, which seem destined to rise further as the COVID pandemic’s impact will continue to be felt for years. Sadly, the pandemic threw 1.6 million children out of school, often for prolonged periods and some of those children entered work and may never return to school.

We would first like to thank the South Africa government for the herculean task of organizing a global conference during a still raging pandemic, all against a backdrop of devastating floods in April that savaged the provinces of KwaZulu-Natal and Easter Cape and killed nearly 500 people, destroyed 4,000 homes and displaced 40,000 people.

As the conference opened, Guy Ryder, the Director General of the International Labour Organization, which helped advise the government of South Africa on the organization of the conference, suggested that the rise in 8 million child laborers from 152 million to 160 million likely represented complacency and a loss of focus by global governments on the child labor problem and must be rectified. He noted increases in child labor impacting children under age 11 and urged delegates to redouble their efforts. “We need to increase our efforts, and pay particular attention to child labor in agriculture,” said Ryder, who added that child labor advocacy is threatened by a “perfect storm” created by COVID’s enduring impact, rising food insecurity, and debt crises that are expected to impact 60 nations in the coming years.

South Africa’s president Cyril Ramamphosa delivered a stirring welcome. He noted that his country’s embrace of child rights is not just a matter of principle. “The assertion of the rights of children was a direct response to the deprivation, discrimination and deliberate neglect that had been visited on the black children of this county by successive colonial apartheid administrations,” said Ramamphosa. “Child labor perpetuate the cycle of poverty, denying young people the education they need to improve their circumstances. It condemns communities to forms of economic activity and labor that limit any prospect of advancement or progress.”

Nobel Peace Prize laureate Kailash Satyarthi noted the particular challenge that the sub-Saharan African region is facing with the highest rates of child labor and one in five children are in child labor.

Satyarthi urged listeners to embrace the idea that every single child can be protected from child labor. “Let us march from exploitation to education,” he urged, calling for children to have a “fair share” of resources. The amount needed to ensure all children have access to needed resources is only $53 billion – not much considering the wealth of many nations, said Satyarthi who also noted that the G7, which is about to meet on June 26th, has never focused attention collectively on child labor. “This needs to change,” he urged.

The conference opened with a pledge by European Union (EU) Commissioner Jutta Urpilainen that the EU will create a new $10 million euro initiative to reduce child labor in agriculture. Child labor must return to the political agenda, she urged.

The six-day conference, attended by 1,0000 delegates in person and an estimated 7,000 online, according to organizers, featured workshops and side events, and included three meetings every other day by separate groups of employers, workers, and governments. Readers can find a conference agenda here with video links to many sessions.

Twenty-four side events focused on many related topics including child labor in supply chains, a decent work agenda, youth-led activism, small-scale mining, livelihoods skills development, African priorities, partnership in Latin America to end child labor, due diligence legislation, data and research needs, labor inspections, artisanal fisheries and aquaculture, and a child-labor-free zone in Ghana. For a complete list and to view specific side events, please go to agenda, scroll each day’s offerings and click links to the videos.

Attendees learned a lot about specific intervention efforts, and the struggles many nations are engaged in, including Malawi, which has recently been hit by two cyclones and where there is a shortage of 50,000 schools – less than half of the children have access to education, said the nation’s Education Minister Agnes Nyalongje. She pleaded for international help, noting that 12 years of sustained aid could create generational change in Malawi and fix its troubled education system.

It’s difficult to summarize the hundreds of hours of content but readers may get a sense from the CLC’s twitter stream which included four to five dozen original tweets at @ChildLaborCLC.

The conference’s concluding “Call to Action” document emphasizes the need for urgent action, because “the consequences of the COVID-19 pandemic, armed conflicts, and food, humanitarian and environmental crises threaten to reverse years of progress against child labour”. The document includes commitments in six different areas:

  • Make decent work a reality for adults and youth above the minimum age for work by accelerating multi-stakeholder efforts to eliminate child labour, with priority given to the worst forms of child labour.
  • End child labour in agriculture.
  • Strengthen the prevention and elimination of child labour, including its worst forms, forced labour, modern slavery and trafficking in persons, and the protection of survivors through data-driven and survivor-informed policy and programmatic responses.
  • Realize children’s right to education and ensuring universal access to free, compulsory, quality, equitable and inclusive education and training.
  • Achieving universal access to social protection.
  • Increasing financing and international cooperation for the elimination of child labour and forced labour.

As is often the case at conferences, many of the side conversations are of great interest. We had many great conversations with Simon Steyne, who recently retired from the International Labour Organization but continues his child labor advocacy. Simon is campaigning to bring about a child-labor-in-agriculture conference in the coming year. With 70 percent of global child labor in agriculture and rising child labor rates, a focus on agriculture at this time is absolutely essential, Steyne argued.

What might have been improved at the conference? It seems that a relatively small number of Civil Society participants were invited to the conference, included few from the Americas and Asia. The pandemic and travel distances certainly impacted in-person attendance. And we know a lot of NGO participants were able to join online. We hope that a broader spectrum of Civil Society is invited to future global child labor conferences. NGO delegates often possess in-the-field, grass roots knowledge lacked by government and employer groups and NGO presence is a key element in the fight to reverse accelerating incidence of child labor.

The Civil Society advocates and experts who were there enhanced the conference greatly, mostly through the two dozen side events. We were delighted to be joined at the conference by CLC members Bank Information Center and GoodWeave, which organized the side event “Child Labour Free Supply Chains: Tackling Root Causes from Maker to Market” — included panelist Thea Lee, the deputy undersecretary for International Affairs at the U.S. Department of Labor, who was ubiquitous at the conference. CLC-member Action Against Child Exploitation (ACE) also presented a side event: “Promoting an Integrated Area-based Approach to the Elimination of Child Labour: A Case of the Child Labour Free Zone in Ghana,” with Yuka Iwatsuki, president of ACE among the panelists.

In addition to thanking our gracious South African hosts and the ILO for its organizing role, the CLC also wishes to express appreciation to our valued partners the Global March Against Child Labour and the Kailash Satyarthi Children’s Foundation for enhancing the conference significantly through organizing side events and bringing the voices of youth advocates to Durban.

Tara Banjara. 17, was among the youth advocates who appeared as a panelist. Tara said she is from a community in India where there are no schools and “no one had an idea about what education is.” She was four and half when she went to work on roads with her mother. They cleaned garbage and rubble out of potholes. The work was exhausting and difficult and went on till she was rescued by Bachpan Bachao Andolan’s Bal Ashram.

Today, Tara is the first girl to complete grade 12 exams in her entire family. She asked attendance participants gathered in Durban and the thousands on line: “Is this our fault that if we are born in a small village, we do not have the right to live our childhood with freedom?” She asked.

“We want freedom. We want the right to education,” Tara said, sharing her dream of becoming a police officer some day and working at the grassroots level to ensure that all children have equal rights and freedom. In one of the conference’s emotional high points, Tara asked attendees to stand and make a pledge: “Let us all pledge to create a world where every child is free from slavery; every child gets an education and an opportunity to fulfill their dreams.”

In memoriam: Karen Ferguson, pension champion

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By Sally Greenberg, NCL Executive Director

America lost a renowned pension advocate and lifelong public interest lawyer recently with the death of Pension Rights Center founder Karen Ferguson.

Karen formed the Center in 1976 and, along with devoted board and staff, led the battle to protect the rights of workers entitled to pensions when their retirement funds were placed in jeopardy. All who knew Karen couldn’t help be moved by her deep intelligence, kindness and passion for pension rights and protections.

Ferguson and I met in 1981 when I was between jobs and awaiting bar results. I cold-called the Pension Rights Center and offered my services as a volunteer; she could not have been nicer to this stranger calling from out of the blue. She welcomed my help and introduced me to her right-hand, Karen Friedman, who became a dear friend. Yin and yang, the two Karens, fondly known as K1 and K2, were a dynamic duo that have shaped federal pension laws and policies for nearly half a century.

I was awed by Karen Ferguson’s brainpower. As a young lawyer, I observed her interactions with staff, policymakers on Capitol Hill, and federal agencies administering pension protections in the complicated but critically important law, Employee Rights Income Security Act (ERISA), adopted in 1974. ERISA was still in its infancy when PRC was launched. The Pension Rights Center and Ferguson were the one place that could be counted on to have the workers’ backs, bringing intellectual heft and a deep understanding of ERISA to any debate. When truckers’ pensions were in jeopardy, the PRC led the fight, spending seven years working the halls of Congress — with support from the AFL-CIO and the International Brotherhood of Teamsters — to secure millions of pensions for workers and retirees under the Butch Lewis Emergency Pension Relief Act.

A graduate of Bryn Mawr College and Harvard Law School, Ferguson was also instrumental in achieving special resources to enable workers to understand and secure their pensions, pushing strongly for the Pension Counseling and Information Program under the Older Americans Act.

Working women, men, and retirees lost a unique voice this week with the sad news of the death of Pension Rights Center founder and champion, Karen Ferguson. RIP, Karen. Your legacy lives on.