You committed to being healthier in 2015. Now what? – National Consumers League

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A new year is upon us and once again the time has come for New Year’s Resolutions. Making goals can be a rewarding or loathsome experience based on your ability to achieve them. By making extreme resolutions you could be setting yourself up for failure. It might not be feasible to exercise every day or never eat another cookie. Instead try making small changes and staying committed to those changes. By devoting yourself to something that doesn’t seem like that big of a change for a whole year, you can make a huge difference in your health.  

Here are a few ideas:

  1. Scale back on portion sizes: Instead of embarking on a full diet, cutting your portion sizes to 2/3 or 3/4 of what you would normally eat can have a significant impact over the course of a year. It can be difficult to know what a normal serving size should look like as restaurants often serve big portions so consumers feel like they are getting a good deal. In reality, it’s a bad deal for the environment if you waste the food and a bad deal for your health if you overeat. More information on appropriate portion sizes can be found here.
  2. Limit consumption of processed foods: These foods tend to have more added salt, fat and sugar.  Spotting processed foods at the grocery store is easier than it might seem. Avoid foods in boxes, bags or other packaging that list unfamiliar ingredients.
  3. Eat more meals at home:  Meals prepared in the home tend to be lower in calories fat and sodium. It can be challenging to make a fresh meal every night but cooking food in large batches a couple times a week helps provide ample homemade lunches and dinners. 
  4. Decrease soda consumption:  Soda is a large, nutrient-void source of calories. Drinking too much can increase your risk of diabetes, heart disease and other obesity related diseases. It can be difficult to cut back if soda has become a part of your daily food routine. Try limiting the amount you drink each week until it becomes a treat enjoyed on special occasions.
  5. Cut back on alcohol:  Similar to soda, alcohol is a large source of empty calories in many American’s diets. Alcohol doesn’t need to be completely eliminated from your diets. Instead put a cap on how many drinks you will allow yourself each week or each day. It will make the drinks you do consume that much sweeter. And remember, the Dietary Guidelines recommend no more than one alcoholic drink a day for women and two a day for men.
  6. Increase the amount of fruits and vegetables at every meal:  USDA’s “My Plate” recommends making half of each meal fruits and vegetables. Doing so is one simple way to ensure you are filling up on nutrient dense low calorie foods instead of those that are high in calories but neglect to provide adequate vitamins and nutrients.   
  7. Incorporate whole grains into your daily food routine: Try to switch the grains you eat on a daily basis to whole grains, substituting white rice for brown rice or buying whole grain bread instead of white bread. Experiment with baking with whole grain flour instead of white flour. If using all whole grain isn’t palatable to you, use half white and half whole grain. Consuming more whole grains provides more naturally occurring fiber and other vital nutrients. 
  8. Eat less meat:  Cut back especially on fatty processed meats like bacon, pepperoni and prosciutto. Instead, try replacing the meat in your favorite dishes with tofu or fish, both of which are high in protein but low in fat. 
  9. Commit to being active, not to exercise: Setting out to exercise daily can be a daunting. While it is still good to hit the gym or go on a run a few days a week, signing up for a class like dancing, rock climbing or kick boxing ensures you get plenty of movement in an enjoyable way.  Develop a new active hobby such as kayaking, biking, or hiking. Taking more walks, committing to taking the stairs, or parking at the furthest corner of the parking lot can all make a difference.
  10. Accept yourself as you are:  Imagine how hard life would be if you had someone following you around constantly criticizing you every minute. That’s what happens sometimes when we are displeased with ourselves.  If you accept and love yourself you will make achieving your new year’s goals that much easier. 

Changes do not need to be extreme to matter. Only create new goals that seem sustainable for a lifetime otherwise you may eventually give up and reverse the positive progress you have made. Have a happy and healthy 2015!

Reflections on 2014 victories for consumers and workers – National Consumers League

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As we wind down another year advocating for consumers and workers, it is inspiring to reflect on the two major victories we saw in 2014 for consumers and workers. NCL is America’s only advocacy group with a dual mission to protect both consumers and workers, and we are proud of our work advocating for these changes.

  

Increased minimum wages

Minimum wage increases are essential for helping get America’s low-income workers—and our economy—back on track.

As of Jan. 1, 2015, 29 states and Washington, DC will have minimum wages above the federal minimum wage. America’s lowest paid workers will see their meager hourly wages increase, and it’s not just happening in the states with the most liberal voters! Four states (Alaska, Arkansas, Nebraska, and South Dakota) approved minimum wage increases through ballot measures in the 2014 general election. In Illinois, voters approved an advisory measure.

NCL and our allies have been beating the drum for increased minimum wages, helping to build momentum in recent years that resulted in these real victories. We are hopeful that this trend will continue across the country to help improve the quality of life for millions of working families.

Health care accessibility advances

For consumers, access to health care under the Affordable Care Act (ACA) will improve the nation’s quality of life. Despite conservatives’ pledge to unwind and repeal the ACA, sign-ups have surged, representing a huge amount of pent-up demand for health care across America.

As of mid-December, total enrollment for 2015 plans in this year’s open-enrollment season is about 7.44 million. Experts are saying the surge was bigger than expected and that the Obama administration will exceed its target of having 9.1 million people enrolled in the ACA by the end of 2015.

NCL was a part of this movement—last year, we hosted events across the country to educate consumers about their options and helped them sign up for the exchanges.

All told, the National Center for Health Statistics says that 11.3 percent of Americans lack health insurance, compared with 14.4 percent in 2013. That is progress! More and more Americans, especially children, are insured today than ever before—a huge victory for consumers and for our nation’s health.

There are still many obstacles to overcome for our country’s working families. With your support, we will continue to fight for livable wages, access to healthcare, and so much more in 2015.  

Shopping season is almost behind us! The season of gift returns is just around the corner

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Returning merchandise successfully — and getting a refund you’re satisfied with — can pose a few challenges any time of year, but there are a number of you can do to reduce stress, ease the process, and increase the odds of a successful transaction. To help ease the burden of returns, NCL is offering advice for increasing the chances of painless holiday gift returns this year.

Tips for easy holiday gift returns:

  • Know a store’s return policy before you buy. When you buy, know what you’re getting into — whether the return will be in the form of cash or store credit, at full price, the price that was paid by the purchaser, or some more recent marked-down price. Know whether having the receipt factors into this so you can decide whether politely going back to the gift giver to ask for the receipt is warranted.
  • Keep a paper trail. Go to the trouble of saving receipts from the beginning and keeping them handy in case there’s a need for a return. Having a receipt dramatically increases the chances of an outcome that’s to your liking.
  • As a gift-giver, give items in their full packaging. And as a recipient, don’t open the packaging of anything you know you don’t want to keep, particularly electronics. Policies that don’t allow returns for opened electronics items are common. If they do take it back, they may withhold a certain percentage of the return price and call it a “restocking fee.”
  • Spend your gift cards. They may lose value over time, so look at the fine print and spend them before they expire.
  • Prepare yourself for the worst. Stores have been tracking customers’ return habits for years. Some retailers subscribe to services that keep track of what consumers are purchasing and bringing back in an attempt to curb consumer return fraud — the returning of stolen goods. For honest consumers, this can cause problems, as some stores limit the amount of return activity to a certain number or value of annual merchandise returns. There’s a possibility if you’ve returned a lot of merchandise, you’ll be denied.
  • Be smart. Don’t wear it. Don’t damage it. Increase the chance of having a successful return by taking care of the item on its way back to the store and being a pleasant, polite customer. The post-holidays are stressful enough. Don’t contribute with a less-likely-to-be-helped attitude.

Check out the return policy of an online purchase. You may be able to bring it in-person to the brick-and-mortar store. You may have to pay to send it back, or the vendor may have provided you with a pre-paid postage slip. Or you may not be able to return it at all. Read the delivery information and return instructions for anything you purchase online, particularly if it’s meant to be a gift.

Don’t let your new computer get filled with scammy software – National Consumers League

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With the holidays upon us, many consumers will soon be unwrapping new laptops, tablets, and desktop computers. Out of the box, these new devices run great, but over time they can become clogged with all manner of scammy software. At best, these programs can degrade performance. At worst, they can lock down your new device and steal personal information.

Web browsers are a popular way that scammers gain entry to consumers’ computers. This is often done via deceptive browser tools and extensions.  These programs are typically legitimate and useful software that add new features to Web browser or otherwise alters the default Web surfing experience.  Popular examples include browser toolbars, language translators, and email notification icons.

Unfortunately, as many victims know too well, scammers also creating browser downloadables that promise one thing, but unleash a parade of horribles on unsuspecting consumers.  For example, these programs can rewire your browser settings and degrade your browser and computer performance.  They may also overlay scammy or inappropriate ads all over the web pages you visit, often covering up content that you want to see.  Even worse, these unwanted programs can introduce malware and other security and privacy threats, including stealing passwords and account login information.  And in many cases, they are impossible to get rid of without expert (read: expensive) help.

 So, what else can consumers do? Here are some tips for spotting and avoiding being a victim:

  • Keep your browser and operating system up to date. Most operating systems and software will notify you when it’s time to upgrade – don’t ignore these messages and update as soon as you can. Old versions of software can sometimes have security problems that criminals can use to more easily get to your data.

  • Know what you are downloading. Software from unfamiliar third parties may contain unwanted add-ons or malware. Be sure to know from where the software originates and only download it from a reputable source or a well-known app store.

  • Review Installation Options. When you download programs and extensions, pay attention to the fine print details and any auto-checked checkboxes. Make sure that you understand what programs are being installed.

  • Read the User Agreement. In addition to only downloading software from a reputable source, also be sure to read disclosures on the download site to understand exactly what you’re installing. Don’t install software from sites your browser tells you may contain malware or software bundled with “additional offers” unless you fully understand what is in them.

  • Recognize the signs of infection. Here are some clues that a suspicious program is affecting your browser:
    • Your browser doesn’t block pop-up ads from showing
    • Your homepage, startup page, or default search engine has changed to a site you don’t recognize
    • Unfamiliar extensions or toolbars are added to your browser
    • The browser’s desktop shortcut opens an unfamiliar website

  • Remove scammy software. Routinely scan your computer for malware with antivirus software you trust.

  • If you get hit with a scammy download report it Fraud.org or the FTC.

These tips are part of the National Consumers League’s continued commitment to helping consumers keep themselves safe online. In particular, NCL’s #DataInsecurity Project raises awareness about the need for reforms aimed at better protecting consumer data and calls on our policymakers to act now to strengthen cybersecurity standards.

The time to protect pregnant workers is now – National Consumers League

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Sometimes I really hate what lawyers do to parse the plain language of the law. Last week was a case in point. I attended Supreme Court argument in the case of Peggy Young vs. UPS. Young challenged her treatment as a UPS worker expecting a baby and needing to go on light duty but the company refused to reassign her. The statute in question is the Pregnancy Discrimination Act of 1978 (PDA). 

As it happens, I worked on getting that bill passed as a Congressional staffer. In 1978, Congress rushed into action to overturn a blatantly absurd finding by the Supreme Court in a case called Gilbert vs. GE where the Court actually said that not making physical accommodation for pregnant women in the workplace while accommodating all sorts of other disabilities wasn’t sex discrimination under the 1964 Civil Rights Act but simply discrimination against pregnant people.

Ahem. Pregnant people are ALWAYS women so in fact the finding in Gilbert is in fact discrimination against women. So why were we back at the Supreme Court again last week 36 years later re-litigating this case?  The PDA is very simple. It says:

To amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that section 701 of the Civil Rights Act of 1964 is amended by adding at the end thereof the following new subsection:

“(k) The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 703(h) of this title shall be interpreted to permit otherwise.

In other words, pregnant women should be treated the same for all employment related persons as those with similar in their ability or non ability to work.

Peggy Young simply wanted light duty at UPS late into her pregnancy, as ordered by her doctor. UPS wouldn’t accommodate her. But men with other similar disabilities, including those with DUIs who couldn’t drive a truck, were accommodated. This doesn’t seem like rocket science. But the Supreme Court seemed to think interpreting the PDA was very complicated. What did each word mean and why was it there? As Lyle Denniston of SCOTUS Blog commented on the case: “ The Justices probed deeply into what that section’s words — and punctuation — convey, even to the point of trying to sort out whether a semi-colon made a difference.  There did not appear to be a consensus on the meaning.”  I mean really! There was a great deal of consensus in Congress when the PDA was enacted.

Peggy Young’s plight is not isolated. Appearing before Congress earlier this year, Armanda Legros testified that she was sent home by her manager at an armored truck company, indefinitely and without pay, when she was six and a half months pregnant and had to avoid heavy lifting. She also testified that a co-worker who injured his back on the job was granted the accommodation that she was denied. UPS claims that the comparisons are between those who are injured on the job and those injured outside of the workplace, in which case UPS claims it has no duty to accommodate them and pregnant women fall into that category. 

I can tell you that when Congress enacted the PDA, it was meant to cover exactly Peggy Young’s case – if men at UPS had disabilities that are accommodated, so should Young. I’m told by Supreme Court scholars pregnant women might lose this case. How sad. In fact, UPS has changed their employee practices to ensure that pregnant workers have a right to light duty when needed. But we have to go thru this slow tortuous process to protect pregnant women’s rights nevertheless.

NCL filed an amicus brief in support of Young, joining the ACLU and many other groups. Among the arguments in the brief is that when women are forced to leave the workplace because of pregnancy-related conditions, while other workers with similar limitations are provided light duty, women suffer the very discrimination that Congress sought to eradicate. They lose income, economic security, and benefits, including health insurance, often with devastating results.

I found that listening to the case – I was in the overflow room at the Court reserved for members of the Supreme Court bar –infuriating. Why are we still debating these basic rights for working women. I only hope that the Supreme Court will look at Congressional intent in passing this bill and finally, 36 years later, give Peggy Young and all pregnant women who work the kind of accommodation Congress intended them to have when it passed the PDA. That’s good for women and good for families.

Young Americans are saddled with debt – National Consumers League

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It’s not surprising – but it is worrisome – that  young Americans aren’t saving. The generation under 35, known as millennials, have a savings rate of under 2%. They are burning through their assets and going into debt. The ramifications of this are myriad:No money to move out of parents’ house, no cushion if they want to switch jobs, no money for homeownership, not to mention no money for saving for a 401k or other retirement benefits.

But this has larger implications for our economy. “They are truly a vulnerable group. They don’t have assets to buffer themselves against shocks, and they have to manage debt,” said GWU economist Annamarie Lusardi.

Yes indeed, millennial student debt is a huge drag on these young people. In 1995 borrowers under 35 had a median student debt of $6100; now that number is almost three times that size – $17,200.

It’s no wonder that millennials don’t compare well to Generation X-ers in another category  – the median millennial has a net worth of $10,400; the median Gen-Xers has $18,200 net worth, according to the Federal Reserve.

This is a sleeper issue that is going to wreak havoc on the economy in years to come. We need to support legislation like that introduced by Senator Elizabeth Warren to let millennials reduce their student debt and get them out of from under this albatross and allow them to move out from the parents, save for a house and even for retirement. 

An early holiday gift from the FDA: menu labeling – National Consumers League

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Ever wonder just how caloric that notorious grande mocha frappuccino is or how many calories are lurking in your Auntie Anne’s cinnamon pretzel? Well those questions just got a lot easier to answer.  Today, the FDA released final menu labeling rules for retail food chains and vending machines with 20 or more locations. Movie theaters, pizza parlors and convenience stores are also covered under these new regulations. While some cities and states already have menu labeling requirements (New York required chain restaurants to start labeling in 2006), the FDA’s rule is nationwide making it a huge win for consumers.

What really made us consumer advocates giddy though was the inclusion of alcohol beverages on restaurant menus, an unexpected and tough measure. Alcohol is the six largest source of calories among Americans, with the average individual consuming a shocking 3.8 percent of all calories from alcohol. The rules also applied to convenience stores and grocery stores for foods that are intended to feed one person. Foods like bread and rotisserie chicken, which constitute as more than a meal, were not included.

The jury is still out on how menu labeling affects total calorie consumption, with some studies showing reduced consumption and others showing no change. What has become very clear is the consumer desire to make calorie amounts more visible. The National Restaurant Association had great foresight in advocating for the federal standard alongside consumer advocates in an effort to avoid varying laws put in place by cities and states.

Labeling calorie counts on menus is a strong consumer education tool. According to the FDA, one third of the calories American’s eat or drink are consumed away from the home. While the long term outcomes of menu labeling are unknown, consumers’ ability to access information that affects their health is the first step in the direction of a healthier America.

Consumers can expect to see the rule take effect a year from now for restaurants and two years for vending machines.  It is likely these rules will continue to face legal and political challenges in some parts of the food industry.

Banks too expensive for many low-income Americans – National Consumers League

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Consumer advocates often lament the number of consumers who are “unbanked.” It’s true that having a bank account is a sign of stability and that having your money attached to a checking account and ATM card can help build credit and promote long term saving. But it appears that banking fees have driven millions of low income customers away; 25 million Americans are unbanked. Another 63 million are under-banked, which means they may have bank accounts but rely on some alternative financial services. These include check cashers, payday lenders, prepaid cards, and lending and saving circles instead of banks. 

I happened to see one of my relative’s Bank of America statements; this relative doesn’t earn much of an income. He opened a bank account with a $100 deposit and three months later there was only $25 left. He hadn’t spent any of money; the $75 went toward a $25 monthly fee to maintain the account. Thank god he didn’t bounce any checks; his account would have been wiped out.

Several years ago the New York Times Magazine, in a story about payday lenders, quoted a low-income customer who used Payday lenders because their fees were predictable. He said he couldn’t trust bank fees because he never knew what they would cost. He closed his bank account after bouncing two checks at $39 a pop.

This week’s New York Times featured an op-ed written by Lisa Servon, a profession of urban politics in New York who worked for a short period at Check Center a payday lender in Berkeley, CA. Her customers found that bank fees had increased 25 percent in one year, that only 39 percent of noninterest bearing checking accounts were free, down from 76 percent in 2009, and the average overdraft fee is $32.74, and low income people bounce checks because they have little or no financial cushion. Some of the payday lenders charge less for a money order than the post office. And Servon points out that bank overdraft charges could amount to 5,000 percent if viewed as a seven day loan. Servon concludes that the problem isn’t the unbanked. It’s the banks that have become too expensive.

Our hostile work environment for pregnant workers – National Consumers League

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Can a worker be fired for being pregnant? 

This question is still being asked today in workplaces across the country and soon in the Supreme Court. The answer is not as straightforward as it should be. In 1978, the Pregnancy Discrimination Act (PDA) was signed into law and it amended Title VII of the Civil Rights Act to prohibit sex discrimination on the basis of pregnancy. Meaning a worker cannot be fired for being pregnant.

Sounds straightforward? 

However, some employers and employment lawyers searched for a loophole in the law and have found one. They argue that while one cannot be fired for being pregnant, one can be fired for a pregnancy related accommodation. Accommodations include: a heavy lifting restriction (often called light duty and that restricts lifting more than 25lbs.), requiring more bathroom breaks, needing to carry a water bottle to stay hydrated, using a stool instead of standing for a full shift, not working overtime, etc. Since these accommodations are often doctor ordered, women face the choice of endangering themselves and their pregnancy or losing their jobs and, in some cases, their health insurance.

In an October New York Times article, Doctor’s Letter Spells End of Job for Pregnant Employee, Angelica Valencia, a three months pregnant worker who had previously miscarried, was ordered by her doctor not to work overtime as she had another high risk pregnancy. When Ms. Valencia presented her employer with her doctor’s letter, her supervisors told her she could work only without restrictions and insisted that she work overtime.

Ms. Valencia begged her managers to excuse her from overtime as her doctor recommended. She pointed out that the company’s busy season typically ended in a month and that overtime was rarely needed for the rest of the year. Her managers still insisted that Ms. Valencia not work without a full duty medical clearance. By the end of the day Ms. Valencia was without her job. 

Unfortunately this is becoming an all too common occurrence. The Equal Employment Opportunity Commission, the federal agency charged with enforcing federal anti-discrimination laws, has seen the rates of pregnancy related discrimination cases soar over the last few years especially among low-wage workers. 

On December 3,the Supreme Court will hear the Young v. United Parcel Service (UPS) case. The case asks the Court to rule on the argument that the PDA protects pregnant workers from being fired from their jobs for needing a reasonable workplace accommodation. In this case, UPS has a work policy of granting light duty, with a 25 lbs. lifting restriction, to employees with injuries, doctor recommendations, and, in some cases, even workers with DUIs. However, when Ms. Young presented UPS with her doctor’s letter recommending light duty she was denied her workplace accommodation and placed on unpaid leave, where she eventually lost not only her job but also her health insurance. 

In case the Supreme Court rules in favor of UPS, there is a legislative solution already in  motion. The Pregnant Worker Fairness Act was introduced in May 2013 in both the House of Representatives (H.R. 1975) and the Senate (S. 942). Along with women’s and worker advocates, the National Consumers League is moving this important piece of legislation forward. In this day and age, it’s time these outdated policies, i.e. discrimination, are removed from today’s workplaces.

Life Lesson 5: How I Learned to #TurnOutForWhat – National Consumers League

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Seth WoodsOne of the reasons I love LifeSmarts is that we teach teens life lessons the easy way (rather than the hard way). We take that seriously, that’s why our motto is “Learn it. Live it.”

This time, I don’t have a “life lesson” per se, but rather an imposition:

Go vote. And if you’re not yet 18, make sure your friends who can vote do so.

A recent Harvard poll shows that only 26% of voters under 30 plan to cast a ballot on Election Day, a noted drop from two years ago. And while it’s true we’re not voting for a President this time, this year’s elections will be just as important (if not more important).

On the ballot this year are 36 U.S. Senators and all 435 Representatives, who will have the chance to make great changes to government policy. Some of these issues are especially important for teens and millennials:

  • There is a movement to raise the minimum wage to over $10/hour. How would your life be changed if that happened?
  • Health care laws continue to be a controversial issue. What happens to your family if your coverage changes?
  • Millions of credit card numbers have been stolen from major retailers’ databases this year. What should the government do to protect these consumers?
  • What happens if the federal government shuts down again?

Not to mention there are elections for countless state and local offices that will have a greater impact on your life than Congress: state legislators who decide how much money goes to education and health care, county officials who set road budgets and noise ordinances, school board members that could start your school day later or fund your team’s travel to the National LifeSmarts Championship.

Smart consumers are also smart citizens, and it is your obligation to vote. Take this opportunity to speak up and be an active part of your community.

Go vote.

And if you’re not yet 18, make sure your friends who can vote do so.