C.A.R.E. Act Introduced to Protect Young Farmworkers – National Consumers League

Today, Rep. Lucille Roybal-Allard (D-CA) has introduced H.R. 3564, the Children’s Act for Responsible Employment (CARE), legislation that would close loopholes that permit the children of migrant and seasonal farmworkers to work for wages when they are only 12- and 13-years-old.

NCL’s Sally Greenberg says: “Child farmworkers are exposed to many dangers—farm machinery, heat stroke, and pesticides among them—and perform back-breaking labor that is not fit for children. It’s time to level the playing field by closing these archaic loopholes and offering these children the same protections that all other American kids enjoy. We applaud Rep. Roybal-Allard’s leadership in introducing CARE.”

Read what the *Child Labor Coalition and Human Rights Watch have to say about the new bill.

 

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

Air of Hopefulness at Obama Wall Street Speech – National Consumers League

By Sally Greenberg, NCL Executive Director

New York, NY – There was an air of excitement at historic Federal Hall yesterday – a historic setting for President Obama’s “tough love” speech delivered on Wall Street at the place where George Washington took the oath of office. Yes, despite reports in the major newspapers of a grim-faced audience hearing *the President’s words, I was there for the speech with NCL Board member Sam Simon, and we both thought there was an air of hopefulness among the Wall Street audience. There was a sense that we’ve turned a corner and that there are better economic times ahead. The president received sustained applause as he walked in and stood at the podium: as if the audience was saying – “we know you are under attack by the right – and maybe you’re disrespected in other parts of the country – not here in New York City – here we support you!”

The audience included the President’s economic team – Treasury Secretary Tim Geitner, Christina Romer, Paul Volcker and a host of New York officials – Assembly Speaker Sheldon Silvers and Mayor Michael Bloomberg, among them, and Chairman of the House Financial Services Committee Barney Frank (D-MA).

This was the one-year anniversary of the Lehman Brothers’ collapse. After chronicling the crisis of a year ago, Obama noted, “We helped to restore capital and confidence… We’re putting people to work, repairing roads and bridges and hospitals. Eight months later this effort continues. We can be confident that the storms of the last few years are beginning to break.” He noted that consumer advocates had played an important role in working for legislative reforms.

But the president also admonished Wall Street not to return to some of their worst practices. “Normalcy cannot lead to complacency. Some are misreading this moment. They are choosing to ignore those lessons at our nation’s peril. I want everyone to hear my words. We won’t go back. . . too many were motivated by an appetite for quick kills. And expect taxpayers to break their fall.”

Ultimately the President wants to create a Consumer Financial Protection Agency, and consumer groups strongly support such an entity – whose primary function will be to protect consumers against intentionally complex agreements with “gotcha” clauses that bury information about fees while creating uniform regulations so banks and financial firms can’t shop around for the most hands-off regulatiors, as they do today, exploiting loopholes in the system.

The President closed with this message to Wall Street: You don’t have to wait for government to force you to act responsibly, do it on your own! For example, he told them “put your 2009 bonuses up for shareholder vote.”

We thought the President hit all the right points, cajoling Wall Street, while affirming the good things about our economic system when it is working effectively: stimulating competition and spurring innovation. It was important to mark the one-year anniversary of a darker time, and highlight government’s role in protecting companies and consumers from what might have been a more prolonged and far harsher economic toll.

 

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

The Great Unfinished Business of our Society – National Consumers League

Last night, the President *addressed Congress and the American people to discuss the issue of health reform, address the misinformation that has circulated this summer, and remind us what this fight is all about … the people.

As the President spoke last night, he walked us through the “history of our progress,” which includes battles to enact Social Security and Medicare.  President Obama reminded us that the “concern and regard for the plight of others … is part of the American character.”  Quoting from a letter from the late Senator Kennedy, President Obama said that health reform is the “great unfinished business of our society,” which “concerns more than material things.”

According to the President, the consequences of doing nothing will include a growing deficit, a rise in bankruptcy and an increase in the loss of coverage among American families, more Americans will see their health deteriorate, and many businesses will be forced to close.

The President called for a health reform plan that:

  • gives coverage to those who do not have it
  • gives Americans the benefits they are promised
  • promotes choice and competition
  • holds insurance companies accountable
  • improves efficiency and quality
  • prohibits discrimination
  • prohibits caps on benefits
  • limits the amount of out-of-pockets expenses American families face
  • requires preventive services be provided at no extra cost

The President also said, “if you misrepresent what’s in this plan, we will call you out.”  This is great news for the American people, who will benefit from a truthful and meaningful debate.

As the President said, again quoting from the late Senator Kennedy, “at stake are not just the details of policy, but fundamental principles of social justice and the character of our country.”   We are hopeful that we can keep this debate centered on you, the American people.

 

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

Landscaping and Lawn Care Dangers for Teen Workers – National Consumers League

By Lauren Perez, NCL Intern

The last in our five-part series about the 2009 Five Worst Job for Teens

As summer is winding to a close, we’ll take a look at the last job on NCL’s *2009 Five Worst Jobs for Teens: landscaping or lawn care, which can include many hazards, ranging from driving to using heavy equipment, exposure to heat and working dangerously unsupervised. Working outside increases a worker’s risk of heat stress, which occurs when *the body is unable to cool itself by sweating. Heat stress can lead to heat exhaustion or heat stroke and can eventually lead even to death. Warning signs includes headaches, dizziness, lightheadedness, weakness and moist skin, confusion, vomiting, dry, hot skin with no sweating, and seizures or convulsions. Heat stress can be prevented by monitoring oneself and others for symptoms, using cooling fans/air-conditioning; rest regularly, drinking lots of water and wearing lightweight, light colored, loose-fitting clothes.

Youth workers in landscaping and grounds keeping also face many of the same hazards of working with machinery as youth in agriculture. A 16-year-old landscape laborer was killed when he was pinned underneath *the front-end loader he was driving. The worker and his supervisor had been trimming and removing trees from a residential property and were returning their equipment into storage. The worker lost control of the front-end loader, causing it to rollover. The equipment did not have a rollover protection system and the worker had not been trained in using the equipment. According to The Fair Labor Standards Act, employed youths under the age of 16 may not operate *“power driving hoisting apparatuses” in nonagricultural jobs.

Young workers in the landscaping and lawn care industry need to be aware of how to protect themselves from heat, pesticides, electrical hazards, noise, cuts, and operating or driving heavy equipment. *Youth over the age of 16 may operate power mowers, chain saws, wood chippers, and trimmers. They may not drive ATVs or tractors for non-agricultural labor if the equipment is used for transporting passengers.

Both teens and their parents should think carefully when choosing a job. Parents and teens need to be aware of potential dangers such as working with equipment or in extreme heat. Youth workers should never hesitate to ask for more training. Young workers and their employers need to be aware of labor laws and it’s up to good employers to abide by them. Being employed can be a safe and rewarding experience for teens and provide them with skills they will use in future jobs, but it’s important that everyone work together to ensure safe working environments for all.

 

 

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

Labor Day Reflections – National Consumers League

By Sally Greenberg, NCL Executive Director

As we observe Labor Day today, Monday, September 7, it’s interesting to think back on the work of NCL’s founders. In 1899 a group of women associated with the Hull House social settlement and led by Hull House member Florence Kelley established the advocacy group, the National Consumers League (NCL). Kelley’s objective as head of NCL was focused on improving the pay and working conditions of those who toiled in sweatshops and factories, and most important, getting children out of the workplace and into schools. Kelley traveled the country lecturing on working conditions in the United States. She also initiated the NCL White Label, and employers whose labor practices met with the NCL’s approval for fairness and safety were granted the right to display it.

NCL’s constitution stipulated that it was “concerned that goods be produced and distributed at reasonable prices and in adequate quantity, but under fair, safe, and healthy working conditions that foster quality products for consumers and a decent standard of living for workers.” By any measure, Kelley’s work advanced the interests of children and workers enormously.

I believe that Florence Kelley would applaud NCL’s being part of a coalition of unions, environmental and religious groups this Labor Day that are renewing a call on the world’s largest retailer and private employer, Wal-Mart, to use its power in the marketplace – as a corporate citizen and employer – for the good of workers and communities. Leading the charge is the United Food and Commercial Workers, which also runs the “WakeUpWal-Mart.com”. UFCW holds a seat on the NCL Board.

As UFCW has observed,

“Nobody wants an economy where workers earn wages that can’t support a family. Nobody wants an economy where people who goto work everyday and work hard have to turn to public assistance for basic needs. We are trying to engage Wal-Mart, not isolate it. With 1.4 million Americans working in its stores, Wal-Mart bears a unique responsibility to its workers and our communities, and we’re asking them to embrace this challenge.”

Though it has a few modern touches, Florence Kelley could have made that statement. The groups in the coalition – which are named below –  have issued direct challenges to Wal-Mart in five key areas: worker rights, quality jobs, equal opportunity, corporate responsibility and a healthy environment. As part of this renewed effort, WakeUpWal-Mart.com will be releasing two new television advertisements called “Common Sense Economics Rules” calling on Wal-Mart to offer quality, affordable health care coverage to all its employees. Both ads highlight Wal-Mart’s failure to cover 700,000 of its employees, nearly half of its workforce. They end with the message “Wal-Mart can afford to be a better employer; Now would be a good time to start.”

We join our coalition partners in this campaign with new energy – working for the passage of the Employee Free Choice Act in Congress, inspired by the tasks left undone by labor champion Senator Teddy Kennedy, and vowing to improve conditions for workers at Wal-Mart and so many other workplaces in the United States where benefits are scarce or nonexistent, the work dangerous or mind-numbingly tedious, and the pay low. Certainly since Florence Kelley’s time we’ve made progress, but there is so much more to do. Happy Labor Day to all from the National Consumers League.

Coalition members include: AFL-CIO, Change to Win, Sierra Club, Campaign for America’s Future, National Education Association, American Federation of Teachers, National Consumers League, AFSCME, American Rights at Work, Communications Workers of America, Interfaith Worker Justice, LIUNA, National Labor Coordinating Committee, Service Employees International Union, International Brotherhood of Teamsters, United Auto Workers, United Farmer Workers and United Steel Workers.

Traveling Sales Crews: The Perils of Life on the Road – National Consumers League

By Reid Maki, Child Labor Coalition Coordinator, and Lauren Perez, NCL Communications Intern

Next in our five-part series of worst teen jobs is traveling youth crews who sell items—often magazine subscriptions— door-to-door.

When young workers leave the safety of home, family, and friends and hit the open road bad things can happen. Add into the mix selling door-to-door to strangers in unknown neighborhoods and the job can become quite dangerous.

In February 21, 2007 New York Times article about the industry told the story of one young recent high school graduate, Jonathan Pope, who spent six months with a magazine sales crew working 10 to 14 hours a day, six days a week. His pay was often withheld and he was forced to get by on a meager $10-a-day food stipend much of the time. He witnessed co-workers being beaten by his managers and, when he asked to leave, his manager left him at a train station 1,000 miles from home with $17 cash.

According to Dan Smith, a representative of the National Field Selling Association quoted in the article, at any given time about 2,500 young people aged 18-to-24 years old are selling magazines door-to-door in these traveling crews.

The National Consumers League recently received a call from one stranded young seller. Ricky, 24, said he’d been traveling with crews since he was 18. He’d recently been let go because a crew leader became angry with him. With no money, Ricky was trying to hitch hike 1,000 miles home.

Although it’s not an everyday occurrence, Ricky said he has also witnessed sellers get beaten because crew leaders were unhappy with their performance. “When you’re not getting your sales and not making your quota, the managers get really mad at you,” he said. I’ve seen someone “get jumped straight up and get beat down,” he said, noting that he has been threatened himself.

Ricky agrees with NCL’s advice that young workers should stay away from traveling sales crews. In his years on the road, he’s worked with sales crew members as young as 17 and he thinks that’s “way too young…to be traveling from state to state.”

Traveling youth sales crews are exposed to many hazards. Robbery and assaults, sexual exploitation, and exposure to the elements are all dangers of life on the road. According to Ricky, many of the young sellers engage in a “party lifestyle.” Drug and alcohol abuse are part of the scene, he noted.

One of the greatest dangers is all the driving in vehicles—often older vans that aren’t in the best shape—required by door-to-door sales. In 1999, 7 crew members of a traveling sales crew died in a car crash in Janesville, Wisconsin; five other passengers in the van were seriously injured.  One of the dead was 18-year-old Malinda Turvey from Wisconsin. Since that tragedy, Turvey’s father, Phil Ellenbecker, has crusaded tirelessly to improve safety for young door-to-door sales people and curb the industry’s worst excesses. On *his Web site, he has documented 86 deaths and 300 felony cases involving traveling door-to-door magazine crews.

Ellenbecker’s efforts helped bring about Malinda’s Act, which was signed into law by Wisconsin’s Governor Jim Doyle in March 2009. The law requires at least semi-monthly payment of wages and safety certification of the vehicles used to transport workers. It prohibits an employer from leaving employees stranded or taking away a worker’s money, ID, phone or any other personal property during the course of employment. It also prevents employers from restricting communication between the worker and family or friends and requires criminal background checks of crew members.

Wisconsin’s law is unique, and workers in most states enjoy few protections because they are often classified as independent contractors.

Consumers answering doors should also be careful. In May 2009, The Better Business Bureau said that in the previous 12 months it had received 1,100 complaints of deceptive sales practices from traveling crews working for 50 different companies.  Employees are often not licensed for sales work and can be misleading in their pitches.  The most common complaint was that the customer never received the magazine subscriptions they had purchased.

The National Consumers League offers tips for youth considering joining a sales crew, including questions to ask and warning signs.  Youth considering a traveling crew can also find a list of companies that have had complaints filed against them through the *BBB’s Web site.

Next, we will be covering landscaping, grounds keeping and lawn service jobs.

 

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

Toyota Closing Plant at Workers’ Expense – National Consumers League

By Sally Greenberg, NCL Executive Director

While finishing up a trip out to California’s Bay Area this week, I couldn’t help but lament the local news reports there that Toyota is closing its only unionized plant in the United States. The plant was a joint venture between Toyota and GM that launched in 1984 as an experiment for Toyota in building cars in the US and for GM to learn more efficient techniques from Japan. 4,700 workers will lose their jobs at the plant, which is based in Fremont, CA. California state officials say the ripple effect will cost 40,000 jobs in the state, all told.

Toyota’s decision strikes me as utterly unfair and unjustified on several levels. First, the carmaker has made out royally in the last few months, selling more cars than any other manufacturer through the U.S. taxpayer-subsidized “cash for clunkers” program. The hottest item was the Corolla, ironically built at this Fremont plant, and Toyota even had to bring more workers in to keep up with demand generated by this program. So here we have American auto workers – who happen to be unionized– working overtime to crank out cars so this Japanese car maker can profit from a United States government subsidy, and Toyota goes and closes the plant once the “cash for clunkers” program is over.

Second, Toyota is closing its only unionized plant, so this is an effort to cut costs at the workers’ expense. In fact, the company operates plants in Alabama, Indiana, Kentucky, Texas, and West Virginia and they aren’t closing those. Toyota has successfully resisted the UAW’s efforts to unionize in these other states.

Toyota’s spokesman for North America said that they “deeply regret having to take this action” but that “over the mid-to-long term, it would not be economically viable” to maintain the plant. So, close the union plant because workers make a little more money and get a little better benefits. That stinks. *UAW President Ron Gettelfinger observed that Toyota workers at the plant “deserve better than to be abandoned by this company, which has profited so richly from their labor, their productivity, and their commitment to quality.”  I couldn’t agree more.

 

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

Good Corporate Citizen News – National Consumers League

By Sally Greenberg, NCL Executive Director

Consumer advocates are known for leveling biting criticisms against corporations for their various bad acts. But when a company does something truly admirable, such actions also deserve our praise. The first admirable event came this week when Toys “R” Us announced that it would allow parents to trade in used cribs, car seats, and other baby products for discounts on new items in these categories. For each used item consumers bring to Babies “R” Us or Toys “R” Us, they’ll receive a 20 percent discount on a new product from select manufacturers. The list of products includes bassinets, strollers, travel systems, play yards, and high chairs.

Why is Toys “R” Us offering these discounts? For a very important consumer protection reason: CEO Jerry Storch told the Wall Street Journal, “We felt these were categories that were somewhat suspect, either because of the nature of the category or because there have been a large number of recalls in the category….We feel it’s critical to get these older products out of the chain of commerce.” Storch is exactly right; once a children’s product is in the market, the chance of getting it recalled and out of the nursery is extremely low, probably under 10 percent. The safety issue is all the more critical with products that children use every day. By offering this discount, Toys “R” Us is helping to cycle the use of older baby products out of the marketplace and bring in the newer, safer designs. Fewer children will be facing product hazards that can injure and even kill them because of the company’s actions.

Full Disclosure: Toys “R” Us has supported the National Consumers League’s teenage consumer education program, LifeSmarts, making financial contributions for the past several years, though the company didn’t ask us to write this blog post.

The second positive interaction with a corporate entity happened to me personally. In planning travel to Minneapolis to celebrate my father’s 91st birthday this weekend, I made the mistake of scheduling a plane trip several hours earlier than one member of my family could make. I was scheduled to arrive from another city, but they were coming from Washington, DC and simply couldn’t leave on the earlier flight. So I called the airlines and talked to an agent. She informed me that taking the later flight would cost $150 per-person change fee and a total of $1,000 to change the reservation for them to fly on the same route only two hours later.

I thanked her and asked to talk to a supervisor. She was perfectly pleasant, as was I, but asked me what she ought to tell the supervisor. “Tell her I would like to discuss my options,” I said. A few minutes later, her boss came on the line and I explained. “I screwed up and made reservations for the wrong time. My mother died this year and my father is celebrating his 91st birthday on Saturday. It would be a shame if his grandson couldn’t be there for the occasion, but I simply cannot spend an additional $1,000 to change these tickets for a flight 2 hours later.” She told me to hang on, and a few minutes later she was back with this news: “I made the change and confirmed your flights for the later time. There will be no extra charge. Enjoy your father’s birthday and thank you for flying with our airline.”

I thanked her profusely and let out a huge sigh of relief. I had despaired that my 13 year-old-son would have to forfeit his ticket and be unable to celebrate with his cousins and grandfather. But here’s the good news: an employee of a big airline was able to hear my story and out of kindness — and perhaps a sense that the rules are often too rigid — bend the rules a bit. No matter, this customer greatly appreciated that companies and their workers can do the right thing by their customers. Whether it’s Toys “R” Us or a big airline, when they do I believe we consumer advocates should commend them for it.

Mourning the Loss of a Lion – National Consumers League

Like many other Americans, consumer and worker advocates are mourning the loss of Senator Edward Kennedy (D-MA), a hero and champion of the worker. National Consumers League issued this statement upon the news of his death.

Did you know that Senator Kennedy was the first recipient of NCL’s Trumpeter Award? NCL began giving the award back in 1973, with Kennedy as the inaugural recipient, with the goal of honoring leaders who are not afraid to speak out for social justice and for the rights of consumers and workers in the United States and abroad. Kennedy certainly was a champion of workers throughout his career, fighting tirelessly for minimum wage increases for working families and health care for all.

Sen. Kennedy also championed the rights of consumers. As recently as January of this year, he called upon the Obama Administration to reinstate the White House Office of Consumer Affairs, with a statement in the Congressional Record: “With a new administration focused on bringing needed change to the Nation, a new focus on consumer safety should be part of this change.”

Tractors, Forklifts and ATVs Among Most Dangerous Teen Jobs – National Consumers League

By Lauren Perez, NCL Communications Intern

Operating tractors, forklifts, and ATVs is one of the most dangerous jobs for young workers. From 1993 – 2002, the last year for which there is a statistic, 18 youths aged 14 and 15 and six youths aged 16 and 17 were fatally injured while operating farm vehicles or machinery. For the same time period, 11 youth workers between the ages of 14 and 15 and 23 youth between from 16 to 17 were fatally injured while riding as a passenger in an automobile or truck or a farm vehicle. In 2003, 26 percent of workers under the age of 17 suffered nonfatal injuries from contact with objects and equipment and 4 percent from transportation incidents.

Five summers ago, in 2004, *an eight-year-old boy was assisting his father on their dairy farm and operating a full-sized ATV. The boy lost control of the ATV, causing it to roll over. The boy was killed. In addition to being properly fitted for the ATV, operators should also go through a safety course. 4-H also provides a Safe Riding Tips Brochure for those thinking of purchasing an ATV.

Operating a forklift falls under a “*hazardous occupation” according to the Fair Labor Standards Act and youth workers in nonagricultural jobs are prohibited from using one. Youth workers in agricultural jobs who are over the age of 16 may *operate a tractor or forklift. In 2004, a 17-year-old worker, *on his new job at a grain and hay store for only an hour, was retrieving bales of hay for a customer when a forklift rolled over on him. The keys had been left in the ignition of the forklift, and the worker had not received proper safety training. Employers should be aware of laws prohibiting youth workers from operating forklifts and provide proper safety training.

The *National Agriculture Safety Database provides guidelines on choosing an ATV for a young worker and safety measures to follow. Only one rider should be on an ATV at one time, which means no passengers. Youth from ages 8 to 16 may only operate ATVs on land owned or leased by their parent or guardian, however, the NASD warns that youth should not operate full-sized ATVs. The driver should be able to stand on the foot rests with 3” of clearance between their pants and the ATV’s seat. The youth should also be able to reach the handlebars with their elbows at an angle.

Stay tuned for an upcoming look at another of our Five Worst Jobs for Teens: traveling youth sales crews.

 

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