Bryce Covert Archives - Talk Poverty https://talkpoverty.org/person/bryce-covert/ Real People. Real Stories. Real Solutions. Fri, 16 Oct 2020 15:43:40 +0000 en-US hourly 1 https://cdn.talkpoverty.org/content/uploads/2016/02/29205224/tp-logo.png Bryce Covert Archives - Talk Poverty https://talkpoverty.org/person/bryce-covert/ 32 32 New Jersey, Birthplace of Welfare Family Caps, Has Finally Repealed Them https://talkpoverty.org/2020/10/16/new-jersey-birthplace-welfare-family-caps-finally-repealed/ Fri, 16 Oct 2020 15:43:40 +0000 https://talkpoverty.org/?p=29816 Four years before President Bill Clinton signed legislation that he promised would “end welfare as we know it,” New Jersey started the process on its own. In 1992 it became the first state in the country to cut off additional cash welfare benefits for a family when they had a new child. Before the policy, a family would get an extra cash allotment to cover the needs of their new child. Afterward, if someone enrolled in the program had an additional child, they would receive no extra money.

It was explicitly enacted in an attempt to keep poor women, and particularly poor Black women, from having more children. “What this does is give welfare recipients a choice,” Wayne R. Bryant, the former New Jersey Democratic Assembly majority leader who came up with the policy, said in 1992. “They either can have additional children and work to pay the added costs, or they can decide not to have any more children.” He later bragged that the policy had led to an “astounding” drop in the birthrate among women on welfare. In advocating for the family cap, he described “123 blocks where there are no legitimate males” in his city of Camden, by which he meant “men who can rightfully take their place in that community,” thanks to the fact that welfare has taught “all the wrong values.” The family cap, meanwhile, “reinforced the ideas of self-responsibility and investment in the future.”

It’s a “terribly racist and classist and misogynistic policy,” said Jessica Bartholow, policy advocate at the Western Center on Law & Poverty. “It’s a poor baby penalty.”

But the policy quickly spread nationally after New Jersey enacted it. Republicans even included a pledge to “discourage illegitimacy and teen pregnancy by…denying increased [benefits] for additional children while on welfare” in their 1994 Contract for America, the precursor for welfare reform. The language never made it into the final version, but 22 states took the initiative to create family caps anyway.

As of September 30, New Jersey is no longer one of them.

“It’s huge. [New Jersey] is the mothership of the family cap rule,” Bartholow said. “It’s a beautiful day when the place that started it all can…reconcile what it’s done.” She noted that her state of California, which got rid of its cap in 2016, had originally followed New Jersey’s lead in creating one in the first place. “You have to wonder, what if [New Jersey] had never done it?” she said. “Would we have had it, would other states have had it?”

Despite Bryant’s early data, research in the decades since shows welfare family caps don’t work. There is no evidence that family caps influence how many children poor families have. It’s not even true that poor families receiving government benefits have huge families. In 1990, only 10 percent of households receiving cash benefits had more than three children. Today, they have an average of 1.8 children, the same as the average for the country as a whole. “The idea behind the law has been really debunked,” said Renee Koubiadis, executive director of the Anti-Poverty Network of New Jersey.

What family caps actually do is deprive families of the extra cash they need to cover expenses that aren’t covered by other programs, such as diapers, baby wipes, and car seats. This just increases their poverty. Koubiadis has heard stories, she said, of parents who only had one extra diaper for their baby for an entire day, and others who couldn’t go to work because they couldn’t afford the number of diapers required to send their children to daycare. Now a family of three that had a child excluded from extra benefits thanks to the cap stands to see an extra $134 a month, according to calculations by Brittany L. Holom, senior policy analyst at New Jersey Policy Perspective (NJPP).

The campaign to repeal the state’s cap launched in 2016 with a report from NJPP that found that more than 20,000 children had been denied assistance since the cap was enacted in 1992. “Those are 20,000 children who, in the eyes of the program, essentially didn’t exist,” Holom noted. Even in 2018, the cap lowered benefits for 1,235 families. It also disproportionately impacts families of color: About 80 percent of the state’s children on welfare are Black and Hispanic.

The 2016 analysis “really helped highlight those issues for legislators who hadn’t thought about this law…since it was enacted in 1992,” Koubiadis said.

The report was released just months before California repealed its family cap, and coincided with other state campaigns, such as in Massachusetts. As advocates in New Jersey fought to repeal their family cap, the movement gained support from religious groups who were concerned about the impact the policy has on children. Ron Haskins, a prominent Republican architect of welfare reform, has since said he would be “hesitant” to support a family cap today because it “creates hardships for families.”

But even with a growing movement, New Jersey’s repeal hit roadblock after roadblock. Legislation sailed through the state legislature, but Republican Governor Chris Christie vetoed it twice.

Then the state elected Democratic Governor Phil Murphy in 2018. In New Jersey’s last two budgets, the welfare cap was effectively eradicated when lawmakers included extra money to pay families the missing benefits for their additional children. Still, the cap itself remained on the books, meaning that lawmakers would have had to keep including that money each year to keep it from denying families money.

It’s a beautiful day when the place that started it all can reconcile what it’s done.

The coronavirus crisis, however, focused attention on the need to get rid of the cap once and for all. “There was a focus on other issues in the last couple of years, up until the pandemic,” Koubiadis said. But “with the exacerbation of these inequities, and certainly racial inequalities, legislators as a whole recognized that this was the moment to repeal this.” With the law no longer on the books, the extra assistance for poor families will be automatically included in each year’s budget.

“The tide certainly has been turning, especially in the last five to ten years,” Koubiadis said. “Other states certainly should take a look at repealing this law as well.” Holom noted this is particularly true for other nearby states, such as Connecticut, that still have a cap now that New Jersey and Massachusetts have done away with theirs.

The fact that “it has been undone in the place where it began will spread across the country and inspire the remaining states,” Bartholow said, “to finally end their use of this very flawed intervention.” She’s heard from people who are interested in doing the same in Tennessee and Virginia.

Perhaps, she suggested, Congress could even consider legislating it out of existence, barring states from having this policy at all. Congress might even go so far as to reconsider the other parts of the current welfare program that similarly punish poor people who need assistance, such as time limits that kick them off after a certain number of years, work requirements that deny benefits unless someone completes frequent paperwork proving they are either working or looking for a job, and pursuing children’s parents for child support money to pay back the benefits.

“These are really disgusting ways to think about a safety net,” Bartholow said. “I hope it can also inspire people to think about what else we have [done] wrong.”

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45,000 California Child Care Providers Just Won the Largest Union Election in Decades https://talkpoverty.org/2020/07/31/california-child-care-union-vote/ Fri, 31 Jul 2020 14:38:53 +0000 https://talkpoverty.org/?p=29237 On Monday, 45,000 family child care owners and employees in California voted to join a union in a landslide, the largest union election the country has seen in two decades, according to organizers. In a mail-in secret ballot election, 97 percent voted to join Child Care Providers United (CCPU), a coalition of larger unions Service Employees International Union (SEIU) and American Federation of State, County, and Municipal Employees (AFSCME) that will bargain with the state over how it subsidizes child care.

The vote is the culmination of a 17-year fight to be granted the same right to organize that is available to their counterparts in 11 other states, including Washington and Oregon to the north. The fight started long before Miren Algorri, a family child care provider in San Diego, opened her family child care center. When Algorri first immigrated to the United States from Mexico, she became an assistant to her mother, who ran her own family child care. Algorri watched the children her mother cared for while her mother went to organizing meetings.

Algorri took up the mantle when she got her license to operate her own child care. In the more than two decades that she’s run her business, she hasn’t been able to take a single hour of paid sick leave. “That’s inhumane, that is criminal,” she said in an interview. She only has health insurance because she’s on someone else’s plan; when she was younger and a single mother, she had no coverage and paid hundreds of dollars to cover her daughter’s medical issues. “I cried myself to sleep countless nights,” she said.

She still can’t afford to offer health insurance to the assistants who now work for her. For providers like Algorri, who accept children whose parents pay for care with state subsidies, the rates are set by the state. With what the state pays her for caring for an infant, she’s barely making $4 an hour. But she needs to pay her assistants at least minimum wage. “They deserve way more than the minimum wage, because they’re shaping the future of California,” she said. But in order to compensate them adequately, that means that many months, after her other expenses, she doesn’t have enough money to pay herself a salary. So, she goes without.

It’s a common theme among family child care operators in California. In a 2019 survey, the top challenge providers said they faced was low wages, followed by receiving few benefits. Nearly one in five that had closed said it was because of the lack of benefits. Nationally, child care workers make on average less than $24,000 a year.

“Being underpaid, underrepresented, overworked is not something that I wish upon anybody,” she said. “We deserve to be treated with dignity and respect. That’s what the union means.”

The union vote result was announced on an emotional Zoom call on Monday, and in reaction child care providers across the state took themselves off mute to cheer and clap. “This election is historic,” said Zoila Carolina Toma, a child care provider in Los Angeles, on the call, with a classroom chalkboard and shelves full of supplies in her background. “Together we are unstoppable.”

“I cannot find the words to describe how I’m doing,” Algorri said. “I have been crying, I have been laughing… I’m overwhelmed with joy because I know that wonderful things are coming for us.”

Even before Monday’s vote, 2,500 child care workers in the state had joined SEIU without having the formal right to organize and bargain. Then, in September, Governor Gavin Newsom signed a bill finally granting providers who receive state subsidies the ability to form a union. “I’m so proud to be a little bit a part of your journey,” Newsom said in a pre-recorded video played on the Zoom call. “You had the moral authority, and…now we have the formal authority enshrined in this historic vote.”

We don't want to be 78 years old still trying to lead circle time.

The vote, however, is only the start. “Today the real fight begins,” Algorri said. Now that they voted to unionize, they’ll be able to bargain directly with the state for improvements in the child care system. As they negotiate their first contract, their priorities will be ensuring a livable wage for providers, good health insurance, and a retirement plan. Nancy Harvey, a child care provider of 16 years, said on the Zoom call, “We don’t want to be 78 years old still trying to lead circle time.” They also want to ensure professional development and training.

The child care provider workforce in California is overwhelmingly female and 74 percent people of color, according to the union. “This is not just a victory for union rights and economic justice,” Lee Saunders, president of AFSCME International, said on the Zoom call. “It’s a movement led by women of color. Your win today is an important step toward gender justice and racial justice.”

They also care for many children of color, and as part of their negotiations plan to push the government to expand access to child care. The vision of the union includes “excellent early education for all in California regardless of what you look like, where you come from, where you live, regardless of ability, regardless of language,” said Max Arias, executive director of SEIU Local 99.

All of these things are even more necessary in the middle of the pandemic. Across the country, more than 70 percent of child care providers say they’re incurring substantial new costs for staff, cleaning, and personal protective equipment to operate safely. But they have little wiggle room to cover those expenses. Over 40 percent said they had to close in May. Two out of five say they will have to shutter permanently unless they receive public assistance.

Many of the union members are already sick with COVID-19, some even hospitalized and intubated, according to union leaders who were on the Zoom call. Algorri has kept her doors open throughout the crisis to care for the children of essential workers, even as many of her families lost their jobs and had to keep their children home. She’s had to implement new procedures — such as asking parents to bring their own pens for sign in and having the children change into a child care-specific set of shoes — and spend a lot more on personal protective equipment and extra cleaning supplies. She wants a contract that will ensure providers keep getting paid if they close due to the coronavirus crisis, and will offer them extra support to keep their doors open.

“We’re not asking. We’re going to demand,” Toma noted. “It’s time to demand what we deserve, what our families deserve, what the people in California deserve.”

“I know wonderful things are coming our way,” Algorri said. “I’m just excited.”

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New York’s Salon Workers Are Fighting For Better Conditions—And Winning https://talkpoverty.org/2020/02/21/new-york-nail-salon-wage-theft/ Fri, 21 Feb 2020 13:05:13 +0000 https://talkpoverty.org/?p=28910 Glenda Sefla got a job in a nail salon in New York City when she first arrived from her home country of Ecuador because it was the first option she could find to make some money. But from the very beginning she knew something was wrong. “The conditions were really bad,” she told me, speaking in Spanish through an interpreter. One of those conditions was wage theft. She was working 10-hour days but making just $30 a day. That amounted to a mere $3 an hour, even though her wages and tips were supposed to come to at least $8 an hour.

That small amount of money didn’t cover her bills and expenses. “So then I just ended up working more,” she explained. She would work six or even seven days a week just to try to make ends meet. “I would just go to sleep and then go to work and then go to sleep and go to work,” she said. She spent three years putting in those kinds of hours. “I felt totally exhausted, physically and mentally.”

She eventually started working in a different salon in Manhattan where she made slightly more: $50-60 a day for the same hours. It still wasn’t enough to cover her bills. She had to eat “the most basic things,” always at home because she couldn’t afford to eat a meal out. She couldn’t buy herself anything, not even new clothes. “I couldn’t take care of my physical and mental health,” she said.

“You’re working so hard, but at the end of the week you still don’t have enough,” she added. “It makes it impossible to imagine a dignified life.”

Meanwhile, the salon owners never gave her and her coworkers information about how to protect their health and safety when working with chemicals everyday. Salon workers are routinely exposed to the “toxic trio” of formaldehyde, toluene, and dibutyl phthalate, common nail polish ingredients, as well as disinfectants such as alcohol. Exposure can lead to skin irritation and chronic conditions, allergies, and even reproductive problems.

Sefla didn’t realize that she had the right to more pay and better protection until she found the New York Nail Salon Workers Association, which organizes nail salon workers in the state around wages and working conditions. She’s now an organizer there.

“This wasn’t just something that was just happening to me,” she noted. For all of her compañeras in the industry, “This is the reality that we’re living.”

Low prices translate into illegal poverty wages.

A new report backs her up. In a survey of about 100 nail salon workers in New York City and surrounding counties, the New York Nail Salon Workers Association found that 82 percent experienced wage theft. Employers are failing to pay the state’s tipped minimum wage, aren’t making up the difference when employees’ base wages and tips don’t add up to the full minimum wage, and don’t pay extra for overtime work. The hours are long: nearly two-thirds of nail salon employees say they work shifts that are at least 10 hours. But many aren’t paid time and a half for the extra hours they put in.

That wage theft is costing them, on average, more than $180 a week, or over $9,000 a year—steep sums for the majority immigrant female workers who survive off of little pay to begin with. More than 10 percent of respondents were losing more than $400 a week.

One source of the problem, the report finds, can be traced back to how little it costs to get a manicure in New York. Workers at salons that charge the lowest prices—$9 or less for a manicure—reported experiencing higher rates of wage theft and losing more money, while those at salons that charged at least $16 for a manicure kept more of the money they were due. “Low prices translate into illegal poverty wages,” the report states. But “as service prices increase, wage theft decreases.”

On top of the inadequate pay, the report also found that 86 percent of nail salon workers in New York City aren’t being given paid sick days, as is the law.

In 2015, a New York Times expose shone a light on the rampant mistreatment of nail salon employees in the city, who are often forced to work extremely long hours in harsh conditions for little pay. In its wake, the state implemented health and safety standards dealing with ventilation and protective equipment. It also now requires owners to take financial steps to ensure that workers can recover wages if it’s found they’re being underpaid and created a voluntary recognition process for those deploying best practices. But workers argue that even with some protections in place, they need stronger enforcement to get what they’re due. “While the legislation provided new protections for workers and regulations for employers, workers continue to organize to make those protections a reality,” the report notes.

“We still aren’t really seeing changes,” Sefla said. “We have established better laws, but we’re seeing that a lot of the owners are not complying with the new laws. So we haven’t seen the change that we’re looking for.”

In December, Governor Andrew Cuomo announced he would get phase out the tipped minimum wage for a group of workers that includes nail salon employees (although excluded restaurant and hospitality workers), meaning salon owners will be required to pay the full minimum wage regardless of how much customers tip. But as the report notes, many workers weren’t even being paid the lower tipped wage to begin with. So they’re demanding more legislative action.

“We need mechanisms for enforcing those established laws,” Sefla said. “There won’t be any change without consequences and accountability.”

The heart of their demand is that the state legislature pass the Nail Salon Accountability Act, which will be introduced later this month. The law would change the licensing process so that workers’ feedback would be incorporated into the renewal process and owners would have to get certification proving that they are complying with labor, health, and safety laws. It would also mandate training for owners and workers on those laws. “Compliance with the law must become part of the cost of doing business,” the report states.

There are other potential legislative fixes in the works as well. Members of the assembly are considering a bill that would criminalize wage theft. The New York City council is working on a bill that would give salon owners subsidies so they could add proper ventilation.

“Esos son básicos,” Sefla said: These are basic things. “Son derechos que tenemos aquí en este país.” These are rights we have here in this country.

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A Unique Philadelphia Law Guarantees 16,000 Domestic Workers Paid Time Off https://talkpoverty.org/2019/11/20/philadelphia-domestic-workers-paid-leave/ Wed, 20 Nov 2019 16:54:36 +0000 https://talkpoverty.org/?p=28152 Maria del Carmen currently works for 25 different bosses across the city of Philadelphia. She’s been a domestic worker for 24 years, employed as a housecleaner, a nanny, and an eldercare provider. “I like doing my job well so that my bosses are happy and their things are taken care of,” she said in Spanish, speaking through an interpreter.

But her work is grueling and at times dangerous. Sometimes she isn’t paid for the work she does. Even when she is paid what she’s owed, it isn’t much and comes without any benefits.

She doesn’t get any paid time off; once when she had to stay home to care for her sick son, one of her employers got extremely angry with her. “I have to work when their kids are sick and they give me their viruses, but I can’t stay home when they give them to mine,” she noted.

She’s experienced discrimination for speaking Spanish and being Latina, she said, including a client who told her they weren’t happy her son went to the same high school as their son. Years ago, she was even the victim of sexual abuse. Bosses have undressed in front of her and insinuated that they wanted to have sex with her. “I actually had to stop working, which was a financial hardship,” she said. “That kind of abuse impacts all parts of your life, including with your family … We bring the heaviness of these abuses home.”

But there wasn’t much that she could do about it. Domestic workers were the only type of worker excluded from Philadelphia’s antidiscrimination protections. “No habia una ley,” she said; there was no law protecting her or offering her recourse.

That will soon change. Since the middle of 2018, when the Pennsylvania Domestic Workers Alliance was formed, del Carmen and other domestic workers in her city have had one goal: Establishing a domestic workers bill of rights to include them in basic labor protections and even grant them powerful new ones. On October 31, that goal was achieved when the Philadelphia city council unanimously passed a bill establishing rights for the city’s 16,000 housekeepers and caregivers. It’s the 10th such law in the country, joining those in California, Connecticut, Hawaii, Illinois, Massachusetts, Nevada, New York, Oregon, and Seattle.

Philadelphia’s bill of rights does three key things. First, it makes sure domestic workers are included in basic labor standards such as protection from racial, gender, age, national origin, and language discrimination, as well as the right to meal and rest breaks. It also goes above that floor to require that domestic workers be given legally binding written contracts in both English and their preferred language outlining job responsibilities, hours, and payment schedules. Employers also have to give domestic workers at least two weeks’ notice of termination, protect their privacy, and provide a notice of their rights.

But the third facet is the most radical: The city will create the country’s first-ever portable paid time off benefit system. The bill establishes a right to get paid time off for all workers, no matter how many employers they have. With that in place, it mirrors the city’s existing paid sick leave ordinance, which grants workers an hour of paid time off for every 40 they work.

Now other states can copy us.

Now, when a domestic worker puts in 40 hours across all of her jobs, she’ll be due an hour of paid time off, funded by prorated payments from each of her employers into a central benefit bank. Employers will have to contribute paid time off for any domestic workers they hire for five or more hours a month. The benefit bank will still be hers to claim even if she changes clients later on.The bank will be coordinated not by domestic workers themselves or even their employers, but through technology developed by a third-party vendor. The employers “don’t need to be talking to each other, and the worker doesn’t need to be coordinating between them either,” explained Nicole Kligerman, director of the Pennsylvania Domestic Workers Alliance.

“The 20th century social safety net system is based on one person and one employer,” Kligerman noted. But many people now work in arrangements that don’t fit into that mold – working in the so-called “gig economy” or classified (and misclassified) as independent contractors –  which means they’re denied standard workplace benefits. Domestic workers hope their portable paid time off system can offer a new alternative.

Domestic workers are “the original gig economy workers,” Kligerman said, and they “can and always have led the way” on labor reform. But such a system could easily be imagined for other workers with more than one employer. “The implications are obviously really big,” she said. Ride share drivers, for example, are already looking into it. “We’re excited to be a guinea pig.”

Del Carmen was involved in lobbying for and crafting the bill of rights. “At times it was really difficult, some of [the council members] even ran away from us,” she said. But they kept showing up, week after week. “We fought as a team until we won.”

The feeling when the bill passed unanimously, including yes votes from the three Republicans on the city council? “Maravilloso,” she said. All of the provisions she and other domestic workers were fighting for made it into the final bill. “It really is complete,” she said. “And now other states can copy us.”

Had the bill of rights been in place 25 years ago, “my life would have been much easier,” del Carmen said. “I wouldn’t have shed so many tears for all of the things that happened to me.”

Del Carmen has already seen the impact of the newly passed bill of rights. All of her clients are working on creating a written contract. “I told them if I don’t sign a contract, I’m not going to work for them anymore,” she said.

She’s also very excited about finally getting some paid time off from work. “I’ve never had it,” she noted. “I’m just going to be at home enjoying my house. I’ve never been able to do that.”

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States Are Going Around Trump to Get More Workers Overtime Pay https://talkpoverty.org/2019/06/27/states-trump-overtime-pay/ Thu, 27 Jun 2019 14:07:29 +0000 https://talkpoverty.org/?p=27751 Getting a promotion is usually a cause for celebration. But after Chip Ahlgren was made a general manager at a Jiffy Lube in Washington state, he moved from an hourly position to a salaried one, and was no longer owed overtime pay when he put in more than 40 hours a week. Instead, Ahlgren could be asked to work as many hours as his boss demands for the same $52,000 a year.

These days, he’s putting in around 60 hours a week, even though his contract says he’s supposed to work 50 hours and the payroll system only counts 40 hours a week for the purpose of accruing sick leave. His managers keep giving him more to do. “They just add and add and add,” he said. “There’s no way for us to get everything done.”

While overall his pay is higher than it was when he was hourly thanks to bonuses, those bonuses aren’t guaranteed. In terms of guaranteed pay per hour, he’s making less: He estimates that right now, it averages out to about $8 an hour, whereas the people below him make $16 an hour. And so much intense work has taken a huge toll on him. “It wears you out to work this many hours,” he said. “I’ve blown out my knee, blown out my back. I’m almost on the brink of not being able to survive physically.”

Ahlgren isn’t eligible for overtime pay because the federal threshold of $23,660 to qualify has gone without an update for decades. And without extra overtime pay for his extra hours, he’s just keeping his head above water financially. “I don’t have really enough to survive or go to the doctor or plan for the future or anything like that,” he said.

Ahlgren may be able to look forward to some relief, however. At the beginning of June, the Washington State Department of Labor & Industries released a plan to update its own overtime threshold. It would ensure that any worker in the state who makes less than 2.5 times the minimum wage — by 2026, nearly $80,000 a year — will be owed overtime pay. About 400,000 people like Ahlgren are expected to be affected.

The state of Washington had to take matters into its own hands because efforts to increase the overtime threshold at the federal level have stalled. In 2016, the Obama administration updated federal overtime rules so those making $47,476 or less would be automatically covered, both hourly and salaried. It would have been updated every three years to keep up with wage growth thereafter, likely covering those making $51,000 by early 2020.

But the update was challenged in court and ultimately struck down. Rather than defend the Obama update, the Trump administration first did nothing, and then put forward its own proposed increase to $35,308 without any automatic updates. According to the Economic Policy Institute, it will cover 8.2 million fewer people than the Obama rule would eventually have.

In the wake of Trump’s weak federal action, a number of states have stepped into the breach, because, as with the minimum wage, federal overtime law is just a floor; states and localities can go higher if they choose.

“This is a standard that is really important to the vibrancy of the middle class, and it has dramatically eroded over time,” said Heidi Shierholz, senior economist at the Economic Policy Institute. The minimum wage raises pay and living standards for those at the very bottom, but overtime is “about the lower end of the middle class,” she said. The typical person impacted by it is the front-line supervisor in a fast food restaurant or retail store — a low-level manager who may be asked to put in 60 to 70 hours a week at no additional pay. Updating overtime therefore acts as a “companion standard” to increasing the minimum wage, she said.

Pennsylvania was the first to act when last year Gov. Tom Wolf (D) proposed raising the state’s threshold to $47,892 by 2022 and updating it automatically every three years after that. California and New York have also taken action: California‘s overtime threshold will cover everyone making less than $62,400 by 2023, while New York will raise it to $58,500 in New York City and phase it in at different rates for different parts of the state.

But Washington state has so far gone the furthest. “The Washington announcement is definitely the boldest,” said Paul Sonn, state policy program director at the National Employment Law Project. “It’s a model for how states can take strong action to protect workers from the Trump overtime rollback. We hope it’ll spur more states.”Previously, about two-thirds of the salaried workforce had to be paid overtime when they worked more than 40 hours a week. Washington’s update would cover about 44 percent, Sonn said: “It’s really quite moderate historically because it wouldn’t fully restore overtime pay to the share that had it in the 1970s.”

Federal overtime law is just a floor.

One of the beneficiaries in Washington would be Sidney Kenney. When he started working at a residential service provider for developmentally disabled people in a salaried position, he was told the job would be 9 to 5, Monday through Friday. “Soon you find out that’s not true,” he said. He was required to always be on call, even on weekends, holidays, and vacations. It meant keeping his phone at the ready even when at the movies or in bed. “It changes how you live,” he said.

He once took a vacation to go to a friend’s wedding but found himself having to do work on the way there, during the wedding, and on the way home. Every time he put in those extra hours, he was paid the same. “It builds resentment,” he said. “You’re angry, you feel like you’ve been lied to, feel like you’ve been taken advantage of.”

So, he decided to move to an hourly position instead. “I loved the job I was doing,” he said. “However, I realized it was not a lifestyle I could continue or wanted to continue.” Now he has a set number of hours, and if he has to come in early or stay late, he’s paid for that extra time. “My days off are my days off,” he said. “I still get phone calls from work and I still get some text messages, but I don’t have to answer them.”

“Your time is invaluable,” he noted. “I can plan things, I can enjoy my time. It’s a crazy world and nothing’s promised, so what time I do have I want to enjoy.”

But he thinks if his state’s proposed overtime update goes into effect, almost all of the positions at his job will simply be made hourly to accommodate it. “I would have stayed in the same position if it were hourly,” he noted. “If they were to extend the same position I had … but in an hourly capacity, I would go back to it.”

Ahlgren doesn’t expect that being covered by overtime regulations would reduce his hours. But it will mean extra money for his extra work. “At least I would be able to go to the doctor and take of myself,” he said. “I would be able to plan for a future where I wouldn’t just have to do this forever.”

Other states may soon join in the action. Last week Massachusetts held a hearing on a bill that would increase its threshold to $64,000 by 2026. Colorado’s labor department kicked off a comment process for whether and by how much it should raise its overtime standards, which will continue through Aug. 15. And a bill has been introduced in Maine’s legislature to increase its threshold. There may be others just waiting in the wings: Sonn noted that 16 states filed objections to Trump’s overtime update. “That shows there’s a long list of states that think it’s not enough,” he said. “We may well see them acting in the future.”

Workers in Washington also hope their state can inspire others to act. “So many businesses have built their models around having these free workers,” Kenney noted. “It’s not right, it’s not ethical, and it’s not fair.”

“I’m just hoping more states follow suit,” he said.

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Congressional Dems Are Backing A Tax Plan That Would Actually Help Poor People https://talkpoverty.org/2019/04/15/dems-tax-help-poor-people/ Mon, 15 Apr 2019 17:29:18 +0000 https://talkpoverty.org/?p=27513 Diane Sullivan has bounced between more and less extreme bouts of poverty all her adult life, even though she’s worked since she was 14 years old. She has six children, and while two are no longer in her home, there were times when she was trying to keep them all warm and fed while earning as little as $25,000 a year; at most, she’s earned $39,000 a year.

But she’s had a constant lifeline: the Earned Income Tax Credit (EITC).

When working parents who make less than $55,000 file their taxes, they can expect a credit back that averages a little more than $3,000 every year. Very poor working people without children can also claim a much smaller credit of $295. In 2016, nearly 26 million households received the money, and it lifted 5.8 million people out of poverty. It’s been linked to better health and educational outcomes for kids and their parents.

When Sullivan became a parent for the first time at the age of 18, she got the credit back when she filed her taxes. She’s now 45 and has received it nearly every year since.

“It has literally fed my family” when wages and food stamps didn’t stretch far enough, Sullivan recalled. “I’ve been able to catch up on rent. It’s kept the lights and the heat on.”

Sullivan lives in Medford, Massachusetts, a couple miles north of Boston, and utility costs can skyrocket in the harsh winters even though she carefully keeps dials turned as low as possible. While the electric company can’t cut her off during the worst of it, as soon as that moratorium lifts she’s often been plunged deep into debt — sometimes hundreds of dollars, even during a mild season.

The financial need among EITC recipients is often urgent: Recipients are more likely to file early in order to get the money as quickly as possible, often at the end of January or early February. And like Sullivan, most use the money to pay down bills and debt or to cover their basic needs; in 2015, 80 percent reported using the money to pay rent, mortgages, utility bills, or credit card debt.

“When I receive the EITC credit … I can pay the bill and get caught up, or at least be able to use that to negotiate with a down payment plan,” she said. “It creates such a relief to know that I can rest my head at night knowing that when I wake up tomorrow there’s not somebody creeping outside my door looking for my electric meter to cut it off.”

“Even at times when I haven’t been in crisis, I’ve been able to use my EITC to supplement my income over the next several months,” she added. It’s during those times that the credit has allowed her to send her children on field trips or participate in sports programs. “It can really enhance the quality of life.” One year, after going without a car for a decade, she spent $2,000 to buy one that allowed her to drive to the grocery store, rather than walking home holding groceries with freezing fingers.

But as powerful as the EITC is, there are plenty of people who receive barely any money from it or miss out entirely. In fact, a childless person living right at the poverty line who gets the credit will still owe federal taxes, pushing him deeper into poverty.

A childless person living right at the poverty line who gets the credit will still owe federal taxes.

The EITC is also tied directly to work; it doesn’t start phasing in until a family earns its first dollar. That means anyone who is destitute enough to be getting by without any official pay — either earning under the table or not at all — can’t qualify. The share of people who survive with no job and no government cash assistance has been since the mid-90s, reaching one in five single mothers by 2008.

Some politicians want to fix these problems and go even further. Last week, Sens. Sherrod Brown (D-OH), Michael Bennet (D-CO), Ron Wyden (D-OR), and Richard Durbin (D-IL), introduced legislation to expand the EITC for parents and significantly boost it for the childless — increasing the maximum amount a childless worker could get from $529 to over $2,000. It also allows recipients to access up to $500 ahead of tax time, which would hopefully provide families relief throughout the year, not just in one lump at tax time, so they don’t have to turn to payday lenders or go into debt when emergencies arise. The bill has garnered support from nearly every Democrat in the Senate.

In 2017, Brown and then-freshman Rep. Ro Khanna (D-CA) put forward a plan that would have expanded the EITC even more for a poor family with two children, increasing it from the current maximum of about $5,700 to more than $10,000, while childless workers would see their credit grow six-fold. The two lawmakers, along with Rep. Bonnie Watson Coleman (D-NJ), resurfaced the idea in February and extended it to students and people caring for young children, aging parents, and other relatives — none of whom are currently eligible.

The EITC is “the most effective tool we have to put more money in the pockets of ordinary Americans,” Brown, Khanna, and Watson Coleman wrote in an op-ed in March. “We’ve seen a lot of ideas floated to make our economy fairer and fight income inequality. Expanding the EITC…needs to be at the center of those conversations.”

Diane Sullivan is luckier than some: Beyond the federal EITC credit she can expect every April, she can also count on a supplemental state version that adds another 30 percent of its worth because she lives in Massachusetts. But 19 states don’t have such a program. In addition to a federal expansion, the rest could start their own and ensure that their credits are refundable so that families can get the money whether or not they owe taxes.

“We should acknowledge that theses tax credits are a critical lifeline for families,” Sullivan said.

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