s.e. smith Archives - Talk Poverty https://talkpoverty.org/person/s-e-smith/ Real People. Real Stories. Real Solutions. Fri, 08 Jan 2021 17:03:23 +0000 en-US hourly 1 https://cdn.talkpoverty.org/content/uploads/2016/02/29205224/tp-logo.png s.e. smith Archives - Talk Poverty https://talkpoverty.org/person/s-e-smith/ 32 32 The Dirty Secret of New York’s Coronavirus Response: Prison Labor https://talkpoverty.org/2020/03/10/new-york-coronavirus-sanitizer-prison/ Tue, 10 Mar 2020 20:26:03 +0000 https://talkpoverty.org/?p=28964 Thanks to the novel coronavirus, known as COVID-19, communities across the country are facing a shortage of hand sanitizer, wipes, and related products as people desperately try to stay ahead of an outbreak. In New York State, where the number of cases is steadily growing, the situation is especially serious: Governor Andrew Cuomo just declared a “containment area” in New Rochelle, just outside New York City. In the area, large gatherings are banned and the National Guard will be deployed.

On March 9, Cuomo announced a solution to one element of the supply problem in the wake of New York’s declared state of emergency: The state would start producing its own sanitizer, branded NYS Clean, to get around price gouging and supply issues. To start, 100,000 gallons a week will be distributed in government settings such as schools and prisons (more on that in a moment) as the state increases the speed of production. Cuomo even threatened to make the sanitizer available for commercial sale to counter price gougers, some of whom have already been fined for taking advantage of the public health emergency.

It’s the kind of bold statement designed to make a splash, but there’s little acknowledgement of who is responsible for making the product at speeds that allowed the state to ramp up production so quickly. The product is manufactured by Corcraft, which is the brand name for products produced by  the New York State prison system. “Employees” at Corcraft are incarcerated people making an average of $0.62 an hour.

Corcraft and entities like it across the nation benefit from a literally captive workforce. 50,000 people are incarcerated in New York’s state prisons, and while not all of them work for Corcraft, many do, producing things like license plates, desks, textiles, janitorial supplies, and even eyeglasses. These products are in turn sold to government agencies, educational institutions, first responders, and select nonprofits by Corcraft as a “preferred source.” These entities have to “look to Corcraft first” as a supplier, even if they’re opposed to the use of incarcerated labor.

Across the nation, incarcerated workers generate billions in revenue for the prison system, making pennies on the dollar and in some cases nothing at all for their work. While some might consider it slavery, it’s entirely legal under the 13th Amendment, which permits slavery or involuntary servitude “as punishment for a crime.” Nationwide, incarcerated people pave roads, maintain state parks, fight fires, grow crops, and manufacture scores of items.

Here’s a real bitter twist: According to Keri Blakinger and Beth Schwartzapfel at the Marshall Project, incarcerated people aren’t necessarily allowed to use hand sanitizer in jails and prisons. These workers are making a product they aren’t permitted to protect themselves with, even as conditions in jails and prisons can be extremely dirty, with even basic sanitation challenging. Sinks may be broken, sometimes no soap is provided so incarcerated people have to buy it from the commissary, and facilities are crowded.

Workers are making a product they aren’t permitted to protect themselves with

This is already a dangerous combination for the spread of infectious diseases such as hepatitis a — which is spread through unwashed hands — and influenza. Many prisoners are also trying to manage chronic illnesses like diabetes and HIV, which can make them vulnerable to infection. The response to concerns about infectious disease may be to “quarantine” sick people in isolation, an unhealthy and dangerous approach to controlling infectious disease that comes with significant mental health effects.

As New York’s Department of Corrections implements COVID-19 policies such as screening visitors, it repeats public health recommendations for “all individuals within its facilities” —  wash frequently with soap and water for at least 20 seconds, use hand sanitizer when water is not available, keep your hands away from your face, and stay home when you are sick — all of which may be, to put it mildly, a challenge for incarcerated individuals.

Incarcerated people are commonly called upon to take personal safety risks for those who are not in jail or prison, as in the case of firefighters across the West who work alongside professionals in better gear, knowing that their training may not be transferrable to jobs on the outside thanks to their criminal records. Still, asking people to whip up 75 percent alcohol hand sanitizer for the health and safety of civilians while they’re struggling for scraps of soap in the midst of a public health emergency is truly a new low.

Access to tools to prevent the spread of disease and to protect people who are particularly susceptible to COVID-19 — such as those living in institutions like jails and prisons — is vital. There’s ample guidance from experts on highly effective ways to protect ourselves, but people in carceral settings can’t access the basic things required, such as sanitation supplies and tissues so they can cover their mouths and noses when they sneeze or cough.

If there’s an outbreak in a prison setting (something that may be inevitable in a confined, unhealthy, unsanitary environment), it will be because of the refusal to make changes to the rules in order to allow people to protect themselves.

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The Trump Administration Has a New Stealth Approach to Kicking People Off Disability https://talkpoverty.org/2019/12/19/trump-stealth-kicking-off-disability/ Thu, 19 Dec 2019 16:57:02 +0000 https://talkpoverty.org/?p=28243 Even though I’m a lawyer, receiving a letter in the mail from the Social Security Administration still triggers a panic attack. My heart races, I get nauseous, and my hands shake.

Lately it’s gotten worse. A letter earlier this month made me feel suddenly lightheaded as my vision started to fade. As I sat on the floor, my mind raced through all of the potential bad news the envelope could contain for a disabled Supplemental Security Income recipient like myself.

Many more people could soon be in the same position, more often. A new proposal from the Social Security Administration would cut $2.6 billion dollars over the next decade from the two core programs it runs that comprise the disability safety net: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The cuts would start with letters — 2.6 million more of them.

A letter is the first notice a disabled recipient of SSDI or SSI gets that they’ve been selected by Social Security to undergo a “continuing disability review” (CDR). As the agency puts it, CDRs are used to “determine if disabled beneficiaries still meet the medical requirements for eligibility.” In other words, a CDR is a kind of “are you still disabled enough for SSI or SSDI” audit.

After the audit, if Social Security believes a beneficiary’s medical condition has improved such that they no longer meet Social Security’s stringent criteria for disability, their benefits are terminated. It is now much easier for Social Security to say that a disabled person has medically improved thanks to a 2017 rule change that allows the agency to disregard medical evidence from a beneficiary’s own doctors. Benefits are also terminated if the disabled person does not respond to the CDR.

The Social Security Administration is proposing a dramatic ramp up in the number of CDRs it conducts, adding an additional 2.6 million of them over the next decade. And that’s not the only change Social Security wants to make to the CDR process.

When an applicant is approved for disability benefits, Social Security assigns them to a category that determines how often they must go through a CDR. If Social Security thinks a disabled person’s medical condition is expected to improve, they set a CDR for every 6 to 18 months. If it’s possible the medical condition will improve, they set a CDR for every three years. And if the person’s medical condition is not expected to improve, they set a CDR for every 5 to 7 years.

Social Security officials want to create a new category, “medical improvement likely,” that will get a CDR every two years. And they propose to move hundreds of thousands of people from less frequent CDR categories into the new category.

The vast majority of disabled people receiving SSDI and SSI are not represented by counsel through the CDR process. The maximum amount that SSI will provide to a disabled beneficiary is just 74 percent of the federal poverty level — currently $12,490 for an individual. As of November 2019, the average SSDI benefit was just $14,855 per year. Most SSDI and SSI beneficiaries simply do not have the money to hire someone to help them navigate the CDR process. Instead, they find themselves facing the byzantine, and all too often hostile, bureaucracy of the Social Security Administration on their own — something that I find daunting even with the benefit of a law degree.

SSA provides no estimates of the number of people who would be affected.
– Kathleen Romig

Social Security is also proposing to focus the targeting of those CDRs on disabled children, people with certain medical conditions such as leukemia, and disabled older adults. Under the new rule, many disabled children would face a mandatory CDR at six years old and another mandatory CDR at 12 years old.

In both adults and children, the rule would change the category of certain mental health conditions including anxiety-related disorders, depressive, bipolar and related disorders, attention-deficit hyperactivity disorder, and impulse control disorders to a CDR every two years.

But Social Security has not provided estimates of how many disabled people from each of those groups will be impacted. In fact, Social Security hasn’t released any estimates of how many people will be impacted, period, only the number of CDRs it expects to undertake. (A single person could face multiple CDRs in that time period.)

Kathleen Romig, a senior policy analyst at the Center on Budget and Policy Priorities, explained by email that “SSA provides no estimates of the number of people who would be affected. No number of people who will be subject to additional reviews. No number of people who will be terminated.”

Instead, Social Security just published the projected cuts of $2.6 billion. That leads Romig to believe the agency has data it isn’t releasing: “They DO have a number of program dollars saved — in fact, two numbers, one for SSDI and one for SSI. I think it stands to reason that SSA has estimated how many disability beneficiaries would be cut off and they are withholding it. I’ve never seen the estimated number of people left out of a proposed rule; it’s a vital piece of information.”

The rule is open for public comment on regulations.gov until January 31, 2020.

 

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Conservative Arguments For the Latest Food Stamp Cut Are Bogus. Here’s Why. https://talkpoverty.org/2019/12/06/food-stamp-cut-bogus/ Fri, 06 Dec 2019 18:08:27 +0000 https://talkpoverty.org/?p=28191 On Wednesday, the U.S. Department of Agriculture (USDA) announced that it had finalized a pending rule on the Supplemental Nutrition Assistance Program (SNAP, or food stamps) that will affect nearly 700,000 able-bodied adults without dependents (ABAWDs). Areas with insufficient jobs will no longer be able to receive waivers for SNAP’s three-month time limit; ABAWDs will need to work, volunteer, or participate in job training for at least 80 hours a month to maintain eligibility, though the USDA is not providing supportive resources to help people get and keep jobs. In essence, this is a plan cruelly designed to terminate nutrition benefits.

This was the first of three SNAP-related rules introduced by the administration this year. If all three are finalized, they will have a cumulative effect of taking critical nutrition assistance from more than 3 million people.

The Trump administration’s attack on SNAP is nothing new; for decades, presidential administrations as well as members of Congress have been attempting to push people off SNAP, as seen under the Reagan administration, in 1990s welfare reform, and 2018’s farm bill. Selecting ABAWDs as a target was no coincidence; the policy is complicated and confusing, and though it has extremely high stakes for those affected, their voices are rarely heard.

More than that, though, it’s a rule ripe for generating arguments about personal responsibility, hands up instead of hands out, and the “dignity of work.” This talking point made a return appearance in a press release from Rep. Kevin Brady (R-TX) and an op-ed from Secretary of Agriculture Sonny Perdue, who has apparently never labored under the oppressive eyes of a ruthless algorithm at an Amazon warehouse, or defended himself against violent customers attacking him over a McDonald’s counter.

Conservative policymakers rely on language like this to drive home the idea that programs like SNAP, along with housing vouchers, Medicaid, and other elements of the social safety net, are handouts encouraging dependence rather than part of the social contract. In cuts to programs like these, the argument is that without stricter guidelines, poor people will “lazily” rely on benefits.

This framing can also be seen in incidents like a flashy campaign to highlight corporate tax dodging that stigmatized public benefits, rather than focusing on the need for corporations to pay not only taxes, but fair wages.

Some may defensively and correctly note that many people subject to work requirements are already working; in 75 percent of SNAP households with someone who is subject to existing work requirements, for example, someone has worked and/or will work within a year of receiving SNAP. Furthermore, some people considered able-bodied for the purposes of SNAP are in fact disabled.

It’s also important to be aware that the overall quality of jobs in the United States has gone down. In some cities, as many as 62 percent of workers are employed in “low-wage” jobs. 30 percent of low-wage workers live at or below 150 percent of the poverty line. And while Perdue commented on Twitter that “there are currently more job openings than people to fill them,” getting a job in a nation with very low unemployment can actually be challenging, particularly for people with limited education or trade skills and obligations that may not show up on SNAP paperwork.

Ample evidence dating to the 1970s, when they were first implemented with then-food stamps, demonstrates work requirements are ineffective when it comes to meeting the stated goal of fostering independence; “work or starve,” as NY Mag put it, does not result in systemic change. While people subject to work requirements may experience a moderate uptick in employment, it fades over time, suggesting the effects are not lasting.

There’s no evidence to support punitive measures like these.

In some cases, people actually grew poorer over time; the current ABAWDs requirements have people working 80 hours a month, but accept volunteering and training programs in addition to work hours, which are not necessarily avenues to making enough money to survive. When participants are involved in voluntary, rather than mandatory, work and training programs, on the other hand, they’re much more likely to experience improvements.

Meanwhile, SNAP contributes about $1.70 to the economy for every dollar spent, and can help insulate workers from shocks like recession and job loss. These benefits are tremendous poverty-fighting tools. Making SNAP harder to get will make it difficult to get people onto SNAP quickly when unemployment starts to spike, hurting local economies in addition to making it hard for families to feed themselves.

SNAP is not the only program being targeted with work requirements. Multiple states have pushed for Medicaid work requirements, though thus far every one has backed down or faced a legal challenge. Programs such as SNAP and TANF, notably, already have work requirements, they just aren’t stringent enough in the eyes of some critics.

There’s no evidence to support punitive measures like these. They do not improve employment rates or fiscal independence. It’s important to acknowledge this, but not at the cost of the larger point: SNAP exists to bolster access to nutrition in the United States through a variety of means, whether allowing people to pick up what they need at the grocery store or certifying children for school lunch eligibility.

SNAP doesn’t just need to be defended; 62 percent of voters actually believe the extremely popular and effective program should be expanded. The United States should increase the availability and quality of benefits, and eliminate bizarre and restrictive limitations on the program, such as the ban on hot food. When people lack access to stoves or microwaves, refusing to allow them to buy hot foods is cruel, and undermines the USDA’s own goal to “do right and feed everyone.” And it should streamline SNAP benefits — something under attack with the USDA’s proposed rule around Standard Utility Allowances (SUAs), which would make it harder for people to get SNAP benefits when they need them.

The nation must change the way it talks about programs like SNAP; they aren’t something to be ashamed of, or evidence that someone has failed. They are instead evidence of a belief that everyone deserves access to a standard of living that meets their needs, freeing them to lead their best lives.

 

 

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Don’t Count on Big Tech to Fix the Bay Area’s Housing Crisis https://talkpoverty.org/2019/11/18/tech-bay-area-housing-crisis/ Mon, 18 Nov 2019 16:54:46 +0000 https://talkpoverty.org/?p=28143 Recently, Apple joined Facebook, Google, and a number of other tech companies pledging to make investments in increasing housing affordability in the Bay Area. Tech giant Amazon is also funding construction of a shelter for people experiencing homelessness in Seattle, with a number of bathrooms that may rival those in Jeff Bezos’ 27,000 square foot D.C. residence.

These moves, in communities in which tech companies have extracted special tax treatment and other benefits for decades, are supposedly meant to increase “affordable” housing stock. But for many area workers, including those at tech companies, the new housing will remain out of reach.

Apple’s plan calls for $2.5 billion in spending, including $1 billion in an affordable housing investment fund and $1 billion in first-time buyer mortgage assistance. It is the most generous of recent rollouts. Facebook committed $1 billion to the construction of 20,000 units, use of land owned by the company, and construction of housing for “essential workers” like teachers and firefighters. Google similarly offered $1 billion, primarily in the form of land. Meanwhile, philanthropic ventures such as The Bay’s Future, driven by tech company executives, are also pledging to wade in to the fight for affordable housing in the Golden State.

“It’s a good thing these companies stepped forward,” said Jeffrey Buchanan of Silicon Valley Rising, a coalition campaign that includes unions and local advocacy groups. “There’s a huge need for financing” of the type that these commitments will provide.

But the problem of housing in the region isn’t just one of money, he explained. It also involves policy, better wages, and responsibility on the part of companies rapidly building up their campuses without adding complementary housing to prevent displacement — and ensure their own workers are housed.

Research indicates California needs 3 million new housing units by 2025; the Bay Area alone needs at least 187,000 units across all income levels according to the most recent state projection. 41.5 percent of households in the Bay Area are cost-burdened, meaning they spend more than 30 percent of their incomes on housing. 25,000 workers a day endure “super-commutes” of more than 90 minutes as they struggle to get from affordable communities to work in Silicon Valley.

In its recent “Out of Reach” report, the National Low-Income Housing Coalition found that the Bay Area’s housing wage — the amount of money you need to afford a two-bedroom apartment — ranges from $41 to $91 per hour. Statewide, workers need to work 116 hours a week at minimum wage to afford housing.

Meanwhile, a deeper look at many of the tech companies’ proposals furnishes vague details, though much talk of “affordable housing.” Many of the plans explicitly state the intent to produce mixed-income housing, rather than 100 percent affordable developments, something developers argue is usually necessary to make a development viable, especially in areas with high construction costs.

The definition of “affordable housing” in the Bay Area may surprise those who aren’t California residents. Low-income housing, defined by the Department of Housing and Urban Development as 80 percent of the area’s median income of $136,800, is still $129,150 for a family of four, and households making $80,600 are considered “very low-income.” “Extremely low-income” is $48,350.

The percentage of set-asides for affordable units varies; Facebook recently pledged 225 of 1,500, or 15 percent, of a planned Menlo Park development’s units for “affordable” housing. Notably, inclusionary zoning requirements in some Bay Area cities, like San Francisco, already force developers to include a set number of affordable units or pay in-lieu fees, and developers also benefit from incentive programs for constructing affordable housing. Thanks to state and federal policy, noted Buchanan, these units will eventually expire, with pricing jumping up to market rate.

While housing affordability for those outside the tech industry who feel squeezed by mounting costs driven by high tech company income is a significant issue, it’s a problem within the industry too, where all tech workers are not created equal. For employees in technical roles — such as developers, site reliability engineers, and more — it’s possible to afford to buy or rent housing units. Likewise for those in high-level non-technical roles, including attorneys, marketing executives, and some managerial positions.

But for the workers in the non-technical pipeline, including assistants, operations personnel, researchers, and customer service representatives, there’s a tremendous pay disparity — one that is exacerbated for contract workers, who are becoming a growing part of the tech workforce because of their low cost and shielded liability. Those workers are sleeping in their cars in the parking lots of their employers because they cannot afford housing, cleaning toilets, cooking food, driving buses, and providing security at marginal pay. When they’re not at companies like Facebook and Google, some are taking up shifts elsewhere, driving for ride shares, and hustling to pay the rent.

Research indicates California needs 3 million new housing units by 2025.

The tech companies’ plans lean heavily in to the popular argument that the affordability crisis in the Bay Area is one of availability; building housing, at any price point, is supposed to relieve this pressure. Advocates across the state are also pushing for rollbacks of density restrictions that limit the height and number of units that can be built, and promoting the of accessory dwelling units — also known as in-laws or granny units — to rapidly increase access to housing. Buchanan notes a growing interest in the use of co-housing — community living that integrates public and private spaces in a planned development — as well as community land trusts, which steward land to promote affordable housing, retaining ownership of the land while encouraging affordable development that gives residents a stake in their homes.

Not all advocates are convinced that this approach, known as filtering or trickle-down housing, is effective. Some raise concerns about the risks of displacement and gentrification, describing this as “a problem of equity and access,” not simply a question of housing units by the numbers. “YIMBYs,” wrote a collective from the LA Tenants Union, referring to boosters who push for filtering, “do not support empowering and protecting tenants through policies like right to legal counsel, just-cause eviction, and rent control. They overwhelmingly ignore the possibility of increasing supply with public or social housing.”

The policy struggles over housing highlight that simply building more isn’t always an option, speaking to deeper systemic problems that make it hard for people to find safe, sanitary, affordable housing in their communities. And even if building more housing is possible, say community organizations, that’s only one part of the solution to a complex problem.

Companies like Facebook and Apple are pledging to collaborate closely in public-private partnerships with policy-forward solutions, while still implying that privatizing public services is the only way to fix them. As long as tech companies dodge taxes, accept handouts and incentives, and receive preferential treatment, while relying on large philanthropic gestures to distract from their business practices, it’s hard to determine how much they can truly contribute to local economies.

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Dangerous Jobs. Harassment. Long Hours. Welcome to Court-Ordered Community Service. https://talkpoverty.org/2019/10/24/court-ordered-community-service-inequality/ Thu, 24 Oct 2019 17:35:27 +0000 https://talkpoverty.org/?p=28072 Selena Lopez, 24, had several interactions with the criminal legal system before she was sentenced to a brief jail stint for burglary and offered community service as an option. From the start, she felt unsupported by the system.

“I was homeless, looking for a place to live, and trying to get into a drug treatment program,” Gomez told TalkPoverty. “I couldn’t afford to enroll at a volunteer center and do my hours.” Her struggle to fulfill the terms led her down a rabbit hole of unsympathetic judges, sexual harassment, and dangerous working conditions.

Several recent high-profile cases have put court-ordered community service like that Lopez experienced into the headlines. So has a University of California, Los Angeles study that took a close look at how community service is used in LA County, and the wildly disparate outcomes within the county’s court-ordered community service framework. Limited research on this subject is in circulation, but the information from Los Angeles suggests tracking and quantifying data around community service nationwide might yield important insights into a little-researched aspect of the legal system. As with other elements of the criminal legal system, class and race heavily mediate the kind of service people engage in and how many hours they are ordered to complete.

The researchers found significant racial disparities, with Latinx and Black people being more likely to serve community service as a result of disparities in citations, arrests, and charging decisions. For example, in traffic cases that resulted in community service, which involve infractions like speeding and failing to stop, 81 percent of workers were Latinx, out of proportion with LA’s roughly 49 percent Latinx population, and 8 percent were Black.

They also found a high percentage of people who could not afford attorneys (78 percent) amongst those who performed community service, while 16 percent had limited English proficiency and needed translators in court. This paints a profile of a predominantly low-income population — 89 percent of those serving community service in the cohort they studied were low-income — of color, with substantial numbers of immigrants.

Around 100,000 people are sentenced to community service in LA County every year, serving the equivalent of 4,900 full-time, paid civilian jobs and 1,800 government jobs. The number of hours of labor this represents, and the significant cost savings for community service sites, is tremendous. Noah Zatz, a UCLA law professor and lead author, told TalkPoverty, “We were startled to see just how high the hours were for many people, people getting hundreds or even thousands of hours.”

The report argues this is a form of extractive labor that stacks on to existing “poverty penalties” in the criminal legal system, in addition to driving inequalities on work sites, where people completing community service work side-by-side with paid parties in everything from municipal animal shelters to for-profit nursing homes, but without the same benefits, protections, and wages.

Lopez recalled that at one placement, she was ordered to engage in unsafe activities like cleaning bathrooms with a mixture of bleach and ammonia. At another, she said she was forced to mop on her hands and knees in a kitchen surrounded by men who stared at her, but she had to “swallow that pill and push through” after the supervisor threatened to “throw out all my hours.”

“In addition to the direct displacement dynamic,” noted Zatz, referring to paid workers who might lose out on roles filled by community service, “the other dynamic at play is that these assignments function as a form of subsidy to nonprofits.” Government agencies also experience big savings through community service; over half of the cases the researchers looked at involved CalTrans, the state’s highway construction and maintenance agency.

The reliance upon free labor is troubling.

Community service is sometimes represented to members of the public as a compassionate alternative to jail time and a way to “work off” court-imposed debts. In fact, it can create significant hardships. People may struggle to complete high numbers of hours on top of their paid jobs and other obligations, such as school and child care. When Lopez struggled to complete her service and asked for help, judges were unsympathetic; it ultimately took the help of an attorney with A New Way of Life, an advocacy organization that works with women leaving prison, to get the court to work with her. The court agreed to accept volunteer hours she served at organizations not on its officially sanctioned list, acknowledging her work with community advocacy organizations.

The researchers noted that disability can also be a factor; the study cites one disabled person who was sentenced to 60 hours of work they were unable to perform and ended up with 180 hours of “light” service. Zatz notes that people receive more credit for physically demanding work, which creates inherent inequalities for disabled people.

And some still owe court-imposed fines and fees that can’t be worked off by laboring on construction crews or organizing files at the sheriff’s office, with 86 percent of those involved in criminal cases making payments that averaged $323 on top of their service. That’s, of course, after they’ve paid the fee for placement at a community service work site recognized by the court.

Many members of the public may not be aware of the close ties between court-ordered community service and the mounting crisis of court fines and fees. Nearly every state has seen steep increases, many of which are established in rigid fee schedules that judges can’t change. In many cases, courts are offering community service as a way to “pay off” the very fines the court has imposed, though they could conduct ability-to-pay assessments to determine whether those fines are realistic. For some, the only way to resolve these debts is to work, providing free labor to participating sites.

The reliance upon free labor is troubling for the researchers. Whether people are engaged in community labor, which includes a physically demanding element like working on a road crew, or community service, like volunteering at a thrift store, they are treated as a cheap and disposable resource. Not only are they not paid for their time, they’re not provided with meaningful skills and a path to advancement, with very few people hired on by the agencies and organizations they work for. These organizations can also be choosy, indicating that they won’t work with people convicted of certain kinds of crimes, which makes it harder for them to complete court-ordered community service.

At a time when labor organizing is in resurgence, community service represents a largely unexplored aspect of the labor movement. Some participants in community service programs are working alongside union members who have fought for robust contracts that include fair pay and benefits as well as protected working conditions. Community service workers don’t benefit from those contracts and are in fact sometimes forced to sign waivers explicitly identifying them as volunteers and giving up certain workplace rights and protections.

Reforming court fines and fees to address the modern-day debtor’s prisons and coercive labor conditions across the United States is critical, as is coming up with alternatives to incarceration that do not involve exploitation. Community service as it exists now could also be reformed; people could be provided with job training, meaningful pay, and other supports to turn a court-ordered job into economic opportunity, something people like Lopez, who’s been sober three years and is currently pursuing a college education, could have benefited from.

Until then, members of the public may want to look twice at community service’s role in their neighborhoods.

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Disabled People Scramble to Cope When California Kills Power to Prevent Wildfires https://talkpoverty.org/2019/10/04/prevent-power-wildfires-disabled/ Fri, 04 Oct 2019 17:19:41 +0000 https://talkpoverty.org/?p=28015 This week, California Democratic Gov. Gavin Newsom signed a package of 22 laws aimed at fighting wildfires and addressing the utilities that have played a growing role in the state’s wildfire season, one made more severe by climate change. The deadliest fire in modern California history started with malfunctioning electrical equipment that sparked a blaze which ultimately spanned 153,000 acres and killed 85 people, dealing out $16.5 billion in damage.

Despite hazardous conditions in the days before the Camp Fire became a conflagration, Pacific Gas and Electric company elected not to take advantage of one of the most aggressive and effective tools in its wildfire prevention arsenal: De-energization, also known as a public safety power shutoff (PSPS).

According to California’s Public Utilities Commission, in 2015, the last year for which data are available, utility lines accounted for just 8 percent of fires, but they burned 150,000 acres, more than all other causes combined. Many of the state’s lethal fires have been attributed to power equipment. Utilities may opt to de-energize their lines when a lethal combination of weather factors converge: It’s hot, dry, and extremely windy.

While utilities determine when to make the call in different ways, the National Weather Service red flag warning of increased fire risk is often a factor. More than 50 percent of Northern California alone is at “elevated” or “extreme” fire risk, putting hundreds of thousands of residents in the danger zone. California’s Public Utilities Commission is deep in the heart of rulemaking around the relatively new approach to wildfire prevention as the state also explores options like burying utility lines and more aggressive vegetation management for preventing utility-associated wildfires.

But de-energization comes at a cost. When it occurs, customers can be without power for hours or days. Utilities are supposed to provide advance notice, but some customers say that’s not happening. Instead, they complain recent Pacific Gas and Electric and Southern California Edison shutoffs have occurred with insufficient notice and been accompanied with outdated, confusing information on estimated time of power restoration, including lags in translating outage information.

This is a particular concern for customers who are electricity-dependent. In any given outage block, there may be hundreds or thousands of customers who registered with the utility to indicate they rely on medical equipment to stay healthy, and, in some cases, to stay alive.

Known as “medical baseline customers,” they may require ventilators and similar life support equipment, while others have conditions that can become uncomfortable or dangerous without medical equipment and cooling systems, or have medications that must be refrigerated. In recognition of their increased energy needs, utilities provide them with an extra allotment of energy at the base pricing tier. Other customers may have similar electricity needs despite not being enrolled in the medical baseline program, for a variety of reasons.

Utilities are supposed to be proactive about providing early and frequent notice to medical baseline customers to ensure they’re aware of the possibility of an outage. Kari Gardner, Southern California Edison’s Senior Manager of Consumer Affairs, explained that Edison, like PG&E and other utilities, has a multi-step warning process including a two-day warning that an area is being monitored, a one-day notice, and, ideally, one to four hours of notice before an area is de-energized, though rapidly-changing weather conditions can make this challenging. The utility, she said, is always working on better ways to reach customers, with a particular focus on medical baseline customers; the utility sends out door knockers for notification if they can’t get through on the phone, for example.

Jill Jones, who lives in Sonoma County near the site of 2017’s infamous Tubbs Fire, an area primarily served by Pacific Gas and Electric, is not a medical baseline customer but does have a condition called hereditary angioedema type III, which causes sudden intense swelling, including of her airways. She needs air conditioning and a low-stress life to reduce the risk of swelling episodes, and she also relies on a very expensive medication that must be refrigerated. “As soon as the air conditioner stops, the clock… when I will have an attack starts ticking fast,” she said.

Her condition was foremost on her mind when warnings of a possible shutdown started swirling in late September. Jones tried to track information about de-energization events through the PG&E website as well as social media. “They did not respond to my pleadings for them to consistently post updates. Their website and its map were either not updated and had info only from the day or two previous,” she said, noting the utility’s social media was slightly more current, but that not everyone could access it. She turned into an information conduit for those with limited computer literacy struggling for access to current information.

Lack of clarity led her to pack up and leave to stay with family outside the threatened zone, fearing that her power might be cut. “I have had to set up an emergency ‘go bag’ with a plan and network of family ready to house and come get me should we experience a Public Safety Power Shutoff. We have had to set up my parents’ RV to be ready to both run AC and safely house my medications should we lose power,” she said.

This issue isn’t just access to accurate and current information in multiple common languages about the possibility and status of a de-energization, though. The state’s information site, with language borrowed by the utilities, includes planning that is not necessarily practical or accessible for all medical baseline customers or others who rely on electricity for survival. Planning ahead for customers with medical needs is expensive, and disabled people are at a much higher risk of poverty — 26.8 percent compared to 10.3 percent for nondisabled people. In rural areas like those prone to shutoffs due to worries about vegetation on utility lines, that risk is even more extreme.

We have had to set up my parents’ RV to be ready to both run AC and safely house my medications.
– Jill Jones

Recommendations include suggestions to buy generators or backup batteries, which are costly, and not always safe or practical in apartments and some rental single-family homes. Customers are also advised to “stay with a friend,” for those who can travel and have friends with accessible homes outside the range of the de-energization. The utilities operate respite centers with power and cooling, but they’re only open during the day.

This is something Gardner says utilities recognize when making the call for a PSPS and developing resources for medical baseline customers who may be caught up in fire prevention efforts. Utilities and the state are both working on programs to increase the affordability and practicality of emergency planning. One of the new bills Newsom signed encourages utilities to provide more support; tools such as microgrids and backup batteries can help electricity-dependent customers and their larger communities.

“What needs to happen is a genuine consideration of the risks of keeping the system on versus the risks of shutting it off,” said Melissa Kasnitz, a disability rights attorney with the Center for Accessible Technology. “Right now, utilities are only focused on one side of that equation.”

Kasnitz noted that while ventilator users and others with devices that require electricity may come to mind, there are other implications for medical baseline customers. For example, like Jones, diabetics need to keep medication in the fridge. In a country where one in four diabetics reports rationing insulin due to cost, losing a supply could be devastating.

Similarly, people relying on the Supplemental Nutrition Assistance Program could lose all their food in an outage, with no budget for buying more — and the utility isn’t liable for that loss. And, said Kasnitz, people who work low-wage jobs who miss work because their employers can’t open might have to reshuffle their finances, putting prescription medication behind food or other needs.

Those customers might not necessarily be registered as medical baseline customers, highlighting the ripple effect of these outages, though she is swift to note that wildfires are also tremendously disruptive and sometimes fatal.

The debate over de-energization pits competing public health interests against each other, and it also has stakes far beyond California’s borders. Utilities in other states may begin to consider de-energization as an option in dangerous wildfire conditions with climate change increasing hot, dry weather. Disability advocates hope that consideration includes better planning for electricity-dependent customers with limited means as California learns how to navigate its new landscape. That’s something Gardener says is on Edison’s mind: “I want our most vulnerable customers to know that we do recognize that there’s additional risks when outages occur.”

 

 

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Low-Income Students Are Returning to Dangerously Hot Schools https://talkpoverty.org/2019/09/05/students-hot-schools/ Thu, 05 Sep 2019 15:14:49 +0000 https://talkpoverty.org/?p=27949 This week marks the last of the first days of school. In some school districts, classes have already been in session for several weeks, and they’ve been hot ones. Teachers are bringing fans from home and schools are closing because temperature control is too challenging.

Alex, a teacher in the Bay Area, says conditions in her school have been particularly bad this year; many buildings in the region are not designed for high heat, thanks to the historically temperate climate. Her classroom doesn’t have openable windows, so she uses a fan to try to suck air in from the cooler hallway, but it’s not enough.

“Students will ask to go to the bathroom more often just to get into the hallway where it’s cooler,” she told TalkPoverty. She said the heat makes students feel sluggish and unfocused, a problem particularly acute for young women in her class who struggle with body image, and stay tightly wrapped up even in high temperatures. “I also notice that I tend to run out of energy a lot faster on hot days.”

Not ideal for a high school teacher trying to keep order in a classroom of 16-year-olds, even one who loves her job and is passionate about education.

This is a problem that’s only going to get worse due to the confluence of rising temperatures thanks to climate change — average temperatures in the U.S. could increase by as much as 12 degrees Fahrenheit by 2100 and have already risen several degrees since 1900 — and declining school funding. Schools that don’t overheat today are going to in the future.

Education budgets were cut deeply during the Great Recession and some states haven’t returned to their pre-Recession funding levels; capital spending across the country hasn’t recovered to pre-recession levels either. As a result, schools that urgently need temperature control updates along with other infrastructure improvements face an uphill struggle to increase their budgets.

Overheated classrooms aren’t just uncomfortable. They can actively inhibit health and learning. There’s a large body of evidence showing that air conditioning can improve student health and academic performance, and research as far back as 1984 on the effects of learning in a hot classroom.

A May 2018 paper found that a temperature increase of just one degree can reduce the amount learned over the course of the school year by 1 percent. The researchers estimate that around 30 percent of schools in the U.S. lack air conditioning, and that even within hot areas with widespread air conditioning penetration, kids in low-income schools are less likely to have access to have cooling at school.

They also argue systemic inequality can exacerbate this phenomenon among low-income students of color, who live in hotter regions and are more likely to attend schools without adequate temperature control.

Jisung Park, one of the researchers, said that, “What we’re finding is totally consistent with the last mile of the school desegregation movement not having been completed … the neighborhood-level disparities driven by residential wealth still very much hold true.”

Park, an environmental economist, is swift to note that simply installing air conditioning — itself a known contributor to climate change — is not the solution. Greening electric infrastructure, taxing carbon, and taking other measures to tackle climate change is key, he said.

So is investing in school infrastructure, including new buildings; maintenance to bring schools up to new standards; and retrofitting to help schools adapt, inside and out, to climate change. That must include rich and poor districts alike, or the inequalities they observe will perpetuate themselves.

An Oklahoma educator who works in a school with a high percentage of low-income black students sees the consequences of being housed in outdated school buildings without adequate resources firsthand. Her classroom can get up to 80 degrees, and it takes a noticeable toll on her students. “I’m trying,” overheated students will tell her. “I’m tired, it’s too hot in here.”

Overheated classrooms aren’t just uncomfortable. They can actively inhibit health and learning.

Her school actually has a climate control system, complete with thermostats in every classroom. But it is not well-maintained. It can take hours for the district to respond when teachers put in a request for help.

For one of her colleagues across the hall, that means suffocating in heat as high as 90 degrees until her class is relocated to a comparatively cooler spot. But, she says, in the state with some of the worst education funding in the country, there are so many things going wrong that overheated classrooms aren’t at the top of her list.

This isn’t just a problem indoors. It’s also an issue in the schoolyard. Schools serving low-income students tend to have less greenery, and that’s not just an aesthetic problem. Trees, shrubs, and other plants can help to control temperatures, including indoors, when they’re planted strategically to provide shade to a building’s hot spots.

The lack of shade also increases exposure to harmful UV radiation on the playground, setting kids up for future health inequalities. From the moment they walk into school for the first time, some students are set up for failure, with Park noting that access to greenery can improve temperature control, but also offer mental and physical health benefits.

Oklahoma is not the only state struggling with school infrastructure, from campus trees to sound roofs. Across the United States, kids are attending classes in outdated, poorly-maintained, inadequate, and sometimes unsafe buildings. Schools across the country are struggling with lead contamination. Environmental Protection Agency regulations govern schools that maintain their own water supplies, but not those using municipal water that may get contaminated on its way to the tap. Kids are overheating, and they can’t even drink the school’s water.

It will cost $200 billion nationwide to bring America’s schools into good condition.  But schools, especially low-income ones, face a funding crisis. They rely on property tax revenues alongside some state funding to fund capital improvements, pay teachers and staff, and cover the numerous other expenses associated with running a school. Wealthy districts have a larger tax base and more access to loans and bond issues, and consequently spend more; their students are more likely to attend class in appropriately-cooled classrooms, to drink from lead-free taps, and to have access to well-maintained amenities.

“Targeting school facility upgrades should be part of a long-overdue federal infrastructure bill,” said Park, “or an education reform package.” Modernizing, and installing, HVAC systems is not a trivial task. Failure to make these investments, however, will keep low-income children in the U.S. at a permanent, sweaty, disadvantage.

Editors’ note: By request, the teachers in this article have been anonymized.

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Waiting For A Check To Clear Sucks. The Fed Wants to Fix That. https://talkpoverty.org/2019/08/16/waiting-check-clear-fed-fix/ Fri, 16 Aug 2019 14:07:05 +0000 https://talkpoverty.org/?p=27885 Many people have shared the experience of depositing a check and then waiting while it takes days to clear; the money is there, but not there.

For low-income people, that experience isn’t just annoying. It can also be a real financial hardship. Mismatches between available funds and expenses can create a spiral of bank overdraft fees and denied transactions, and the deeper in someone gets, the more insurmountable it can feel.

“It’s very embarrassing,” a commenter told TalkPoverty, describing a day of being hit with three separate overdraft fees while waiting on  processing for a paycheck.

That’s something that could change as early as 2024 with a proposed real-time payments system recently announced by the Federal Reserve, America’s central bank. With FedNow, as it’s being called, funds could be moved any day, any time, nearly instantly.

The move is long overdue and has big implications for people who cannot afford to wait for a transaction to clear, such as the 1.8 million people earning minimum wage or less. A waiter making a tipped minimum wage, for example, can ill afford to deposit a paycheck and wait for it to clear with their rent deadline looming, and the technology already exists to fix the problem.

Real-time payments are used all over the world to move funds rapidly; they are a type of “faster payments,” which speed the payment process relative to the current standard, but they aren’t just faster. They are, as the name implies, virtually instant.

The United States, though, has remained stuck in the past with an outdated payments system created decades ago that doesn’t operate every day or at all times throughout the day.

In places such as Mexico, the U.K., Japan, Australia, and Turkey, both private firms and central banks own and operate faster payment systems — and in the U.S., a consortium of banks known as the Clearing House operates its own, called, creatively, RTP (for Real-Time Payments). RTP has been rolling out since 2017, and is open to all federally-insured financial institutions. The Clearing House claims RTP is active on 50 percent of direct deposit accounts in America, but the service’s initial customers were the same larger banks that make up the Clearing House.

These account for a large volume of American bank accounts, but a smaller segment of American banks; good for Chase, but perhaps not good for clients, especially since RTP controls pricing and access, potentially to the detriment of some users.

The Fed, building on the work of a task force formed to explore faster payments, wants to leverage its already extensive network of connections with banks, credit unions, and other financial institutions large and small. The goal is not to replace RTP, but to offer another option, and specifically a public one, which offers a net good and adheres to the government’s critical role in promoting fair access, pricing, and opportunity for all.

This is important because while the Clearing House has promised to hold rates steady, there’s no guarantee it will. Smaller banks are concerned about being cut out by what former Independent Community Bankers of America president and CEO Cam Fine described as a “monopoly.” Clearing House’s target date of 2020 for covering all direct deposit accounts in the U.S. is also likely unrealistic, while the Fed’s existing network and reach could make near-universal access much more logistically possible.

Fine notes that the Federal Reserve has been involved in payment processing for over 100 years; this is just another iteration of the central bank’s duties, a sentiment echoed by Chairman Jerome Powell.

Real-time payments can’t wipe out the payday loan industry, but they can take a chunk out of it.

Real-time settlement has big implications for businesses, especially small ones. But for low-income people, it could be transformative. Americans spend $24 billion in overdraft fees annually, some of which are driven by issues resolvable via faster payments; if there’s no lag between deposit and funds availability, there’s less likelihood of engaging in a transaction that will overdraw an account. If someone expects to get paid on Friday, the funds are instantly available, and they can pay their rent without worrying about a financial penalty.

People also spend about $7 billion on payday loans, which one in ten Americans have used. Real-time payments can’t wipe out the payday loan industry, but they can take a chunk out of it, since some of those loans are taken out in desperation by people who need money immediately, not after the time it takes for a bank to settle. Similarly, Americans spend approximately $2 billion cashing checks every year. That’s not just people who don’t have bank accounts; it includes people who can’t afford to wait for their accounts to clear.

That’s billions of dollars low-income people can ill-afford going into the pockets of companies with entire families of products built upon exploiting financial vulnerabilities.

Thomas Hoenig, former president of the Federal Reserve in Kansas City, former vice-Chair of the Federal Deposit Insurance Corporation, and currently a senior fellow at the Mercatus Center, notes that FedNow has another potential benefit as the system is built out: It could extend to other financial institutions such as remittance services. Immigrants sending money home through Western Union could therefore benefit from modernization to U.S. payments system, as a faster payments service in the United States can communicate with similar systems overseas, instantly transferring funds from senders to recipients.

Real-time payments will not fix issues like a federal minimum wage that hasn’t increased since 2009, repeated attacks on nutrition programs, and attempts at undermining unions. But they will help low-income people get, and move, their money faster, reducing the strain that comes from living paycheck to paycheck but not actually knowing when the funds in your paycheck will be accessible.

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You Think Airline Food Is Bad? The Conditions It’s Made In Are Worse. https://talkpoverty.org/2019/07/26/think-airline-food-bad-conditions-made-worse/ Fri, 26 Jul 2019 15:25:57 +0000 https://talkpoverty.org/?p=27819 On Tuesday evening, passengers at Washington D.C.’s Reagan National Airport (DCA) were greeted with shouts of “one job should be enough!” and “when we fight, we win!” by airline catering workers holding an informational picket and rally. The UNITE HERE union members were out in force to draw attention to the conditions they’re experiencing on the job, and to warn that 15,000 fed up airline catering workers across 32 U.S. airports just voted to authorize a strike.

They want a $15 wage floor and reasonably-priced health care, and they’re united across the industry: The DCA demonstrators work for LSG Sky Chefs, which serves American Airlines at DCA. Employees at Gate Gourmet, another major industry player, joined the strike authorization; Delta Airlines and United Airlines could also be affected. Together, they account for three of the top four airlines in the United States, carrying nearly 400 million people in 2017.

Eyerusalem Retta has been working in the bowels of DCA as an airline caterer since 1989, preparing beverages for customers like American Airlines. She said her starting wage was $5.15 an hour. After 30 years of service, she makes $13.35. “Our job is hard, we need better insurance, and for many, we want better retirements. We’re almost retired!,” she told TalkPoverty. The $15 minimum wage workers are demanding would result in a wage increase for “the majority” of airline catering workers, according to the union.

American Airlines made $1.9 billion in 2018.

Organizers are also contending with the high price of employee health insurance, especially for families; Retta pays $131 dollars weekly for her five-person family, a hardship on low pay. The health care situation is especially acute for workers with a long history of service. They are facing low wages paired with growing health issues caused by a working life of demanding physical labor that need attention. Sonia Toledo, who has worked for LSG Sky Chefs in Miami for 16 years, told TalkPoverty “I don’t have it, I don’t have any health care.”

A $15 minimum wage would result in a wage increase for the majority of airline catering workers

“I’m paying for one bedroom, $1,700 a month. I have to work overtime. And sometimes, I don’t want to do it, but sometimes I need to work for Uber for extra money. It’s very tough. I’m a diabetic, I have to get medicine, I have to eat certain foods. So I gotta pay for this stuff,” said Nelson Robinson, a DCA worker who pays $50 weekly for his employer health insurance but adds that the copays are a burden.

Getting to this point has been a challenge. According to UNITE HERE, workers began negotiating a contract with Gate Gourmet in October 2017 — a company spokesperson told TalkPoverty the company “continues to work in good faith with the union” — and Sky Chefs in October 2018. But collective bargaining is difficult for airline and railway workers thanks to the Railway Labor Act of 1926, which guarantees bargaining rights in these industries with limitations. Specifically, workers can’t strike without permission from the National Mediation Board.

The union requested mediation in its negotiations with Gate Gourmet and Sky Chefs in June 2018 and January 2019 respectively as it moved into the next phase of its negotiations. Now, workers are requesting a release to strike this week, hoping the Board agrees that the parties involved are unable to agree to arbitration. Workers have signaled that they are ready to strike as soon as the 30-day cooling period is up. Passengers in San Francisco, Seattle, Chicago, Boston, Los Angeles, Atlanta, and more would notice very quickly. Several affected airports are major regional hubs, like Atlanta, where a labor disruption could be costly for airlines.

It’s not just about the pay and health insurance. Working conditions for catering crews are extremely poor. Airline food is the subject of many a late-night comedy routine, but a flight without even the basics — like water and tea — can quickly turn into an unpleasant one. In fact, airlines are legally required to provide food and water to passengers stranded in tarmac delays. Fully cleaning out and resupplying a plane from the moment it arrives at the gate to the time it pushes back is a delicate but high-speed dance; every minute counts.

The work behind that turnaround, tiny bags of pretzels, plastic-wrapped swizzle sticks, and all, can be grueling. Those working at the airport must contend with blazing tarmac heat in summer and frigid conditions in winter. Offsite locations, where food is prepared and readied for catering, are often poorly temperature-controlled as well. For those in refrigerated work environments, the cold is constant. Retta described two years with no air conditioning in the notoriously swampy climate of D.C.

Caterers also work with caustic cleaning chemicals, sharp knives, and boiling-hot industrial dishwashers, all of which expose them to the risk of occupational injuries. In 2015, a Centers for Disease Control report documented high levels of carbon dioxide in refrigerated workspaces along with lack of access to water, and noted that most entries on injury logs were “acute traumatic injuries” like knife wounds.

Most entries on injury logs were “acute traumatic injuries” like knife wounds

Gate Gourmet and Sky Chefs have both run afoul of the Occupational Safety and Health Administration (OSHA), most notably in cases involving the deaths of airport truck and lift operators or nearby employees, the people passengers are most likely to see while peering impatiently out the window to see if their planes are ready. In 2017, SkyChefs faced thousands of dollars in OSHA penalties for failing to maintain safe and operable exit routes.

Poor conditions are bad news for passengers, too. In 2018, the Food and Drug Administration cited Gate Gourmet for “dead apparent nymph and adult cockroaches too numerous to count” in one Kentucky catering facility. It is the tip of a moldy, poorly temperature-controlled, cross-contaminated iceberg.

Without strike authorization, workers can and will continue trying to negotiate with their employers. The unions has not announced any plans to leverage slowdowns, stoppages, or sickouts — such as the large number of illnesses seen among flight traffic controllers during the 2018-2019 government shutdown. (The union made it clear that they did not “condone or endorse” such activity.) It has indicated that it will continue to pursue all legal means for resolving the labor dispute. But, the union noted in reference to the DCA action, “while we will continue this process it’s important to know that American Airlines can end this dispute right now, without the need for a strike,” by setting standards for pay and health insurance for catering workers.

In the meantime, the next time you open a stroopwafel on United, think about the hands that packaged it. 

LSG Sky Chefs did not respond to a request for comment.

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A New Trump Rule Could Threaten School Lunch for One Million Students https://talkpoverty.org/2019/07/23/new-trump-rule-threaten-school-lunch-thousands-students/ Tue, 23 Jul 2019 16:45:50 +0000 https://talkpoverty.org/?p=27810 75 percent of school districts have outstanding “lunch debt” racked up by students who couldn’t pay for meals. In large districts, that number can approach $1 million. At the end of the school year, when that debt comes due, kids with outstanding balances are denied opportunities to participate in activities, prevented from graduating, or forced to watch school cafeteria staff throw their food away. Pennsylvania’s Wyoming Valley West School District even threatened to place children owing as little as $10 for school lunch into foster care.

Now, a new Trump administration rule could make paying for lunch even harder for thousands of students. Via changes to a rule known as “categorical eligibility,” the Trump administration is trying to undermine access to the Supplemental Nutrition Assistance Program (SNAP). This program is commonly used as a basis for certifying kids for free and reduced lunch. That could increase the number of kids going hungry at home and struggling to pay for lunch at school.

Under categorical eligibility, households that qualify for certain cash benefits, including Temporary Assistance for Needy Families (TANF) and General Assistance, are treated as “categorically eligible” for SNAP. Since they have already met the income and asset tests set by the state for the other program, they do not need to endure a separate eligibility determination to qualify for SNAP.

43 states have introduced a form of this known as “broad-based categorical eligibility,” which allows people to qualify for SNAP if they are eligible for certain non-cash benefits and services funded by TANF, such as child care assistance and work supports, along with Medicaid in some states. Since many states allow households with incomes up to 200 percent of the poverty line ($50,200 per year for a family of four) to receive these benefits, this method of qualifying people for SNAP creates a gradual phase out of benefits as family incomes increase. Without broad-based categorical eligibility, anyone earning more than 130 percent of the poverty line ($32,630 per year for a family of four) could lose their SNAP benefits.

In short, broad-based categorical eligibility improves access to SNAP — and would be radically altered by the new rule that the USDA will open for public comment tomorrow. Under the rule, only people receiving “substantial” benefits valued at $50 or more would be eligible, and only if they utilized work supports, child care vouchers, and subsidized employment.

These changes could strip SNAP from 3.1 million people, and school lunch from 500,000 kids.

The USDA estimates these changes could strip SNAP from 3.1 million people in 1.7 million households. A 2019 report estimated that similar changes could threaten access to school nutrition programs for 265,000 children who get free and reduced lunch due to their SNAP enrollment. But in a June 22 phone briefing with the House Committee on Education and Labor, the USDA admitted this number could approach 500,000. And in October 2019, the USDA admitted that nearly one million children could lose their lunch benefits.

Children in 2.9 million households experienced food insecurity in 2017. And while child poverty rates are falling, 41 percent of children remain low-income and have difficulty paying in the cafeteria — one reason the U.S. has a free and reduced lunch program. During the 2018-2019 school year, 22 million students a day ate free and reduced lunch across the United States. Nearly all U.S. public and nonprofit private schools participate in the federal school nutrition program, which compensates schools on a sliding scale for every meal served.

Eligibility for free and reduced school meals can be based on an application submitted by the student. But foster and migrant youth, runaways, and children in families with benefits like SNAP (and in some cases Medicaid) are automatically qualified for free meals. They can be identified through direct certification, a federally-required process that compares school enrollment records to records maintained by local benefits agencies. Children who qualify for SNAP via broad-based categorical eligibility may not be eligible for school lunch otherwise, say advocates. The USDA disputes this claim, saying children who lose SNAP would still be eligible by applying directly, though according to the agency’s own guidelines, this might not necessarily be true, and this would increase the administrative burden on schools.

Losing school lunch has serious implications for low-income children counting on year-round nutritional supports. Even the relatively low cost of school lunch, which typically costs less than $3 at full price, can be too much for children living on the margins. Hungry children have difficulty focusing and don’t perform as well in school. They can also experience behavioral problems that disrupt their educations as well as that of other students. Research also shows growing up with nutritional deprivation can cause developmental delays and lasting physical effects.

Fewer children eating meals is a problem for the school, as well, because school nutrition is already underfunded. The government compensates schools by meal served, not by child; if children aren’t receiving meals, the district will not receive state and federal funds. Reduced funds limit the school’s or district’s purchasing power, making it harder to negotiate affordable prices to keep meal costs down. At the same time, labor costs for school cafeterias will remain relatively consistent, forcing districts to pay for food preparation, administration, and other services with reduced budgets. Dropping children from the free lunch roll will have negative effects on district finances — which, as lunch debt shaming shows, are already precarious in some districts.

SNAP is designed to secure access to safe, wholesome food for people who have difficulty affording it on their own, and if the new rule becomes reality, affected children will lose the benefits paying for food at home as well as the eligibility for food at school at the same time. Some may go hungry, while others may begin to rack up school lunch debt, one carton of milk at a time. The affordability problem won’t vanish when the SNAP benefits do, and hunger will follow children from kitchen to classroom.

Editor’s note: This article has been updated (July 29 2019) with updated numbers regarding the estimate of how many children will be dropped from the free and reduced lunch program. It was updated again (October 16 2019) to reflect the USDA’s revised numbers.

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Heat Is Now the Deadliest Threat to Farmworkers. Only Two States Protect Them From It. https://talkpoverty.org/2019/06/20/farmworkers-heat-illness-deaths/ Thu, 20 Jun 2019 14:15:11 +0000 https://talkpoverty.org/?p=27739 While temperatures were breaking records in California last week — reaching as high as 107 degrees in King City on the Central Coast — as many as 400,000 farmworkers were picking strawberries, stone fruit, and melons, trimming table grapes, and engaging in myriad tasks to keep the nation’s number one agricultural producer in business. They labored under punishingly hot sun for eight to ten hour shifts, paid by individual tasks rather than by the hour.

When it comes to hazardous working conditions on American farms, many people think of pesticide exposure; as early as the 1960s, farmworkers were ringing alarm bells about it. But heat stress has actually surpassed pesticides — which cause cumulative harm over time — as the most immediate lethal danger in the fields, according to Dr. Marc Schenker, distinguished professor of public health sciences and medicine at University of California Davis. “We don’t see acute deaths from pesticide poisoning anymore,” says Schenker (though pesticides are still recognized as a significant danger with severe health risks for people exposed to them).

An estimated 2.5 million farmworkers across the United States endure dangerously hot conditions on the job. As the heat climbs, workers can start to develop symptoms of heat stress including dizziness, nausea, fainting, vomiting, fatigue, poor coordination, and seizures. As their organs, especially their kidneys, start to break down, they can fall into a coma and die if not treated. Between 1992 and 2006, 68 farmworker deaths attributed to heat exposure were reported. Limited access to more current data makes it challenging to uncover the depth of the problem, though advocates claim deaths are likely underreported.

Outdoor temperatures aren’t the only issue. Personal protective equipment, ranging from suffocating Tyvek suits worn for pesticide application to thick trousers and heavy boots for working around thorny plants, can add to farmworkers’ misery.

“In workers, the major producer of body heat is metabolic workload,” explained Schenker. “If you’re working in outdoor conditions, you’re generating the majority of body heat from metabolism. The simple prevention is to reduce workload.” The piecework rate of payment for farmworkers, in which people are paid by the pound rather than by the hour, is a recipe for working as hard and as fast as possible. The system is great for employers, but bad for workers.

Access to drinking water, shade, and rest can help workers manage their body temperatures in high heat conditions. But just two states, California and Washington, have laws that require sufficient shade structures and drinkable water be nearby to meet the needs of the work crew. The Coalition of Immokalee Workers’ Fair Food Program, in which companies like McDonald’s and Trader Joe’s pay a premium for more ethically-sourced tomatoes, also requires access to shade, drinking water, rest breaks, and hygiene facilities as part of its code of conduct.  But even those requirements aren’t always enough.

In 2008, a 17-year-old pregnant farm worker died of heat-related illness because the drinking water was too far away, despite the fact that California’s heat protection law dated to 2005. Outcry led to enhanced safety regulations and better enforcement, but despite a dedicated heat violation hotline, improved data collection, and a push for better internal auditing to ensure complaints are investigated in a timely fashion, the problem persists.

Even if they have access to preventative care in the field, workers face another heat-related challenge when they go home: Farmworker housing may consist of crude shacks operated by farmers or contracting companies, or hot trailers with no air conditioning. Leydy Rengel of the United Farm Workers Foundation recalls the extreme heat of the Coachella Valley beating down on the trailer she shared with her parents, both farmworkers, as a child: “My parents would come home after 10-hour shifts, and didn’t have a place to cool down.” This can be dangerous, said Schenker: “Nighttime cooling is an important factor in preventing heat stress illness.”

While the short-term implications of heat-related illnesses are well understood, not as much is known about what they mean for people in the long term. Schenker is researching this subject, with a particular interest in what happens if workers experience repeated incidents of acute kidney injury, a potential complication of heat stress. This is especially vital since climate change is making conditions for farmworkers even worse.

California’s most recent climate assessment warned that if greenhouse gas emissions continue at their current rate, the state’s average daily high temperature could be as much as 8.8 degrees Fahrenheit higher from 2070-2100 than it is today. Over that same period, the annual number of extreme heat days (over 103.9 degrees) could rise from four to twenty-four. The amount of land scorched in wildfires will increase 77 percent.

The picture can be grim for farmworkers in high heat conditions.

In California, the law protecting workers from the effects of high temperatures is clear, but enforcement has been erratic. The UFW Foundation was one of the entities that pushed the state to issue more clarity and direction to keep farms — and the contract companies that supply a large number of farmworkers — accountable. Schenker, who has spent years researching farmworkers, said “California really does lead the nation,” but what that can look like from farm to farm is highly variable.

During the recent high heat event, the UFW Foundation ran an awareness campaign encouraging people to report unsafe conditions and setting up tables at locations farmworkers frequent to educate them about their rights. Rangel said even with the promise of anonymity, workers were reluctant to report. “They’re rather just be quiet,” she said, especially when they’re undocumented. And when state officials may take days to respond, complaints don’t always lead to enforcement.

Outside California and Washington, the picture can be grim for farmworkers in high heat conditions. They have some protections under the Occupational Safety and Health Administration, but for farmworkers, especially undocumented people in isolated areas, knowledge of the law and the ability to ask for enforcement can be limited.

“Last year, there was a 24-year-old farmworker, an H2-A guest worker in Georgia, who had only been in the country for less than 10 days, and he suffered heat illness. Nobody paid attention, his employers were not informed of how to handle this. They thought he was just being lazy,” said Rangel. It wasn’t the first time an ill worker had died in similar circumstances.

As consumers grow more aware of concerns around farmworker health and safety — calling, for example, for restrictions on pesticide use and listening to farmworkers speak out about sexual abuse in the field — heat illness should be a more prominent topic of conversation. Just as hotter days and longer summers will affect the quality of crops, they’ll affect the quality of life for the people who cultivate and harvest them.

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Trump’s New Union-Busting Rule Will Wallop Home Health Workers https://talkpoverty.org/2019/05/23/trumps-new-union-busting-rule-will-wallop-home-health-workers/ Thu, 23 May 2019 18:39:01 +0000 https://talkpoverty.org/?p=27671 Earlier this month, the Department of Health and Human Services finalized an obscure rule that could have huge implications for an estimated 800,000 independent home health providers paid directly by the state for Medicaid-funded services. Under the rule, these workers will no longer be able to assign deductions from their paychecks to cover things like insurance premiums, retirement contributions, and union dues. The rule singles out the most isolated home health workers who are not employed or paid via agencies; those who are can assign deductions at will.

Advocates argue the rule is designed to suppress unions by making it more difficult to collect dues. And there’s more than union dues at stake: Home care providers could, for example, experience lapses in health coverage by failing to keep up with premiums.

Many home care workers are family members providing home and community-based care to loved ones. Their work can include assistance with activities of daily living like bathing, dressing, and toileting, along with light housekeeping, help with errands, and other services designed to help disabled people and older adults stay in their communities. Home care is one of the fastest growing professions in the United States, with a projected growth rate of 41 percent for those working at agencies.

The median wage for home care workers is $10.49; a 2017 National Employment Law Project survey found unionized employees made $2 more per hour when examining the difference between weighted average wages. The majority are women of color, reflecting the gendered and racialized history of the field, and 28 percent are themselves on Medicaid.

In some ways, Medicaid-funded home care can act as an anti-poverty program and compensate people for care work that is normally considered unworthy of pay. “When I found out about In-Home Support Services [the California implementation of the program],” said Andrea Dudley, who cares for her son, “it was like a godsend…it’s not a lot of money, but it’s helped me.”

It was like a godsend…it’s not a lot of money, but it’s helped me.

Home health work, like other labor that takes place in the intimate setting of the home, has been historically undervalued. When the Fair Labor Standards Act (FLSA) passed in 1938, domestic workers were explicitly excluded from wage and hour protections, in part at the behest of Southern Democrats. In the years since, domestic workers, including those offering home health services, have fought to organize. In the 1970s, Congress amended the FLSA to cover some domestic workers, but home health aides were still left out by a provision excluding “babysitters” and “companionship services.” But recently, they’ve started making gains. They won wage and overtime protections under FLSA in 2015 and have grown home care worker union participation. In 2010 they pushed for the passage of a Domestic Worker Bill of Rights in New York, and a similar national bill to extend these protections nationwide has been introduced by Sen. Kamala Harris (D-CA) and Rep. Pramila Jayapal (D-WA).

Now anti-union proponents, pushed by groups such as the National Right to Work Committee, are on the offensive. In 2014, they won a significant victory with Harris v. Quinn, which ruled that home health care workers are not public sector employees. Therefore, those who choose not to join the union may not be required to pay service fees, enjoying the benefits of collective bargaining without the costs.

In this instance, the government argues Medicaid monies should only be paid out to providers, with exceptions for tax deductions but not for third-party payees. In response to concerned comments about the implications of this rule, the government insisted that “it in no way prevents” home health workers from paying union dues, insurance premiums, and other costs via other means. To prove their point, HHS staffers even calculated the cost of envelopes and stamps for mailing payments.

While HHS staffers dismissed concerns, worker advocates argue this rule change could make things extremely difficult for home health workers, and not just when it comes to sending in union dues. Some are unbanked, making it challenging to mail a check. Others deal with significant demands on their time and schedules that could make it hard to keep track of due dates and mail things on time. Issues like these could potentially lead to lapses in health coverage and other problems that could be easily resolved with automatic deductions. More to the point, home health workers themselves have repeatedly stated they want the option to make assignments.

The extremely targeted nature of this rule has big implications. Independent providers are difficult to organize because of their far-flung nature. They don’t have a shared office, meeting place, or workspace to network, because they labor entirely in private homes, out of the public eye. They are underpaid and vulnerable to exploitation. Union membership can change that. Dudley commented that the union helps her “stay informed” and connected with other workers.

The rule is “a blatant attack on us,” she added, asking what should make care workers in particular subject to a bar on withholdings. It’s a question shared by other worker-advocates and their allies. Unions such as the SEIU and AFSCME are organizing against it, and at least five states are suing.

“It’s our choice to take our deductions out of our checks,” said Dudley.

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The Trump Administration Is Making It Harder for Workers to Hold Big Corporations Accountable https://talkpoverty.org/2019/04/11/trump-workers-corporations-accountable/ Thu, 11 Apr 2019 18:36:45 +0000 https://talkpoverty.org/?p=27503 The government wants to make it much harder for workers to hold employers accountable for wage theft, hours violations, and unionbusting by complicating the answer to a simple question: Who do you work for?

Historically, if two entities oversee aspects of someone’s work experience — such as wages, hours, and policies — either separately or together, they could be considered “joint employers,” which means they are both liable for labor violations. While this standard isn’t used very often, it can be a powerful tool for holding large corporations accountable.

Think contractors who work alongside direct employees, doing the same work at a site where the parent company controls hours and policies, the staffing company handles payroll and employee screening, and both have hiring and firing rights. If workers filed a complaint, a judge might determine that the worksite and staffing company are joint employers, depending on the specific facts of the case.

Now, after a failed attempt at narrowing the definition of a joint employer in Congress in 2017, the Trump administration is turning to the regulatory process to make it harder for workers to file claims that rely on this standard.

When Congress passed the Fair Labor Standards Act in 1937, it explicitly acknowledged that some workers, in disputes over wages, hours, and child labor practices, might be in a joint employer position. The question has been a subject of back and forth litigation and rulemaking because of the high stakes. The landmark Browning-Ferris case in 2015, which briefly established more protections for people making joint employer claims, allowed workers to leverage bigger wins and push for a larger culture of change. (Currently, a combination of litigation and rulemaking have the ruling’s status in flux.)

The Department of Labor recently announced a proposed rule to narrow the standards of who counts as a “joint employer” under the FLSA. It is extremely restrictive, requiring companies to meet a highly specific four-point test and disallowing consideration of other factors. For example, if a contract includes hiring and firing rights for the parent company but they aren’t exercised, the court couldn’t consider that, and the parties would fail the joint employer test; the parent company would not be liable for damages.

Much news coverage on the administration’s attempt has focused on what it means for fast food workers, who often work in franchises with a parent company and local owner. But the implications are even bigger, affecting millions of workers across the economy in the garment, agricultural, construction, hospitality, and building services industries, among others. It’s an especially important distinction for people caught in the dramatic increase in “contingent labor” in recent years.

It also affects third-party logistics (3PL) employees who handle outsourced elements of the supply chain such as packaging, delivery, warehouse maintenance, and more. Think forklift operators at factory warehouses and delivery drivers. 3PL is one of the biggest areas of growth, according to Tia Koonse, Legal and Policy Research Manager at the UCLA Labor Center. 86 percent of Fortune 500 companies are using third-party logistics agencies, outsourcing labor along with liabilities to increase profits. Nearly half of Google’s workforce, for example, is not directly employed by Google.

“I think that this [proposed rule] is aimed at workers who have spoken up, and the workers are not going to back down,” commented Jonnee Bentley, associate general counsel at SEIU. Fight for $15 worker-organizers have achieved significant victories across the U.S. in recent years; for example, there was a 2014 NLRB ruling in favor of McDonald’s workers who complained about retaliation for labor organizing.

As part of its proposed rule, the Department of Labor provided a handy breakdown of hypothetical examples for people wondering how different scenarios might be interpreted under the new rule, which reads more like a how-to on avoiding a joint employer determination. It’s also heavily stacked with examples from fast food franchises, although according to Catherine K. Ruckelshaus, general counsel at the National Employment Law Project, franchises haven’t been involved in joint employer disputes under the FLSA.

Curiously, though the rule touts cost savings for business, the only costs calculated in the current draft available for comment are $420 million in expenses associated with implementation. Under the Obama administration, franchise growth consistently outperformed the private sector, suggesting that increasing joint employer protections did not harm business growth.

I think that this is aimed at workers who have spoken up, and the workers are not going to back down.
– Jonnee Bentley

Undermining the way employers and courts interpret the FLSA isn’t the only way the Trump administration is using the rulemaking process to make it harder to bring joint employer claims. Last year, the NLRB announced a proposed rule, not yet finalized, to redefine the interpretation of the joint employer standard in the National Labor Relations Act, the legislation that surrounds worker organizing and labor disputes: If workers want to start a union, complain about unionbusting activity, or get support with the fight for a fair contract, they need the NLRB.

The NLRB wants to shift the joint employer definition to one that requires direct and immediate control of working conditions, moving away from broader Obama-era guidance that also accounted for “indirect control,” such as exerting guidance over business practices or providing software used to run a business.

The change would be good news for companies such as McDonald’s, as it would make it more likely that the corporation would not be considered a joint employer of franchise employees for the purpose of trying to unionize, and would have no obligation to come to the table to bargain. The franchise operator, meanwhile, would have limited options for meeting worker demands, because of price setting and other dictates set by the corporation. It should be noted that even in a case where franchise employees did manage to prove joint employer status and win a union contract, it wouldn’t automatically apply to other franchises — but the win could help workers organizing at other locations.

That these two proposals are similar is not a coincidence, Bentley said. “They’re trying to make it easier for big corporations to avoid liability by using contractors or franchisers.” The Obama-era guidance has enabled workers to hold franchises accountable for violations in the past.

“It’s part of the systematic dismantling of gains made in the previous administration,” said Koonse. “I feel the [Department of Labor] rule does not hold joint employers accountable in the way Congress intended,” she added, noting that the definition as proposed is so narrow that it may not withstand legal scrutiny.

The push through multiple venues to make it harder for workers to hold joint employers accountable is part of a larger pattern of attacks on labor rights, such as undermining overtime rules, cutting numbers of OSHA inspectors, and cutting billions of dollars in funding from the Black Lung Disability Trust, which supports coal miners living with black lung disease. One of Trump’s earliest cabinet appointments was to name fast-food giant Andrew Puzder secretary of labor — Puzder ended up withdrawing after outcry, but the initial nomination signaled a much more business-friendly approach to worker rights and protections. Working to unwind rulemaking from prior administrations and develop more restrictive interpretations of the law fulfills the president’s deregulation mandate, at a high cost to workers.

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A Trump Proposal Could Make Selfies Dangerous for Disabled People https://talkpoverty.org/2019/03/28/trump-selfies-dangerous-disabled-people/ Thu, 28 Mar 2019 16:53:55 +0000 https://talkpoverty.org/?p=27460 Posting a selfie in a cute bikini on a beach in Hawaii to Instagram or sharing protest pics on Twitter shouldn’t be grounds for being denied disability benefits, but if an expansion of social media surveillance at the Social Security Administration goes through, that’s exactly what could happen.

An Instagram story from a low-pain day or a Facebook post with an old photo might be used against an applicant for disability benefits, a change from the status quo where the agency only looks at social media in cases of suspected fraud. Thanks to a New York Times story suggesting a tiny line item in the agency’s 2019 fiscal year budget overview will turn into a real policy, the disability community is very worried.

All this for an agency with a “fraud incidence rate that is a fraction of one percent.”

The proposed expansion of social media monitoring for the nearly 20 million Social Security Disability Insurance and Supplemental Security Income recipients would have several negative effects, among them that disability activists who organize and build community online may be hesitant to do so. It will also feed directly into myths about Social Security fraud that have been wildly overstated in media coverage, such as a 2017 Washington Post series or a 2013 NPR feature package that made it seem as though “undeserving” people were lining up for disability benefits. (The average monthly benefits are under $1,300; being on disability is hardly a profitable endeavor.)

Proposals like this one underscore the common belief that everyone applying for disability is fake until proven otherwise. “I hate the assumption that everyone’s lying just because they need help,” said Rachel Graves, a member of the chronic illness community who receives disability and private insurance coverage, and who is already very cautious about her online presence. Graves is well aware that social media is used to police disabled people online by the government and insurance companies, as well as the general public, who are all seeking out disabled people who don’t “look sick.”

In response to the news, Mila Johns, who has Ehlers-Danlos Syndrome, a connective tissue disorder, deleted her Facebook account and plans to scale back on Twitter: “It seemed like too big of a risk to take by continuing to engage in social media. Because we don’t know how it’s going to be used.” Johns relies on communities found through sites like Facebook and Twitter to connect with people who share her diagnosis. “[Social media is] a lifeline for so many people,” she said, but she’s preparing an application for disability benefits, and she’s worried about what examiners might find, and judge.

The internet is valuable for outreach and advocacy, but also activism. Online organizers have used social media to fight attacks on the Affordable Care Act, organize in defense of the Americans with Disabilities Act, and engage in solidarity actions with other marginalized communities. Disabled advocates such as Imani Barbarin, creator of hashtags such as #AbledsAreWeird and #ThingsDisabledPeopleKnow, and Alice Wong, founder of the Disability Visibility Project and one of the co-partners of #CripTheVote, rely on social media for their work.

Images of disabled protesters went viral in 2017 during the fight to preserve the Affordable Care Act. Those same protesters now get to worry about whether those pictures will be used against them to deny or revoke disability benefits; if you’re well enough to occupy the halls of Congress, surely you’re not “really disabled.”

The agency already has an entire trained investigative division that focuses on preventing fraud before it even happens, in addition to following up on complaints about current beneficiaries. It also uses predictive analytics software to flag suspicious activity among both applicants for and current recipients of disability benefits. (Like other uses of predictive algorithms, this has dangerous implications, requiring applicants and recipients to submit to the surveillance state’s collection and use of their data. Algorithmic bias is also a significant concern.)

Now, in addition, the new proposal would allow thousands of front-line “disability adjudicators” all across the country to conduct their own fraud investigations using social media data. These are the staff charged with determining whether a claimant meets the agency’s stringent criteria for disability benefits.

It seemed like too big of a risk to take by continuing to engage in social media.
– Mila Johns

On average, they are not very accurate.

In 2016, disability adjudicators approved 33 percent of initial disability applications and denied the other 67 percent. Claimants whose applications are denied have the right to appeal and have their case heard by an administrative law judge. After waiting one to two years to have their appeals decided, 46 percent of claimants are ultimately found to be disabled by Social Security.

In other words, nearly half of the people whom disability adjudicators rule as not disabled are actually determined to be disabled when they have their day before a judge.

In this climate, it’s easy to understand why disabled people might be afraid, and the consequences of curtailing social media engagement can be immediate and painful. “It is so isolating being really sick, especially when you have something unusual enough that you don’t know anyone else who has it. To find someone like you can make you feel less lonely,” said Graves.

The proposal also aligns with a long history of claiming that programs like SSDI and SSI are rife with “fraud.” For those concerned about fraudulent applications, the Social Security Administration maintains a fraud hotline and encourages not only workers, but also law enforcement and members of the general public, to report suspected disability fraud, in a “see something, say something” approach that encourages people to inform on each other.

This is the dangerous crux of the proposal: It will have a silencing effect on disability advocates at a time when they have won several high-profile victories with the assistance of online organizing, such as helping to prevent the repeal of the Affordable Care Act. Expanding the use of social media in disability determinations could become punitive in nature, with poorly-trained adjudicators dealing with large caseloads making snap judgments about applicants, particularly those with outspoken political leanings. Disability activists who don’t “look disabled” or have variable experiences of disability, such as part-time wheelchair users, could pay a high price for leading public lives.

The proposal can be operationalized administratively, without Congressional action, though Sens. Sherrod Brown (D-OH) and Bob Casey (D-PA) have expressed concerns about it. But it will make the internet less safe — especially for people like Johns who are primarily or entirely homebound and use it as a vital tool for participating in society. And it will make organizing harder for a fractured community that’s currently relying on the internet to help with the fight against dangerous, disablist policy proposals on the state and federal level.

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Including Disabled Parents Is Key to Universal Child Care https://talkpoverty.org/2019/03/11/disabled-parents-key-universal-child-care/ Mon, 11 Mar 2019 15:13:27 +0000 https://talkpoverty.org/?p=27426 Last week, Sen. Patty Murray (D-WA) and Rep. Bobby Scott (D-VA) introduced the Child Care for Working Families Act, which is intended to improve affordability, access, and quality for child care in the United States. Along with a proposal being floated by Sen. Elizabeth Warren (D-MA), it’s opening up a much-needed conversation about child care in America that will hopefully extend far beyond this legislation.

One of the most exciting elements of the bill is its explicit callouts of disability, acknowledging the fact that 17 percent of children in America have disabilities and need child care too — but can face barriers to inclusion.

The United States is facing a dual problem of scarcity and unaffordability when it comes to child care. 83 percent of parents with children under age five report difficulty locating affordable child care of sufficient quality in their area. Challenges with paying for child care or finding a suitable provider are pulling parents out of the workforce or leading some people to reconsider parenting altogether.

Common threads in Warren’s Universal Child Care and Murray and Scott’s Early Learning Act and the Child Care for Working Families Act include increasing compensation for child care providers; making child care free or low-cost, depending on income; and investing in quality improvements across the board. But Murray and Scott’s bill is comprehensive and inclusive: It extends services beyond child care centers and into homes and communities, addresses care from birth through age 13 for all children and up to age 18 for disabled children, and invests in full-day, full-year programming to accommodate parents with varying schedules and those who need child care services in the summer.

The disability inclusion in Murray and Scott’s bill — which includes funding for activities such as making sure facilities getting government money are accessible and providing training to staff so they can better serve disabled kids and their parents — builds on the work of the Americans with Disabilities Act and the Individuals with Disabilities Education Act. It positions such funding as a routine part of meeting quality standards — something society tends to view as “special treatment” or a “burden.” Everyone in America deserves access to child care that meets the needs of their children, and that includes disabled children, who can be excluded by inaccessible facilities, poorly trained staff, and other barriers.

As long as child care is under discussion, though, it is worth addressing the fact that disability isn’t an issue limited to children and while these bills are an excellent start, we should also be looking to the future. Disabled children grow up and build families of their own ­— 6.2 percent of parents are disabled, and disability is more common in black and brown parents — and those families, in turn, will need access to child care. Sometimes that means care for disabled children of disabled adults, and sometimes it’s care for nondisabled children of disabled adults.

“You really need [child care providers] to be on your team,” explained Dr. Kara Ayers, Associate Director at the University of Cincinnati Center for Excellence in Developmental Disabilities. Ayers is the co-founder of the Disabled Parenting Project, which studies the experiences of parents with disabilities. As part of her research, she said she sees issues like inaccessible restrooms and “just one step” entrances — doorways where a single step is all that lies between wheelchair users and entry — are common at the facilities she visits.

Mandated reporters, people legally required to report possible abuse and neglect to the authorities, may have limited experience with disabled parents. Attitudes about disability may lead mandated reporters to be concerned about disabled parents’ capability. This is an issue with doctors, social workers, and teachers, and Dr. Ayers has found that it can appear in child care as well, an issue that raises personal concerns. “If I come in and these people are weirded out,” Ayers added, “one person could decide my daughter is not safe with me and one call could start that process.”

Comprehensive access to child care must be inclusive of disabled parents.

Ayers speaks to a looming worry in the disability community: In every state, it is legal to weigh parental disability when making determinations about whether to remove a child from a home, on the argument that the parent must be “unfit.” According to a 2012 National Council on Disability study, removal rates climb as high as 80 percent in cases of intellectually disabled or mentally ill parents involved in custody fights.

Disabled parents, said Ayers, worry about admitting that they need help or having to explain that services and supports are not a good fit for them, and that hooks directly into the child care conversation — if disabled people are nervous about communicating their needs, it’s challenging to make necessary recommendations.

Comprehensive access to child care, whether accomplished legislatively or through rulemaking, must be inclusive of disabled parents. For example, funds for increasing accessibility could also be used for continuing education classes to familiarize child care providers with the disability community. For disabled parents, adaptive parenting classes –  which teach people how to navigate parenting with a disability with tips on topics like handling a baby while using a wheelchair and using braille-embossed flashcards to teach sighted children to read – could be made more readily available for expecting or newly-disabled parents through expanded funding.

Likewise, parenting equipment should be made more readily available and affordable through existing systems that already connect disabled people with adaptive tools that help them lead independent lives, such as independent living centers, community programs for new parents of all ability levels, Medicaid, and occupational therapy programs.

The United States should also consider what constitutes “activities of daily living,” the tasks that personal assistants can provide for their clients, currently defined by the Centers for Medicare and Medicaid Services using a model followed by many private insurance providers. The agency’s current definition includes things such as toileting, preparing meals, cleaning, and a wide range of other activities — but most parents would argue they should include parenting, too.

A government-funded personal care assistant “cannot do anything for child care,” said Keith Jones, president of Soul Touchin’ experiences, a community empowerment and policy advocacy group. Jones learned to change diapers with his feet as a new parent worried about being deemed unfit, and commented that it’s ludicrous to ask a personal assistant to “just ignore” a child who clearly needs attention.

As it stands now, Ayers explained, aides may not be allowed to help disabled parents, depending on the terms of their contract. If a baby is crying for attention, they can’t pick them up for a cuddle. If a parent needs help getting a child into a high chair for a meal, they can’t ask their aide for an assist. Explicitly including parenting as an ADL, says Ayers, could help disabled parents and kids alike — and it’s possible to have safeguards for those worried about parents abusing their aides as child care providers.  A regulatory change initiated by CMS could be the most effective way to address this shortcoming.

The growing understanding that child care must be a part of progressive movements is heartening to see, and it’s encouraging that lawmakers like Murray and Scott are exploring disability issues as they develop new policy. Including disability from the start in ambitious proposals like these makes it easier to build on them, creating more equity and justice for the disability community.

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The Legal Loophole That Lets Companies Like Doordash Steal Tips, Explained https://talkpoverty.org/2019/02/22/legal-loophole-doordash-steal-tips/ Fri, 22 Feb 2019 17:41:50 +0000 https://talkpoverty.org/?p=27363 Popular courier services such as Instacart, Doordash, and Amazon Fresh have been making headlines recently with the news that they’re meeting minimum pay promises to drivers by cutting compensation and using tips to make up the difference. In other words, customers were tipping under the impression that drivers got tips on top of the delivery fee earned per trip, but instead, the companies subtracted the value of those “tips” from the payments that they had promised to workers — saving the company money, but cheating drivers. (Under pressure, Instacart recently reversed its policy.)

Why can these companies get away with such behavior, especially in states like Washington where the tipped minimum wage is illegal? The answer is that these workers aren’t employees. They’re independent contractors, and labor law for independent contractors is very different than it is for employees. As self-employed workers, they are entitled to fewer protections, but also, in theory, have a greater degree of freedom and control.

Some of those same workers argue they’re being misclassified by their employers and should actually be considered employees. This issue has been the subject of substantial litigation, as in 2016 when Uber was dinged for misclassifying workers in California and Massachusetts, and again in California in 2018, where workers won a suit against the delivery company Dynamex. Now some states, including California, are trying to fix the problem with new legislation.

Misclassification occurs when companies improperly categorize someone who functions as an employee as an independent contractor. Individual states and agencies have their own standards — as, for example, when deciding employment status for workers’ compensation purposes — and the IRS has its own 11-point standard. A much simpler rule was applied in the Dynamex case, though: The ABC test. The court found that to be considered an independent contractor, an employee must meet three criteria.

The first is freedom from control: Independent contractors decide how, when, and where they work, set the terms of their employment, and do not receive highly specific direction in the course of their work. The second is performance of work outside the company’s scope of business. In addition, the work reflects an established and independent trade or specialty in which the worker is “customarily engaged.” For example, a plumber is “customarily engaged” in work pertaining to installing, maintaining, and fixing plumbing.

In another example, a florist’s shop might hire a tax preparer as an independent contractor, relying on an expert who sets their own terms and schedule to do work that isn’t within the florist’s normal parameters of business. But if the florist hired someone to work in the store arranging flowers, that person would likely be considered an employee.

The rise of the “gig economy,” sometimes known as the 1099 economy in a reference to the tax forms used to report “miscellaneous” income for independent contractors, has highlighted the misclassification issue, but it’s not new. Misclassification has been a huge historic problem in the construction industry, as well as for domestic workers, janitors, truckers, and many others. Nearly 24 million workers labored as independent contractors in 2015 and only a small slice, around 1 percent, were “gig economy” workers.

For companies, there’s a clear advantage to relying on independent contractors: They’re much less expensive to maintain. Companies don’t have to pay unemployment insurance, workers’ comp, or payroll taxes. Overtime and minimum wage don’t apply, nor do state and local requirements around paid family or sick leave. Nor do they need to provide benefits such as paid time off, retirement funds, or health insurance.

Independent contractors assume all the risks of operating a business, which is sometimes by desire and design. Tax preparers and freelance journalists, for example, may prefer the flexibility of independent contracting, and companies with periodic specific needs that fall outside their normal work, like a company hiring experts for diversity and inclusion consulting, benefit from these kinds of independent contractors.

However, corporations also label workers who function like regular employees as contractors: If you’re delivering packages for Big Package Company in a BPC shirt, reporting for an hourly schedule, following specific routes, and having other aspects of your day-to-day work life dictated by BPC, you are an employee — as a court determined in 2015 in the case of a very real package company: FedEx. Even if you also moonlight for Rival Package Company doing similar work, you’re still an employee.

“Misclassifying limits people’s ability to negotiate while companies are acting as employers and controlling the way work happens,” explained Erica Smiley of Jobs With Justice.

Workers aren’t the only ones concerned about misclassification. The practice is also anticompetitive, harming companies that comply with the law by treating employees as employees, taking on the added responsibility and cost that comes with it. “This is just another way that companies shift burdens onto workers and taxpayers,” says Steve Smith of the California Labor Federation.

This is just another way that companies shift burdens onto workers and taxpayers.
– Steve Smith

Gig economy jobs often come with lofty promises of profit and are marketed with language used to describe independent contracting, such as the ability to set your own hours and select your customers. Earners aren’t paid by the hour in many cases, but by the job; the more jobs they can rack up, the higher the pay.

On the ground, the reality is very different, whether you’re a cleaner with Handy or a courier with Postmates. Companies dictate the terms of employment quite extensively, and in some cases have even created their version of the company store, as with companies like Uber and Swift, which have gotten into the vehicle sales and leasing business for their “contractors.”

States such as Massachusetts, New Jersey, and now California are trying to solve this with laws that clearly define the distinctions between employees and independent contractors.  California’s AB5, for instance, would codify the Dynamex decision. These laws do not, of course, magically eliminate the practice of misclassification or instantly reclassify workers, but they add further guidance around the topic and create tools for workers and labor organizers to use in negotiations with employers.

In other regions, worker-organizers have focused on issues around working conditions themselves, such as pay and access to benefits, rather than the question of misclassification. That’s happened in New York, Washington State and elsewhere — though it should be noted that many of these focus on the gig economy specifically.

The push to clarify the definition of independent contractors could benefit workers and employers alike, and it may also be very disruptive to the tech industry. While the gig economy makes up a relatively small percentage of misclassified workers, Smith said, “What you do see with the gig economy is businesses building an entire business model around misclassification.”

Even as lawmakers consider codifying protections, the National Employment Law Project finds these companies are a driving force behind a wave of “marketplace platform” legislation across the U.S. that explicitly defines gig economy workers as independent contractors, not employees. One venture capitalist shamelessly told CNN: “What is ultimately a better business decision? To try to change the law in a way that you think works for your platform, or to make sure your platform fits into the existing law?”

Building an industry on normalizing misclassification, and sometimes pushing workers to advocate against their own rights, as seen with smiling gig economy workers shilling for their bosses, is a dangerous and troubling trend. Companies are quick to claim that codifying independent contractor status would be “ruinous,” but they also said the same thing about minimum wages, protecting the right to collective bargaining, and other measures designed to improve worker health and safety, and yet somehow, capitalism prevails. Companies that cannot meet their operating costs fall, and others rise to replace them.

“Some businesses,” commented Smiley, “may not deserve to exist in a modern society.”

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Burnout Is a Capitalism Problem, Not a Millennial One https://talkpoverty.org/2019/01/30/burnout-capitalism-millennial/ Wed, 30 Jan 2019 20:07:31 +0000 https://talkpoverty.org/?p=27225 Over the weekend, the New York Times ran another iteration in the conversation about millennial burnout, this time focusing on the hustling economy — a topic that has been amply critiqued in recent years. Writer Erin Griffith explored “toil glamour” and the high expectations to love the work you’re doing so much that you’ll put in long hours at the hustle. #RiseAndGrind, you’re falling behind. It followed on Anne Helen Petersen’s incredibly popular Buzzfeed piece on millennial burnout that focused on debt, disrupted career paths, dashed dreams, and reluctance to do errands.

The fundamental flaw of such pieces — often beautifully written and deeply intimate — is that they are personal. They highlight the struggles of a narrow swath of the authors’ generation, but fail to consider the larger implications that their experiences may have for the country as a whole. They bemoan a failure to achieve a promised life, but this life was only promised to, and expected by, a specific group of people.

That life includes a specific set of circumstances to measure against, with a further expectation that you love what you do for a living or you’re not living the life you deserve. But this concept of a promised land is not limited to the millennial generation. In fact, for a hundred years, that dream lifestyle has mostly looked the same: The ability to buy a nice home in a cute neighborhood with a middle-class income, an emotionally rewarding dream job, and exotic vacations to warm climates every winter. (For a uniquely millennial twist, add a French bulldog with an active social media presence.)

The idea of “passion jobs,” where people pursue jobs that are emotionally fulfilling, has its roots in the 1900s. Every generation since has experienced frustrations when running up against the reality of the working world, whether the aftermath of the Depression for the Silent Generation, the corporate restructuring that narrowed opportunities for Generation X, or the tyranny of the precarious “gig economy” for millennials.

This dream is a specifically middle-class one, though, and it speaks primarily to a relatively small group of people: Those who always assumed they would go to college, for example, and who undertook debt to do so. People who assumed that they would be rewarded with gainful employment as a rite of passage, because this, too, was something they were told. White people. Nondisabled people. People who haven’t been thrown out of their homes or excluded from jobs because of their gender or sexual orientation. People who don’t have financial obligations to family members that may have started as soon as they were old enough to work.

For a disabled Latinx millennial with no college degree scrubbing toilets and caring for two generations at home, reading about how getting knives sharpened is too exhausting to contemplate is not necessarily relatable, even if that person is struggling with the same fundamental problem: Employers who view them as disposable and the familiar refrain that if you bootstrap hard enough, you’ll come out on top. The failed promise for many people from working and lower-class backgrounds isn’t a house with a picket fence, but basic human dignity, a life where your needs are met and you are treated with respect, whether janitor or CEO.

This is a basic function of capitalism: Walling off communities that should be able to find common ground.

Treating the experience of feeling beaten down by a job that abuses you as something exceptional that primarily affects a class of predominantly white knowledge workers in New York, D.C., and Los Angeles makes commentary on the subject feel self-indulgent and privileged. It confuses a lost middle-class dream with something much deeper. It fails to expand to a larger conversation about what it means to be poor — not broke — and working class in America, and how exhausting and demoralizing it can be to have no money and feel like you have no future.

There is a nagging sense, while reading works like these, that the authors are desperately striving for class mobility to distance themselves from their imagined vision of poverty. They aren’t like those other people — the ones without college degrees, the ones caring for family members at home, the ones with messy lives who are experiencing intergenerational poverty. They’re better than that and deserve better, and thus have no reason to find common cause with the garbage men and housekeepers, doormen and farmworkers of the world, even if both are experiencing sexual harassment, a vast wage gap between worker and executive, workplace instability, and other “millennial burnout” woes.

This is a basic function of capitalism: Walling off communities that should be able to find common ground before they have an opportunity to build coalitions and power. Sweeping rhetoric that claims to speak for a whole generation while only describing narrow experiences is fundamentally alienating for members of the same generation who may find little in common with the way “burnout” is presented, even if they are also experiencing it. It can verge on the offensive when it borrows from the language marginalized people have developed to describe the bone-deep, existential pain of living in a world where they, and their lives, are not valued.

This isn’t a “millennial burnout” problem. This is a capitalism problem. Let’s start treating it like one.

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The Shutdown Is Causing Mass Confusion for Food Stamp Recipients https://talkpoverty.org/2019/01/18/shutdown-causing-mass-confusion-food-stamp-recipients/ Fri, 18 Jan 2019 16:34:03 +0000 https://talkpoverty.org/?p=27182 “Every year, getting the materials together for SNAP recertification is difficult. They ask for a lot of information and they almost always say you are missing something no matter how much you give them,” a Supplemental Nutrition Assistant Program (SNAP, formerly known as food stamps) beneficiary explained between frantic calls to her local office for information about her benefits.

This year, the renewal process has been made even harder by the partial government shutdown, which accelerated deadlines with no notice for the more than 40 million people who receive benefits. And that’s just one of the effects the shutdown has had on SNAP and other nutrition assistance programs.

On Jan. 8, the U.S. Department of Agriculture announced that February SNAP benefits would be distributed by Jan. 20, in order to get around shutdown-related restrictions. That called for a herculean effort: Millions of new applications and recertifications that would normally be due in February now need to be submitted by mid-January. Normally, new applications and annual recertifications take place on a rolling basis. For recipients who couldn’t gather supporting material in time or didn’t know about the deadline, such as furloughed federal workers hoping for nutrition assistance while they remain without pay, the time to file for benefits has already come and gone.

At the same time, some grocers have stopped accepting SNAP because the government shutdown means they cannot renew their licenses. As the shutdown continues, the number of vendors will dwindle, a particular issue for people in areas with limited options.

The effects of these problems are wide-reaching. Nearly half of SNAP recipients are children, and LGBTQ people, along with disabled people, are much more likely to need nutrition assistance.

States administer the SNAP program, and the state-by-state chaos has been frustrating. “I have not received any update from the state’s human resource department about how this would affect us. In every other instance of benefit changes, we are sent copious written notification(s),” another recipient told TalkPoverty via email. Documentation also sometimes contradicted itself, adding even more uncertainty to the process.

Others reported that they heard about the deadline from news stories or Facebook, and struggled to get answers from officials in local offices — many of which set different deadlines, making it difficult to determine when applications and renewals needed to be submitted. At least one recipient read on social media that SNAP benefits distribution would be reversed if agencies ran out of money, something that shouldn’t be possible with EBT cards. Confusion and fear like this are familiar for many low-income people, who sometimes feel at the whims of capricious government policies and procedures.

“I’ll push myself not to use [benefits distributed early] until February but there’s a fear they could be taken away. Everything just seems so uncertain. Poor people know to use what we have when we have it because we can’t depend on what will be there in the future,” said one SNAP recipient.

SNAP is not the only nutrition assistance program with funding thrown into uncertainty by the shutdown. Also threatened are the Special Supplemental Nutrition Program for Women, Infants, and Children, known as WIC, which supplies benefits to 7 million pregnant people, new parents, infants, and children, and the Food Distribution Program in Native American communities, which fed over 90,000 people a month in 2017. The latter adds to the shutdown-induced woes — which include limitations on access to health care — in Native communities. The national free and reduced-price lunch program, which feeds more than 30 million kids annually, could also be in danger if the shutdown persists into March.

Even after the government reopens, the danger isn’t over, thanks to a dangerous Trump administration proposal to make work requirements even harsher in SNAP, which Congress explicitly refused to do in the latest Farm Bill. Currently, 33 states and Washington, D.C. have waivers in place for high unemployment areas to relieve the strict time limits for so-called “able-bodied adults without dependents” written into SNAP in 1996, which restrict benefits eligibility to three months out of every three years for those considered “able-bodied” with no legal dependents. The Trump administration wants to sharply curtail states’ flexibility to use these waivers, throwing 755,000 under- and unemployed people off SNAP.

“I don’t have contingency plans because I can’t have any,” says a disabled SNAP recipient in Colorado who struggled to get an answer about her recertification documents, normally due in February. Members of low-income communities have extensive experience creating their own safety nets to support each other through hard times, but “I think that people are going to get burnt out and stretched too thin by all the need that surrounds them.”

Editor’s note: This post has been updated to clarify the Trump administration proposal on SNAP work requirements and the current status of work requirement waivers.

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The Shutdown Causes Some Parents To Pay Twice for Child Care https://talkpoverty.org/2019/01/08/shudtown-parents-child-care-pay/ Tue, 08 Jan 2019 21:48:46 +0000 https://talkpoverty.org/?p=27124 17 days into the second-longest government shutdown in U.S. history, the ripple effects are being felt across the country. Roughly 800,000 federal employees and 2,000 contractors are going without pay, and the consequences don’t end there.

As federal worker Sam Shirazi noted on Twitter, the shutdown has created a child care emergency for some families: “I’m a furloughed Federal employee, but the #GovernmentShutdown doesn’t just affect me. My daughter’s daycare is in the Commerce Dept and is closed during the shutdown, but we still have to pay our weekly invoice.”

Nearly 100 child care centers serving federal employees, along with some civilians, operate across the U.S. The spaces are leased by the General Services Administration, which pays $5.6 billion in rent every year. According to the GSA, nearly 7,500 children receive care each day at such facilities, approximately two thirds of whom are children of federal employees. The facilities run on parent fees; the service is not provided by the government.

Even more child care centers provide services directly through government agencies, such as the National Institute of Standards and Technologies, which maintains on-site child care for staffers and a limited number of civilians at locations like its Maryland campus. NASA also provides on-site child care to employees.

Federal workers and the civilians who take advantage of these services have come to count on them, and the child care providers who staff them rely on their wages to support their own families. During the shutdown, parents and workers alike are struggling to make ends meet, whether they’re civilians suddenly without child care, federal employees who remain working but have nowhere for their children to go, or child care workers uncertain about their pay status.

In GSA spaces or federal agencies that remain open, child care centers are operating as usual, though some reported declines in attendance, with federal workers keeping their enrolled children home. Others, like Shirazi’s Commerce Kids, are closed, forcing parents to look elsewhere for child care. Some are operating in GSA buildings with skeleton crews, like the Growing Years Child Development Center in Washington, where the GSA personnel who assist with building maintenance and safety concerns have all been furloughed. The precise number of facilities closed is unclear; many weren’t answering phones or responding to messages.

Many administrators are making the decision to pay child care providers who have been affected by involuntary leave in order to retain them, whether they are employees of nonprofits operating with a memorandum of understanding in GSA spaces or staffers at contract companies. abby, a civilian parent in Colorado, says “the teachers are definitely more poor than the parents,” and can ill-afford unpaid leave. Despite their low pay, they are highly-skilled workers who “could all find new jobs” if they chose to start looking.

To keep paying staffers, centers are still collecting fees from parents, even those who are furloughed without pay, though some are offering discounts and tuition assistance. This means some parents are paying twice: Once to the facility their children normally go to, which is currently closed, and again to whoever is filling in the gap during the shutdown.

Cathy Bisaillon, president and CEO of Easterseals Washington, the program provider at Growing Years, comments that nonprofit child cares run on very slim margins, making it hard to waive or reduce tuition fees, even though their office is sympathetic to and concerned about families like those in the Coast Guard who are currently on furlough. Lack of communication from the government is also complicating matters; she expressed concerns about Head Start funding, even though the program is funded through the Department of Health and Human Services, which remains unaffected by the shutdown.

Federal employees have child care fees to add to long lists of expenses for households that live paycheck to paycheck.

Whether furloughed or ordered to work without pay, federal employees have child care fees to add to long lists of expenses for households that live paycheck to paycheck. And in the case of those working without pay who have children in closed facilities, there’s a scramble to meet child care needs as they report for work. For civilians who have relied on federal child care for their young children, the shutdown is creating uncertainty and frustration as they game out child care arrangements, uncertain about when the shutdown will end.

Child care administrators are sending out bulletins suggesting parents find college students on break or consider paying center staff for in-home care. Parents are frantically seeking spots in other facilities, or working out care arrangements with friends and family on a day-by-day basis. Those with flex time or paid leave are using it, and some are simply taking their children to work with them, for lack of a better option.

NASA engineer Jessica M reported on Twitter that her child care is raising rates to offset the costs of the shutdown. Some parents have child care access but can’t afford it because of the furlough, so they’re pulling their kids out and hoping they don’t lose their spaces in facilities that often have lengthy waiting lists.

According to the Center for American Progress’ Early Childhood team — one of whom is among the DC-area parents struggling to meet child care needs due to a facility closure — “licensed infant and toddler child care is unaffordable for most families.” While child care subsidies are available, only 1 in 6 eligible families are currently receiving them. Washington, DC, which has been hit especially hard by the shutdown, has particularly high child care costs; parents need to spend 21 percent of the area’s median income on center-based care that meets licensing requirements. Maryland and Virginia both have high costs, and a high concentration of federal employees, as well.

The price tag for child care isn’t the only problem, as many parents affected by the shutdown are discovering. There’s also a significant shortage of available spots and providers; among parents who can afford to pay tuition at a shuttered center and pay for other arrangements, some, like abby, are learning that there are no other arrangements available.

In a painful juxtaposition, at the precise moment that parents affected by the shutdown are desperate for childcare, Congress has just opened a state-of-the-art care facility for the children of staffers. Limited child care options, you see, had been driving staffers away from Capitol Hill.

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Netflix With Class: What to Watch Over the Holidays https://talkpoverty.org/2018/12/21/working-class-television-shows/ Fri, 21 Dec 2018 15:01:25 +0000 https://talkpoverty.org/?p=27098 TalkPoverty is taking a break for the next week, to give our staff a chance to take a vacation and plan for 2019. These are a few of the shows we’ll be watching when we’re offline and need a reprieve from conversations with weird Uncle Sal.

Superstore

The first season of Superstore is essentially The Office, set in a big box store where the workers are making minimum wage. There’s a will-they-won’t-they relationship between coworkers, a brutal assistant manager who would break Dwight Schrute’s spirit in under half an hour, and some classic slapstick to tie it all together.

But the longer the show is on, the better it gets. Beginning in season two, the show starts to tease out the substantive issues that define the characters’ lives and brings them to the forefront without ever getting heavy-handed. That’s not an easy feat: There are plot arcs that deal directly, and unflinchingly, with union busting, health care inequity, documentation status, and paid maternity leave.

The show isn’t perfect: We’d be remiss if we recommended it without noting that a disabled character is played by an actor who does not share his character’s disability. It’s a misstep that could have easily been avoided, and a blemish on a show that handles a number of complicated topics so deftly.

How to watch it: Superstore airs on NBC, and older episodes are available on Hulu. Start with episode two, season two, “Strike.”

Bob’s Burgers

Bob’s Burgers is one of the funniest, most consistent shows on TV. It’s heavy on jokes and wild premises, and its characters are a collection of beautifully unhinged, frantic, awkward humans who are inexplicably relatable. And, at its core, the show is about a working-class family that is barely scraping by. The titular restaurant is always in peril, wealthy business owners are an existential threat, and minor mishaps – like a broken minivan or a decrepit sofa – are big enough financial burdens that zany attempts to replace them often form the basis of an entire episode.

Most importantly, Bob’s Burgers is a joy to watch. It’s a rare depiction of a family that faces stress without becoming bitter, and that struggles without being victims.

How to watch it: New episodes are on FOX, and the entire series is on Hulu. If you’re going to binge it, start with season three – that’s when the show finds its footing.

The cast of The Fosters, a multiracial family drama
Photo: Freeform/Vu Ong

The Fosters

The Fosters finished airing in June and it is genuinely heartwarming, for those looking for some basic queer joy. The Freeform family drama revolves around a lesbian couple raising five kids under one roof – four of whom are foster children. It delves into the working-class life of a police officer and vice principal navigating childrearing, living in a racially mixed family, and the challenges of the foster system. It’s rare to see queer families on television, especially lesbian families, even though nearly 16 percent of same-gender couples are raising children together. For those dismayed its run is over, a spinoff, Good Trouble, is coming to Freeform!

How to watch it: The whole show is on Netflix, and if you want to dip your toes in, try season one’s “I Do” (episode 10) for an extremely wholesome lesbian wedding, and “Quinceañera” (episode four) for some moving family drama.

On My Block

Four inner-city LA teens navigate their coming of age in On My Block, which is a frank look at a part of Los Angeles that’s usually glossed over or turned into a cautionary tale. Monse (Sierra Capri), Cesar (Diego Tinoco), Ruben (Jason Genao), and Jamal (Brett Gray) inhabit different aspects of the Latinx and Afro-Latinx experience in a vibrant narrative deeply rooted in lived experience.

It would be a mistake to focus on the exploration of gang violence here: On My Block also confronts deportations, teen sexuality, family, and more in a diverse reflection of contemporary teen life. Plus, you are going to love Ruben’s abuela.

How to watch it: It’s a Netflix Original, and with only one season available, you can start right at the beginning!

A still from the Speechless Christmas episode
Photo: ABC/Eric McCandless

Speechless

Energetic mom Maya DiMeo (Minnie Driver) and her chaotic family enliven a drama that’s been widely praised by the disability community for its authentic handling of cerebral palsy from both the perspective of disabled youth growing into their autonomy and parents who advocate tirelessly for access and inclusion. Her son JJ is played by Micah Fowler, who actually has cerebral palsy and fills his role as the titular nonverbal character with gusto. Class comes in as the family struggles to find a good school for JJ, and ultimately finds itself living in the junkiest house in a fancy neighborhood and navigating all that comes with it.

How to watch it: Speechless airs on ABC and you can find the entire series on Hulu. You’ll want to start from the beginning to root yourself in the DiMeo family’s woes … and triumphs.

GLOW

Jenji Kohan’s newest show, based on the Gorgeous Ladies of Wrestling series that ran from 1986-1992, is a classic dramedy about a band of misfits that defies the odds. The ensemble cast, featuring Marc Maron, Alison Brie, and Betty Gilpin, is comprised of deeply broken human beings who are trying to relaunch their careers (and redeem themselves after some truly astounding personal mistakes) by filming a low-budget women’s wrestling series in a run-down gym.

The episodes are a little uneven in quality, but the series engages directly with class in a way that feels original: Through the characters and the wrestling personas they take on. It’s worth watching just for real-life WWE star Kia Stevens, who plays Tammé. Tammé’s struggle with the wrestling persona she’s been assigned – who is literally named “Welfare Queen” – is given the air time it deserves in the second season. Her attempt to navigate the space between social responsibility and her very real need to support herself is messy and compelling.

How to watch it: GLOW is a Netflix Original. Start from the beginning, or you’ll struggle to piece together the dynamics between the characters.

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A Trump Immigration Rule Could Devastate Rural Hospitals https://talkpoverty.org/2018/12/04/trump-immigration-rule-devastate-rural-hospitals/ Tue, 04 Dec 2018 17:21:13 +0000 https://talkpoverty.org/?p=26966 According to a recent report, the Trump administration’s proposed change to what’s known as the “public charge” immigration rule would endanger $17 billion in Medicaid reimbursements for hospitals across the United States. This could threaten some rural hospitals, which are already facing an epidemic of closures, and leave many communities without a hospital within a 35-mile radius.

The rule proposed by the United States Citizenship and Immigration Services would require most immigrants seeking green cards to show that they have a middle-class income: specifically, more than 250 percent of the federal poverty line (about $62,750 for a family of four). Immigrants could also fail the test if they have received government benefits, including Medicaid and Medicare Part D, in the past or if officials feel they are likely to receive them at any point in the future. The test would also penalize use of the Supplemental Nutrition Assistance Program (SNAP, formerly known as food stamps) and housing assistance programs.

Researchers at the consulting firm Manatt found the proposed changes could drive disenrollment from Medicaid, even for people who are lawfully in the United States, eligible for coverage, and wouldn’t be subject to the public charge rule, because they fear running afoul of the new requirements. Similar fears are already pushing eligible immigrant families off SNAP, especially those in “mixed status” households that include lawful residents, citizens, and/or undocumented people.

Overall, the researchers estimate public charge could affect 13.2 million immigrants on Medicaid, including 7.6 million children, who consume nearly $70 billion in Medicaid and Children’s Health Insurance Program services annually.

When people begin to unenroll from Medicaid, the rise in uninsured people who still need health care will lead to fewer Medicaid reimbursements and a corresponding increase in uncompensated care costs. That will be particularly hard on rural hospitals, in part because rural communities rely more heavily on Medicaid coverage than their urban counterparts due to the lower number of other insurance options and high poverty rates.

While the majority of immigrants in the United States live in urban areas, they are making up an increasing share of rural communities. When rural hospitals experience even a relatively small drop in income from losing these patients, Manatt researcher April Grady notes that it “can have an outsized impact.”

Texas, California, and Nevada could see particularly acute chilling effects for their immigrant residents in both urban and rural areas if the public charge rule is approved, thanks to their large immigrant communities. Texas is already struggling with hospital closures, where changes to Medicaid policy, along with the state’s refusal to expand the program, have hit rural facilities hard.

Texas, California, and Nevada could see particularly acute chilling effects for their immigrant residents.

Sharita Thomas, a research associate with the North Carolina Rural Health Research Program (NCRHRP), observed that there have been 90 rural hospital closures since 2010, many in the South, with more on the horizon. 68 percent of rural hospitals vulnerable to full closure are Critical Access Hospitals, which are facilities that are at least 35 miles away from other hospitals, maintain 24/7 emergency care, and meet several other criteria to receive unique benefits designed to make them more financially stable, including cost-based Medicare and in some cases Medicaid reimbursement.

When the sole hospital in a rural community closes, it forces patients to search further afield for care, a particular concern with obstetrical and emergency treatment. It also has a wider negative economic impact. “In rural communities,” said George Pink, Deputy Director of the NCRHRP, “the hospital is the largest or second-largest employer in the region. When that source of employment goes away, there are often ripple effects.” This can extend to companies considering relocation but reluctant to do business in an area that lacks a hospital or doesn’t provide sufficient hospital services, depriving rural regions of economic opportunities.

Even if hospitals facing budget constraints don’t close, they could start cutting programs, with labor and delivery a frequent early target. When cuts fail to achieve the desired goal and get more drastic, a floundering hospital may ponder a merger with another health care entity. Hospital mergers in urban and rural areas alike are rapidly accelerating, with 102 in 2016 alone and a comparable number in 2017. Many of the hospital chains gobbling up smaller competitors are Christian, with the Catholic hospital system in particular expanding rapidly and cutting off access to reproductive health services in the process.

Public charge could have another unintended consequence on rural hospitals, where physicians from immigrant backgrounds make up an important component of health care access. Many rural communities are counting on immigrants to meet health care provider shortages, offering incentives to those willing to work in underserved communities. Physicians have already warned that the executive order restricting entry from majority-Muslim countries is detrimental to health care access in the U.S. and this rule could be another deterrent.

Determining the impact of public charge on rural hospitals “really is a bit of a numbers game,” said Grady, but it’s a game that the federal government has been unwilling to play. She added that while the proposed rule hints at issues like people being afraid to seek emergency care and mixed-status households withdrawing from benefits, it declined to provide estimated fiscal and social impacts.

“There’s administration hurdles that are not fully explored in the proposed rule,” she said.

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‘Feel-Good’ Holiday Stories Are Actually Just a Symptom of a Crumbling Society https://talkpoverty.org/2018/11/30/feel-good-holiday-stories-really-policy-failures/ Fri, 30 Nov 2018 16:30:43 +0000 https://talkpoverty.org/?p=26957 Over the Black Friday weekend, Mother Jones editor-in-chief Clara Jeffery saw a need on the popular education crowdfunding site DonorsChoose, where teachers request financial assistance for classroom supplies. For 22 hours, Jeffery tweeted out fundraiser after fundraiser, until her followers raised $60,000 by responding to the lone Twitter thread. They sent paper and pencils to San Francisco, books to fire evacuees in Chico, an instructor’s computer to a tribal school in South Dakota, warm weather gear to East Flatbush, and much more.

Throughout the thread, Jeffery expressed frustration that teachers’ needs were so dire. “She [is] asking for pencils and gluesticks ffs,” Jeffery commented on a fundraiser for a low-income San Francisco school. On a request for help buying laundry equipment, she said: “These asks for ways to help kids and their families get and clean clothes are so sad. We need to serious[ly] overhaul our society.”

No teacher should have to beg for help with buying pencils, but here we are. As Jeffery notes, “so many more teachers are paying for essentials out of their own, far-too-small, paychecks.”

While she was quick to put her fundraising in context, her efforts could have easily fallen prey to a media trend of stories that follow a familiar formula: A person sees an individual injustice and takes a step to remedy it, everyone gets inspired, the end.

The boss buys a car for an employee struggling with transportation issues. Coworkers donate sick days to a teacher undergoing cancer treatment so they don’t lose employment benefits. A garbage truck driver helps an elderly customer evacuate a wildfire. A LASIK surgeon donates procedures to veterans. Well-paid celebrities offer generous tips to wait staff having hard days. News station buys up, and forgives, medical debt.

Websites specializing in “good” and “uplifting” news love circulating this kind of content, but they aren’t alone, especially at this time of year, when readers and viewers are hungry for a feel-good story. But these stories should not make anyone feel good. They are stark illustrations of inequality in the United States and the reasons why it’s so pernicious. Circulating narratives like these reinforces the attitude that they are personal problems that can be solved by an act of charity, instead of institutional injustices that must be remedied through legislation.

That employee who got a car from their boss doesn’t need a one-time gift from a generous CEO: They need reliable transit and a fair wage so they can be empowered to make their own decisions about how they get to work. Meanwhile, the oil industry continues to fight transit improvements while transit systems across the country are plagued by deferred maintenance, insufficient capacity, and accessibility issues. The federal minimum wage has remained at $7.25 hourly for almost a decade, with states slowly working on increases.

An employee with cancer doesn’t need donated sick pay — a growing trend, along with donating paid time off to new parents so they can take leave with their newborns or recently-adopted family members. They need adequate sick leave to meet their needs, along with paid family leave to help them care for their relatives and chosen family when necessary. The United States is the only industrialized nation that lacks national paid leave requirements: Just 13 percent of private sector workers have access to paid family leave, the majority do not have paid medical leave, and 29 percent have no paid sick leave.

These are systemic problems, not personal ones.

A garbage truck driver shouldn’t have to lift a 93-year-old woman into the cab of a sanitation truck and help arrange shelter at the other end of the journey. Local authorities should proactively identify residents in need of evacuation assistance and dispatch trained personnel to assist. The costs of failing to do so are high: During 2017’s Hurricane Irma, 12 Florida nursing home residents died due to inadequate disaster preparation. That same year, residents of eldercare facilities in Santa Rosa, CA were abandoned in advance of a wildfire – fortunately, the community was able to rescue them.

LASIK surgeons shouldn’t be donating procedures to veterans. The Veterans Administration should be addressing long wait times for benefits and gaps in coverage.

Waitstaff shouldn’t have to rely on random $500 tips from strangers who feel guilty about their wealth. They should be making a living wage and receiving employment benefits that allow them to access health care, paid leave, educational opportunities, and other supports. The federal tipped minimum wage has been flat since 1991 and service workers are subject to wage theft, racial inequalities, high poverty rates, and city councils and legislatures that overturn the wage increases voters asked for.

A news station shouldn’t have to buy up debt for pennies on the dollar and forgive it, passing along potentially serious tax implications. People should have access to health coverage and living wages that keep them out of debt in the first place. Medical debt is the leading cause for debt collection calls. It doesn’t have to be that way.

Nothing has to be this way.

These are systemic problems, not personal ones, and they could be better addressed through policy interventions than on a case-by-case basis. Access to things like paid leave, safe housing, transit, and health care shouldn’t be dependent on whether someone can make their story trend on Twitter or package it for a local news entity. Every time these stories are shared and re-shared, it pulls attention away from the institutional issue in favor of a highly-personal quick fix.

Individual acts of generosity like these can feel rewarding: People see a fellow human in distress and they help alleviate it, for an immediate hit of gratification (and guilt reduction, when these gifts come from people who may have contributed to the underlying problem). But they do not necessarily make a long-term meaningful difference in the recipient’s life, and they do nothing to resolve the inequities that created the situation in the first place. For every one of these happy endings, there are millions of others facing the same precarious situations with no helping hand in sight.

What happens when that employee faces car insurance and registration fees she can’t afford for the car she didn’t ask for? When that waitress receives a tax bill for her $500 tip? When that elder’s home burns, hospitality runs out, and her insurance refuses to pay out, leaving her homeless and adrift? When a teacher’s fundraising efforts for classroom cleaning supplies fail and students work in increasingly dirty conditions for the rest of the school year?

We create problems like these by putting the feelings of people who want to perform charity before the actual needs of low-income people. The consequences are the parts of the story we never see, and the illustration that far from making us feel good, these stories should make us feel very, very bad.

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Crowdfunding Is a Symptom Of America’s Sick Health Care System https://talkpoverty.org/2018/11/19/crowdfunding-symptom-americas-sick-health-care-system/ Mon, 19 Nov 2018 19:04:41 +0000 https://talkpoverty.org/?p=26905 “I nearly went to the hospital for the 22nd time in 7 months. As you can imagine this has depleted all of my money,” writes Tara. She continues: “My family has done so much and will help me once I’m there, but I need to move on my own…So look, I’m a responsible girl, I’ve been holding it down for 16 years while feeling like I could be taken at any time.”

Tara is running a campaign  on the popular crowdfunding site GoFundMe. She has fibromyalgia and a host of complications, and needs to relocate to access health care. She started fundraising in March 2017, and a year and a half later, she’s raised less than a quarter of what she needs. She’s not alone. Medical expenses are already the leading crowdfunding cause and donations can’t keep up with demand; a 2017 study showed that 90 percent of medical crowdfunding campaigns failed to reach their goals.

The use of crowdfunding to pay not just for medical care but adjacent costs, such as lost work associated with being ill, caregiving costs for ill family members, utilities, travel and lodging costs to access care, and other externalities, is growing common. For low-income people who are under and uninsured, these cost burdens can be particularly high.

Faced with urgent financial needs, some may turn to payday lenders and other high-interest, high-risk “alternative financial services.” An increasing number are looking to crowdfunding, but Lauren S. Berliner and Nora Kenworthy at the University of Washington Bothell, authors of the 2017 study finding that these campaigns often fall short, discovered success can hinge on things like socioeconomic networks, media literacy, and the ability to translate needs into a compelling and understandable narrative. Campaign success can also be contingent on the nature of the ask; asking for help with ongoing caregiving costs, for example, is less straightforward than requesting assistance with the costs of a specific medical procedure.

Perusing crowdfunding sites reveals ample glossy, well-prepared pleas for help that are netting healthy proceeds, like “Join Oscar’s Village,” featuring a baby with acute flaccid myelitis, a brief, emotive story, and pictures of a happy family. Other campaigns have few to no donations and haven’t been optimized for an audience, like Tara’s: rambling, poorly-punctuated pleas for help, lengthy and apologetic stories, and blurry photos that don’t catch the eye of visitors. It’s a brave new world of health care financing in which those with socioeconomic privilege are better positioned for success than others.

Berliner and Kenworthy fear crowdfunding may be exacerbating socioeconomic inequalities. “Crowdfunding normalizes a means of health care financing that runs counter to a more rights-based system of values,” says Berliner. “

It normalizes the idea that individuals should make decisions about who does and doesn’t deserve care.

” Their work finds that crowdfunding promotes “hyper-individualized accounts of suffering” — the kind of tearjerker personal stories that get picked up in the media, like the widow of a shooting victim who needed help with his lung disease or the woman who saved her husband’s life with CPR while 39 weeks pregnant — that depend on individual ability to leverage media platforms. Crowdfunding sites themselves are also pulled into this debate as they become “an arbiter for public problems,” they say, developing the algorithms that can determine success or failure, verifying high-profile campaigns, and making decisions about what gets highlighted.

With crowdfunding occupying a growing role in the health care landscape, it should be noted that campaigners may also not be aware of the financial implications of participation, including tax liabilities or jeopardizing eligibility for need-based programs like Medicaid. Those most in need of advice on these issues may be least able to access it, lacking attorneys and accountants in their friend networks and unaware that they may need to consult a professional for advice.

The rise of medical crowdfunding demonstrates that insured and uninsured alike are struggling with health care expenses, especially among low-income people. In states without Medicaid expansion, medical debt is particularly high. Medical debt may be ubiquitous, but the amount of debt is often surprisingly small. A 2018 Health Affairs study discovered over half of medical bills sent to collections were under $600. Still, that’s much more than most Americans can pay. In 2017, the Federal Reserve found that 40 percent of people would struggle with an unexpected expense of $400 or more.

Far from being a grassroots solution to disparities in health care access, crowdfunding may just be making the problem worse by foregrounding personal responsibility over institutional accountability. It’s an extension of the argument we saw during the Affordable Care Act fight, put succinctly by Republican Representative Steve King when he said “I think a national health care act substitutes for a lack of personal responsibility.” The belief that the ACA was a handout rather than a hand up is ubiquitous among Congressional Republicans, who enjoy a comprehensive and very affordable health care plan as part of their jobs.

But more and more, we’re seeing voters disagree. Health care affordability was certainly on the minds of voters last week as they turned out to vote for Medicaid expansion in three states, Democratic governors who can drive Medicaid expansion like Laura Kelly in Kansas, and members of Congress who made health care part of their platform.

Stabilizing the Affordable Care Act and moving to protect Medicaid and Medicare may help bring some direct health care costs under control for currently vulnerable groups. This includes those in states currently without Medicaid expansions and moderate-income people who don’t qualify for subsidies or have high-deductible employer-sponsored insurance.

In the meantime, those facing high health care costs and associated expenses will have to keep turning to the internet for help. “I’m white knuckling it to California in a thyroid storm and was just told I need a biopsy now! It may be a long journey, if I have a surge it’s a hospital or hotel! Please pray and god bless you all!,” says Tara in her last update, featuring a photo of her in a hospital bed. It was posted 18 months ago.

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California Already Has a Housing Crisis. The Fires Just Made It Worse. https://talkpoverty.org/2018/11/15/california-already-housing-crisis-fires-just-made-worse/ Thu, 15 Nov 2018 18:27:48 +0000 https://talkpoverty.org/?p=26879 California is on fire. Again. The state’s 2018 wildfire season has been devastating, and it’s not over yet. The dramatic Woolsey and Hill fires scorching the hills around Los Angeles are still being brought under control, and first responders are battling the Camp Fire in Butte County, which has killed at least 56 people and torn through 140,000 acres and more than 10,000 structures.

Recovery from wildfires can take years, and for affected communities, one aspect is especially pressing: Housing. California’s housing prices are infamously high, and in Butte County, this problem is particularly bad. With 19.5 percent of the county living below the poverty line, explains Ed Mayer, Executive Director of the Housing Authority of the County of Butte, many households are heavily rent-burdened.

Five of his 36 staffers from around Butte County lost their homes in the blaze and many others are housing friends and family left houseless by the fire. The Camp Fire was most devastating in Paradise, where 95 percent of the city’s residential and commercial buildings are gone, says Mayer. The county as a whole lost a staggering 10 percent of its housing stock in the Camp Fire.

“Prior to the crisis, we had a vacancy rate of maybe 1.5 percent to 2.5 percent,” he says, estimating that Butte had approximately 1,000 units available around the county before the fire. That’s far short of the 6,000 households, including some receiving housing assistance, that will be looking for new homes after theirs were destroyed. Evacuees from Paradise are predominantly low-income elders and disabled people who settled there for a unique combination of affordable housing (by California standards) and access to medical services, he explains, a situation they may struggle to find elsewhere in the state.

He fears low-income residents may leave the state altogether, while others may be left doubling up with friends and family or moving in and out of shelters and the street. Mayer even raised the prospect of “tent cities” akin to those seen during the Dust Bowl to accommodate desperate residents, some of whom are already camping due to the lack of sheltering options. The local alternatives, like neighboring Oroville, are unlikely to meet the needs of evacuees — 60 percent of Oroville renters are already paying more than 50 percent of their income in rent and utilities every month. Oroville was also in the headlines in 2017 for its crumbling dam, which itself may be threatened by the fire.

Rents tend to spike after disasters

“This is not the first time this has happened,” Mayer says, noting that Butte County reached out to officials in Santa Rosa, where last year’s Tubbs Fire destroyed nearly 6,000 structures, including in low-income neighborhoods, to learn more about how they handled losing five percent of their housing stock to a fast-moving wildfire. The lessons from Santa Rosa and surrounding Sonoma County may prove to be instructive for other communities in the state facing similar catastrophes.

In the weeks and months after the Santa Rosa fires, rents began soaring, and so did property values, though Governor Jerry Brown instituted temporary price gouging protections that led to at least one successful prosecution. Construction costs also began to rise, further crunching homeowners attempting to rebuild and complicated by a proliferation of unlicensed and unqualified contractors flocking to the area to take advantage of property owners eager to start rebuilding.

In Santa Rosa, the Santa Rosa Press Democrat estimated the housing crunch caused by the Tubbs fire drove some 7,000 people to leave the city of 175,000, and over 1,000 fled the county altogether — some, tragically, for Butte County. Renters particularly struggled, with working-class people and undocumented immigrants heavily represented amongst those scrambling for housing.  According to the industry-supported Insurance Information Institute, only 37 percent of renters carried renters’ insurance for their homes, which left many renters with limited resources to replace belongings, let alone find new homes. Long, uncertain waits while property owners determined whether and how to rebuild were compounded by housing scarcity and rising prices, making it hard to stay in the area in the aftermath of the fire. Sonoma County was ultimately forced to declare a homelessness crisis to access funds for people experiencing homelessness, with rates climbing six percent in the aftermath of the fire.

Yet, even with an obvious crisis, Santa Rosa voters just rejected a $124 million bond measure designated for affordable housing.

According to CoreLogic, rents tend to spike after disasters, as illustrated in the aftermaths of Hurricanes Irma and Harvey as well as the Tubbs fire. Delinquencies also increase as impacted residents fall behind on their mortgage payments, and something else happens too: Property tax revenues drop, at the precise moment counties and municipalities need that money most. Another Santa Rosa ballot measure, which passed, approved a temporary sales tax increase to provide funding for emergency services, offsetting some of these tax losses. But sales taxes are regressive: they place the highest burden on the people who are most likely to need the support.

These trends are highly predictable, yet communities are still unprepared for them.

Devastating wildfires are no longer shocking exceptions

The Camp Fire is the deadliest in California history, but devastating wildfires are no longer shocking exceptions. They are the status quo for the Golden State, which has hit the frontlines of climate change just like hurricane-wracked communities across the country in the South. Another CoreLogic study estimates over 48,000 homes are at risk from wildfires in California, many in communities that have already burned before, sometimes multiple times. California’s own Climate Change Assessment, released in August of this year, found that the number of acres burned by fire throughout the state will increase by 77 percent by 2100 as a result of impacts from climate change.

Decreasing rainfall is desiccating already fire-prone environments right as the wind kicks up in the summer and fall, and all it takes is a spark from a flat tire, poorly maintained electrical line, or bad hot tub wiring to ignite a fire. Embattled utility company Pacific Gas and Electric has already taken the unprecedented step of temporary power cuts during periods of high fire risk in an attempt to avoid sparking another conflagration, and a group of Camp Fire survivors just filed suit against the utility, claiming it played a role in the fire that took their homes, though the cause remains under investigation.

“I don’t know,” says Mayer, pausing for a moment to gather his thoughts. “There’s major decisions facing the community.” It’s a sentiment echoed across fire-prone California, from Santa Rosa officials agonizing over whether and where to approve new developments to the fire evacuees roaming the aisles of drugstores far from home in search of replacement toothbrushes.

 

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What Progressives Won Last Night That You Might Have Missed https://talkpoverty.org/2018/11/07/progressives-won-last-night-might-missed/ Wed, 07 Nov 2018 18:10:45 +0000 https://talkpoverty.org/?p=26852 The 2018 midterm elections were a mixed bag for progressive policies. We had some big wins: States expanded Medicaid, increased the minimum wage, and gave voting rights back to more than a million Americans. But we also faced some hard losses: There are new regressive tax laws, restrictions on abortion access, and tough votes against criminal justice reform.

The undisputed good news is that Americans chipped away at the old guard last night. After two years of constant stress about losing our health care, massive tax handouts to the wealthy, and open animosity towards anyone perceived as different, we finally gained some ground.

To celebrate, we’re taking a break from our usual doom and gloom and rounding up the results that we were excited to wake up to this morning.

We finally have some good news about health care.

Congressional Democrats are in a better position to defend the Affordable Care Act, and are likely to work on stabilizing the ACA and addressing high drug prices in the new congress.

On a state level, voters were clearly motivated by concerns about health care. They also approved Medicaid expansion in three states: Idaho, Nebraska, and Utah. This extends Medicaid coverage to 340,000 low-income people.

The victories for Medicaid don’t stop there. In Maine, where the governor and voters have been engaged in a protracted battle over Medicaid expansion, Governor-elect Janet Mills says she’ll implement Medicaid expansion “immediately” upon taking office. Tony Evers in Wisconsin and Laura Kelly in Kansas could also drive expansion in their states, where leadership has historically resisted it. Sadly, all isn’t rosy: Montana voters rejected a ballot measure that would have extended Medicaid funding via a tobacco tax, ending coverage for nearly 100,000 residents.

A number of pro-choice candidates performed well last night. But two states, West Virginia and Alabama, amended their constitutions to specifically rule out the right to abortion. It’s a symbolic amendment for as long as Roe v. Wade stands, but the new balance on the Supreme Court could place it in jeopardy.

Florida is giving the vote to 1.4 million residents.

Florida’s Amendment 4 restored voting rights to people with felony records. Until last night, it had been one of only three states (now two) that denied people convicted of felonies the right to vote after they served their sentences. That disenfranchised more than 9 percent of the state’s population overall, and 21 percent of African Americans.

It’s difficult to estimate how big of an impact this could have moving forward, but it’s certainly possible that this influx of new voters will sway future elections. And, most importantly, it will allow more than a million people to vote on the policies that affect their lives.

One other bright spot last night was in Colorado: The state passed an amendment barring the use of slavery as punishment for a crime. Other ballot measures were, to put it nicely, kind of a bummer. Six states passed a version of Marsy’s law, which establishes a victims’ bill of rights that has the potential to violate the rights of people accused of crimes and makes it harder for people who are incarcerated to access parole boards and early release. In addition, North Dakota and Ohio both rejected measures that would lessen sentences for drug crimes.

Conservative states are raising their minimum wage.

Voters in Missouri and Arkansas approved increases in the minimum wage, which will together provide a raise to nearly 1 million workers. Missouri’s ballot initiative, which won with more than 62 percent of the vote, will hike its wage to $12 per hour by 2023. Arkansas’, approved by nearly 70 percent of voters, will increase the minimum wage to $11 per hour by 2021. Missouri’s initiative also reverses a minimum wage decrease that the state legislature imposed on St. Louis, which had raised its own minimum wage to $10 in 2017.

This continues a trend of minimum wage action on the state and local level. Though the federal minimum wage of $7.25 per hour has not been increased since 2007, four states approved wage hikes in 2014, and four more did the same in 2016, while cities including BaltimoreSeattle, and Washington, D.C. have increased their own minimums.

Still, 21 states adhere to the federal minimum wage, the purchasing power of which peaked in the 1960s. We would certainly like to see more movement here, since wages have been stagnant across the country for the last several decades – particularly for low-income workers and black and Hispanic families.

We’ll look at this as a blow to the specious arguments that opponents to trans rights have been making against trans Americans.

Massachusetts will uphold rights for transgender Americans.

In 2016, Massachusetts passed a bill to prohibit discrimination based on gender identity in public places, but the law’s opponents managed to get it placed on the ballot this year. Voters upheld the law, which provides protections that don’t exist on a national level, by nearly 70 percent. In most states, it is still legal to discriminate against someone in housing, business, employment, and public accommodations because of their sexual orientation or gender identity.

Because we’re celebrating, we’ll gloss over how irritated the entire TalkPoverty staff is that it’s possible to put these rights on the ballot. Instead, we’ll look at this as a blow to the specious arguments that opponents to trans rights have been making against trans Americans.

San Francisco is taxing corporations to help people experiencing homelessness.

It was generally a bad night for tax policy on the state and local level, due to several states, including North Carolina, Florida, and Arizona, approving anti-tax ballot measures, and the defeat of an effort to raise corporate taxes and implement a progressive income tax in Colorado in order to spend more money on public schools.

However, San Francisco approved an increase in its corporate tax — which will be levied on about 300 of its biggest businesses — in order to raise money to combat the city’s homelessness epidemic. At least 50 percent of the funding will be dedicated to direct housing in a city where some 7,500 people are experiencing homelessness.

The successful campaign in San Francisco was mirrored in two other Bay Area cities and counters a similar effort in Seattle, where the city council passed and then repealed a “head tax” due to opposition from Amazon and other big corporations.

 

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The High Costs of Trump’s Assault on the Transgender Community https://talkpoverty.org/2018/11/02/high-costs-trumps-assault-on-the-transgender-community/ Fri, 02 Nov 2018 16:45:45 +0000 https://talkpoverty.org/?p=26818 A recent New York Times story revealed that the Department of Health and Human Services is considering the adoption of a radically restrictive definition of gender, viewing it as an immutable trait established at birth on the basis of genitalia. This move could have a profound impact on the 1.4 million transgender people living in the U.S., as well as intersex people, who make up around 1.7 percent of the population.

The HHS proposal would reinterpret Title IX, which bars “sex”-based discrimination in federally-funded education and is applied to a wide range of civil rights issues from campus sexual assault to affirming the rights of trans students. HHS intends to push other government agencies to adopt the same narrow and biologically inaccurate view of gender, according to the Times. The agency’s view is also not shared by the courts, which have ruled repeatedly that “sex” includes gender identity under Title IX and Title VII.

The news about HHS came just days before a report that the Department of Justice believes employers can discriminate against employees on the basis of gender identity or sexual orientation. Meanwhile, agencies such as the Department of Education and the Department of Justice have chosen to withdraw anti-discrimination guidance that protected transg people, while HHS quietly removed trans discrimination guidance from its website about health care discrimination. Massachusetts voters will decide on Election Day whether they wish to uphold a law banning gender discrimination in public accommodations.

This is an all-out assault on the transgender community in the United States, and it has sinister implications for other vulnerable groups as well. It will hit low-income trans people especially hard, amplifying already existing economic inequalities.

“People with low or no income already struggle to acquire adequate representation to challenge their rights in court,” Harper Jean Tobin, director of policy at the National Center for Transgender Equality, said via email. “They could potentially be impacted by just the misinformation spread by this proposal. The proposal doesn’t actually rewrite laws, but it could embolden many employers or doctors or schools to disregard the rights of trans people. Those with resources enough to speak to a lawyer are more likely to know when their rights are being violated, while those who cannot might find themselves without much recourse.”

According to a 2015 report from the Movement Advancement Project and the Center for American Progress, trans people face a “financial penalty,” paying more to access health care and other services, from credit to fair housing, than their cis counterparts. They are more likely to live in poverty, with 15 percent of trans people making less than $10,000 annually in contrast with 4 percent of cis people. These numbers are even more stark for black (34 percent versus 9 percent) and Latinx (28 percent versus 5 percent) trans people.

The community overall experiences an unemployment rate double that of cis people. LGBQT people also rely more on threatened benefits programs such as the Supplemental Nutrition Assistance Program and Temporary Assistance for Needy Families.

This state of economic precarity has a concrete impact on trans lives. For instance, the National Center for Transgender Equality has found that just 21 percent of trans people have changed over all their identification documents, due to high costs and regressive policies such as refusals to allow trans people to update identification or birth certificates without proof of surgery in some states. The lack of consistent and accurate identification can fuel discrimination, such as refusals to hire people when their identification outs them as transgender, or denial of benefits, with 16 percent of U.S. Transgender Survey respondents reporting benefits issues related to mismatching identification.

Legitimizing transphobia on the institutional level encourages harassment and abuse of trans people.

Financial instability also amplifies widespread housing, employment, education, and health care discrimination against trans people. 23 percent of trans people faced “some form of housing discrimination” in the previous year, according to the U.S. Trans Survey, while 67 percent reported being passed over for hiring, fired, or denied promotions because of their gender identity. One in four experienced problems with their health insurance. Low-income people may not be able to “go somewhere else” to access services, cannot afford alternative housing, and cannot fund litigation in cases of discrimination.

In a landscape without comprehensive and explicit civil rights protections, and with federal agencies not only refusing to enforce existing protections but actively promoting discrimination against the trans community, low-income trans people’s financial disadvantage will become much more glaring. The administration is already not enforcing Affordable Care Act protections barring discrimination on the basis of gender identity, making it challenging to access not only transition services but permitting other forms of health care discrimination; this kind of policy could make this problem even worse. Similarly, barriers to accessing identification could leave more trans people struggling to access benefits they need to thrive, such as subsidized housing, SNAP, and Medicaid.

Just as a flood of bathroom bills in 2015 and 2016 emboldened transphobic people and policymakers, moves like this fuel hatred and contribute to the distribution of misinformation about what it means to be transgender and how trans people interact with society. Legitimizing transphobia on the institutional level encourages harassment and abuse of trans people, which harms vulnerable trans populations such as sex workers, women of color, immigrants, disabled people, youth, and low-income people.

Targeting the trans community could also lay the groundwork for disrupting other civil rights, with the federal government’s pursuit of a “right to discriminate” becoming a blueprint for attacking groups such as those who are homeless on the streets of San Francisco, Native American and fighting for the right to vote in Utah, or lesbians who want to adopt a child.

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Winter Is Coming, and Fuel Costs Will Hit the Poor the Hardest https://talkpoverty.org/2018/10/23/winter-fuel-costs-hit-poor-hardest/ Tue, 23 Oct 2018 15:30:05 +0000 https://talkpoverty.org/?p=26784 Winter is coming, and it’s going to be colder for some than others.

“Starting junior year,” recalls Alexis Stewart, a West Virginia-based writer and musician, “my mom said we couldn’t afford heat and I had to ‘suck it up.’ I don’t know if we didn’t qualify for [the Low Income Home Energy Assistance Program] those years or if the funding ran out before they got to us. I bought a space heater with money from my part time job, but because of the poor insulation, I’d still wake up to a stiff frozen blanket.”

Stewart grew up in a low-income household and today still struggles with the cost of heat. While living in one antiquated shared home in Huntington, “the food bank used to see a lot of me between November and March” thanks to high heating bills that were challenging even when split among six people.

Stewart is not alone in experiencing the “heat or eat” bind. A 2015 Department of Energy study found 25 million American households skipping food and medicine to pay for energy, with 7 million reporting they did so every month.

A household faces a high-energy burden, also described as energy insecurity or fuel poverty, any time heating costs exceed 10 percent of its income. Prices for fuel oil and propane spike in January and February, during the coldest part of the winter, and are on track to increase in 2018 over 2017, with propane costs per gallon across the country 8 cents higher in October 2018 than October 2017, according to the Department of Energy. (The amount of fuel needed by a household varies significantly depending on location, temperature, insulation, and other factors.)

Electricity prices tend to peak in summer, reflecting cooling costs, but are also on a steady upward trend. And these numbers do not necessarily capture the true cost of heating a home to a comfortable temperature, as Stewart’s experience demonstrates, only what is spent on heating.

Data show high energy burdens hit low-income people particularly hard, and that prices are heavily racialized as well, with Black households paying more thanks to inequalities in access to credit, paired with pricing structures that can penalize households that use minimal electricity. Elderly and disabled people can also face a high energy burden between medical conditions that may necessitate warmer temperatures and their higher poverty rates.

Poorly maintained heating systems and homes that lack energy efficiency updates can drive up heating expenses even further. A 2017 WUFT investigation in Gainesville, Florida, identified “substandard housing” as a significant culprit in differential energy costs, noting that low-income people are more likely to live in homes with energy efficiency shortcomings. Lauren Ross, Director of the Local Policy Program at American Council for an Energy-Efficient Economy, notes that her research has shown this to be a particular problem in rural areas, where housing stock is of much poorer quality.

Precise numbers on deaths associated with extreme cold are a subject of dispute, as there are many ways to define a cold death beyond obvious cases of hypothermia caused by exposure, but it’s a certainty that cold kills. Secondary illnesses and other complications associated with cold can cause cold-related deaths as well.

A 2014 Centers for Disease Control and Prevention study on deaths attributed to weather on death certificates found that two thirds — about 1,200 people annually — were associated with cold, with those in low-income communities much more likely to experience weather-related deaths. In 2015, a Lancet paper found deaths attributed to cold were 20 times more common than those associated with heat, making particular note of the fact that extreme cold wasn’t the leading cause of death: Even moderately cold temperatures were enough to kill.

Cold also makes people sick, especially elders, disabled people, and the Black community, according to the Lancet research. Cold can cause health problems for people with preexisting heart conditions, respiratory disorders, and more. A 2010 UK study noted children raised in cold conditions experienced developmental delays and other health complications.

Carbon monoxide poisoning caused by broken or unvented heaters used in enclosed rooms to combat cold, as has been observed in households trying to heat themselves without power after storms, is also a potential issue for households struggling with energy insecurity.

Precise numbers on deaths associated with extreme cold are a subject of dispute ... but it’s a certainty that cold kills.

The consequences of being unable to afford heating go further, though. Being unable to pay utility bills can reflect negatively on tenants’ credit and may indicate that a household is at risk of foreclosure or eviction; utility bills were identified as a potential cause of homelessness in a 2007 University of Colorado, Denver analysis of the state’s Point in Time homelessness count.

Programs such as LIHEAP and the Department of Energy’s Weatherization Assistance Program are designed to address these issues, but they fall short on funds, community outreach, and scope — they sometimes have rigid rules that will allow a program to replace a heater, but not to repair a badly warped door that allows freezing air to blast through a house, for example.  Financial assistance programs administered by utilities and community organizations have similar shortcomings. So people often rely on support from churches, friends, family, and strangers – sites like GoFundMe include fundraisers asking for help filling fuel oil tanks, paying off delinquent bills, and repairing heating equipment.

LIHEAP, established in 1981, offers state-administered funds to people making 200 percent of the federal poverty level or 60 percent of state median, but it is a first-come, first-serve program that often runs out of funds before it’s reached all the people who need it. According to the Department of Health and Human Services, just 20 percent of households who qualify receive funding each year. The Trump administration has also tried to eliminate the program, twice.

But increasing LIHEAP and efficiency program funding alone won’t solve the bigger problem. State-by-state laws on maintenance of heating infrastructure and whether landlords are required to provide heat vary widely, creating uncertainty about landlord responsibility for the safety and operability of heating equipment. Even in states where landlord responsibility is clear, tenants may fear retaliation if they ask for repairs or energy efficiency improvements.

Ross says many local programs aimed at addressing these problems don’t take advantage of stacking available funds — like federal dollars and a regional energy efficiency grant – to address underserved households with improvements that will lower energy bills and improve quality of life. Changes to restrictive policies that limit how funds can be spent are also necessary.

“In adulthood, I’ve moved an average of once every two years in the past ten. Most of those were mostly economic driven,” said Stewart. Lower heating bills — and higher wages — could change that.

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