How To Document Abuses of Your Rights at Work

1. Pay records: Keep a record of the days and hours you work, and how much each of your paychecks are. Keep all copies of your pay stubs, or your record of what you were paid in cash. If you discover that you are a victim of wage theft, these records will be very important for your case. Keep these at home, not at work. (Contact WIN for a booklet like one of those pictured above that you can use to keep track of your work hours.)

2. Employer information: Write down the full name, address, phone number, and license plate number of the person who hires you, and the person who is your supervisor.

3. Sub-contractors: If you work for a sub-contractor, find out the name, phone number, and address of the company that pays your boss.

4. What papers to keep: Keep copies of any personnel policies, contracts, union cards, papers or letters you receive from your boss, and copies of any documents you give to your boss. Keep these papers at home, not at work.

If you are having a specific problem at work, such as not being paid all you are owed, harassment, or being told to work in dangerous conditions:

1. Keep a diary of all incidents that happen. Write down the date, time, location of the incident, any conversations you have about it, and the names of other witnesses. Keep a record of any phone calls you make to lawyers, insurance agents, or government agencies. Make your notes as soon as possible, because it's easy to forget details.

2. If there are any witnesses to your incident, ask them if they are willing to write down what they saw and ask them to sign their statements. Get their phone numbers and addresses, in case one of you quits.

3. Don't sign any documents that are written in a language you can't read. Ask for a copy in your own language, or ask to take it home where someone can translate it for you. After you've done this, if you are asked to sign the document, ask for a copy that you can keep for your own records.

4. Find out if other workers are having the same problem. Talk with your co-workers about how you can protect your rights together.

Have more questions about your rights? The website canmybossdothat has a wealth of information on many different worker rights topics. If you live in the greater Memphis area and you are a victim of wage theft, or are being forced to work in unsafe conditions, email Workers Interfaith Network or call us at (901) 332-3570

Ground-breaking wage theft legislation introduced in Congress

Wednesday was an exciting day for those of us fighting wage theft in the trenches. After almost two years of organizing by folks like you, the Wage Theft Prevention and Community Partnerships Act was introduced in the House of Representatives.


The bill is exciting because it would establish a competitive grants program for community organizations like workers' centers and legal clinics to partner with the U.S. Department of Labor (USDOL). One thing that workers' centers like WIN's have learned in the fight against wage theft is that we have special knowledge about which companies and industries in our community are committing wage theft. We also have trusting relationships with low-wage workers. Too many times, the USDOL does not have either of these. That knowledge and those relationships can be a huge asset in reaching workers who are most likely to be victims of wage theft.


Plus, even with Secretary of Labor Hilda Solis' increase in the number of Wage and Hour investigators who follow up on wage theft claims, there are still only 1,000 investigators to cover the entire country.  A landmark study by the National Employment Law Project finds that two out of three low-wage workers have experienced wage theft. 1,000 investigators is  clearly not enough to serve the two-thirds of workers whose wages are being stolen. Just like police in Memphis and throughout the country have become better equipped to stop crime because of community policing, community partnerships like the ones proposed by this legislation can reduce wage theft.


But this legislation will only be passed if we create a cacophany of voices calling for it in the halls of Congress. You can help by emailing your Representative today and urging him or her to co-sponsor the legislation. We're especially hopeful that if Congressman Cohen hears from enough constituents about this, that he will come on board.

Urge your representative to co-sponsor the Wage Theft Prevention Act!

You Raised $23,000 to Stop Wage Theft and Work for Living Wages Through This Year's Faith and Labor Picnic

As you can see from the photo slideshow above, this year's Faith and Labor Picnic was a blast! It was the ultimate party with a purpose. You raised more than $23,000 to help Workers Interfaith Network fight wage theft and campaign for a living wage at the University of Memphis. At this year's Picnic, you:

• Raised critically needed funds to support workers' rights. Despite the tough economy, you raised even more than last year. Scroll down to learn about the specific ways WIN will be putting your Picnic gifts to work.
• Celebrated what you've accomplished as a member of WIN. You got the Shelby County Sheriff and District Attorney to agree to treat certain wage theft cases as criminal offenses, among many other victories.
• Demonstrated the true meaning of Labor Day with other people of faith, workers, and allies who believe in justice in the workplace. This year, 125 of you signed living wage petitions to University of Memphis President Shirley Raines. Click here to sign our online petition.
• Enjoyed great entertainment by Alicia Washington, Valerie June, Marcela Pinilla, and Danza Azteca.
• Ate a lot of food! Approximately 100 of you volunteered at the Picnic by preparing and serving food, selling tickets, making homemade cookies, and helping with kid's activities like the dunk tank, Moon Bounce, and face painting. Thank you!

Here's how WIN will be putting your Faith and Labor Picnic gifts to work:
1) You'll campaign for a living wage with University of Memphis workers.
2) You will partner with workers to recover their stolen wages from employers.
3) You will advocate for new federal wage theft legislation to stop employers from taking advantage of workers.
4) You will train construction workers on how to prevent on-the-job injuries and deaths.

I look forward to seeing you next Labor Day! Want to make sure you get notified about all the plans for next year's Faith and Labor Picnic? Sign up for WIN's email alerts. 

UT Health Science Center Refuses to Allow Clergy, Laid Off Workers to Enter Administration Building

   In the eight years that I've been director of Workers Interfaith Network, I've been part of numerous clergy delegations that have attempted to talk to managers and owners about working conditions and problems in the workplaces. In a number of cases, we have managed to talk to a plant manager or similar person. I can think of only one occasion in which a company in a small town, which was notoriously unsafe and discriminatory in their practices, would not allow our delegation to even enter the building.     
   
   I certainly expected that when a delegation of clergy joined workers laid off from the University of Tennessee Health Science Center (UTHSC) yesterday to talk about the layoffs, that we would be able to speak to someone from the Chancellor's Office. Instead, we were greeted by a security guard and a police officer (we must have looked like an intimidating group!) who would not allow us to enter the lobby because we did not have an appointment. When a representative of the United Campus Workers asked if security could call the Chancellor's office to let them know we were there, because he had already made multiple attempts to make an appointment, the security guard claimed he did not have the phone number of the Chancellor's office. I wonder how we would have contacted them if we had an appointment if he doesn't have the phone number? I guess I am naive, but I expected that a state institution would behave at least as well as the many union-busting private companies I have visited over the years.
     
   The refusal of UTHSC officials to return letters and calls from workers and the union, as well as their refusal to allow us to set foot in the lobby of a state building, are signs of much more serious concerns. Even though UTHSC has received over $30 million in stimulus money from the federal ARRA and state MOE funds, that money has not been used to save jobs. Thirty-three workers were laid off this month, including long-time employees like Michele Burrell, who has posted a you tube video outlining workers' concerns about the way that were laid off, severance, and recall rights. 
   
    Two of the laid-off workers I spoke with on Wednesday are single mothers who were making very modest salaries, leaving them totally unprepared for a layoff. Since workers did not get any advanced notice of the layoffs, not even one day, how could they have prepared? One of the women has a disabled son that she does not know how she will care for; the other asked where she could get health insurance after September 30th because there is no possible way she can afford COBRA. 
   
    The demographics of who was included in the layoffs is also of concern. While Chancellor Schwab is paid $550,000 a year by UT, many laid off workers were making less than $25,000 annually. When 18 of the laid off workers are African-American women, 10 are white women, and 5 are white men, you have to wonder if gender and racial discrimination could have been at work in decisions about who would be laid off. Because UTHSC has not disclosed what methods they used to decide on layoffs (such as seniority or performance reviews), there is no way to check for possible discrimination. 
    
   What do workers want?
1. UTHSC should use recovery money to stop additional layoffs.
2. Laid off workers should have recall rights for new positions that come open, and/or placement into currently open UTHSC positions.
3. Workers deserve severance pay that is equal to that of other laid off state of Tennessee workers. UTHSC workers received less than six weeks severance (with no notice of layoffs) while other state and higher education workers have received up to four months of salary and up to two years of tuition assistance. Because the current severance package only goes through September 30th, workers will not be eligible for any possible bonus money the state may give.
4. UTHSC should fully disclose how layoffs were conducted to verify there weren't irregularities or discrimination based on race, gender, or age.

    You can support laid off UTHSC workers by calling Chancellor Schwab's office at 901-448-4796. Urge him to use federal stimulus money to save workers' jobs, and call on him to meet with laid off workers to hear their concerns. You can also send an email on United Campus Workers' website.

   UT needs to know that the Memphis community wants stimulus funds to be used for their proper purpose: preventing layoffs in a time where it will be incredibly difficult for workers to find new jobs. 



    

Living Wage Would Make Huge Difference to U. of Memphis Workers

      Can the University of Memphis afford to pay its workers a living wage? With state budget cuts, it's certainly a legitimate question. It's interesting how when low-wage workers, who need a raise the most, call for a living wage, people ask about the cost. But can the University really afford to pay Athletic Director R.C. Johnson $307,500 (which is even more than President Raines earns)? His pay is 21 times higher than what some janitorial workers at the University make, and I don't hear a lot of questions about his pay.

      I'm not saying that janitorial workers at the University and Director Johnson or President Raines should all be paid the same salary. But I do believe that the University has a moral obligation to make sure all its workers earn at least enough that they aren't forced to live in poverty. Or work two or three jobs to make ends meet, and therefore can rarely spend time with their children. Or have to apply for Food Stamps just to put groceries on the table. Until all workers at the University are paid a living wage, perks like company cars and entertainment budgets - only available to a handful of top-paid people - should be put on hold.

     Unlike some town-gown relationships, the University of Memphis shows real concern for the problems like poverty and crime that so many people in our city struggle with. One example of that concern is two living wage studies that the University of Memphis' Center for Research on Women produced in 1999 and in 2002.  These studies helped WIN determine the living wage rate for the City of Memphis and Shelby County living wage ordinances. Now the University has the opportunity to set an example for all employers in our community by paying a living wage to its own employees. You can help press the University to do this by signing WIN's petition to President Raines.

     The benefits of a living wage to workers are pretty obvious. Not having to worry about whether you can pay the rent, buy enough groceries, and get the school clothes your child needs is just one benefit. If you've had to work a second job to pay the bills, quitting it gives you time to spend with your children, become more involved in their education, or be active in the community.

     But there are significant benefits to paying a living wage for employers too. For example, when the San Francisco Airport began paying a living wage, turnover among security screeners dropped from 95 percent to just 19 percent. Less turnover means more experienced workers, and less time spent on recruitment and training. A study of the Los Angeles living wage ordinance found that absenteeism among workers went down after the living wage was implemented, boosting productivity.

    I'm glad that so much research demonstrates that living wage is good for both employers and employees. What's most important, is that businesses, including the University, recognize their moral obligation to their workers. The workers who make the University's success possible should be rewarded with wages that are at least enough to keep them out of poverty. If you agree that a hard day's work deserves a fair day's pay, please sign the petition to President Raines today.


  

Are We Truly Ready for Discipleship? A Reflection on the Gospel Lesson for Labor Sunday

          I’ve learned from some clergy friends who are very diligent in their sermon preparation that it’s never too early to start thinking about a sermon. So, I want to offer my reflections on the lectionary’s gospel text for Labor Day Sunday this year in case they may be helpful to you. For links to other Labor Day weekend worship resources for a variety of faith traditions, visit WIN’s website.

In Luke 14:25-33, Jesus asks the throngs of people surrounding him to consider whether they are really ready to become his disciples. Can they give up the things that may be required? Jesus’ questions about whether they can hate their parents, siblings, or children must have rung harshly in their ears, as they do in ours today. Why would Jesus ask this? And what does this have to do with his final words that “none of you can become my disciple if you do not give up all your possessions”?

In Luke, Jesus’ message of justice for the poor and marginalized is often aimed at the wealthy and powerful. Perhaps in this passage, Jesus is warning some of those powerful people who believe they are ready to follow him, wanting them to know that they could lose much in becoming his disciple. The crowd may think they are ready to spread Jesus’ message that “blessed are you who are poor, for yours is the kingdom of God” and “woe to you who are rich, for you have received your consolation” (Luke 6:20-26). But this could easily result in being disowned, or worse, by family members a person was deeply dependent on for wealth and for identity.

So Jesus urges those who think they are ready to follow to really consider the costs of discipleship. Are they really ready to obey God rather than their families if the two conflict? Is the gift of God’s kingdom more precious than the gift of earthly possessions and power they hold now? It is not that Jesus doesn’t want disciples. He is simply looking for those whose enthusiasm won’t be destroyed by rejection from loved ones, or by the stripping away of wealth.

Jesus’ advice to count the cost of discipleship reminds me of something in social justice movements called “inoculation.” Union organizers know that workers who speak up for a union can gain better wages, fair treatment, and decent benefits. But they also risk a lot. (In thirty percent of union organizing drives, at least one worker is illegally fired because of their support for the union.) So the organizer “inoculates” the worker by warning her of what she could face: being fired, harassed, demotions or harder work assignments, being forced to sit through hours of anti-union videos on work time, or being asked to inform on her friends and co-workers. Some workers will walk away after this, knowing they’re just not ready to take the risks involved. But those who remain know what they are risking for the cause of justice, and they become stronger with that knowledge.

Being a disciple of Jesus today still puts us at risk of condemnation, especially if we follow his path of seeking justice. Consider people of faith in Arizona who give rides to church to undocumented immigrants. They are indeed welcoming the immigrant as Christ himself (Matthew 25:35), but they are also now breaking the law in their state. I also think about members of WIN who believe their faith calls them to stand in solidarity with workers who haven’t been paid. Occasionally they have found that the result is trash being thrown at them or threats being made to their safety. Or what about Jesus’ warning about family? At one time or another, many of us have been tempted to keep the family peace by holding our tongues when a relative says something offensive about poor people or people of color. And of course, there are workers every day who risk – and lose – their livelihoods because they are no longer willing to tolerate the injustice and even abuse that they experience at work.

            For those of who have some privilege in this nation because of our skin color, our gender, our citizenship status, our wealth, or our professional standing, it’s hard not be frightened a bit by Jesus warnings about what we can lose as disciples.

            We have to remember his words in light of the gospel – the good news – that what we gain in return for this sacrifice is the kingdom of God. We get to welcome God’s reign, where the hungry are fed, where the lowly are lifted up and the powerful brought down, where we live in shalom as one family, where mourning and crying and pain are no more. Despite my fears and doubts at times, I know I want to be one of the disciples who follows Jesus to this place, even if the road there will be a rocky one. 

Wage Theft Repeat Offenders All Too Common

This Thursday, WIN invites you to join in a picket at Ranger Construction Company. WIN members are gathering at 9:00 a.m. on October 1st outside the company offices at 6058 Raleigh LaGrange Rd.

Why? Because Juan Diaz and Juan De Dios Cano worked at Ranger and were not paid for the 29 hours they worked. This was in April, but it's not our first contact with Ranger. Last year, 3 Ranger workers also contacted WIN because they hadn't been paid. Pressure on the company caused them to pay up last year.

When my co-worker, Alfredo Pena, called up Ranger this time, a supervisor said "we're not in the habit of not paying our workers." The evidence suggests this isn't true. Like a lot of companies, Ranger seems to be using wage theft as one of its business practices.

Even as someone who works daily on wage theft, I was shocked at the level of wage theft a new study found. "Broken Laws, Unprotected Workers" surveyed more than 4,000 low-wage workers in the three largest cities in America - New York, Chicago, and Los Angeles.

Here's just a few things that they found:

• 1 in 4 workers had been paid less than the legal minimum wage in the past week. The minimum wage violations were serious. 60% of those who had been victimized were underpaid by more than $1 an hour.
• Of those who had worked overtime (more than 40 hours in a workweek), a shocking 3 out of 4 were not paid legally required overtime wages.

And this is in cities where local and state governments take stronger action against wage theft than in Memphis! 

Wage theft is clearly not just a few bad apples ruining the bunch. It's a widespread problem that's happening at the systemic level. And it's causing the suffering of millions of workers who can't make ends meet despite their hard work. 

If you're ready to tackle the problem, here are a few ideas:

• sign up for WIN's action alert email list so you can make your voice heard when wage theft happens in the Mid-South. 
• fight wage theft at the systemic level by becoming a member of WIN. Your membership will be used to advocate for better enforcement of wage laws at the local, state, and national levels. And, now through Dec. 15th, your new membership gift will be matched dollar for dollar by another WIN member!
• speak up when wage theft happens to you. If you've been a victim of not getting paid overtime, pay below the minimum wage, not being paid for all your hours, or not being paid at all, contact WIN.

Women and Work: Bridging Women's Struggles Across Borders

This Tuesday night, August 25th, you have the opportunity to hear the stories of four amazing women who are struggling for justice in the workplace. WIN is holding a forum called Women and Work: Bridging Women's Struggles Across Borders at 7:00 p.m. at Balmoral Presbyterian Church, located at 6413 Quince Rd.

What's it like to work in the banana plantations of Guatemala as a woman? How do you work with your union to defend your rights, and get your union to focus on protecting women from violence? Carmen Molina knows. Carmen, the first woman to be on the negotiation team of her banana workers' union in Guatemala, will be our featured speaker at the forum. She is touring the United States through a great organization called STITCH, which connects the struggles of women workers seeking justice in Central America and the United States.

What was it like to be the one of the first women sanitation workers in Memphis, and to help cafeteria workers at Memphis City Schools establish a union? Brenda Sheilds, chief steward for the Service Employees International Union Local 205, will share her experiences at the forum.

What are the challenges that immigrant women workers face in the United States? How can we support women's struggles for justice at work? Cristina Condori, a domestic worker orginally from Argentina, and a leader in WIN's Memphis Workers' Center, will also speak at the forum.

Finally, Dr. Keri Brondo, an assistant anthropology professor at the University of Memphis will help us make connection between women's struggles in low-wage workplace. Keri's research includes studying women women's struggles for justice in Central America.

Come talk with the amazing women who are organizing for justice, and find out how you can be part of the struggle! Join us Tuesday, August 25th at 7:00 p.m. at Balmoral Presbyterian Church. For more information, contact me at (901) 332-3570 or rebekah@workersinterfaithnetwork.org